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what is the current constitution of the philippines

//what is the current constitution of the philippines

what is the current constitution of the philippines

SECTION 7. The State may directly undertake such activities, or it may enter into co-production, joint venture, or production-sharing agreements with Filipino citizens, or corporations or associations at least sixty per centum of whose capital is owned by such citizens. SECTION 18. The national language of the Philippines is Filipino. SECTION 4. Only Filipino citizens or corporations or associations at least seventy per centum of the capital of which is owned by such citizens shall be allowed to engage in the advertising industry. In case of serious illness of the President, the public shall be informed of the state of his health. (4) Those who are naturalized in accordance with law. All existing laws, decrees, executive orders, proclamations, letters of instructions, and other executive issuances not inconsistent with this Constitution shall remain operative until amended, repealed, or revoked. SECTION 21. SECTION 4. Such rules however shall not diminish, increase, or modify substantive rights. (4) No officer or employee in the civil service shall engage, directly or indirectly, in any electioneering or partisan political campaign. If, after such reconsideration, two-thirds of all the Members of such House shall agree to pass the bill, it shall be sent, together with the objections, to the other House by which it shall likewise be reconsidered, and if approved by two-thirds of all the Members of that House, it shall become a law. Monsod said using the pandemic as a reason for revising economic provisions of the Constitution is a short-term view. (2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. 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 or mothers are citizens of the Philippines; (3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and. SECTION 10. (2) A case or matter shall be deemed submitted for decision or resolution upon the filing of the last pending, brief, or memorandum required by the Rules of Court or by the court itself. The State shall apply the principles of agrarian reform or stewardship, whenever applicable in accordance with law, in the disposition or utilization of other natural resources, including lands of the public domain under lease or concession suitable to agriculture, subject to prior rights, homestead rights of small settlers, and the rights of indigenous communities to their ancestral lands. In the implementation of such program the State shall respect the rights of small property owners. SECTION 3. SECTION 7. (1) No money shall be paid out of the Treasury except in pursuance of an appropriation made by law. It is noteworthy that the Constitution of the Philippines bears the imprint of certain dominant principles embedded in the U.S. Federal Constitution. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. ARTICLE IX Constitutional Commissions The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. They shall also be subject to such other qualifications and disabilities as may be prescribed by law. SECTION 16. SECTION 6. SECTION 27. Save in cases of hereditary succession, no private lands shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain. Declaration of Principles and State Policies. Thereafter, such forest lands and national parks shall be conserved and may not be increased nor diminished, except by law. There are Seven (7) constitutions of the Philippines. (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 7. The authority to issue sequestration or freeze orders under Proclamation No. SECTION 14. The State shall provide immediate and adequate care, benefits, and other forms of assistance to war veterans and veterans of military campaigns, their surviving spouses and orphans. Local government units shall have a just share, as determined by law, in the national taxes which shall be automatically released to them. SECTION 4. SECTION 20. SECTION 12. Such appointments need no confirmation. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court. SECTION 20. Each House shall also keep a Record of its proceedings. SECTION 4. It shall protect the rights of workers and promote their welfare. ; G.R. The State shall protect and promote the right of all citizens to quality education at all levels and shall take appropriate steps to make such education accessible to all. This provision also applies to career officers whose resignation, tendered in line with the existing policy, had been accepted. https://www.officialgazette.gov.ph/constitutions/1987-constitution For purposes of communication and instruction, the official languages of the Philippines are Filipino and, until otherwise provided by law, English. Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least eighteen years of age, 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 immediately preceding the election. View the step-by-step solution to: Question. The Congress shall provide efficacious procedures and adequate remedies for the reversion to the State of all lands of the public domain and real rights connected therewith which were acquired in violation of the Constitution or the public land laws, or through corrupt practices. He shall serve until the President or the Vice-President shall have been elected and qualified, and be subject to the same restrictions of powers and disqualifications as the Acting President. SECTION 3. SECTION 20. SECTION 18. (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. The State shall establish and maintain an effective food and drug regulatory system and undertake appropriate health manpower development and research, responsive to the country’s health needs and problems. In determining retention limits, the State shall respect the right of small landowners. (7) The tour of duty of the Chief of Staff of the armed forces shall not exceed three years. The organic act shall define the basic structure of government for the region consisting of the executive department and legislative assembly, both of which shall be elective and representative of the constituent political units. The certification shall state why a decision or resolution has not been rendered or issued within said period. SECTION 2. SECTION 9. A public officer or employee shall, upon assumption of office and as often thereafter as may be required by law, submit a declaration under oath of his assets, liabilities, and net worth. He shall also have the power to grant amnesty with the concurrence of a majority of all the Members of the Congress. (1) The House of Representatives shall be composed of not more than two hundred and fifty members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio, and those who, as provided by law, shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations. "The problem is they're representing foreign direct investment as a magic bullet. The same requirements shall be observed by all lower collegiate courts. The executive power shall be vested in the President of the Philippines. SECTION 28. 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 State shall further provide incentives for voluntary land-sharing. The President may enter into agreements with foreign-owned corporations involving either technical or financial assistance for large-scale exploration, development, and utilization of minerals, petroleum, and other mineral oils according to the general terms and conditions provided by law, based on real contributions to the economic growth and general welfare of the country. The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. (1) The rule of taxation shall be uniform and equitable. A penalty of suspension, when imposed, shall not exceed sixty days. Arts and letters shall enjoy the patronage of the State. For three consecutive terms after the ratification of this Constitution, one-half of the seats allocated to party-list representatives shall be filled, as provided by law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as may be provided by law, except the religious sector. (7) Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the Government and make recommendations for their elimination and the observance of high standards of ethics and efficiency. SECTION 5. SECTION 10. (4) Despite the expiration of the applicable mandatory period, the court, without prejudice to such responsibility as may have been incurred in consequence thereof, shall decide or resolve the case or matter submitted thereto for determination, without further delay. In no case shall any Member serve longer than seven years including service before the ratification of this Constitution. The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns on investments, and to expansion and growth. For those issued after such ratification, the judicial action or proceeding shall be commenced within six months from the issuance thereof. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest. No pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules, and regulations shall be granted by the President without the favorable recommendation of the Commission. (4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to and rehabilitation of victims of torture or similar practices, and their families. The first regular elections for the President and Vice-President under this Constitution shall be held on the second Monday of May, 1992. SECTION 9. The bill calling such special election shall be deemed certified under paragraph 2, Section 26, Article VI of this Constitution and shall become law upon its approval on third reading by the Congress. #ASKGOYO (Part 1) There have been talks recently on the move to amend and revise the Philippine Constitution (1987). 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. SECTION 11. Whenever there is a vacancy in the Office of the Vice-President during the term for which he was elected, the President shall nominate a Vice-President from among the Members of the Senate and the House of Representatives who shall assume office upon confirmation by a majority vote of all the Members of both Houses of the Congress, voting separately. Why is that? The President shall nominate and, with the consent of the Commission on Appointments, appoint the heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution. The Constitutional Commissions shall appoint their officials and employees in accordance with law. The Philippines had six constitutions since the proclamation of independence in 1898. SECTION 2. (4) Order a change of venue or place of trial to avoid a miscarriage of justice. The maintenance of peace and order, the protection of life, liberty, and property, and the promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy. SECTION 20. SECTION 8. The Congress shall provide, for such period as it may determine, measures to prohibit logging in endangered forests and watershed areas. It is democratic because the soverignty resides in the people. (2) Academic freedom shall be enjoyed in all institutions of higher learning. (1) The civil service embraces all branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned or controlled corporations with original charters. Appropriations for the Judiciary may not be reduced by the legislature below the amount appropriated for the previous year and, after approval, shall be automatically and regularly released. Constitution Day in the Philippines Date in the current year: February 2, 2021 Every country has it's own Constitution Day. If at the beginning of the term of the President, the President-elect shall have died or shall have become permanently disabled, the Vice-President-elect shall become President. The component cities and municipalities shall retain their basic autonomy and shall be entitled to their own local executives and legislative assemblies. SECTION 13. The Constitutional Commissions, which shall be independent, are the Civil Service Commission, the Commission on Elections, and the Commission on Audit. The Congress may provide for other cases of violations of human rights that should fall within the authority of the Commission, taking into account its recommendations. (6) Temporary employees of the Government shall be given such protection as may be provided by law. (2) A verified complaint for impeachment may be filed by any Member of the House of Representatives or by any citizen upon a resolution of endorsement by any Member thereof, which shall be included in the Order of Business within ten session days, and referred to the proper Committee within three session days thereafter. SECTION 6. He may be removed from office in the same manner as the President. The Supreme Court shall provide in its annual budget the appropriations for the Council. SECTION 17. 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. However, where the internal control system of the audited agencies is inadequate, the Commission may adopt such measures, including temporary or special pre-audit, as are necessary and appropriate to correct the deficiencies. SECTION 22. (1) No person shall be held to answer for a criminal offense without due process of law. The Chairman of the Commission shall not vote, except in case of a tie. SECTION 6. SECTION 18. (4) Each House 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 3. • International law Sec 2 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 SECTION 7. SECTION 2. It was proclaimed in force on February 11, 1987. konstítusyón: salígang batás. ARTICLE VIII Judicial Department SECTION 1. SECTION 19. SECTION 21. SECTION 12. Government-owned or controlled corporations may be created or established by special charters in the interest of the common good and subject to the test of economic viability. The State shall recognize, respect, and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions. SECTION 17. The Congress may create a consultative body to advise the President on policies affecting indigenous cultural communities, the majority of the members of which shall come from such communities. SECTION 6. SECTION 28. The State shall conserve, promote, and popularize the nation’s historical and cultural heritage and resources, as well as artistic creations. SECTION 15. SECTION 1. Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant reprieves, commutations and pardons, and remit fines and forfeitures, after conviction by final judgment. All other public officers and employees may be removed from office as provided by law, but not by impeachment. The answer lies in “as may be defined by law.” Specifically, there is no “enabling law” that will allow this specific provision to be implemented. The President shall notify the Congress of every contract entered into in accordance with this provision, within thirty days from its execution. (8) Promulgate its rules of procedure and exercise such other powers or perform such functions or duties as may be provided by law. At the earliest possible time, the Government shall expropriate idle or abandoned agricultural lands as may be defined by law, for distribution to the beneficiaries of the agrarian reform program. (2) Appointments in the civil service shall be made only according to merit and fitness to be determined, as far as practicable, and, except to positions which are policy-determining, primarily confidential, or highly technical, by competitive examination. SECTION 2. Such appointments shall require no confirmation. (4) The State shall enhance the right of teachers to professional advancement. The first elections of Members of the Congress under this Constitution shall be held on the second Monday of May, 1987. konstítusyón: mga batayang prinsipyo na gumagabay … No transfer or disposition of such lands or real rights shall be allowed until after the lapse of one year from the ratification of this Constitution. There shall be created autonomous regions in Muslim Mindanao and in the Cordilleras consisting of provinces, cities, municipalities, and geographical areas sharing common and distinctive historical and cultural heritage, economic and social structures, and other relevant characteristics within the framework of this Constitution and the national sovereignty as well as territorial integrity of the Republic of the Philippines. (4) Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of the Government, including the Armed Forces of the Philippines, for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections. SECTION 3. The separation of Church and State shall be inviolable. The President and the Vice-President shall be elected by direct vote of the people for a term of six years which shall begin at noon on the thirtieth day of June next following the day of the election and shall end at noon of the same date six years thereafter. This Constitution shall take effect immediately upon its ratification by a majority of the votes cast in a plebiscite held for the purpose and shall supersede all previous Constitutions. The current Philippines constitution has many essential provisions, including declaring the country a democratic state, youths and women's functions in the development of the … 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 Legislative power is exercised by the Congress of the Philippines which comprise of two chambers, namely the House of Representatives which is the lower chamber and the Senate which is the upper chamber. Before they enter on the execution of their office, the President, the Vice-President, or the Acting President shall take the following oath or affirmation: “I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as President (or Vice-President or Acting President) 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. Unless otherwise allowed by law or by the primary functions of his position, no appointive official shall hold any other office or employment in the Government or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries. (2) A majority of each House 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 such House may provide. Acts of the US Congress; Philippine Organic Act of 1902; Philippine Autonomy Act of 1916 4. The form, content, and manner of preparation of the budget shall be prescribed by law. The State shall promote the preferential use of Filipino labor, domestic materials and locally produced goods, and adopt measures that help make them competitive. Interpellations shall not be limited to written questions, but may cover matters related thereto. SECTION 13. 3 dated March 25, 1986 in relation to the recovery of ill-gotten wealth shall remain operative for not more than eighteen months after the ratification of this Constitution. Two months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety. It shall keep a regular force necessary for the security of the State. If the person cannot afford the services of counsel, he must be provided with one. ARTICLE XIV Education, Science and Technology, Arts, Culture & Sports SECTION 19. (d) All criminal cases in which the penalty imposed is reclusion perpetua or higher. The President shall communicate his veto of any bill to the House where it originated within thirty days after the date of receipt thereof; otherwise, it shall become a law as if he had signed it. (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. (5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged. A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ. (6) Publicize matters covered by its investigation when circumstances so warrant and with due prudence. Feb 2, 2016 9:48 AM PHT. The State shall encourage equity participation in public utilities by the general public. The Civil Service Commission, as the central personnel agency of the Government, shall establish a career service and adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service. Until the Congress provides otherwise, the President shall receive an annual salary of three hundred thousand pesos; the Vice-President, the President of the Senate, the Speaker of the House of Representatives, and the Chief Justice of the Supreme Court, two hundred forty thousand pesos each; the Senators, the Members of the House of Representatives, the Associate Justices of the Supreme Court, and the Chairmen of the Constitutional Commissions, two hundred four thousand pesos each; and the Members of the Constitutional Commissions, one hundred eighty thousand pesos each. SECTION 12. A similar plan shall be adopted for all special courts and quasi-judicial bodies. SECTION 7. SECTION 18. SECTION 1. SECTION 8. The State shall provide the policy environment for the full development of Filipino capability and the emergence of communication structures suitable to the needs and aspirations of the nation and the balanced flow of information into, out of, and across the country, in accordance with a policy that respects the freedom of speech and of the press. (3) At the option expressed in writing by the parents or guardians, religion shall be allowed to be taught to their children or wards in public elementary and high schools within the regular class hours by instructors designated or approved by the religious authorities of the religion to which the children or wards belong, without additional cost to the Government. (3) Each House may determine the rules of its proceedings, punish its Members for disorderly behavior, and, with the concurrence of two-thirds of all its Members, suspend or expel a Member. SECTION 5. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Appointments extended by an Acting President shall remain effective, unless revoked by the elected President within ninety days from his assumption or reassumption of office. (2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. These rights cannot be waived except in writing and in the presence of counsel. Unless otherwise provided by this Constitution or by law, any decision, order, or ruling of each Commission may be brought to the Supreme Court on certiorari by the aggrieved party within thirty days from receipt of a copy thereof. The fact is, the Philippines is the worst performing in our area of the world, both on the economy and on handling the pandemic," he said. The sequestration or freeze order is deemed automatically lifted if no judicial action or proceeding is commenced as herein provided. The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the election, returns, and qualifications of the President or Vice- President, and may promulgate its rules for the purpose. SECTION 8. The 1987 Philippine Constitution is rigid while the constitution of the Scandinavian state of Sweden is considered as flexible. SECTION 5. The use of property bears a social function, and all economic agents shall contribute to the common good. Information on foreign loans obtained or guaranteed by the Government shall be made available to the public. SECTION 2. The State shall establish a special agency for disabled persons for rehabilitation, self-development and self-reliance, and their integration into the mainstream of society. Its final draft was completed by the Constitutional Commission on October 12, 1986 and was ratified by a nationwide plebiscite on February 2, 1987. SECTION 14. SECTION 12. The State shall give priority to research and development, invention, innovation, and their utilization; and to science and technology education, training, and services. The Philippines celebrate it on February 2, that is the anniversary of adoption of the 1987 Constitution. SECTION 17. SECTION 15. Legislative bodies of local governments shall have sectoral representation as may be prescribed by law. The State values the dignity of every human person and guarantees full respect for human rights. SECTION 7. SECTION 5. The State shall protect the nation’s marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens. SECTION 26. (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 1. (3) The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall keep a record of its proceedings. vs. Ochoa, et al. The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent in or directly connected with the invasion. SECTION 21. SECTION 7. 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 Commission on Appointments shall meet only while the Congress is in session, at the call of its Chairman or a majority of all its Members, to discharge such powers and functions as are herein conferred upon it. (5) The right to self-organization shall not be denied to government employees. 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. Its goal is to secure the sovereignty of the State and the integrity of the national territory. The existing Tanodbayan shall hereafter be known as the Office of the Special Prosecutor. All content is in the public domain unless otherwise stated.

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