Each local government unit shall have the power to create its own sources of revenues and to levy taxes, fees, and charges subject to such guidelines and limitations as the Congress may provide, consistent with the basic policy of local autonomy. It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. The State shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation. No member of the House of Representatives shall serve for more than three consecutive terms. All Members of the Senate and the House of Representatives shall, upon assumption of office, make a full disclosure of their financial and business interests. SECTION 1. A free and open party system shall be allowed to evolve according to the free choice of the people, subject to the provisions of this Article. No. Financial contributions from foreign governments and their agencies to political parties, organizations, coalitions, or candidates related to elections constitute interference in national affairs, and, when accepted, shall be an additional ground for the cancellation of their registration with the Commission, in addition to other penalties that may be prescribed by law. Appointments extended by an Acting President shall remain effective, unless revoked by the elected President within ninety days from his assumption or reassumption of office. Any amendment to, or revision of, this Constitution may be proposed by: (1) The Congress, upon a vote of three-fourths of all its Members; or. In no case shall any Member be appointed or designated in a temporary or acting capacity. SECTION 9. The State shall exercise reasonable supervision and regulation of all educational institutions, whether public or private. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act. In the pursuit of these goals, all sectors of the economy and all regions of the country shall be given optimum opportunity to develop. SECTION 2. SECTION 20. SECTION 20. (3) Until this Commission is constituted, the existing Presidential Committee on Human Rights shall continue to exercise its present functions and powers. SECTION 1. The State shall encourage equity participation in public utilities by the general public. The Philippine Autonomy Act of 1916, sometimes known as the "Jones Law", modified the structure of the Philippine government by removing the Philippine Commission as the legislative upper house and replacing it with a Senate elected by Filipino voters, creating the Philippines' first fully elected national legislature. SECTION 3. Constitution of the Philippines is similar to these constitutions: Constitution of South Korea, Constitution of India, Constitution of the United States and more. (2) The party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party list. SECTION 8. Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof. SECTION 15. THE CONSTITUTION OF THE PHILIPPINES. SECTION 10. It also called for a parliamentary republic as the form of government. SECTION 9. (1) The ownership and management of mass media shall be limited to citizens of the Philippines, or to corporations, cooperatives or associations, wholly-owned and managed by such citizens. The family has the duty to care for its elderly members but the State may also do so through just programs of social security. No transfer or disposition of such lands or real rights shall be allowed until after the lapse of one year from the ratification of this Constitution. In any case, the 1935 Constitution was suspended in 1972 with Marcos' proclamation of martial law, the rampant corruption of the constitutional process providing him with one of his major premises for doing so. basoct123 Uncategorized July 14, 2020 15 Minutes. In addition, constitution also sets the limitation of the government’s power and protects the rights of the people of the state. No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in this Constitution without its advice and concurrence. This paper. The Office of the Ombudsman shall enjoy fiscal autonomy. When the security of the State or the public interest so requires and the President so states in writing, the appearance shall be conducted in executive session. (7) Recommend to the Congress effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidacies. (5) The Council shall have the principal function of recommending appointees to the Judiciary. A short summary of this paper. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. (6) The Senate shall have the sole power to try and decide all cases of impeachment. Section 1. It shall keep a regular force necessary for the security of the State. This provision also applies to career officers whose resignation, tendered in line with the existing policy, had been accepted. They shall also be subject to such other qualifications and disabilities as may be prescribed by law. The creation of the autonomous region shall be effective when approved by majority of the votes cast by the constituent units in a plebiscite called for the purpose, provided that only provinces, cities, and geographic areas voting favorably in such plebiscite shall be included in the autonomous region. (4) Each House shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as may, in its judgment, affect national security; and the yeas and nays on any question shall, at the request of one-fifth of the Members present, be entered in the Journal. SECTION 4. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. SECTION 8. SECTION 8. SECTION 15. He shall ensure that the laws be faithfully executed. While the 1973 Constitution ideally provided for a true parliamentary system, in practice, Marcos made use of subterfuge and manipulation in order to keep executive powers for himself, rather than devolving these to the Assembly and the cabinet headed by the Prime Minister. The organic acts shall likewise provide for special courts with personal, family, and property law jurisdiction consistent with the provisions of this Constitution and national laws. Unless otherwise fixed by the Commission in special cases, the election period shall commence ninety days before the day of the election and shall end thirty days after. No franchise, certificate, or any other form of authorization for the operation of a public utility shall be granted except to citizens of the Philippines or to corporations or associations organized under the laws of the Philippines at least sixty per centum of whose capital is owned by such citizens, nor shall such franchise, certificate, or authorization be exclusive in character or for a longer period than fifty years. Of those first appointed, three Members shall hold office for seven years, two Members for five years, and the last Members for three years, without reappointment. (6) Publicize matters covered by its investigation when circumstances so warrant and with due prudence. SECTION 20. In the early case of Vera vs. Avelino, [17] “any power, deemed to be legislative by usage and tradition, is necessarily possessed by Congress, unless the organic act has lodged it elsewhere. Its approved annual appropriations shall be automatically and regularly released. In Sanidad vs. Comelec, L-44640, October 12, 1976 the Supreme Court ruled that on the basis of absolute necessity both the constituent power (the power to formulate a Constitution or to propose amendments or revision to the Constitution and to ratify such proposal, which is exclusively vested to the National Assembly, the Constitutional Convention, and the electorate) and legislative powers of the legislature may be exercised by the Chief Executive. The first Philippine constitution is the Biak-na-Bato Constitution. It provides for the qualification, terms of office, election, and power and functions of the President. The Congress may, by law, vest the appointment of other officers lower in rank in the President alone, in the courts, or in the heads of departments, agencies, commissions, or boards. Whenever the President transmits to the President of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice-President as Acting President. The State shall protect the rights of subsistence fishermen, especially of local communities, to the preferential use of local marine and fishing resources, both inland and offshore. SECTION 1. Section 1. The resolution shall be calendared for consideration by the House within ten session days from receipt thereof. The Commission on Elections may sit en banc or in two divisions, and shall promulgate its rules of procedure in order to expedite disposition of election cases, including pre-proclamation controversies. When Republic Act 6132 better known as the 1971 (2) The State shall strengthen the patriotic spirit and nationalist consciousness of the military, and respect for people’s rights in the performance of their duty. (1) The Senate shall elect its President and the House of Representatives its Speaker, by a majority vote of all its respective Members. (Section 19.1, Article XIV) Whether these provisions may, by themselves, be the source of enforceable rights without accompanying legislation has been the subject of considerable debate in the legal sphere and within the Supreme Court. [citation needed]. SECTION 4. (3) Upon the expiration of the corresponding period, a certification to this effect signed by the Chief Justice or the presiding judge shall forthwith be issued and a copy thereof attached to the record of the case or matter, and served upon the parties. (1) There shall be a Commission on Elections composed of a Chairman and six Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree, and must not have been candidates for any elective position in the immediately preceding elections. The right of the people and their organizations to effective and reasonable participation at all levels of social, political, and economic decision-making shall not be abridged. SECTION 13. SECTION 2. The Constitution of the Philippines(Filipino: Saligang Batas ng Pilipinasor Konstitusyon ng Pilipinas, Spanish: Constitución de la República de Filipinas) is the constitutionor supreme law of the Republic of the Philippines. SECTION 12. The Members of the Supreme Court and judges of lower courts shall be appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy. No person shall be a Member of the House of Representatives unless he is a natural-born citizen of the Philippines and, on the day of the election, is at least twenty-five years of age, able to read and write, and, except the party-list representatives, a registered voter in the district in which he shall be elected, and a resident thereof for a period of not less than one year immediately preceding the day of the election. The Congress shall enact an organic act for each autonomous region with the assistance and participation of the regional consultative commission composed of representatives appointed by the President from a list of nominees from multisectoral bodies. SECTION 3. SECTION 18. The Constitution also contains several other provisions enumerating various state policies including, i.e., the affirmation of labor "as a primary social economic force" (Section 14, Article II); the equal protection of "the life of the mother and the life of the unborn from conception" (Section 12, Article II); the "Filipino family as the foundation of the nation" (Article XV, Section 1); the recognition of Filipino as "the national language of the Philippines" (Section 6, Article XIV), and even a requirement that "all educational institutions shall undertake regular sports activities throughout the country in cooperation with athletic clubs and other sectors." SECTION 21. No ex post facto law or bill of attainder shall be enacted. (3) Assign temporarily judges of lower courts to other stations as public interest may require. Three other constitutions have effectively governed the country in its history: the 1935 Commonwealth Constitution, the 1973 Constitution, and the 1986 Freedom Constitution. (2) Educational institutions, other than those established by religious groups and mission boards, shall be owned solely by citizens of the Philippines or corporations or associations at least sixty per centum of the capital of which is owned by such citizens. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. SECTION 3. The Legislature consisted of a unicameral National Assembly and only those considered to be anti-US could stand for election, although in practice most legislators were appointed rather than elected. It was written with an eye to meeting the approval of the United States Government as well, so as to ensure that the U.S. would live up to its promise to grant the Philippines independence and not have a premise to hold onto its possession on the grounds that it was too politically immature and hence unready for full, real independence. The authority of local executives over the police units in their jurisdiction shall be provided by law. The State shall regulate and exercise authority over foreign investments within its national jurisdiction and in accordance with its national goals and priorities. In no case shall any Member serve longer than seven years including service before the ratification of this Constitution. (2) All cases involving the constitutionality of a treaty, international or executive agreement, or law, which shall be heard by the Supreme Court en banc, and all other cases which under the Rules of Court are required to be heard en banc, including those involving the constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations, shall be decided with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon. (1973) Constitution of the Philippines by action of the so-called Citizens' Assemblies on January 10, 1973 to January 15, 1973, as stated in and by virtue of Proclamation No. The Members of the Supreme Court and judges of lower courts shall hold office during good behavior until they reached the age of seventy years or become incapacitated to discharge the duties of their office. (1) The House of Representatives shall be composed of not more than two hundred and fifty members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio, and those who, as provided by law, shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations. SECTION 25. SECTION 22. The Constitution vests the legislative power in the National Assembly. Protection of labor, be it local or overseas in order to promote full employment and equal opportunities for all. (7) If, by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed reenacted and shall remain in force and effect until the general appropriations bill is passed by the Congress. SECTION 1. SECTION 14. Advertising entities affected by paragraph (2), Section 11 of Article XVI of this Constitution shall have five years from its ratification to comply on a graduated and proportionate basis with the minimum Filipino ownership requirement therein. SECTION 2. (8) Recommend to the President the removal of any officer or employee it has deputized, or the imposition of any other disciplinary action, for violation or disregard of, or disobedience to its directive, order, or decision. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized. He shall serve until the President or the Vice-President shall have been elected and qualified, and be subject to the same restrictions of powers and disqualifications as the Acting President. SECTION 15. (6) Temporary employees of the Government shall be given such protection as may be provided by law. (1) The right of spouses to found a family in accordance with their religious convictions and the demands of responsible parenthood; (2) The right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their development; (3) The right of the family to a family living wage and income; and. SECTION 6. The Congress may, by law, adopt a new name for the country, a national anthem, or a national seal, which shall all be truly reflective and symbolic of the ideals, history, and traditions of the people. (5) The State shall assign the highest budgetary priority to education and ensure that teaching will attract and retain its rightful share of the best available talents through adequate remuneration and other means of job satisfaction and fulfillment. SECTION 6. (1) The Commission on Audit shall have the power, authority, and duty to examine, audit, and settle all accounts pertaining to the revenue and receipts of, and expenditures or uses of funds and property, owned or held in trust by, or pertaining to, the Government, or any of its subdivisions, agencies, or instrumentalities, including government-owned or controlled corporations with original charters, and on a post-audit basis: (a) constitutional bodies, commissions and offices that have been granted fiscal autonomy under this Constitution; (b) autonomous state colleges and universities; (c) other government-owned or controlled corporations and their subsidiaries; and (d) such non-governmental entities receiving subsidy or equity, directly or indirectly, from or through the Government, which are required by law or the granting institution to submit to such audit as a condition of subsidy or equity. (5) Provide adult citizens, the disabled, and out-of-school youth with training in civics, vocational efficiency, and other skills. No law shall be passed exempting any entity of the Government or its subsidiary in any guise whatever, or any investment of public funds, from the jurisdiction of the Commission on Audit. The territorial and political subdivisions shall enjoy local autonomy. The voters of component cities within a province, whose charters contain no such prohibition, shall not be deprived of their right to vote for elective provincial officials. SECTION 6. the power of the purse,[12] the power of taxation,[13] and the power of eminent domain.[14]. SECTION 14. SECTION 7. Under the common interpretation of the Constitution, amendments can be proposed by one of three methods: a People's Initiative , a Constituent Assembly or a Constitutional Convention. (2) The Commission shall be composed of a Chairman and four Members who must be natural-born citizens of the Philippines and a majority of whom shall be members of the Bar. Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. There are three possible methods by which the Constitution can be amended: a Constituent assembly (Con-Ass), Constitutional Convention (Con-Con), or People's Initiative. The sequestration or freeze order is deemed automatically lifted if no judicial action or proceeding is commenced as herein provided. SECTION 13. It is the central institution in our political system. (2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding. (7) Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the Government and make recommendations for their elimination and the observance of high standards of ethics and efficiency. All amendments must be ratified in a national referendum. (2) A verified complaint for impeachment may be filed by any Member of the House of Representatives or by any citizen upon a resolution of endorsement by any Member thereof, which shall be included in the Order of Business within ten session days, and referred to the proper Committee within three session days thereafter. The State shall establish and maintain one police force, which shall be national in scope and civilian in character, to be administered and controlled by a national police commission. SECTION 10. SECTION 3. SECTION 18. (1) All cases or matters filed after the effectivity of this Constitution must be decided or resolved within twenty-four months from date of submission for the Supreme Court, and, unless reduced by the Supreme Court, twelve months for all lower collegiate courts, and three months for all other lower courts. It shall consider these rights in the formulation of national plans and policies. SECTION 17. The effort did not succeeded.[6]. SECTION 24. No pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules, and regulations shall be granted by the President without the favorable recommendation of the Commission. (1) The State shall take into account regional and sectoral needs and conditions and shall encourage local planning in the development of educational policies and programs. No person shall be twice put in jeopardy of punishment for the same offense. The State shall respect the role of independent people’s organizations to enable the people to pursue and protect, within the democratic framework, their legitimate and collective interests and aspirations through peaceful and lawful means. SECTION 15. Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens. The Congress shall establish a national language commission composed of representatives of various regions and disciplines which shall undertake, coordinate, and promote researches for the development, propagation, and preservation of Filipino and other languages. Search bar that allows you to quickly go to your preferred topic In lieu thereof, at the option of the employees, they may be considered for employment in the Government or in any of its subdivisions, instrumentalities, or agencies, including government-owned or controlled corporations and their subsidiaries. At the earliest possible time, the Government shall increase the salary scales of the other officials and employees of the National Government. On September 17, 1898, the Malolos Congress was elected, which was composed of wealthy and educated men. The Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a system for absentee voting by qualified Filipinos abroad. SECTION 15. Filipino translation available. To this end, the State shall encourage and undertake the just distribution of all agricultural lands, subject to such priorities and reasonable retention limits as the Congress may prescribe, taking into account ecological, developmental, or equity considerations, and subject to the payment of just compensation. The State shall protect and promote the right to health of the people and instill health consciousness among them. It shall strengthen the merit and rewards system, integrate all human resources development programs for all levels and ranks, and institutionalize a management climate conducive to public accountability. (2) Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction. SECTION 19. The State shall pursue a trade policy that serves the general welfare and utilizes all forms and arrangements of exchange on the basis of equality and reciprocity. Proprietary educational institutions, including those cooperatively owned, may likewise be entitled to such exemptions subject to the limitations provided by law including restrictions on dividends and provisions for reinvestment. The … No person may be elected President unless he is a natural-born citizen of the Philippines, a registered voter, able to read and write, at least forty years of age on the day of the election, and a resident of the Philippines for at least ten years immediately preceding such election. Natural-born citizenship forms an important part of the political system as only natural-born Filipinos are eligible to hold high offices, including all elective offices beginning with a representative in the House of Representatives up to the President. These Constitutional Commissions have different functions. Download Full PDF Package. In the 1981 amendments, the false parliamentary system was formally modified into a French-style semi-presidential system and provided: The last amendments in 1984 abolished the Executive Committee and restored the position of Vice-President (which did not exist in the original, unamended 1973 Constitution). SECTION 2. The State shall, by law, and for the common good, undertake, in cooperation with the public sector, a continuing program of urban land reform and housing which will make available at affordable cost decent housing and basic services to underprivileged and homeless citizens in urban centers and resettlements areas. The Ombudsman and his Deputies shall have the rank of Chairman and Members, respectively, of the Constitutional Commissions, and they shall receive the same salary, which shall not be decreased during their term of office. The Ombudsman must have for ten years or more been a judge or engaged in the practice of law in the Philippines. The Supreme Court is granted the power to hear any cases that deals with the constitutionality of law, about a treaty or decree of the government. It granted the President broad powers to reorganize government and remove officials, as well as mandating the president to appoint a commission to draft a new, more formal Constitution. (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. (5) Register, after sufficient publication, political parties, organizations, or coalitions which, in addition to other requirements, must present their platform or program of government; and accredit citizens’ arms of the Commission on Elections. So help me God.” (In case of affirmation, last sentence will be omitted.). The State shall regulate or prohibit monopolies when the public interest so requires. The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. All such election cases shall be heard and decided in division, provided that motions for reconsideration of decisions shall be decided by the Commission en banc. In 1997, the Pedrosa couple created a group called PIRMA followed with an attempt to change the constitution through a People's Initiative by way of gathering signatures from voters. Public office is a public trust. The Americans defeated the Spanish in the Battle of Manila Bay and Aguinaldo was transferred to the Philippines by the United States Navy. For that purpose, the Congress shall convene, if it is not in session, within forty-eight hours, in accordance with its rules and without need of call. If a President shall not have been chosen, the Vice-President-elect shall act as President until a President shall have been chosen and qualified. Bona fide candidates for any public office shall be free from any form of harassment and discrimination.

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