Title
Supreme Court
1973 Philippine Constitution with Amendments
Law
1973 Constitution
Decision Date
Jan 17, 1973
A comprehensive Philippine Jurisprudence case that covers various aspects of the country's constitution, including national territory, family and youth, social justice, labor rights, citizen's rights and duties, suffrage rights, presidential succession, powers and procedures of the President and Batasang Pambansa, composition and functions of the Batasang Pambansa, tax exemption for charitable and religious institutions, and the process of lawmaking and government structure.

Law Summary

Article I: National Territory

  • Defines the Philippine archipelago, islands, waters, airspace, subsoil, seabed, and insular shelves as national territory.
  • Includes internal waters among islands regardless of breadth and dimensions.

Article II: Declaration of Principles and State Policies

  • Sovereignty resides with the people; the Philippines is a republican state.
  • Defense of the State is a prime duty of government and citizens, including personal military or civil service.
  • Renounces war as national policy; adopts international law principles.
  • Strengthens family as a basic social institution; supports parental duties.
  • Promotes youth development in physical, intellectual, and social aspects.
  • Ensures social justice and equitable property ownership.
  • Guarantees adequate social services: education, health, housing, employment, social security.
  • Civilian authority supremacy over military.
  • Affords labor protection, equal employment opportunities, rights to organize, collective bargaining; may provide compulsory arbitration.
  • Guarantees autonomy of local government units to develop self-reliant communities.

Article III: Citizenship

  • Enumerates citizenship: by birth, parentage, election, or naturalization.
  • Female citizens marrying aliens retain citizenship unless renounced by law.
  • Citizenship loss or reacquisition as provided by law.
  • Defines natural-born citizen as one with citizenship from birth without further act.

Article IV: Bill of Rights

  • Protects life, liberty, property without due process.
  • Expropriation only with just compensation.
  • Prohibits unreasonable searches, seizures; requires probable cause and judicial warrant.
  • Protects privacy of communication and correspondence; excludes unlawfully obtained evidence.
  • Guarantees liberty of abode and travel with lawful restrictions.
  • Recognizes right to information on public matters.
  • Guarantees freedoms of association, religion, speech, press, assembly, and petition.
  • Prohibits royalty titles, impairs no contract obligation, bars ex post facto laws and bills of attainder.
  • Abolishes imprisonment for debt and involuntary servitude except lawful punishment.
  • Preserves writ of habeas corpus except in specific emergencies.
  • Affirms speedy disposition of cases, presumption of innocence, bailability, and right to counsel.
  • Prohibits self-incrimination and any confession obtained by force.
  • Forbids excessive fines and cruel or unusual punishment.
  • Bars double jeopardy.
  • Ensures access to courts regardless of poverty.

Article V: Duties and Obligations of Citizens

  • Loyalty, defense of the State, respect for the flag and Constitution.
  • Responsible exercise of individual rights.
  • Duty to engage in gainful work supporting self and family.
  • Obligation to register and vote if qualified.

Article VI: Suffrage

  • Right to vote for citizens 18 or older, residents for specified periods.
  • No literacy, property, or other substantive restrictions.
  • Secure voting system to maintain vote secrecy.

Article VII: The President

  • President: head of state and chief executive.
  • Qualifications: natural-born citizen, registered voter, literate, minimum age 50, resident for 10 years.
  • Six-year term; direct popular election; procedures for election returns and tie votes.
  • Succession rules and interim powers of Executive Committee and Speaker.
  • Official oath for the President.
  • Salary fixed by law; prohibited from holding other offices or receiving other emoluments.
  • Control over ministries and armed forces; power to call military to suppress insurrection.
  • Appointment powers; with law provisions for delegation.
  • Power to grant clemency except impeachment cases.
  • Power to contract loans subject to legal limitations.
  • Policy formulation and legislative address duties.
  • Presidential immunity during and after tenure.

Article VIII: Batasang Pambansa (Legislature)

  • Legislative power vested in a Batasang Pambansa with up to 200 members.
  • Composed of regional, sectoral, and Cabinet representatives.
  • Member qualifications: natural-born, age, residency, literacy.
  • Terms of six years; election procedures including special elections.
  • Annual sessions; quorum and procedural rules.
  • Salaries fixed by law; transparency through public records and audits.
  • Legislative privileges, immunity from arrest during sessions; free speech in proceedings.
  • Restrictions on holding other government offices or financial interests.
  • Powers include question hours, legislative inquiries, no-confidence motions.
  • Power to approve treaties and declare war (two-thirds vote for war).
  • Emergency powers for the President upon legislative authorization.
  • Budgetary processes, appropriations rules, and taxation policy.
  • Bill enactment procedures and presidential veto powers.

Article IX: Prime Minister, Cabinet, and Executive Committee

  • Cabinet composed of Ministers appointed by the President.
  • Prime Minister elected by Batasang Pambansa from its Members.
  • Cabinet responsible to the legislature.
  • Executive Committee assists the President; composition requirements.
  • Terms and removal conditions.
  • Deputies for Prime Minister and Ministers appointed.
  • Official oath; fixed salaries without alteration during term.
  • Restrictions on professional practice and business management.
  • Resignation does not affect legislative seats.
  • Prime Minister supervises ministries.

Article X: Judiciary

  • Judicial power vested in Supreme Court and inferior courts as established by law.
  • Supreme Court composition, quorum, and voting requirements.
  • Qualifications for justices and judges require natural-born citizenship and bar membership.
  • Presidential appointments of judiciary members.
  • Supreme Court powers: original jurisdiction in specific cases, appellate review, administrative supervision.
  • Promulgation of rules and procedures.
  • Tenure until age 70; disciplinary powers.
  • Decision-making processes and publication requirements.
  • Salary protections.
  • Timelines for case resolution.
  • Annual Judiciary reports.

Article XI: Local Government

  • Defines territorial subdivisions: provinces, cities, municipalities, barrios.
  • Local Government Code to be enacted defining structure, powers, and officials.
  • Rules on creation, division, merger, abolition, or boundary changes subject to plebiscite.
  • Supervision among component units; independence for highly urbanized cities.
  • Local units may consolidate resources.
  • Power to create revenue sources and levy taxes subject to law.

Article XII: Constitutional Commissions

  • Includes Civil Service Commission, Commission on Elections, and Commission on Audit.
  • Salaries fixed, no practice of profession or business during tenure.
  • Appointment of officials under Civil Service law.
  • Civil Service Commission manages merit-based appointments, morale, and discipline.
  • Prohibits suspension or dismissal except for legal causes; restrictions on elective officials assuming office.
  • Election Commission enforces election laws, adjudicates contests; supervises election period.
  • Commission on Audit audits government accounts, settles cases, and reports to branches of government.

Article XIII: Accountability of Public Officers

  • Public office as a public trust requiring integrity and accountability.
  • Removal by impeachment for high crimes and corruption.
  • Impeachment initiated and tried exclusively by Batasang Pambansa.
  • Impeachment penalties limited to removal and disqualification.
  • Creation of Sandiganbayan for graft cases and Ombudsman for investigation and prosecution of public office complaints.

Article XIV: National Economy and Patrimony

  • National Economic and Development Authority to recommend integrated plans.
  • Prohibition of monopolies and unfair trade combinations.
  • Reserved investment areas for Filipino citizens or majority Filipino-owned entities.
  • Private corporations regulated except government-owned corporations.
  • Public utilities franchise restricted to Filipino ownership (60%), limited duration (50 years), and subject to amendment.
  • State may establish or nationalize industries and public utilities.
  • Temporary government takeover of public utilities under emergencies.
  • Natural resources owned by the State; limits on grant duration and alienation.
  • Exploitation of resources limited to majority Filipino ownership; service contracts with foreigners allowed under conditions.
  • Classification and limitation of land holdings by individuals and corporations.
  • Agrarian reform to emancipate tenants.
  • Expropriation for subdivision to deserving citizens.
  • Restrictions on transfer of private lands.
  • Rights of former citizens to acquire private lands under certain conditions.
  • Presidential authority to enter international treaties as national welfare requires.

Article XV: General Provisions

  • National flag and symbols established and protected.
  • Promotion and development of a national language, Filipino, alongside official languages.
  • Oath of office required for public officers and armed forces.
  • Prohibitions on double compensation and acceptance of foreign gifts.
  • Taxation applied equally to all public officials.
  • Ownership and management of mass media reserved for Filipinos.
  • State supervision and regulation of education with academic freedom guaranteed.
  • Education to include constitutional studies and values formation.
  • Promotion of science, culture, and intellectual property rights.
  • Responsibility for population control and respect for cultural communities.
  • Establishment of national police and citizen army.
  • Central monetary authority under legislative direction.
  • Strict separation of church and state.
  • Sovereign immunity of the State.

Article XVI: Amendments

  • Amendments may be proposed by Batasang Pambansa (three-fourths vote) or constitutional convention.
  • Ratification by majority vote in a plebiscite within three months.

Article XVII: Transitory Provisions

  • Interim National Assembly established until regular assembly elected.
  • Composition includes incumbent officials, Convention members, and elected legislators.
  • Transitional arrangements for executive powers and validity of prior acts.
  • Continuation of powers, courts, laws, and officials during t

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