1935 Philippine Constitution Overview

Territory, state principles, and duties

The Philippines’ national territory comprises territories ceded by the Treaty of Paris concluded December 10, 1898, plus islands in the November 7, 1900 treaty, plus the January 2, 1930 treaty with Great Britain, and all territory over which the present Government of the Philippine Islands exercises jurisdiction (Article I, Section 1).
The defense of the State is a prime duty of government; for this duty, all citizens may be required by law to render personal military or civil service (Article II, Section 2).
The Philippines renounces war as an instrument of national policy and adopts generally accepted principles of international law as part of the law of the Nation (Article II, Section 3).
The Government must aid the natural right and duty of parents in rearing youth for civic efficiency (Article II, Section 4).
The State must make social justice a concern to insure the well-being and economic security of all the people (Article II, Section 5).

Bill of Rights protections

No person may be deprived of life, liberty, or property without due process of law, and no person may be denied equal protection of the laws (Article III, Section 1(1)).
Private property may not be taken for public use without just compensation (Article III, Section 1(2)).
Courts may not issue unreasonable searches and seizures warrants; warrants require probable cause determined by the judge after examination under oath or affirmation, and must particularly describe the place to be searched and persons or things to be seized (Article III, Section 1(3)).
The liberty of abode and of changing the same within limits prescribed by law shall not be impaired (Article III, Section 1(4)).
The privacy of communication and correspondence is protected from violation except upon lawful order of the court or when public safety and order require otherwise (Article III, Section 1(5)).
Individuals have the right to form associations or societies for purposes not contrary to law (Article III, Section 1(6)).
The State may not enact laws respecting an establishment of religion or prohibiting free exercise; free exercise and enjoyment are allowed without discrimination or preference and a religious test is forbidden for exercise of civil or political rights (Article III, Section 1(7)).
Laws may not abridge freedom of speech, freedom of the press, or the right to peaceably assemble and petition the Government for redress of grievances (Article III, Section 1(8)).
No law may grant a title of nobility, and officeholders may not accept presents, emoluments, office, or title from foreign states without Congress’s consent (Article III, Section 1(9)).
No law may impair the obligation of contracts (Article III, Section 1(10)).
No ex post facto law or bill of attainder may be enacted (Article III, Section 1(11)).
No person may be imprisoned for debt or non-payment of a poll tax (Article III, Section 1(12)).
Involuntary servitude is forbidden except as punishment for crime after due conviction (Article III, Section 1(13)).
The privilege of the writ of habeas corpus may be suspended only in cases of invasion, insurrection, or rebellion when the public safety requires it, and suspension applies wherever during such period necessity exists (Article III, Section 1(14)).
No person shall be held to answer for a criminal offense except under due process of law (Article III, Section 1(15)).
Before conviction, all persons shall be bailable by sufficient sureties except those charged with capital offenses when evidence of guilt is strong; excessive bail shall not be required (Article III, Section 1(16)).
In criminal prosecutions, the accused enjoys: presumption of innocence until proven otherwise; right to be heard by himself and counsel; right to be informed of the nature and cause of accusation; right to speedy and public trial; right to confront witnesses; and right to compulsory process for witnesses in his behalf (Article III, Section 1(17)).
No person may be compelled to be a witness against himself (Article III, Section 1(18)).
Excessive fines may not be imposed, and cruel and unusual punishment may not be inflicted (Article III, Section 1(19)).
No person may be put twice in jeopardy for the same offense; conviction or acquittal under a law and an ordinance for the same act constitutes a bar (Article III, Section 1(20)).
Free access to the courts shall not be denied to any person by reason of poverty (Article III, Section 1(21)).

Citizenship and suffrage rules

The citizens of the Philippines include: those citizens at the time of adoption of this Constitution; those born in the Philippines of foreign parents who, before adoption, had been elected to public office in the Philippines; those whose fathers are citizens; those whose mothers are citizens and upon reaching age of majority elect Philippine citizenship; and those naturalized in accordance with law (Article IV, Section 1).
Philippine citizenship may be lost or reacquired in the manner provided by law (Article IV, Section 2).
Suffrage is exercised by male citizens not disqualified by law, 21 years of age or over, able to read and write, and residents in the Philippines for one year and in the municipality where they vote for at least six months preceding the election (Article V, Section 1).
The National Assembly must extend suffrage to women if, in a plebiscite held within two years after adoption, not less than three hundred thousand women with the necessary qualifications vote affirmatively (Article V, Section 1).

Congress: composition, sessions, and lawmaking

Legislative power is vested in a Congress of the Philippines consisting of a Senate and a House of Representatives (Article VI, Section 1).
The Senate consists of twenty-four Senators chosen at large by qualified electors as provided by law (Article VI, Section 2).
Senators serve six years, beginning on December 30 next following election; the first Senators are divided equally into three groups serving 6 years, 4 years, and 2 years respectively (Article VI, Section 3).
A Senator must be a natural-born citizen, at least 35 years old, a qualified elector, and a resident of the Philippines for at least two years immediately prior to election (Article VI, Section 4).
The House of Representatives consists of not more than one hundred and twenty Members apportioned among provinces as nearly as practicable according to population, with each province having at least one Member (Article VI, Section 5).
Congress must make apportionment within three years after the return of every enumeration; until apportionment, the House retains the number fixed by law for the National Assembly and is elected from present Assembly districts (Article VI, Section 5).
House Members serve four years, beginning on December 30 next following election (Article VI, Section 6).
A Representative must be a natural-born citizen, at least 25 years old, a qualified elector, and a resident of the province for at least one year immediately prior to election (Article VI, Section 7).
Elections for Senators and Representatives are held as fixed by law; vacancies are filled by a special election, and the elected Member serves only the unexpired term (Article VI, Section 8).
Congress convenes in regular session once every year on the fourth Monday of January, unless a different date is fixed by law; it may be called in special session by the President for general legislation or designated subjects, and no special session exceeds thirty days and no regular session exceeds one hundred days exclusive of Sundays (Article VI, Section 9).
Each House elects its President and Speaker respectively; a majority constitutes a quorum, but a smaller number may adjourn from day to day and compel attendance under penalties each House provides (Article VI, Section 10(1)-(2)).
Each House may determine rules, punish disorderly behavior, and with concurrence of two-thirds of all its Members, expel a Member (Article VI, Section 10(3)).
Each House keeps a journal, publishes it unless secrecy is required, and the yeas and nays are entered on request of one-fifth of Members present (Article VI, Section 10(4)).
Neither House adjourns for more than three days or to any other place without the consent of the other (Article VI, Section 10(5)).
Each House has an Electoral Tribunal of nine Members as sole judge of contests relating to election, returns, and qualifications; each tribunal includes three Supreme Court Justices designated by the Chief Justice and six Members chosen by the respective House, with senior Justice as Chairman (Article VI, Section 11).
A Commission on Appointments of twelve Senators and twelve Members exists, elected by each House on proportional representation; the President of the Senate is ex-officio Chairman but does not vote except in case of tie (Article VI, Section 12).
Electoral Tribunals and the Commission on Appointments must be constituted within thirty days after both Houses are organized; the Commission meets only while Congress is in session and at the call of its Chairman or a majority (Article VI, Section 13).
Senators and Representatives receive annual compensation of seven thousand two hundred pesos each, including per diems and other emoluments/allowances, exclusive of traveling expenses; no increase takes effect until after the full term of Members approving the increase; the President of the Senate and the Speaker each receive sixteen thousand pesos annually until otherwise provided by law (Article VI, Section 14).
Members are privileged from arrest during attendance at sessions and going to and returning, except for treason, felony, and breach of the peace; speeches or debates cannot be questioned in any other place (Article VI, Section 15).
No Senator or Representative may hold any other office or employment in government without forfeiting seat; nor may be appointed to any civil office created or whose emoluments increased during his Congress term, except as otherwise provided by law (Article VI, Section 16).
Members may not have financial interest in government contracts or franchises/special privileges granted during their term; they also must not appear as counsel against the Government in civil cases where it is adverse, or in criminal cases where a government officer is accused for an offense related to office, or collect fees for administrative appearance, or intervene in matters due to office; no Commission on Appointments member may appear as counsel before an inferior court of appellate jurisdiction (Article VI, Section 17).
Appropriation, revenue or tariff bills, bills authorizing increase of public debt, bills of local application, and private bills originate exclusively in the House, but the Senate may propose or concur with amendments (Article VI, Section 18).
The President must submit a budget of receipts and expenditures within fifteen days of the opening of each regular session of Congress; Congress may not increase appropriations recommended for operation of Government (with exceptions for Congress and the Judicial Department); the budget form and information must be prescribed by law (Article VI, Section 19(1)).
The general appropriation bill may not embrace provisions unrelated to a particular appropriation within it; any included provision must relate specifically and is limited in operation to that appropriation (Article VI, Section 19(2)).
Every bill passed by Congress must be presented to the President before becoming law: if approved, signed; if not, returned with objections to originating House for reconsideration; if after reconsideration two-thirds of that House pass it, the bill proceeds to the other House for similar reconsideration and if approved by two-thirds, it becomes law; yeas and nays with names must be entered in the journal (Article VI, Section 20(1)).
If the President does not return a bill within twenty days (Sundays excepted) after presentation, it becomes law in like manner as if signed, unless Congress adjournment prevents return—in which case it becomes law unless vetoed within thirty days after adjournment (Article VI, Section 20(1)).
The President may veto any particular item(s) of an appropriation bill; veto does not affect items not objected to, and if a provision affects one or more items, the President cannot veto the provision without vetoing the related item(s); objected items do not take effect except as provided for bills returned without approval (Article VI, Section 20(2)).
If a presidential item veto refers to an appropriation bill appropriating a sum in excess of ten percentum of the total amount voted for general expenses for the preceding year, or refers to a bill authorizing increase of public debt, it does not become law unless approved by three-fourths of all Members of each House (Article VI, Section 20(2)).
The President may veto separate item(s) in a revenue or tariff bill, and the vetoed item(s) do not take effect except as in bills vetoed by the President (Article VI, Section 20(3)).
No bill may embrace more than one subject which must be expressed in its title (Article VI, Section 21(1)).
Bills must be printed and copies furnished to Members at least three calendar days prior to passage unless the President certifies necessity for immediate enactment; no amendments are allowed at the last reading; the question on passage is taken immediately and yeas and nays entered in the journal (Article VI, Section 21(2)).
The rule of taxation is uniform (Article VI, Section 22(1)).
Congress may authorize the President to fix within specified limits: tariff rates, import or export quotas, and tonnage and wharfage dues (Article VI, Section 22(2)).
Cemeteries, churches and parsonages or convents appurtenant thereto, and all lands/buildings/improvements used exclusively for religious, charitable, or educational purposes are exempt from taxation (Article VI, Section 22(3)).
Money collected on a tax levied for a special purpose must be treated as a special fund and paid out for that purpose only; if fulfilled or abandoned, the balance, if any, must be transferred to general funds (Article VI, Section 23(1)).
No money may be paid out of the Treasury except in pursuance of an appropriation made by law (Article VI, Section 23(2)).
Public money or property may not be appropriated, applied, or used directly or indirectly for sects, churches, denominations, sectarian institutions, or systems of religion, or for support of priests, preachers, ministers, or religious dignitaries as such, except when assigned to armed forces or penal institution, orphanage, or leprosarium (Article VI, Section 23(3)).
Department heads may appear before and be heard by either House on matters pertaining to their departments unless the public interest requires otherwise and the President so states in writing (Article VI, Section 24).
Congress with two-thirds concurrence of all Members of each House has the sole power to declare war (Article VI, Section 25).
In times of war or other national emergency, Congress may by law authorize the President for a limited period and subject to restrictions prescribed by Congress to promulgate rules and regulations to carry out declared national policy (Article VI, Section 26).

Executive branch powers and limits

Executive power is vested in a President of the Philippines (Article VII, Section 1).
The President holds office for four years; the President and Vice-President are elected by direct vote of the people (Article VII, Section 2).
Certified election returns are transmitted to the National Government and directed to the President of the Senate; in joint session, certificates are opened and votes counted; the candidates with the highest number of votes are declared elected, and if there is a tie for either office, Congress in joint session chooses by majority vote (Article VII, Section 2).
A person may not be elected President or Vice-President unless natural-born citizen; qualified voter; forty years of age or over; and resident of the Philippines for at least ten years immediately preceding election (Article VII, Section 3).
Elections for President and Vice-President occur once every four years on a date fixed by law; terms end at noon on December 30 after the expiration of four years, and successors’ terms begin at that time (Article VII, Section 4).
The President may not serve more than eight consecutive years; counting begins from the date he commenced to act as President; voluntary renunciation is not an interruption in continuity for the full term (Article VII, Section 5).
If the President-elect dies at the time fixed for beginning of the term, the Vice-President-elect becomes President (Article VII, Section 6).
If a President is not chosen before the term beginning or if the President-elect fails to qualify, the Vice-President acts as President until a President qualifies; Congress may by law provide for cases when neither qualifies and for selection and the acting officer until qualification (Article VII, Section 6).
The President must take an oath to faithfully execute duties, preserve and defend the Constitution, execute laws, do justice, and consecrate to service of the Nation (with affirmation omitting the final sentence) (Article VII, Section 7).
Removal, death, resignation, or inability of the President devolves powers and duties on the Vice-President; Congress must provide by law for removal/death/resignation/inability cases involving both President and Vice-President and for who acts until disability is removed or a President is elected (Article VII, Section 8).
The President has an official residence and compensation set by law, neither increased nor diminished during the term; the President may not receive other government emolument during the period; until Congress provides otherwise, the President receives thirty thousand pesos annually, and the Vice-President receives fifteen thousand pesos annually when not acting as President (Article VII, Section 9).
The President controls all executive departments, bureaus, and offices, supervises local governments as provided by law, and sees to faithful execution of laws (Article VII, Section 10(1)).
The President is commander-in-chief of all armed forces and may call them out to prevent or suppress lawless violence, invasion, insurrection, or rebellion; in invasion/insurrection/rebellion or imminent danger when public safety requires, the President may suspend habeas corpus or place the Philippines or part under martial law (Article VII, Section 10(2)).
The President nominates and appoints with Commission on Appointments consent the heads of executive departments and bureaus, Army officers from the rank of colonel, Navy and Air Force officers from the rank of captain or commander, and other officers whose appointments are not otherwise provided; Congress may vest appointment of inferior officers in the President alone, in courts, or in heads of departments (Article VII, Section 10(3)).
The President may make appointments during Congress recess effective only until disapproval by the Commission on Appointments or until the next adjournment of Congress (Article VII, Section 10(4)).
The President must give Congress information on the state of the Nation and recommend measures he judges necessary and expedient (Article VII, Section 10(5)).
The President may grant reprieves, commutations, and pardons, and remit fines and forfeitures after conviction for all offenses except impeachment cases, with conditions and restrictions he deems proper; the President may grant amnesty with concurrence of Congress (Article VII, Section 10(6)).
The President may make treaties with concurrence of two-thirds of all Members of the Senate, and appoint ambassadors and other public ministers and consuls with consent of the Commission on Appointments; he receives ambassadors and accredited ministers (Article VII, Section 10(7)).
Executive departments of the present Government continue as authorized by law until Congress provides otherwise (Article VII, Section 11(1)).
Department heads and chiefs of bureaus/offices and their assistants may not engage in profession or intervene in private enterprises affected by their office, and may not be financially interested in government contracts during continuance in office (Article VII, Section 11(2)).
The President may appoint the Vice-President as a member of his cabinet and as head of an executive department (Article VII, Section 11(3)).

Judiciary: structure and Supreme Court rules

Judicial power is vested in one Supreme Court and in such inferior courts as established by law (Article VIII, Section 1).
Congress may define and apportion jurisdiction of courts but may not deprive the Supreme Court of original jurisdiction over cases affecting ambassadors, other public ministers, and consuls, nor of its appellate jurisdiction to review final judgments and decrees of inferior courts on appeal, certiorari, or writ of error as rules of court provide (Article VIII, Section 2).
Supreme Court appellate review is required for: constitutionality/validity of treaty, law, ordinance, or executive order/regulation (Article VIII, Section 2(1)); legality of tax impost assessment or toll or penalties related (Article VIII, Section 2(2)); issues on trial court jurisdiction (Article VIII, Section 2(3)); all criminal cases with death or life imprisonment (Article VIII, Section 2(4)); and errors/questions of law (Article VIII, Section 2(5)).
Until Congress provides otherwise, the Supreme Court retains original and appellate jurisdiction it had at adoption; original jurisdiction includes cases affecting ambassadors, other public ministers, and consuls (Article VIII, Section 3).
The Supreme Court is composed of a Chief Justice and ten Associate Justices, sitting either in banc or in two divisions until Congress provides otherwise (Article VIII, Section 4).
Supreme Court and inferior court judges are appointed by the President with consent of the Commission on Appointments (Article VIII, Section 5).
Supreme Court appointment requires being a citizen for five years, at least 40 years of age, and having been a judge of a court of record or engaged in law practice in the Philippines for ten years or more (Article VIII, Section 6).
Judges appointed for a particular district cannot be designated or transferred to another district without Supreme Court approval; Congress fixes residence for judges of inferior courts by law (Article VIII, Section 7).
Congress prescribes qualifications for inferior judges, but a person must be a citizen and admitted to the practice of law in the Philippines (Article VIII, Section 8).
Justices and judges hold office during good behavior until age seventy years or incapacitated; compensation fixed by law cannot be diminished; until Congress provides otherwise, Chief Justice receives sixteen thousand pesos annually and each Associate Justice fifteen thousand pesos (Article VIII, Section 9).
Supreme Court cases involving constitutionality of a treaty or law must be heard and decided in banc; no treaty or law may be declared unconstitutional without concurrence of two-thirds of all Court members (Article VIII, Section 10).
Court conclusions must be reached by consultation before assignment of opinion writing; dissenting justices must state reasons for dissent (Article VIII, Section 11).
No decision may be rendered by any court of record without clearly and distinctly expressing facts and law on which it is based (Article VIII, Section 12).
The Supreme Court promulgates rules on pleading, practice, procedure in all courts, and admission to law practice; rules must be uniform for courts of the same grade and must not diminish, increase, or modify substantive rights.
Existing laws on pleading, practice, and procedure are repealed as statutes and declared Rules of Courts, subject to Supreme Court alteration and modification; Congress may repeal, alter, or supplement rules on pleading, practice, procedure, and admission to law practice in the Philippines (Article VIII, Section 13).

Impeachment and electoral institutions

The President, Vice-President, Supreme Court Justices, and the Auditor General may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, or other high crimes (Article IX, Section 1).
The House of Representatives has sole power to impeach by a vote of two-thirds of all its Members (Article IX, Section 2).
The Senate has sole power to try impeachments; Senators must be under oath or affirmation; when the President is on trial, the Chief Justice presides; conviction requires concurrence of three-fourths of all Members (Article IX, Section 3).
Impeachment judgment extends only to removal from office and disqualification from holding any office of honor, trust, or profit under the Government; the convicted party remains liable to prosecution, trial, and punishment under law (Article IX, Section 4).

Commission on Elections authority

The Constitution establishes an independent Commission on Elections consisting of a Chairman and two Members appointed by the President with Commission on Appointments consent for nine-year terms, with no reappointment (Article X, Section 1).
Of the first appointed Members, one serves nine years, another six years, and the third three years; Chairman and Members may be removed only by impeachment (Article X, Section 1).
Until Congress provides otherwise, the Chairman receives annual salary of twelve thousand pesos and the other Members ten thousand pesos each, with salaries neither increased nor diminished during term (Article X, Section 1).
The Commission has exclusive charge of enforcement and administration of laws relative to conduct of elections, and exercises other functions conferred by law (Article X, Section 2).
The Commission decides all administrative questions affecting elections except those involving the right to vote, including determination of polling places’ number/location and appointment of election inspectors and other election officials (Article X, Section 2).
All law enforcement agencies and instrumentalities act as the Commission’s deputies when required to ensure free, orderly, and honest elections (Article X, Section 2).
Commission decisions, orders, and rulings are subject to review by the Supreme Court (**Article X,