constitution of the philippines

Sovereignty resides in the people and all government authority emanates from them. SECTION 20. The prime duty of the Government is to serve and protect the people. The Malolos Constitution was the first republican constitution in Asia. (2) They shall inculcate patriotism and nationalism, foster love of humanity, respect for human rights, appreciation of the role of national heroes in the historical development of the country, teach the rights and duties of citizenship, strengthen ethical and spiritual values, develop moral character and personal discipline, encourage critical and creative thinking, broaden scientific and technological knowledge, and promote vocational efficiency. SECTION 1. No decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based. SECTION 17. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise as prescribed by law. The State shall foster the preservation, enrichment, and dynamic evolution of a Filipino national culture based on the principle of unity in diversity in a climate of free artistic and intellectual expression. SECTION 11. 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. No resettlement of urban or rural dwellers shall be undertaken without adequate consultation with them and the communities where they are to be relocated. (5) Provide adult citizens, the disabled, and out-of-school youth with training in civics, vocational efficiency, and other skills. Alongside with this, it also states important provisions such as: Article XVII establishes the methods by which the Constitution may be amended or revised. Public officers and employees owe the State and this Constitution allegiance at all times, and any public officer or employee who seeks to change his citizenship or acquire the status of an immigrant of another country during his tenure shall be dealt with by law. SECTION 10. The form, content, and manner of preparation of the budget shall be prescribed by law. SECTION 11. Alienable lands of the public domain shall be limited to agricultural lands. The Supreme Court ruled that the initiative not continue, stating that a People's Initiative requires an enabling law for it to push through.[4]. The goals of the national economy are a more equitable distribution of opportunities, income, and wealth; a sustained increase in the amount of goods and services produced by the nation for the benefit of the people; and an expanding productivity as the key to raising the quality of life for all, especially the underprivileged. The State shall encourage appropriate technology and regulate its transfer for the national benefit. During their continuance in office, their salary shall not be decreased. The person having the highest number of votes shall be proclaimed elected, but in case two or more shall have an equal and highest number of votes, one of them shall forthwith be chosen by the vote of a majority of all the Members of both Houses of the Congress, voting separately. It adopted certain provisions from the 1973 Constitution while abolishing others. The executive, same with the other two co-equal branches, has limited power. The Constitution of the Philippines (Filipino: Saligang Batas ng Pilipinas or Konstitusyon ng Pilipinas, Spanish: Constitución de la República de Filipinas) is the constitution or supreme law of the Republic of the Philippines. The control and administration of educational institutions shall be vested in citizens of the Philippines. Legislative power was vested in a unicameral National Assembly whose members were elected for six-year terms. SECTION 5. SECTION 25. Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the certification by the Commission on Elections of the sufficiency of the petition. The term of office of elective local officials, except barangay officials, which shall be determined by law, shall be three years and no such official shall serve for more than three consecutive terms. The President was ideally elected as the symbolic and purely ceremonial head of state chosen from amongst the Members of the National Assembly for a six-year term and could be re-elected to an unlimited number of terms. (6) Publicize matters covered by its investigation when circumstances so warrant and with due prudence. SECTION 4. The provisions of this subsection shall not apply to schools established for foreign diplomatic personnel and their dependents and, unless otherwise provided by law, for other foreign temporary residents. It also provides for a Vice President and for the presidential line of succession. 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. (2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. Scholarships, grants-in-aid, or other forms of incentives shall be provided to deserving science students, researchers, scientists, inventors, technologists, and specially gifted citizens. The Congress may, however, require increased Filipino equity participation in all educational institutions. 101083)", Understanding the Second Philippine Republic, "Judicial activist faces 'Don Quixote of federalism, "Cuban Constitutionalism and Rights: An Overview of the Constitutions of 1901 and 1940", Summary: Sanidad vs. Commission on Elections (GR L-44640, 12 October 1976), Some Readings as the Constitution turns 25, National Intelligence Coordinating Agency, https://en.wikipedia.org/w/index.php?title=Constitution_of_the_Philippines&oldid=1002782578, All Wikipedia articles written in American English, Short description is different from Wikidata, Articles with unsourced statements from December 2020, Articles to be expanded from February 2020, Articles with empty sections from February 2020, Articles needing additional references from February 2013, All articles needing additional references, Articles with unsourced statements from March 2016, Creative Commons Attribution-ShareAlike License. (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 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. The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law. Upon the approval of the draft by the Committee, the new charter was ratified in 1943 by an assembly of appointed, provincial representatives of the Kalibapi, the organization established by the Japanese to supplant all previous political parties. Article VI provides for a bicameral legislature called the Congress composed of the Senate and the House of Representatives. SECTION 15. SECTION 12. In no case shall any Member serve longer than seven years including service before the ratification of this Constitution. This page was last edited on 26 January 2021, at 01:08. SECTION 1. SECTION 19. SECTION 14. The subject of science and technology was given special attention through the formulation of several provisions on development and research incentives. Though not a constitution itself, the Hare–Hawes–Cutting Act of 1932 was the precursor the Tydings–McDuffie Act, which laid down the promise of independence to the Philippines after 10 years of transition period and other provisions; however, because of infighting within the Philippine Congress, it was not ratified and only became the basis for the creation of the Tydings–McDuffie Act. The Sixth Amendment authorized the President to legislate on his own on an "emergency" basis: Whenever in the judgement of the President there exists a grave emergency or a threat or imminence thereof, or whenever the Interim Batasang Pambansa or the regular National Assembly fails or is unable to act adequately on any matter for any reason that in his judgment requires immediate action, he may, in order to meet the exigency, issue the necessary decrees, orders or letters of instructions, which shall form part of the law of the land. On June 12, 1898, Aguinaldo declared the independence of the Philippines in Kawit, Cavite, establishing the First Philippine Republic under Asia's first democratic constitution, the Malolos Constitution, an insurgency against Spanish rule. Proposed Constitutional amendments to the 1987 Constitution, Philippine Constitutional Commission of 1986, nationwide plebiscite on February 8, 1987, Unincorporated territories of the United States, 1935 Philippine constitutional plebiscite, Preparatory Committee for Philippine Independence, 1973 Philippine constitutional plebiscite, Provisional Constitution of the Philippines (1986), 1987 Philippine constitutional plebiscite, Proposed amendments to the 1987 Constitution, Learn how and when to remove this template message, Provisional Constitution of the Philippines (1897), Revolutionary government in the Philippines, Proclamation № 3: Provisional Constitution of the Philippines (1986), "1986 PROVISIONAL (FREEDOM) CONSTITUTION OF THE PHILIPPINES – CHAN ROBLES VIRTUAL LAW LIBRARY", "The Role of Philippine Courts in Establishing the Environmental Rule of Law", "Duterte: Federalism allows regions to keep most of their income", "1987 Constitution of the Philippines,Preamble", 1987 Constitution of the Philippines, art. SECTION 14. It also vests upon the Congress the power to impeach the President, the Vice President, members of the Supreme Court, and the Ombudsman. SECTION 15. (4) No member of the armed forces in the active service shall, at any time, be appointed or designated in any capacity to a civilian position in the Government including government-owned or controlled corporations or any of their subsidiaries. The State shall exercise reasonable supervision and regulation of all educational institutions, whether public or private. [5], The next attempt was from then-Speaker of the House Feliciano Belmonte Jr. during President Benigno Aquino III's administration. (3) No officer or employee of the civil service shall be removed or suspended except for cause provided by law. All other public officers and employees may be removed from office as provided by law, but not by impeachment. The Congress shall establish an independent central monetary authority, the members of whose governing board must be natural-born Filipino citizens, of known probity, integrity, and patriotism, the majority of whom shall come from the private sector. SECTION 1. "The Filipino people, imploring the aid of Divine Providence and desiring to lead a free national existence, do hereby proclaim their independence, and in order to establish a government that shall promote the general welfare, conserve and develop the patrimony of the Nation, and contribute to the creation of a world order based on peace, liberty, and moral justice, do ordain this Constitution.". No petition for review or motion for reconsideration of a decision of the court shall be refused due course or denied without stating the legal basis therefor. (1) Establish, maintain, and support a complete, adequate, and integrated system of education relevant to the needs of the people and society; (2) Establish and maintain a system of free public education in the elementary and high school levels. SECTION 3. SECTION 8. The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged. The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all. Appointment to any vacancy shall be only for the unexpired term of the predecessor. SECTION 8. SECTION 14. This is to ensure that the country will be "safeguarded" if martial law is to be declared. SECTION 5. (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. The salary of the Chairman and the Commissioners shall be fixed by law and shall not be decreased during their tenure. SECTION 21. In case of death, permanent disability, removal from office, or resignation of the President, the Vice-President shall become the President to serve the unexpired term. The State shall regulate and exercise authority over foreign investments within its national jurisdiction and in accordance with its national goals and priorities. (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. (2) Academic freedom shall be enjoyed in all institutions of higher learning. Such rules however shall not diminish, increase, or modify substantive rights. SECTION 23. The Constitution of the Philippines (Filipino: Saligang Batas ng Pilipinas or Konstitusyon ng Pilipinas, Spanish: Constitución de la República de Filipinas) is the constitution or supreme law of the Republic of the Philippines. SECTION 1. This constitution was subsequently amended four times (arguably five, depending on how one considers Proclamation No. (3) The procedure in approving appropriations for the Congress shall strictly follow the procedure for approving appropriations for other departments and agencies. READ PAPER. SECTION 16. The Congress shall promulgate its rules for the canvassing of the certificates. They shall strictly avoid conflict of interest in the conduct of their office. 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. The guiding principle on education in general shall be the protection and promotion of the right of all citizens to quality education at all levels as well as taking appropriate steps to make education accessible to all. The provisions of the existing Rules of Court, judiciary acts, and procedural laws not inconsistent with this Constitution shall remain operative unless amended or repealed by the Supreme Court or the Congress. SECTION 9. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations. The 1943 Constitution was the constitution of the Japanese-sponsored Second Republic of the Philippines (1943-1945). SECTION 4. The Congress shall create an agency to promote the viability and growth of cooperatives as instruments for social justice and economic development. (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. SECTION 2. Marcos' purported parliamentary system in practice functioned as an authoritarian presidential system, with all real power concentrated in the hands of the President but with the premise that such was now constitutional. SECTION 12. The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law. Section 3. Its final draft was completed by the Constitutional Commission on October 12, 1986 and was ratified by a nationwide plebiscite on February 2, 1987. The Congress shall provide for the standardization of compensation of government officials and employees, including those in government-owned or controlled corporations with original charters, taking into account the nature of the responsibilities pertaining to, and the qualifications required for their positions. Such supervision or regulation shall aim to ensure equal opportunity, time, and space, and the right to reply, including reasonable, equal rates therefor, for public information campaigns and forums among candidates in connection with the objective of holding free, orderly, honest, peaceful, and credible elections. SECTION 6. During their tenure, they shall be subject to the same disqualifications and prohibitions as provided for in Section 2 of Article IX-A of this Constitution. SECTION 12. The Commission on Elections shall exercise the following powers and functions: (1) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall. (3) All revenues and assets of non-stock, non-profit educational institutions used actually, directly, and exclusively for educational purposes shall be exempt from taxes and duties. Provinces with respect to component cities and municipalities, and cities and municipalities with respect to component barangays shall ensure that the acts of their component units are within the scope of their prescribed powers and functions. ARTICLE II Declaration of Principles and State Policies, ARTICLE XI Accountability of Public Officers, ARTICLE XII National Economy and Patrimony, ARTICLE XIII Social Justice and Human Rights, ARTICLE XIV Education, Science and Technology, Arts, Culture and Sports, THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES. THE CONSTITUTION OF THE PHILIPPINES. Taking into account the requirements of conservation, ecology, and development, and subject to the requirements of agrarian reform, the Congress shall determine, by law, the size of lands of the public domain which may be acquired, developed, held, or leased and the conditions therefor. The State shall, from time to time, review to upgrade the pensions and other benefits due to retirees of both the government and the private sectors. The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective Members. SECTION 6. the power of the purse,[12] the power of taxation,[13] and the power of eminent domain.[14]. SECTION 8. It shall equally protect the life of the mother and the life of the unborn from conception. SECTION 4. Political parties, or organizations or coalitions registered under the party-list system, shall not be represented in the voters’ registration boards, boards of election inspectors, boards of canvassers, or other similar bodies. SECTION 15. The present anti-graft court known as the Sandiganbayan shall continue to function and exercise its jurisdiction as now or hereafter may be provided by law. Any amendment to, or revision of, this Constitution under Section 1 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the approval of such amendment or revision. Attempts to amend the 1987 Constitution of the Republic of the Philippines is nothing new. No increase in said compensation shall take effect until after the expiration of the term of the incumbent during which such increase was approved. SECTION 17. Such agreements may be for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and under such terms and conditions as may be provided by law. SECTION 22. The spouse and relatives by consanguinity or affinity within the fourth civil degree of the President shall not during his tenure be appointed as members of the Constitutional Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including government-owned or controlled corporations and their subsidiaries.
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