1973 Philippine Constitution with Amendments

Preamble policy and constitutional aims

The sovereign Filipino people ordain and promulgate the Constitution to establish a Government embodying national ideals.
The Government is directed to promote the general welfare, conserve and develop the patrimony of the Nation, and secure democratic blessings under a regime of justice, peace, liberty, and equality.

National territory and internal waters

The national territory comprises the Philippine archipelago, including all islands and waters embraced therein.
It includes territories belonging to the Philippines by historic right or legal title, including the territorial sea, air space, subsoil, sea-bed, insular shelves, and other submarine areas over which the Philippines has sovereignty or jurisdiction.
The waters around, between, and connecting the islands of the archipelago, regardless of breadth and dimensions, form part of the internal waters of the Philippines.

Declaration of principles and state policies

The State is republican; sovereignty resides in the people, and all governmental authority emanates from them (Article II, Section 1).
The defense of the State is a prime duty of both the Government and the people; 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 land (Article II, Section 3).
The State commits to policies of peace, equality, justice, freedom, cooperation, and amity with all nations (Article II, Section 3).
The State strengthens the family as a basic social institution, including support for parents’ right and duty in youth rearing for civic efficiency and moral character (Article II, Section 4).
The State recognizes the vital role of the youth and must promote their physical, intellectual, and social well-being (Article II, Section 5).
The State promotes social justice to ensure the dignity, welfare, and security of all people by regulating acquisition, ownership, use, enjoyment, and disposition of private property and equitably diffusing property ownership and profits (Article II, Section 6).
The State must establish, maintain, and ensure adequate social services in education, health, housing, employment, welfare, and social security to guarantee a decent standard of living (Article II, Section 7).
Civilian authority is at all times supreme over the military (Article II, Section 8).
The State must afford protection to labor, promote full employment, ensure equality in employment, regulate relations between workers and employers, and assure workers’ rights to self-organization, collective bargaining, security of tenure, and just and humane conditions of work (Article II, Section 9).
The State may provide for compulsory arbitration (Article II, Section 9).
The State guarantees and promotes autonomy of local government units, especially barangays, to ensure their fullest development as self-reliant communities (Article II, Section 10).

Citizenship rules and status

The Constitution declares citizens to include:
- Those who were citizens at the time of adoption;
- Those whose fathers or mothers are citizens;
- Those who elect Philippine citizenship under the 1935 Constitution provisions;
- Those naturalized in accordance with law (Article III, Section 1).
A female citizen who marries an alien retains Philippine citizenship unless she is deemed under the law to have renounced it by act or omission (Article III, Section 2).
Philippine citizenship may be lost or reacquired only in the manner provided by law (Article III, Section 3).
A natural-born citizen is a citizen from birth without needing to perform any act to acquire or perfect citizenship (Article III, Section 4).

Bill of Rights: core guarantees

No person shall be deprived of life, liberty, or property without due process of law, nor denied the equal protection of the laws (Article IV, Section 1).
Private property shall not be taken for public use without just compensation (Article IV, Section 2).
Searches and seizures are protected: no unreasonable searches and seizures shall be violated, and no search warrant or warrant of arrest shall issue except upon probable cause determined by the judge or another authorized responsible officer after examination under oath or affirmation, with warrants particularly describing the place to be searched and persons or things to be seized (Article IV, Section 3).
Privacy of communication and correspondence is inviolable except upon lawful court order or when public safety and order require otherwise.
Evidence obtained in violation of communication privacy and the preceding search/seizure protections is inadmissible for any purpose in any proceeding (Article IV, Section 4).
Liberty of abode and travel cannot be impaired except by lawful court order or when necessary for national security, public safety, or public health (Article IV, Section 5).
The right to information on matters of public concern is recognized, and access to official records and documents pertaining to official acts, transactions, or decisions is afforded subject to limitations provided by law (Article IV, Section 6).
The right to form associations or societies for purposes not contrary to law is guaranteed (Article IV, Section 7).
Religious freedom is guaranteed: no law may be made respecting an establishment of religion or prohibiting the free exercise thereof; religious profession and worship are allowed without discrimination or preference; no religious test shall be required for civil or political rights (Article IV, Section 8).
Speech, press, assembly, and petition rights are protected; no law may abridge freedom of speech or the press or the right to assemble and petition for redress of grievances (Article IV, Section 9).
No law granting titles of royalty or nobility is allowed (Article IV, Section 10).
Laws impairing the obligation of contracts are prohibited (Article IV, Section 11).
Ex post facto laws and bills of attainder are prohibited (Article IV, Section 12).
No person shall be imprisoned for debt or non-payment of a poll tax (Article IV, Section 13).
No involuntary servitude exists except as punishment for a crime where the party has been duly convicted (Article IV, Section 14).
The privilege of the writ of habeas corpus cannot be suspended except in cases of invasion, insurrection, rebellion, or imminent danger thereof, when public safety requires (Article IV, Section 15).
Every person has the right to a speedy disposition of cases before all judicial, quasi-judicial, or administrative bodies (Article IV, Section 16).
Criminal due process: no person shall be held to answer for a criminal offense except under due process of law (Article IV, Section 17).
Bail is guaranteed except certain capital offense situations: persons except those charged with capital offenses when evidence of guilt is strong shall be bailable by sufficient sureties; excessive bail is not allowed (Article IV, Section 18).
Presumption of innocence and fair trial rights apply, including right to be heard with counsel, to be informed of the nature and cause of accusation, to a speedy, impartial, and public trial, to confront witnesses, and to compulsory process for witnesses and evidence in one’s behalf; after arraignment, trial may proceed notwithstanding absence if duly notified and failure to appear is unjustified (Article IV, Section 19).
Self-incrimination is prohibited: no person is compelled to be a witness against himself; any person under investigation for an offense has the right to remain silent and to counsel and to be informed of such right; confessions are inadmissible if obtained in violation (Article IV, Section 20).
Excessive fines and cruel or unusual punishment are prohibited (Article IV, Section 21).
Double jeopardy is prohibited; conviction or acquittal for the same act bars further prosecution, including when punished by both a law and an ordinance (Article IV, Section 22).
Free access to courts is guaranteed to no person denied due to poverty (Article IV, Section 23).

Duties and obligations of citizens

Citizens must be loyal to the Republic and honor the Philippine flag, defend the State and contribute to its development and welfare, uphold the Constitution and obey laws, and cooperate with duly constituted authorities for a just and orderly society (Article V, Section 1).
The rights of individuals impose correlative duties to exercise rights responsibly and with due regard for others’ rights (Article V, Section 2).
Every citizen must engage in gainful work to assure a life worthy of human dignity for himself and his family (Article V, Section 3).
Every citizen qualified to vote must register and cast his vote (Article V, Section 4).

Suffrage requirements and secrecy

Suffrage is exercised by Philippine citizens not otherwise disqualified by law, who are eighteen years of age or over, have resided in the Philippines for at least one year, and in the place they propose to vote for at least six months preceding the election (Article VI, Section 1).
No literacy, property, or other substantive requirement may be imposed for suffrage (Article VI, Section 1).
The Batasang Pambansa must provide a system to secure the secrecy and sanctity of the vote (Article VI, Section 1).

Presidency: qualifications, powers, continuity

The President is the head of state and chief executive (Article VII, Section 1).
A person may be elected President only if he is a natural-born citizen, a registered voter, able to read and write, at least fifty years of age on election day, and a resident of the Philippines for at least ten years immediately preceding election (Article VII, Section 2).
The President is elected by direct vote for a six-year term starting at noon on the thirtieth day of June following election and ending at noon of the same date six years thereafter (Article VII, Section 3).
Election returns certified by boards of canvassers are transmitted to the Speaker; the Speaker opens certificates and counts votes within thirty days after election day (Article VII, Section 3).
The candidate with the highest number of votes is proclaimed elected; if tied for the highest, the President is chosen forthwith by a majority vote of all Members of the Batasang Pambansa in session (Article VII, Section 3).
If the President-elect dies, fails to qualify, or if no President is chosen at term start, the Executive Committee headed by the Prime Minister exercises presidential powers and duties until a President is elected and qualified (Article VII, Section 4).
If the Batasang Pambansa withdraws confidence in the Prime Minister, the Speaker presides over the Executive Committee (Article VII, Section 4).
If there is no Executive Committee, the Speaker acts as President until a President is elected and qualified (Article VII, Section 4).
Special elections are called by the Batasang Pambansa in cases of death or failure to qualify, in the manner prescribed in Section 7 (Article VII, Section 4).
Upon assuming office, the President takes an oath or affirmation to faithfully fulfill duties, preserve and defend the Constitution, execute laws, do justice to every man, and consecrate himself to national service; in an affirmation, the last sentence is omitted (Article VII, Section 5).
The President receives compensation fixed by law; it cannot be increased or decreased during the term; he cannot receive any other emolument from government or other sources (Article VII, Section 6(1)).
Until the Batasang Pambansa provides otherwise, the President’s annual salary is one hundred thousand pesos (Article VII, Section 6(1)).
During tenure, the President may not hold any other office, practice any profession, participate directly or indirectly in business management, or be financially interested in government contracts or in any franchise or special privilege granted by government or any subdivision/agency/instrumentality, including government-owned or controlled corporations (Article VII, Section 6(2)).
In permanent disability, death, removal from office, or resignation of the President, the Executive Committee headed by the Prime Minister exercises presidential powers until a President is elected and qualified (Article VII, Section 7).
If the vacancy occurs earlier than eighteen (18) months before term expiration, the Batasang Pambansa must call a special election within thirty days from vacancy, held not earlier than forty-five days nor later than sixty days from the call, to elect a President to serve the unexpired term (Article VII, Section 7).
If there is no Executive Committee, the Speaker acts as President until a President is elected and qualified (Article VII, Section 7).
The President controls the ministries (Article VII, Section 8).
As commander-in-chief, the President may call out armed forces to prevent or suppress lawless violence, invasion, insurrection, or rebellion (Article VII, Section 9).
In invasion, insurrection, or rebellion (or imminent danger) when public safety requires, the President may suspend the writ of habeas corpus or place the Philippines or part under martial law (Article VII, Section 9).
The President appoints heads of bureaus and offices, armed forces officers from brigadier general or commodore rank, and other government officers whose appointments are not otherwise provided; the Batasang Pambansa may by law vest appointment of inferior officers in specified bodies or officials (Article VII, Section 10).
The President may grant reprieves, commutations, and pardons (except in impeachment cases), remit fines and forfeitures, and grant amnesty with concurrence of the Batasang Pambansa (Article VII, Section 11).
The President may contract and guarantee foreign and domestic loans for the Republic subject to limitations provided by law (Article VII, Section 12).
The President formulates guidelines of national policy (Article VII, Section 13).
The President addresses the Batasang Pambansa at the opening of its regular session and may appear at other times (Article VII, Section 14).
The President is immune from suit during tenure; after tenure, no suit lies for official acts done by him or others pursuant to his specific orders during tenure (Article VII, Section 15).
This immunity applies to the incumbent President referred to in Article XVII (Article VII, Section 15).
Undelegated presidential powers from the 1935 Constitution and laws that are not provided for or conferred on any official in this Constitution are vested in the President unless the Batasang Pambansa provides otherwise (Article VII, Section 16).

Batasang Pambansa legislative structure

Legislative power is vested in a Batasang Pambansa (Article VIII, Section 1).
The Batasang Pambansa has not more than 200 Members, unless otherwise provided by law, including regional representatives, sectoral representatives elected/selected as provided by law, and Cabinet-chosen Members by the President (Article VIII, Section 2).
Regional representatives are apportioned among regions based on population under a uniform and progressive ratio; the number and manner are prescribed by law (Article VIII, Section 2).
The number and manner of sectoral representatives are prescribed by law (Article VIII, Section 2).
Members have a six-year term beginning at noon on the thirtieth day of June following election unless otherwise provided by law (Article VIII, Section 3(1)).
If dissolved, newly elected Members serve the unexpired term from the time the President convokes the Assembly, not later than thirty days after election (Article VIII, Section 3(2)).
A regional representative must be a natural-born citizen, at least twenty-five years of age, able to read and write, a registered voter in the Region, and a resident of the Region for at least one year before election (Article VIII, Section 4).
A sectoral representative must be a natural-born citizen able to read and write and meet other qualifications provided by law (Article VIII, Section 4).
Regular elections occur on the second Monday of May 1984 and every six years thereafter (Article VIII, Section 5(1)).
For vacancies arising eighteen months or more before a regular election, the Commission on Elections calls a special election within sixty days after vacancy to elect for the unexpired term (Article VIII, Section 5(2)).
The Batasang Pambansa convenes once every year on the fourth Monday of July for regular session unless a different date is fixed by law and continues for such number of days as it determines (Article VIII, Section 6).
It may be called to session at any time by the President to consider subjects or legislation designated by him (Article VIII, Section 6).
The Speaker is elected by a majority vote of all Members from among Members; the Batasang Pambansa chooses necessary officers (Article VIII, Section 7(1)).
A majority of all Members constitutes a quorum; a smaller number may adjourn day to day and compel attendance of absent Members under penalties provided by the Batasang Pambansa (Article VIII, Section 7(2)).
The Batasang Pambansa determines its rules, punishes Members for disorderly behavior, and with two-thirds concurrence, suspends or expels; suspension cannot exceed sixty days (Article VIII, Section 7(3)).
It keeps a journal of proceedings and publishes from time to time, except parts that in its judgment affect national security; requested yeas and nays by one-fifth of Members present must be entered in the Journal (Article VIII, Section 7(4)).
Unless otherwise provided by law, Members receive annual salary of sixty thousand pesos, and the Speaker receives seventy-five thousand pesos; no salary increase takes effect until after expiration of the term of Members approving the increase (Article VIII, Section 8(1)).
Batasang Pambansa records and books of accounts are open to the public as provided by law; the Commission on Audit audits and annually publishes itemized expenditures for each Member (Article VIII, Section 8(2)).
Members are privileged from arrest in offenses punishable by not more than six years imprisonment during attendance and travel to and from sessions; the privilege ceases if not surrendered within twenty-four hours after adjournment for recess or next session (Article VIII, Section 9).
Members may not be questioned or held liable elsewhere for speech or debate in the Batasan or its committees (Article VIII, Section 9).
Members may not hold other government office or employment (except Prime Minister, Deputy Prime Minister, Member of Cabinet or Executive Committee, or Deputy Minister), and during their term may not be appointed to a civil office created or whose emoluments increased while they were Members (Article VIII, Section 10).
Members are barred from appearing as counsel before courts without appellate jurisdiction, before courts in civil cases where government is adverse, in criminal cases where government officers are accused of offenses committed in relation to office, or before administrative bodies; Members also cannot be financially interested in government contracts or franchises/special privileges during term, and cannot accept employment to intervene where they may be called to act due to office (Article VIII, Section 11).
A question hour must occur at least once a month (or as provided by the rules); written questions must be submitted to the Speaker at least three days before; interpellations are not limited to written questions; the agenda specifies subjects; when state security requires and the President states in writing, question hour is conducted in executive session (Article VIII, Section 12(1)).
The Batasang Pambansa and its committees may conduct inquiries in aid of legislation under duly published rules, and the rights of persons appearing in or affected must be respected (Article VIII, Section 12(2)).
The Batasang Pambansa may withdraw confidence from the Prime Minister by majority vote of all Members; motions signed by at least one-fifth of Members are calendared for debate, but no motion is debated and voted upon until seven days after submission (Article VIII, Section 13(1)).
Within ten days from receipt of written advice on approval of no-confidence motion, the President submits a nominee for Prime Minister to be elected by the Batasang Pambansa (Article VIII, Section 13(1)).
The Prime Minister may advise the President in writing to dissolve the Batasang Pambansa for a popular vote of confidence on fundamental issues (not personal integrity); the President may dissolve not earlier than seven nor later than fourteen days from receipt, and call an election on a date set by him not earlier than forty-five nor later than sixty days from dissolution (Article VIII, Section 13(2)).
No dissolution occurs within eighteen months immediately preceding a regular election or within eighteen months immediately following it, or during pendency of impeachment proceedings against the President, or when presidential powers are exercised by the Executive Committee or Speaker; the Batasang Pambansa shall not be dissolved more than once every twelve (12) months (Article VIII, Section 13(2)).
Treaties are valid and effective only if concurred in by a majority of all Members (Article VIII, Section 14(1)).
The Batasang Pambansa has sole power to declare existence of a state of war by a two-thirds vote of all Members (Article VIII, Section 14(2)).
In times of war or other national emergency, the Batasang Pambansa may by law authorize the President for a limited period, subject to restrictions it prescribes, to exercise necessary and proper powers to implement a declared national policy; unless sooner withdrawn by resolution, such powers cease upon next adjournment (Article VIII, Section 15).
The Prime Minister must submit within thirty days from opening of each regular session a budget of receipts and expenditures as the basis of the general appropriations bill; the form, content, and manner are prescribed by law (Article VIII, Section 16(1)).
The general appropriations bill may not embrace provisions unrelated to some particular appropriation; any such provision must be limited to the related appropriation (Article VIII, Section 16(2)).
Appropriation approval procedures for the Batasang Pambansa strictly follow procedures for other departments and agencies (Article VIII, Section 16(3)).
Special appropriations bills must specify the intended purpose and be supported by funds actually available certified by the National Treasurer or raised by a corresponding revenue proposal included in the bill (Article VIII, Section 16(4)).
No law authorizes transfer of appropriations; however, the President, Prime Minister, Speaker, Chief Justice, and heads of Constitutional Commissions may by law be authorized to augment items from savings in other items for their respective offices (Article VIII, Section 16(5)).
If the Batasang Pambansa fails to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year is deemed re-enacted and remains in force until the new bill is passed (Article VIII, Section 16(6)).
The rule of taxation is uniform and equitable, and the Batasang Pambansa must evolve a progressive system of taxation (Article VIII, Section 17(1)).
The Batasang Pambansa may authorize the President to fix tariff rates, import/export quotas, tonnage and wharfage dues, and other duties/imposts within specified limits, subject to limitations and restrictions imposed by law (Article VIII, Section 17(2)).
Charitable institutions, churches, parsonages or convents appurtenant thereto, mosques, and non-profit cemeteries, and lands/buildings/improvements actually, directly, and exclusively used for religious or charitable purposes are exempt from taxation (Article VIII, Section 17(3)).
No tax exemption law may be passed without concurrence of a majority of all Members (Article VIII, Section 17(4)).
No money shall be paid out of the Treasury except in pursuance of an appropriation made by law (Article VIII, Section 18(1)).
Public money or property cannot be appropriated or used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or religious system, or for support of a priest/preacher/minister/dignitary as such—except when the religious dignitary is assigned to the armed forces, a penal institution, a government orphanage, or a leprosarium (Article VIII, Section 18(2)).
Every bill embraces only one subject expressed in its title (Article VIII, Section 19(1)).
No bill becomes law unless it passes three readings on separate days and printed copies in final form are distributed to Members three days before passage, except when the Prime Minister certifies necessity for immediate enactment to meet a public calamity or emergency (Article VIII, Section 19(2)).
After last reading, no amendment is allowed; the vote is taken immediately thereafter, and yeas/nays must be entered in the Journal (Article VIII, Section 19(2)).
Bills passed must be presented to the President; if approved, the President signs; otherwise, the President vetoes and returns with objections, and the Batasang Pambansa may reconsider and override by approval of two-thirds of all Members (Article VIII, Section 20(1)).
The President must act on every bill within thirty days after receipt; otherwise the bill becomes law as if signed (Article VIII, Section 20(1)).
The President may veto particular items in an appropriation, revenue, or tariff bill; the veto does not affect items not objected to (Article VIII, Section 20(2)).

Prime Minister, Cabinet, and Executive Committee

There shall be a Cabinet composed of Ministers with or without portfolio appointed by the President; at least a majority of Cabinet members who are heads of ministries must come from the Regional Representatives of the Batasang Pambansa (Article IX, Section 1).
The Prime Minister is head of the Cabinet and is elected by a majority of all Members upon the President’s nomination from among Batasang Pambansa Members (Article IX, Section 1).
The Prime Minister and the Cabinet are responsible to the Batasang Pambansa for the program of government approved by the President (Article IX, Section 2).
There is an Executive Committee designated by the President composed of the Prime Minister as Chairman and not more than fourteen other members, at least half of whom are Batasang Pamb