PEOPLE'S
DRAFT
Preamble
We, the sovereign Filipino people,
imploring the aid of Almighty God, in order to establish a government that
shall embody our ideals, promote the general welfare, conserve and develop the
patrimony of our Nation, and secure to ourselves and our posterity the
blessings of democracy under a regime of liberty, truth, justice, love,
equality and peace, do ordain this Constitution.
ARTICLE I, National
Territory
Section 1. The national territory comprises the Philippine
archipelago, with all the islands and waters embraced therein, and all the other territories belonging to the
Philippines by historic or legal title, including the territorial sea,
the air space, the subsoil, the sea-bed, the insular shelves, and the submarine
areas over which the Philippines has sovereignty or jurisdiction. The waters
around, between, and connecting the islands of the archipelago, irrespective of
their breadth and dimensions, form part of the internal waters of the
Philippines.
ARTICLE II,
Principles and Policies
Section 1. The Philippines is a democratic and republican state.
Sovereignty resides in the people and all government authority emanates from
them.
Section 2. The defense of the State
is the prime duty of government, and in the fulfillment of this duty all
citizens shall be required by law to render personal military or civil service.
Section 3. 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.
Section 4. The State recognizes the
sanctity of the family. The State shall equally protect the life of the mother and
the life of the unborn from conception.
Section
5. Civilian
authority shall be supreme over the military. The Armed Forces of the
Philippines shall be the protector of the people and the State. It shall secure
the sovereignty of the people, the establishment of the State, and the integrity
of the national territory.
Section 6. Public office is a public
trust. Public officers and employees shall serve with responsibility,
integrity, loyalty, and efficiency, and be accountable to the people.
Section 7. All lands of public
domain, waters, minerals, coal, petroleum and other mineral oils, all forces of
potential energy, fisheries, wildlife, and other natural
resources of the Philippines belong to the State.
Section 8. The State shall promote social
justice, regulate the ownership and use of property, afford protection
to labor, and provide social services.
Section 9. The State
shall empower the youth in nation-building.
ARTICLE III,
Citizenship
Section 1. The
following are citizens of the Philippines:
(1) Those who are citizens of the
Philippines at the time of the adoption of this Constitution.
(2) Those whose fathers and mothers
are citizens of the Philippines.
(3) Those whose mothers are citizens
of the Philippines and, upon reaching the age of majority, elect Philippine
citizenship, pursuant to the provisions of the Constitution of nineteen hundred
and thirty-five.
(4) Those who are naturalized in
accordance with law.
(5) Those who reacquire citizenship
as provided by law.
Section 2. Natural-born citizens are those
who are citizens of the Philippines from birth without having to perform any
act to acquire or perfect their Philippine citizenship.
Section 3. It shall be the duty of the citizen to be
loyal to the Republic, honor the Philippine flag, defend the State, uphold the
Constitution, obey the laws, cooperate with duly constituted authorities,
contribute to the general welfare, render
community service and provide family support.
Section 4.
Suffrage shall be exercised by citizens of the Philippines not otherwise
disqualified by law, who are eighteen years of age or over and who shall have
resided in the Philippines for at least one year and in the place wherein they
propose to vote for at least six months preceding the election. No literacy, property
or other substantive requirement shall be imposed on the exercise of, suffrage.
Congress shall provide a system for the purpose of securing the secrecy and
sanctity of the vote.
ARTICLE IV, Bill of Rights
Section 1. No person shall be deprived of life, liberty, or
property without due process of law, nor shall any person be denied the equal
protection of the laws.
Section 2. Private property shall
not be taken for public use without just compensation.
Section 3. The right of the people to
be secure in their persons, houses, papers, and effects against unreasonable
searches and seizures of whatever nature and whatever purpose shall not be
violated, and no search warrant or warrant of arrest shall issue except upon
probable cause to be determined by the judge, or such other responsible officer
as maybe authorized by law, 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.
Section 4. (1) The privacy of
communication and correspondence shall be inviolable except upon lawful order
of the court, or when public safety and order require otherwise.
(2) Any evidence obtained in
violation of this or the preceding section shall be inadmissible for any
purpose in any proceeding.
Section 5. The liberty of abode
and of travel shall not be impaired except upon lawful order of the court, or
when necessary in the interest of national security, public safety, or public
health.
Section 6. The right of the people
to information on matters of public concern shall be recognized. Access to
official records, and to documents and papers pertaining to official acts,
transactions, or decisions, shall be afforded the citizen subject to such
limitations as may be provided by law.
Section 7. The right to form
associations or societies for purposes not contrary to the law shall not be
abridged.
Section 8. No law shall be made
respecting an establishment of religion, or prohibiting the free exercise
thereof. The free exercise and enjoyment of religious profession and worship,
without discrimination or preference, shall forever be allowed. No religious
test shall be required for the exercise of civil or political rights.
Section 9. No law shall be passed
abridging the freedom of speech, or the press, or the right of the people
peaceably to assemble and petition the government for redress of grievances.
Section 10. No law impairing the
obligation of contracts shall be passed.
Section 11. No ex post facto law
or bill of attainder shall be enacted.
Section 12. No person shall be
imprisoned for debt or non-payment of a poll tax.
Section 13. No involuntary
servitude in any form shall exist except as a punishment for a crime whereof
the party shall have been duly convicted.
Section 14. The privilege of the
writ of habeas corpus shall not be suspended except in cases of invasion,
insurrection, or rebellion, or imminent danger thereof, when the public safety
requires it.
Section 15. All persons, shall
have the right to a speedy disposition of their cases in all judicial,
quasi-judicial, or administrative bodies.
Section 16. No person shall be
held to answer for a criminal offense without due process of law.
Section 17. All persons, except
those charged with offenses punishable by reclusion perpetua or life
imprisonment when evidence of guilt is strong shall, before conviction, be
bailable by sufficient sureties. Excessive bail shall not be required.
Section 18. In all criminal
prosecutions, the accused shall be presumed innocent until the contrary is
proved, and shall enjoy the right to be heard by himself and counsel, to be
informed of the nature and cause of the accusation against him, to have a
speedy, impartial, and public trial, to meet the witnesses face to face, and to
have compulsory process to secure the attendance of witnesses and the
production of evidence in his behalf. However, after arraignment, trial may
proceed notwithstanding the absence of the accused provided that he has been
duly notified and his failure to appear is unjustified.
Section 19. No person shall be
compelled to be a witness against himself. Any person under investigation for
the commission of an offense shall have the right to remain silent and to
counsel, and to be informed of such right. No force, violence, threat,
intimidation, or any other means which vitiates the free will shall be used
against him. Any confession obtained in violation of this section shall be
inadmissible in evidence.
Section 20. Excessive fines shall
not be imposed nor cruel or unusual punishment inflicted.
Section 21. No person shall be
twice put in jeopardy of punishment for the same offense. 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.
Section 22. Free access to the
courts, quasi-judicial or administrative bodies shall not be denied to any
person by reason of poverty.
ARTICLE V, Congress
Section 1. The Legislative power shall be vested in Congress.
Section 2. Unless otherwise provided
by law, Congress shall be composed of not more than two hundred forty-five district representatives,
elected from among the provinces, cities and metropolitan areas; of not more
than sixty-one sectoral and people's representatives, who shall be elected from
among the sectors and peoples; and of twenty-four regional representatives who
shall be elected from among the regions.
District representatives shall be
apportioned among the provinces, cities and metropolitan areas in accordance
with the number of their respective inhabitants and on the basis of a uniform
and progressive ratio. Each district shall comprise, as far as practicable,
contiguous, compact, and adjacent territory.
Sectoral and people's
representatives shall constitute twenty
percent of the total number of district, sectoral and people's representatives,
excluding the regional representatives.
Congress may by law change the name
of Congress and the title of its members.
Section 3. (1) The Members of Congress
shall be elected for a term of five years which shall begin, unless
otherwise provided by law, at noon on the thirtieth day of June next following
their election.
(2) In case Congress is dissolved,
the Members elected in new elections shall serve the unexpired portion of the
term from the time the President convenes Congress, which shall not be later
than thirty days immediately following the elections.
(3) Unless otherwise provided by
law, no
Member of Congress shall serve for more than three consecutive terms.
(4) Congress shall by law provide
for a system
of recall for district, regional, sectoral and people's representatives.
(5) Unless otherwise provided by
law, the recall of any elective
district, regional, sectoral or people's representative may be validly
initiated upon petition
of at least twenty-five percent of the total number of registered voters
in the district, region, sector or people concerned during the election in
which the representative sought to be recalled was elected. The recall of a
district or regional representative may also be validly initiated through a resolution adopted by a majority of all the members
of a preparatory recall assembly comprised of all the city and municipal
councilors of the district or region, unless Congress provides
otherwise.
(6) Unless otherwise provided by
law, any elective district,
regional, sectoral or people's representative may be the subject of a recall
election only once during the term of office concerned for loss of confidence,
and no recall shall take place within one year from the date of the
representative's assumption to office or one year immediately preceding a
regular election.
Section 4. No person shall be a
Member of Congress 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, a registered voter in the district or region in which he shall be
elected, and a resident of the district or region concerned for a period of not
less than one year immediately preceding the day of the election.
Section 5. (1) Unless otherwise
provided by law, the regular election of Members of Congress shall be held on
the second Monday of May and every five years thereafter.
(2) In case a vacancy arises in Congress
one year or more before a regular election, the Commission on Elections shall
call a special election to be held within sixty days after the vacancy occurs.
Section 6. Congress shall convene
once every year on the fourth Monday of July for its regular session, unless a
different date is fixed by law, and shall continue to be in session until
thirty days before the opening of its next regular session, exclusive of
Saturdays, Sundays, and legal holidays. It may recess for periods not exceeding
thirty days each, and not more than ninety days during the year. However, it
may be called to session at any time by the President to consider such subjects
or legislation as he may designate.
Section 7. (1) Congress shall by a
majority vote of all its Members, elect its Speaker from the Members thereof.
It shall choose such other officers as it may deem necessary. The election of the President shall precede
all other business following the election of the Speaker.
(2) A majority of Congress shall
constitute a quorum to do business, but a smaller number may adjourn from day
to day and may compel the attendance of absent Members in such manner, and
under such penalties, as Congress may provide.
(3) Congress may determine the rules
of its proceedings, punish its Members for disorderly behavior, and with
concurrence of two-thirds of all its Members, suspend or expel a Member, but if
the penalty is suspension, this shall not exceed sixty days.
(4) Congress 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 8. (1) The salaries of the
Speaker and the Members of Congress shall be fixed by law. No increase in
salary shall take effect until after the expiration of the term of the Members
of Congress approving such increase.
(2) The records and books of
accounts of Congress shall be open to the public in accordance with law, and
such books shall be audited by the Commission on Audit which shall publish
annually the itemized expenditures for each Member.
Section 9. A Member of Congress
shall, in all offenses punishable by not more than six years imprisonment, be
privileged from arrest during his attendance at its sessions, and in going to
and returning from the same; but Congress shall surrender the Member involved
to the custody of the law within twenty-four hours after a recess or adjournment
for its next session, otherwise such privilege shall cease upon its failure to
do so. A Member shall not be questioned or held liable in any other place for
any speech or debate in Congress or in any committee thereof.
Section 10. A Member of Congress shall
not hold any other office or employment in the government, or any subdivision,
agency, or instrumentality thereof, including government-owned or controlled
corporations with original charters during his tenure, except that of President
or Member of the Cabinet or ex-officio member of a regional assembly.
Neither shall he be appointed to any civil office which may have been created
or the emoluments thereof increased while he was a Member of Congress.
Section 11. No Member of Congress
shall appear as counsel before any court, or before any administrative body.
Neither shall he, directly or indirectly, be interested financially in any
contract with, or in any franchise or special privilege granted by, the
government, or any subdivision, agency, or instrumentality thereof, including
any government-owned or controlled corporation with original charter, during
his term of office. He shall not intervene in any matter before any office of
the government for his pecuniary benefit.
Section 12. (1) There shall be a
question hour at least once a month or as often as the rules of Congress may
provide, which shall be included in its agenda, during which the President or
any Member of the Cabinet may be required to appear and answer questions and
interpellations by Members of Congress. Written questions shall be submitted to
the Speaker at least three days before a scheduled question hour.
Interpellations shall not be limited to the written questions, but may cover
matters related thereto. The agenda shall specify the subjects of the question
hour. When the security of the State so requires and the President so states in
writing, the question hour shall be conducted in executive session.
(2) Congress or any of its
committees may conduct inquiries in aid of legislation in accordance with its
duly published rules of procedure. The rights of persons appearing in such
inquiries shall be respected.
Section 13. (1) The President serves on the basis of the trust and
confidence of Congress. Congress may withdraw its confidence from the President
by a vote of two-thirds of all its Members. Upon the removal of the
President, the Deputy President shall act as President until a successor is
elected. A successor President shall be elected by a majority vote of all the
Members of Congress. No motion for the removal of the President and the election
of a successor shall be debated and voted upon until after the lapse of three
days from the submittal of such motion.
(2) The
President may advise the Head of State in writing to dissolve Congress whenever
the need arises for a popular vote of confidence on fundamental issues,
but not on a matter involving his personal integrity. Whereupon, the Head of
State shall dissolve Congress not later than ten days from his receipt of the
advice, and call for an election on a date set by the President which shall not
be later than sixty days from the date of such dissolution. However, no
dissolution of Congress shall take place within nine months immediately
preceding or immediately following a regular election.
(3) In case of dissolution of
Congress or the termination of its regular term, the incumbent President and
the Cabinet shall continue to conduct the affairs of government until the new
Congress is convoked and a new President is elected and qualified.
Section 14. (1) Except as otherwise
provided in this Constitution, no treaty shall be valid and effective unless
concurred in by a majority of all the Members of Congress.
(2) Congress, by a vote of
two-thirds of all its Members, shall have the sole power to declare the
existence of a state of war.
Section 15. In times of war or other
national emergency, Congress may by law authorize the President, for a limited
period and subject to such restrictions as it may prescribe, to exercise powers
necessary and proper to carry out a declared national policy. Unless sooner
withdrawn by resolution of Congress, such powers shall cease upon its next
adjournment.
Section 16. (1) The President shall
submit to Congress within thirty days from the opening of each regular session,
as the basis of the general appropriations bill, a budget of receipts based on
existing and proposed revenue measures, and of expenditures. The form, content,
and manner of preparation of the budget shall be prescribed by law.
(2) No provision or enactment shall
be embraced in the general appropriations bill unless it relates specifically
to some particular appropriation therein. Any such provision or enactment shall
be limited in its operation to the appropriation to which it relates.
(3) The procedure in approving
appropriations for Congress shall strictly follow the procedure for approving
appropriations for other departments and agencies.
(4) A special appropriations bill
shall specify the purpose for which it is intended, and shall be supported by
funds actually available as certified to by the National Treasurer, or to be
raised by a corresponding revenue proposal included therein.
(5) No law shall be passed
authorizing any transfer of appropriations; however, the President, the
Speaker, and the Chief Justice of the Supreme Court, may by law be authorized
to augment any item in the general appropriations law for their respective
offices from saving in other items of their respective appropriations.
(6) If, by the end of the fiscal
year, 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 re-enacted and shall remain in force and effect
until the general appropriations bill is passed by Congress.
Section 17. (1) The rule of taxation
shall be uniform and equitable. Congress shall evolve a progressive system of
taxation.
(2) Congress may by law authorize
the President to fix within specified limits, and subject to such limitations
and restrictions as it may impose, tariff rates, import and export quotas,
tonnage and wharfage dues, and other duties or imposts.
(3) Charitable institutions,
churches, personages or convents appurtenant thereto, mosques and non-profit
cemeteries, and all lands, buildings and improvements actually, directly, and
exclusively used for religious or charitable purposes shall be exempt from
taxation.
(4) No law granting any tax
exemption shall be passed without the concurrence of a majority of all the
Members of Congress.
Section 18. (1) No money shall be
paid out of the Treasury except in pursuance of an appropriation made by law.
(2) No public money or property
shall ever be appropriated, applied, paid, or used, directly or indirectly, for
the use, benefit, or support of any sect, church, denomination, sectarian
institution, or system of religion or for the use, benefit, or support of any
priest, preacher, minister, imam, or other religious teacher or dignitary as
such, except when such priest, preacher, minister, imam, or other religious
teacher or dignitary is assigned to the armed forces, or to any penal
institution, or government orphanage or leprosarium.
Section 19. (1) No bill shall become
a law unless it has passed three readings on separate days, and printed copies
thereof in its final form have been distributed to the Members three days
before its passage, except when the President certifies to the necessity of its
immediate enactment to meet a public calamity or emergency. Upon the last
reading of a bill, no amendment thereto shall be allowed, and the vote thereon
shall be taken immediately thereafter, and the yeas and nays entered in the
Journal.
(2)
Every bill passed by Congress shall embrace only one subject which shall
be expressed in the title thereof.
(3)
No bill except those of local application shall be calendared without the prior
recommendation of the Cabinet.
Section 20. (1) Every bill passed by
Congress shall, before it becomes a law, be presented to the President. If he
approves the same, he shall sign it; otherwise, he shall veto it and return the
same with his objections to Congress. The bill may be reconsidered by Congress
and, if approved by two-thirds of all its Members, shall become a law. The
President shall act on every bill passed by Congress within thirty days after the
date of receipt thereof; otherwise, it shall become a law as if he had signed
it.
(2) The President shall have the
power to veto any particular item or items in appropriation, revenue, or tariff
bill, but the veto shall not affect the item or items to which he does not
object.
Section 21. Congress shall by law
provide for a system of initiative and referendum whereby the people can
directly propose and enact, or approve or reject, laws or ordinances. Unless
Congress provides otherwise, the people’s initiative
shall be upon petition of at least three per
centum of the total number of registered voters, of which every legislative district is represented by at least
one per centum of the registered voters therein.
ARTICLE VI, President
Section 1. Executive power shall be vested in the President.
Section 2. (1) The President shall
be the chief executive and head of the cabinet. As chief executive, the
President shall be known as Pangulo. As head of the cabinet, the
President shall be known as Punong Kalihim. A member of the cabinet
shall be known as Kalihim. Congress may by law change the title of the
President and the members of the cabinet.
(2) Congress
shall by law establish a council of state. The council of state shall be
empowered to provide advice to all branches or subdivisions of government, and
to all sectors and communities of the people, in all matters of national
interest. The head of state shall be the head of the council of state. The
council of state shall be known as the Lupong
Pambansa. Congress may by law change the name of the council of
state.
Section 3. (1) The President
shall be elected from among the Members of Congress by a majority vote of all
its Members.
(2) No person may be elected
President unless he is at least forty years of age at the day of his election
as President, and a resident of the Philippines for at least ten years
immediately preceding his election. However,
if no Member of Congress is qualified or none of those qualified is a candidate
for President, any Member thereof may be elected President.
Section 4. There shall be a head of state who
shall be elected by a majority of all the Members of Congress. The head
of state shall be known as Lakan. Congress may by law change the title of
the head of state. Congress shall by law
provide for the powers, functions, qualifications, compensation, emoluments,
and term of office of the head of state. In the absence of a head of state
elected by Congress, the President shall exercise the powers of the head of
state.
Section 5. (1) The President shall
have an official residence and shall receive a compensation to be fixed by law,
which shall not be increased or decreased during his term of office. He shall not
receive during his tenure any other emolument from the government or any other
source.
(2) The President shall not during
his tenure, hold any appointive office, practice any profession, participate
directly or indirectly in the management of any business, or be financially
interested directly or indirectly in any contract with, or in any franchise or
special privilege granted by, the government or any subdivision, agency, or
instrumentality thereof, including government-owned or controlled corporations
with original charters.
Section 6. In case of permanent
disability, death, removal from office, or resignation of the President, the
Speaker of Congress shall act as President until a successor has been elected.
Section 7. The President shall have
the following duties and functions:
(1) Address Congress at the opening
of its regular session.
(2) Advise the Head of State to
dissolve Congress and call for a general election as provided herein.
(3) Accept the resignation of any
member of the Cabinet.
(4) Attest to the appointment or
cessation from office of members of the Cabinet, and of other officers as may
be provided by law.
(5) Appoint all officers and
employees in his office in accordance with the civil service law.
Section 8. The
President shall be immune from suit during his tenure.
Section 9. The President shall be
assisted by the Cabinet in the exercise of executive power. The Cabinet shall
consist of the Secretaries or heads of departments as provided by law. The
President shall be the head of the government.
Section 10. The President and the
Cabinet shall be responsible to Congress for the program of government and
shall determine the guidelines of national policy.
Section 11. The President shall
appoint the members of the Cabinet who shall be the heads of departments at
least a majority of whom shall come from Congress. Members of the Cabinet may
be removed at the discretion of the President.
Section 12. (1) The President shall
appoint a Deputy President from among the Members of Congress. The Deputy
President shall head a department and shall perform such other functions as may
be assigned to him by the President.
(2) The President shall also appoint
the Undersecretaries who shall perform such functions as may be assigned to
them by law or by the respective heads of departments.
Section 13. The President and the
Members of the Cabinet, on assuming office, shall take the following oath or
affirmation:
"I do solemnly swear (or affirm)
that I will faithfully and conscientiously fulfill my duties as (name of
position) of the Philippines, preserve and defend its Constitution, execute its
laws, do justice to every man and consecrate myself to the service of the
Nation. So help me God." (In case of affirmation, the last sentence will
be omitted)
Section 14. The salaries and
emoluments of the Members of the Cabinet shall be fixed by law which shall not
be increased or decreased during their tenure of office.
Section 15. The President and the
Members of the Cabinet shall be subject to the provisions of sections ten and
eleven of Article Five hereof and may not appear as counsel before any court or
administrative body, or participate in the management of any business, or
practice any profession.
Section 16. The President or any Member
of the Cabinet may resign for any cause without vacating his seat in Congress.
Section 17. The President shall, at
the beginning of each regular session of Congress, and from time to time
thereafter, present the program of government and recommend for the
consideration of Congress such measures as he may deem necessary and proper.
Section 18. The President shall have
control of all departments.
Section 19. The President shall be
commander-in-chief of all armed forces of the Philippines, and whenever it
becomes necessary, he may call out such armed forces to prevent or suppress
lawless violence, invasion, insurrection, or rebellion. In case of invasion, or
rebellion, or imminent danger thereof when the public safety requires it, he
may suspend the privilege of the writ of habeas corpus, or place the
Philippines or any part thereof under martial law.
Section 20. The President shall
appoint the heads of bureaus and offices, the officers of the armed forces
of the Philippines from the rank of brigadier general or commodore, and
all other officers of the Government whose appointments are not herein
otherwise provided for, and those whom he may be authorized by law to appoint.
However, Congress may by law vest in members of the cabinet, courts, heads of
agencies, commissions, and boards the power to appoint inferior officers in
their respective offices.
Section 21. The President may,
except in cases of impeachment grant reprieves, commutations, and pardons,
remit fines and forfeitures after final conviction, and with the concurrence of
Congress, grant amnesty.
Section 22. The President may
contract and guarantee foreign and domestic loans on behalf of the Republic of
the Philippines, subject to such limitations as may be provided by law.
Section 23. All executive powers
under the laws of the land which are not herein provided for or conferred upon
any official shall be deemed, and are hereby, vested in the President, unless
Congress provides otherwise.
ARTICLE VII, Supreme
Court
Section 1. The Judicial power shall be vested in one Supreme
Court and in such lower courts as may be established by law. Congress
shall have the power to define, prescribe and apportion the jurisdiction of the
various courts, but may not deprive the Supreme Court of its jurisdiction over
cases enumerated in Section 5 thereof.
Section 2. (1) The Supreme Court
shall be composed of a Chief Justice and fourteen Associate Justices. The
Supreme Court shall by a majority vote of all its Members, elect its Chief
Justice. It may sit en banc or in divisions of three, five, or seven
Members.
(2) All cases involving the
constitutionality of a treaty, executive agreement, or law shall be heard and
decided by the Supreme Court en banc, and no treaty, executive
agreement, or law may be declared unconstitutional without the concurrence of
at least ten Members. All other cases, which under its rules are required to be
heard en banc, shall be decided with the concurrence of at least eight
Members.
(3) Cases heard by a division
shall be decided with the concurrence of at least a majority of all the Members
of the division, and in no case, without the concurrence of at least three, but
if such required number is not obtained, the case shall be decided en banc:
Provided, that no doctrine or principle of law laid down by the Court in a
decision rendered en banc or in a division may be modified or reversed
except by the Court sitting en banc.
Section 3. (1) No person shall be
appointed Member of the Supreme Court unless he is a natural born citizen of
the Philippines, at least forty years of age, and has for ten years or more
been a judge of a court of record or engaged in the practice of law in the
Philippines.
(2) The Congress shall prescribe
the qualifications of judges of lower courts, but no person may be appointed
judge thereof unless he is a natural-born citizen of the Philippines and a
member of the Philippine Bar.
Section 4. The Members of the Supreme
Court and judges of lower courts shall be appointed by the President.
Section 5. The Supreme Court shall
have the following powers:
(1) Exercise original jurisdiction
over cases affecting ambassadors, other public ministers and consuls, and over
petitions for certiorari, prohibition, mandamus, quo warranto,
and habeas corpus.
(2) Review and revise, reverse,
modify, or affirm on appeal or certiorari, as the law or the rules of
court may provide, final judgments and decrees of lower courts in:
(a) All cases in which the
constitutionality or validity of any treaty, executive agreement, law,
ordinance, or executive order or regulation is in question.
(b) All cases involving the legality
of any tax, impost, assessment, or toll, or any penalty imposed in relation
thereto.
(c) All cases in which the
jurisdiction of any lower court is in issue.
(d) All criminal cases in which the
penalty imposed is death or life imprisonment.
(e) All cases in which only an error
or question of law is involved.
(3) Assign temporarily judges of
lower courts to other stations as public interest may require. Such temporary
assignment shall not last longer than six months without the consent of the
judge concerned.
(4) Order a change of venue or place
of trial to avoid a miscarriage of justice.
(5) Promulgate rules concerning
pleading, practice, and procedure in all courts, the admission to the practice
of law, and the integrated bar. Such rules shall provide a simplified
and inexpensive procedure for the speedy disposition of cases, shall be uniform
for all courts of the same grade, and shall not diminish, increase, or modify
substantive rights.
(6) Appoint its officials and
employees in accordance with law.
Section 6. The Judiciary shall enjoy
fiscal autonomy. The Supreme Court shall have administrative supervision
over all courts and the personnel thereof. It
shall be authorized to establish and maintain an internal security force.
Section 7. The Members of the
Supreme Court and judges of lower courts shall hold office during good behavior
until they reach the age of seventy years or become incapacitated to discharge
the duties of their office. The Supreme Court shall have the power to
discipline judges of lower courts and, by a vote of at least eight Members,
order their dismissal.
Section 8. The conclusions of the
Supreme Court in any case submitted to it for decision en banc or in
division shall be reached in consultation before the case is assigned to a
Member for the writing of opinion of the Court. Any Member dissenting from a
decision shall state the reasons for his dissent. The same requirement shall be
observed by all lower collegiate courts.
Section 9. Every decision of a
court of record shall clearly and distinctly state the facts and the law on
which it is based. The Rules of Court shall govern the promulgation of minute
resolutions.
Section 10. The salary of the
Chief Justice and of the Associate Justices of the Supreme Court, and of judges
of lower courts shall be fixed by law, which shall not be decreased during
their continuance in office.
Section 11. (1) The Supreme Court
shall by its rules provide for the maximum period within which a case or matter
shall be decided or resolved from the date of its submission. Unless otherwise
provided by the Supreme Court, the maximum period shall be eighteen months for
the Supreme Court, twelve months for all lower collegiate courts, and three
months for all other lower courts.
(2) Unless otherwise provided
under the rules promulgated by the Supreme Court, with respect to the Supreme Court and other collegiate
appellate courts, when the applicable maximum period shall have lapsed without
the rendition of the corresponding decision or resolution, because the
necessary vote cannot be had, the judgment, order, or resolution appealed from
shall be deemed affirmed, except in those cases where a qualified majority is
required and in appeals from judgments of conviction in criminal cases, and in
original special civil actions and proceedings for habeas corpus, the
petition in such cases shall be deemed dismissed, and a certification to this
effect signed by the Chief Magistrate of the court shall be issued and a copy
thereof attached to the record of the case.
Section 12. The Supreme Court
shall, within thirty days from the opening of each regular session of Congress,
submit to Congress and the President an annual report on the operations and
activities of the Judiciary.
Section 13. The Justices of the Supreme Court
shall be removed from office on impeachment for, and conviction of, culpable
violation of the Constitution, treason, bribery, other high crimes, or graft
and corruption.
Section 14. Congress shall have the exclusive
power to initiate, try, decide all cases of impeachment. Upon the filing of a
verified complaint, Congress may initiate impeachment by a vote of at least
one-fifth of all its Members. No official shall be convicted without the
concurrence of at least two-thirds of all the Members thereof. When
Congress sits in impeachment cases, its Members shall be on oath or
affirmation.
ARTICLE VIII, General
Provisions
Section 1. The
flag of the Philippines shall be red, white, and blue, with a sun and three
stars, as consecrated and honored by the people and recognized by law.
Section 2. Unless Congress provides
otherwise, the
national language or wikang pambansa shall be based on Tagalog, enriched by
the other local languages, including Cebuano, Ilocano, Hiligaynon,
Waray-Waray, Bikol, Kapangpangan, Pangasinan, Maranao,
Tausug, Maguindanao and Kinaray-a, among others.
The official languages of the Philippines shall be the wikang pambansa
and English. The regional languages shall be auxiliary official languages in
the regions. Spanish and Arabic shall be promoted.
Section 3. Congress may by law adopt
a new name for the country, a flag, a national anthem, a national language, and
a national seal, which shall all be truly reflective and symbolic of the
ideals, history, and traditions of the people. Such law shall take effect only
upon its ratification by the people in a national referendum.
Section 4. The State may not be sued
without its consent.
Section 5. The separation of the church and
the State shall be inviolable.
Section
6. The
State shall have one national military force.
Section 7. The State shall have one national
police force.
Section 8. No elective or appointive
public officer or employee shall receive accept, without the consent of
Congress, any present, emolument, office or title of any kind from any foreign
state.
Section 9. (1) All educational institutions
shall subject to the supervision and regulation by the State.
(2) All institutions of higher
learning shall enjoy academic freedom.
(3) The State shall establish system
of free public elementary and high school education.
(4) The State shall recognize the Madrasah
education system.
Section 10. Congress shall by law recognize the titles of royalty of the southern
sultanates of Sulu, Maguindanao and Lanao. The legal recognition shall be within the
framework of the Constitution, and subject to
the sovereignty of the people, the powers of the government, the establishment
of the State, the patrimony of the nation, and the integrity of the national
territory.
Section 11. The State shall consider the
customs, traditions, beliefs, and interests of the indigenous peoples in the
formulation and implementation of State policies. Congress shall recognize,
respect and protect
the rights of the indigenous peoples to their ancestral lands within the
framework of the Constitution.
Section 12. With the exception of
agricultural, industrial, commercial, residential, or resettlement lands of the
public domain, natural resources shall not be alienated, and no license,
concession, or lease for the exploration, or utilization of any of the natural
resources shall be granted for a period exceeding twenty-five years, renewable
for another twenty-five years, except as to water rights for irrigation, water
supply, fisheries, or industrial uses other than development of water power, in
which cases, beneficial use may by the measure and the limit of the grant.
Section 13. No franchise,
certificate, or any other form of authorization for the operation of a public
utility shall be exclusive in character or for a longer period than fifty
years. Neither shall any such franchise or right be granted except under the
condition that it shall be subject to amendment, alteration, or repeal by
Congress when the public interest so requires.
Section 14. The right of the State
to recover properties unlawfully acquired by public officials or employees,
from them or from their nominees or transferees, shall not be barred by
prescription, laches, or estoppel.
Section 15. The State shall promote
local government autonomy. The President
shall exercise general supervision over local government units.
Section 16.
The territorial and political subdivisions
of the Philippines are the provinces, cities,
municipalities, and barangays. No province, city,
municipality, or barangay may be created, divided, merged, abolished, or
its boundary substantially altered, except in accordance with the criteria
established in the local government code, and subject to the approval by a majority of the
votes cast in a plebiscite in the units or sub-units directly affected and may
change legal status. Congress may set requirements for the creation of a local
government unit based on income, population, land area and culture.
Section
17. Congress may by law create, divide, merge, abolish or substantially alter
boundaries of regional authorities which
shall form part of the national government.
The President shall have control of the regional authorities as
instrumentalities of the national government.
Section 18. Congress may by law
create, divide, merge, abolish or substantially alter boundaries of autonomous regions as territorial and
political subdivisions, subject to the approval by a majority of the votes cast in a plebiscite in the provinces and cities
directly affected and may change legal status. Congress may by law set
requirements for the creation of an autonomous region, based on income,
population, land area and culture. The
vesting of powers in autonomous regions shall be accompanied by the provision
of resources to perform their functions. They shall have the power to create
their own sources of revenue, a just share in the national taxes and an
equitable share in the national wealth within their respective areas, in
accordance with law. The
President shall exercise general supervision over the autonomous regions as
local government units.
Section 19. The powers not
granted to the autonomous regions by this Constitution or by law are deemed
vested in the national government of the State.
ARTICLE IX, Federal State,
Component State
Section 1. A Federal State shall be established from the present
unitary state upon the creation of at least one Component State. No Component State may secede from the
Federal State under this Constitution.
Section 2. The creation of a
Component State may be initiated by a resolution of Congress or the regional
assembly, or directly by the people through initiative. The creation of a
Component State by a resolution of Congress or the regional assembly, shall be
valid when ratified by a majority of the votes cast in a plebiscite, which
shall be held not later than three months after the approval of such
resolution. The creation of a Component State by people's initiative shall be
valid when ratified by a majority of the votes cast in a plebiscite, which
shall be held not later than three months after the certification by the
Commission on Elections of the sufficiency of the petition.
Section 3. Component States may be created, divided, merged, abolished or
boundaries substantially altered when ratified by a majority of the votes cast in a plebiscite in the provinces and cities
directly affected and may change legal status. Congress may by law set
requirements for the creation of a Component State, based on income,
population, land area and culture. The
vesting of powers in Component States shall be accompanied by the provision of
resources to perform their functions. They shall have the power to create their
own sources of revenue, a just share in the federal taxes in the absence of
equivalent taxes by the Component State, and an equitable share in the national
wealth within their respective areas, in accordance with federal law.
Section 4. The areas without a
Component State shall be under the sole jurisdiction of the Federal State.
Section 5. Upon the establishment of the Federal State, this Constitution shall be
the federal constitution, and the national laws shall be the federal laws.
Section 6. The federal
constitution, the laws of the Federal State made in pursuance thereof, and all
treaties made under the authority of the Federal State, shall be the supreme
law of the land. The courts in every Component State shall be bound thereby,
anything in the constitution or laws of any Component State to the contrary
notwithstanding.
Section 7. A Component State shall be authorized to establish and maintain an
internal security and safety force. However, no Component State shall establish
or maintain any military force or police force. Only the Federal State shall
establish a military force and police force.
Section 8. No Component State shall
enter into any treaty, alliance, or confederation. Only the Federal State may enter into any
treaty, alliance, or confederation.
Section 9. No Component State shall, without the consent of Congress, issue any currency or money for use as a
medium of exchange.
Section 10. No Component State shall, without the consent of Congress, impose taxes or duties on imports or exports. No Component
State shall, without the consent of Congress, impose any income tax or value added tax.
Section
11. No Component State shall, without
the consent of Congress, enact legislation on
banking, insurance, commerce (on goods and services), insolvency, intellectual
property rights, professional practice, immigration and naturalization.
Section 12. Unless Congress or the
legislative assembly of the Component State provides otherwise, the appellate courts and trial courts of the Federal
State shall be vested with judicial power to hear and decide all cases arising under the laws of the Component State.
Section 13. The powers not granted
to the Component States under this Constitution are deemed vested in the
Federal State.
ARTICLE X, Amendments
Section 1. Any amendment to
this Constitution may be proposed by Congress upon a vote of three-fourths of
all its Members. Congress
may, by a vote of two-thirds of all its Members, call a constitutional
convention to amend this Constitution. Amendments to this Constitution may also
be proposed directly by the people through initiative in accordance with law.
Unless Congress provides otherwise, the people’s initiative shall be upon petition
of at least three
per centum of the total number of registered voters, of which every
legislative district is represented by at least one per centum of the
registered voters therein.
Section 2. Any amendment to this
Constitution by constituent assembly, constitutional convention or people's
initiative shall be valid when ratified by a majority of the votes cast in the
plebiscite.
ARTICLE XI,
Transitory Provisions
Section 1. The President,
Vice-President, Senate, Congress, Supreme Court, Civil Service Commission,
Commission on Elections, Commission on Audit, Ombudsman, Bangsamoro Autonomous
Region for Muslim Mindanao, local government units, and all other agencies, instrumentalities,
subdivisions, courts and offices of all branches of government established or
organized under the 1987 Constitution shall continue to exist, discharge their
functions and exercise their powers upon the ratification of this Constitution,
except as otherwise provided herein. The qualification, election, powers, functions and
removal of the President, Vice-President, Senators and Representatives elected
on the second Monday of May 2022, shall continue to be governed by the
applicable provisions of the 1987 Constitution, until noon of the thirtieth day
of June of 2025. The Senate and
Congress under the 1987 Constitution shall be dissolved at noon on the
thirtieth day of June of 2025. However,
the senators elected on the second Monday of May of 2022, shall continue to
serve as legislators and ex-officio members of the first Congress under
this Constitution, until noon of the thirtieth day of June of 2028. The
President and Vice-President elected on the second Monday of May of 2022 shall
continue to serve as such until noon of the thirtieth day of June of 2028. They
may not be removed from office, except by impeachment under the 1987
Constitution, until noon of the thirtieth day of June of 2025. Thereafter, they
may be removed from office by vote of no confidence under this Constitution.
Section 2. All proclamations,
orders, decrees, instructions, and acts promulgated, issued, or done by the
past and present Presidents shall continue to be part of the law of the land,
and shall remain valid, legal, binding, and effective even after the Members of the new Congress and the new President shall
have been elected and shall have assumed office, unless modified,
revoked, or superseded by this Constitution or the appended Ordinance, by
subsequent proclamations, orders, decrees, instructions, or unless expressly or
impliedly modified or repealed by Congress or the President. The provisions
of Article XII of the 1987 Constitution, and of Rep. Act. No. 8179, regarding
the ownership of private lands by foreign nationals, shall remain valid, unless
otherwise provided by law.
Section 3. All existing laws
consistent with this Constitution shall remain operative until amended,
modified, or repealed by Congress. All existing laws inconsistent with this
Constitution, including its default provisions and the appended Ordinance,
shall be deemed amended or repealed accordingly.
Section 4. All courts existing at
the time of the promulgation of this Constitution shall continue to exercise
their jurisdiction, until otherwise provided by law. All cases pending in said
courts shall be held, tried, and determined under the laws then in force. The
provisions of the existing Rules of Court and procedural laws consistent with
this Constitution shall remain operative, unless amended, modified, or repealed
by Congress or the Supreme Court.
Section 5. All officials and
employees in the existing executive branch of government of the Republic of the
Philippines, including the Civil Service Commission, the Commission on
Elections, the Commission on Audit and the Ombudsman, shall continue in office
until otherwise provided by law or decreed by Congress.
Section 6. All officials and
employees in the existing judicial branch of government of the Republic of the
Philippines, including the appellate courts and trial courts, shall continue in
office until otherwise provided by law or decreed by Congress. The Justices of
the Supreme Court shall continue to hold office,
discharge their functions and exercise their powers upon the ratification of
this Constitution, and until they are retired or removed from office under the
new Constitution.
Section 7. All treaties, executive
agreements, and contracts entered into by the government or any subdivision,
agency, or instrumentality thereof, including government-owned or controlled
corporations with original charters are hereby recognized as legal, valid and
binding. When the national interest so requires, the President may review all
contracts, concessions, permits, or other forms of privileges for the
exploration, exploitation, development, or utilization of natural resources
entered into, granted, issued, or acquired before the ratification of this
Constitution.
Congress shall promote local and foreign
investments for job creation, price reduction and tax generation. Except as
otherwise provided herein, all laws and regulations that impose nationality
requirements on the ownership and management of property are hereby repealed,
subject to oversight and limitation by Congress. The disposition of
alienable lands of the public domain, small-scale mining and
micro-enterprises, shall be limited to Filipino citizens and to
legal entities wholly owned by them, unless otherwise provided by law. The ownership
of private lands shall be limited to Filipino citizens and to legal
entities at least sixty per centum of the capital is owned by them, unless
otherwise provided by law. To protect national
security, Congress or the President may establish a foreign investment
council vested with authority to review, investigate, mitigate risks,
suspend or prohibit covered transactions. To advance national interest,
Congress or the President may require reciprocity in foreign investments.
Section 8. All records, equipment,
buildings, facilities, and other properties of any office or body abolished or
reorganized under this Constitution shall be transferred to the office or body
to which its powers, functions, and responsibilities substantially
pertain.
Section 9. All the provinces, cities,
municipalities, barangays and the Bangsamoro Autonomous Region for
Muslim Mindanao existing at the time of the promulgation of this Constitution
shall continue as presently constituted but their functions, powers, and
composition may be altered by law.
Section 10. The elections for the representatives of districts, regions, sectors and
peoples of the first Congress under this Constitution shall be held on the
second Monday of May of 2025. Unless otherwise provided by law, the Commission
on Elections shall reapportion the city and municipal legislative districts, to
provide for one councilor for every district based on the number of registered
voters at the barangay level, for the elections on the second Monday of May of
2025.
Section 11. Unless Congress
provides otherwise, all contests relating to the election, returns and
qualifications of all elective officials arising under this Constitution, shall
be under the exclusive original jurisdiction of the trial courts of general
jurisdiction, subject to judicial remedies on appeal or certiorari.
Section 12. This Constitution shall
take effect immediately upon its promulgation, and except as provided herein,
shall supersede the Constitution of nineteen hundred and eighty-seven (1987).
ORDINANCE
Section 1. Unless Congress provides otherwise, the
district representatives shall be apportioned according to the allocation of
seats under the Eighteenth Congress of the Philippines.
Section 2. Unless Congress provides otherwise, the
regional representatives shall represent the following regions:
(1) The Luzon island group shall be represented by twelve
representatives, the Visayas island group by six representatives, and the
Mindanao island group by six representatives.
(2) The Luzon island group shall include the islands of
Batanes and Catanduanes among others. The Visayas island group shall include
the islands of Mindoro, Marinduque, Romblon, Palawan, Masbate, Biliran,
Guimaras and Siquijor among others. The Mindanao island group shall include the
islands of Basilan, Sulu, Tawi-Tawi, Camiguin, Dinagat and Samal among others.
(3) The Ilocos region including Pangasinan shall be
represented by two representatives, the Cordillera region by one
representative, the Cagayan region including Batanes by one representative, the
Central Luzon region including Aurora by two representatives, the Metro Manila
region by three representatives, the CALABARZON region by two representatives
and the Bicol region including Catanduanes by one representative.
(4) The MIMAROPA region shall be
represented by one representative, the Waray region including Biliran by one
representative, the Panay region including Guimaras by one representative, the
Negros region by one representative, and the Cebu region including Bohol, Siquijor
and Masbate by two representatives.
(5) The Zamboanga region including
Basilan, Sulu and Tawi-Tawi shall be represented by one representative, the
Northern Mindanao region including Camiguin by one representative, the CARAGA
region including Dinagat by one representative, the Davao region including
Samal by one representative, the Cotabato region including Cotabato by one
representative, the Central Mindanao region including Cotabato City and Lanao
del Norte by one representative.
Section 3. Unless Congress provides otherwise, sectoral representatives
shall be comprised of sectoral organizations of workers, farmers, fisherfolk,
self-employed, teachers, health workers, government employees, overseas
workers, youth, women, elderly, micro-enterprises, small and medium
enterprises, and large enterprises. Unless Congress provides otherwise,
people's representatives shall be comprised of people's organizations of the
southern sultanates, northern indigenous peoples and southern indigenous
peoples. Congress shall allocate the seats among the sectors and peoples
according to the size of their respective population and the significance of
their social and economic contributions to the State. There shall be no
party-list voting. Organizations running for sectoral or people representative
must register with the government agency concerned and be affiliated with
accredited political parties. Voters may register in one sector or people
category and vote accordingly.
Section 4. Unless Congress
provides otherwise, elections for congressional representatives shall be by
party voting. Ballots shall indicate not only the party's candidate for
Representative, but also the party's nominee for President. The voters shall
vote for the candidate and the nominee together. However, the party may change
its nominee if the party does not win a majority of the seats and joins a
coalition government, or the nominee does not win a seat in Congress.
Section
5. Unless Congress provides otherwise, the two-party system shall be promoted.
Only the two dominant political parties with the highest number of elected
national legislators during the last national elections, shall be entitled to
official watchers and official copies of the election returns and certificates
of canvass. The interests of the other political parties shall be protected by
the accredited citizens' arm.
Section 6. Unless Congress provides otherwise, all votes cast
shall be counted or audited manually in public at the polling place immediately
after voting is finished, even if the election process is automated.
Section 7. Unless Congress provides otherwise, the council of state
shall be composed of the incumbent and former heads of state, presidents,
vice-presidents, prime ministers, senate presidents, house speakers and chief
justices; the incumbent executive secretary, defense secretary and foreign
affairs secretary; former executive secretaries, defense secretaries/ministers,
and foreign affairs secretaries/ministers who served for a cumulative period of
at least five years; and sectoral, people, and regional representatives as
the President may appoint. In the absence of a law, the President may by executive
order establish a council of state.
Section 8. Unless Congress provides
otherwise, the formation and organization of provinces, cities, municipalities
and barangays shall be as follows:
(1) The national and local
government functions shall be delineated. In case of conflict between the
national interest and the local interest, the national interest shall prevail.
(2) Local government powers shall be
consolidated in cities and municipalities. The
city and municipality shall be the basic local government units.
(3) The
members of the city council and municipal council shall be elected by district, with one councilor for every local legislative district. They may be subject to recall upon petition
of at least twenty-five percent of the total number of registered voters in the
district, or by resolution of a majority of all the members of a preparatory
recall assembly comprised of all the barangay councilors of the district.
(4) The
city mayor and municipal mayor shall be elected by majority vote of all the
members of the local council from among themselves. The
mayors of cities and municipalities within the territory of a province shall be
the ex-officio members of the provincial council. The
provincial governor shall be elected by majority vote of all the members of the
provincial council from among themselves.
(5) The
council members of barangays within the territory of a city or
municipality shall be appointed by the mayor of the city or municipality, from
a list of at least three nominees for every vacancy prepared by barangay
based homeowners' associations, residential condominium corporations, and
community associations. The
Department of Interior and Local Government may by implementing rules and
regulations provide for the registration and grant of legal personality to
community associations of barangay residents to promote local interest.
The
punong barangay shall be elected by majority vote of all the members of
the barangay council from among themselves.
(6) The
city mayor, municipal mayor, provincial governor and punong barangay
shall serve based on the trust and confidence of the local council. They may be removed at any time for loss of confidence
upon the vote of least two-thirds of all the members of the local council.
(7) The
term of office of the members of local councils shall be five years. No member
of any local council shall serve for more than three consecutive terms.
Elections for
city and municipal councilors shall be by party voting. Ballots shall indicate
not only the party's candidate for councilor, but also the party's nominee for
mayor. The voters shall vote for the candidate and the nominee together.
However, the party may change its nominee if the party does not win a majority
of the seats and joins a coalition government, or the nominee does not win a
seat in the council.
These provisions shall apply to local government
officials elected under this Constitution on the second Monday of May of 2025
and thereafter, unless Congress provides otherwise.
Section 9. In the absence of
regional authorities created by law, the President shall by executive order
create regional offices of the national government to promote regional
decentralization. The President shall have control of the regional offices as
agencies of the national government. The creation of regional offices by the
President shall not be deemed to include the appropriation of public money or
property, which is the sole prerogative of Congress. Unless otherwise provided
by the President, the regional offices
shall cover the following regions: (1) Luzon
region excluding the Metropolitan Manila region, (2) Visayas region, (3)
Mindanao region excluding the Bangsamoro region, (4) Metropolitan Manila
region, and (5) Bangsamoro region; and shall integrate the functions and resources of all line departments
and their attached agencies, except
those under the Department of National Defense,
Department of Interior and Local Government, Department of Foreign Affairs,
Department of Justice, Department of Finance, Department of Budget and
Management, National Economic Development Authority, and Bangko Sentral ng
Pilipinas. Each regional office shall be headed
by a secretary of cabinet rank.
Section 10. Unless otherwise
provided by Congress, autonomous regions shall be formed and organized as
follows:
(1)
The district representatives, city mayors and
municipal mayors within the territory of a region shall be the ex-officio
members of a unicameral regional assembly.
(2)
The regional chief executive shall be elected
by majority vote of all the members of the regional assembly.
(3)
The regional chief executive shall serve based on the trust and confidence of
the regional assembly. The chief executive may
be removed at any time for loss of confidence upon the vote of least two-thirds
of all the members of the regional assembly.
(4) The
term of office of the members of the regional assembly shall be five years.
(5) No
member of the regional assembly shall serve for more than three consecutive
terms.
Section 11. Unless otherwise
provided by resolution of Congress or the regional assembly, or by people's
initiative, Component States shall be formed and organized as follows:
(1)
The district representatives, city mayors and
municipal mayors within the territory of a Component State shall be the ex-officio
members of a unicameral assembly.
(2)
The chief executive shall be elected by
majority vote of all the members of the assembly.
(3)
The chief executive shall serve based on the trust and confidence of the
assembly. The chief executive may be removed at
any time for loss of confidence upon the vote of least two-thirds of all the
members of the assembly.
(4) The
term of office of the members of the assembly shall be five years.
(5) No
member of the assembly shall serve for more than three consecutive terms.
Section 12. Unless Congress provides
otherwise, two
or more members of the same family shall not be allowed to run for elective
office in the same constituency during the same elections. When a family
member runs for a national elective position, the spouse and relatives within
the second degree of consanguinity of such candidate shall be
barred from running for any other national elective position, but may run for a
local elective position. When a family member runs for a local elective
position, the spouse and relatives within the second degree of consanguinity of
such candidate shall be barred from running for any other local elective
position, but may run for a national elective position. Running for an
elective position includes being a nominee of a sectoral or people’s
organization.
The People’s Draft is a crowd-sourced constitution framed in 2018-2021
at the initiative
of Tanggulang Demokrasya (Tan Dem), Inc. and PUBLiCUS Asia, Inc.
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