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The 1987 Philippine Constitution: Key Provisions on Governance, Elections, and Rights, Lecture notes of Public Law

A concise overview of key provisions from the 1987 philippine constitution, focusing on areas such as governance, elections, and fundamental rights. It outlines the structure of the government, including the legislative, executive, and judicial branches, and details the terms and qualifications for elected officials. The document also highlights provisions related to the electoral process, including the scheduling of elections and the term limits for elected representatives. Additionally, it covers important provisions on fundamental rights, such as the right to culture, the right to enjoy the benefits of science, and the protection of victim's rights.

Typology: Lecture notes

2024/2025

Available from 03/02/2025

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PDF generated: 31 Mar 2021, 16:16
This complete constitution has been generated from excerpts of texts from the repository of the
Comparative Constitutions Project, and distributed on constituteproject.org.
constituteproject.org
Philippines's Constitution of
1987
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PDF generated: 31 Mar 2021, 16:

This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org.

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Philippines's Constitution of

Table of contents

Preamble..................................................... 3

ARTICLE I: NATIONAL TERRITORY.................................. 3

ARTICLE II: DECLARATION OF PRINCIPLES AND STATE POLICIES

PRINCIPLES

ARTICLE III: BILL OF RIGHTS...................................... 6

ARTICLE IV: CITIZENSHIP........................................ 9

ARTICLE V: SUFFRAGE......................................... 10

ARTICLE VI: LEGISLATIVE DEPARTMENT............................ 10

ARTICLE VII: EXECUTIVE DEPARTMENT............................ 17

ARTICLE VIII: JUDICIAL DEPARTMENT............................. 22

ARTICLE IX: CONSTITUTIONAL COMMISSIONS....................... 26

A. COMMON PROVISIONS................................................. 26

B. THE CIVIL SERVICE COMMISSION.......................................... 28

C. THE COMMISSION ON ELECTIONS......................................... 29

D. THE COMMISSION ON AUDIT............................................. 32

ARTICLE X: LOCAL GOVERNMENT................................. 33

ARTICLE XI: ACCOUNTABILITY OF PUBLIC OFFICERS.................. 37

ARTICLE XII: NATIONAL ECONOMY AND PATRIMONY................. 41

ARTICLE XIII: SOCIAL JUSTICE AND HUMAN RIGHTS................... 45

ARTICLE XIV: EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE,

AND SPORTS

ARTICLE XV: THE FAMILY....................................... 53

ARTICLE XVI: GENERAL PROVISIONS.............................. 54

ARTICLE XVII: AMENDMENTS OR REVISIONS........................ 56

ARTICLE XVIII: TRANSITORY PROVISIONS........................... 57

personal military or civil service.

  • Right to life Sec 5
  • Right to own property

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.

  • Inalienable rights Sec 6
  • Separation of church and state

The separation of Church and State shall be inviolable.

  • Right to self determination Sec 7

The State shall pursue an independent foreign policy. In its relations with other states the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination.

Sec 8

The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.

Sec 9

The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all.

Sec 10

The State shall promote social justice in all phases of national development.

  • Human dignity Sec 11

The State values the dignity of every human person and guarantees full respect for human rights.

  • Rights of children Sec 12
  • Right to life

The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the young for civic efficiency and the development of moral character shall receive the support of the Government.

  • Rights of children Sec 13

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. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.

  • Equality regardless of gender Sec 14

The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.

  • Right to health care Sec 15

The State shall protect and promote the right to health of the people and instill health consciousness among them.

  • Protection of environment Sec 16

The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.

  • Reference to art Sec 17
  • Right to culture

The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development.

Sec 18

The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.

Sec 19

The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos.

Sec 20

The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments.

Sec 21

The State shall promote comprehensive rural development and agrarian reform.

  • Right to culture Sec 22
  • Indigenous right to self governance

The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development.

Sec 23

The State shall encourage non-governmental, community-based, or sectoral organizations that promote the welfare of the nation.

  • Freedom of assembly Sec 4
  • Freedom of expression
  • Right of petition
  • Freedom of press No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.
  • Equality regardless of religion Sec 5
  • Freedom of religion
  • Official religion 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.
  • Freedom of movement Sec 6

The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.

  • Right to information Sec 7

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, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.

  • Freedom of association Sec 8
  • Right to join trade unions

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.

  • Protection from expropriation Sec 9

Private property shall not be taken for public use without just compensation.

Sec 10

No law impairing the obligation of contracts shall be passed.

  • Right to counsel Sec 11

Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.

  • Regulation of evidence collection Sec 12
  • Protection from self-incrimination 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. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.
  • Right to counsel

2. No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.

  • Prohibition of torture 3. Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him. 4. The law shall provide for penal and civil sanctions of violations of this section as well as compensation to and rehabilitation of victims of torture or similar practices, and their families.
  • Protection of victim's rights
  • Regulation of evidence collection Sec 13
  • Protection from unjustified restraint
  • Right to pre-trial release All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient securities, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.
  • Regulation of evidence collection Sec 14 1. No person shall be held to answer for a criminal offense without due process of law.
  • Guarantee of due process 2. 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 unjustifiable.
  • Right to examine evidence/witnesses
  • Right to fair trial
  • Presumption of innocence in trials
  • Right to public trial
  • Right to speedy trial
  • Protection from unjustified restraint Sec 15

The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety requires it.

  • Right to speedy trial Sec 16

All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.

  • Protection from self-incrimination Sec 17

No person shall be compelled to be a witness against himself.

Sec 18

1. No person shall be detained solely by reason of his political beliefs and aspirations. 2. No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted.

  • Prohibition of slavery
  • Right to renounce citizenship Sec 4

Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission they are deemed, under the law, to have renounced it.

Sec 5

Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.

ARTICLE V: SUFFRAGE

  • Restrictions on voting Sec 1

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. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage.

  • Secret ballot Sec 2
  • Restrictions on voting

The Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a system for absentee voting by qualified Filipinos abroad. The Congress shall also design a procedure for the disabled and the illiterates to vote without the assistance of other persons. Until then, they shall be allowed to vote under existing laws and such rules as the Commission on Elections may promulgate to protect the secrecy of the ballot.

ARTICLE VI: LEGISLATIVE DEPARTMENT

  • Structure of legislative chamber(s) Sec 1
  • Legislative initiatives by citizens
  • Referenda The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum.
  • Structure of legislative chamber(s) Sec 2
  • Size of second chamber
  • Second chamber selection The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law.
  • Minimum age for second chamber Sec 3
  • Eligibility for second chamber

No person shall be a Senator unless he is a natural-born citizen of the Philippines, and, on the day of the election, is at least thirty-five years of age, able to read and write, a registered voter, and a resident of the Philippines for not less than two years immediately preceding the day of the election.

  • Scheduling of elections Sec 4
  • Term length of second chamber
  • Term limits of second chamber The term of office of the Senators shall be six years and shall commence, unless otherwise provided by law, at noon on the thirteenth day of June next following their election. No Senator shall serve for more than two consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.

Sec 5

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 of organizations.

  • Structure of legislative chamber(s)
  • Size of first chamber
  • First chamber selection 2. The party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party list. 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.
  • First chamber representation quotas
  • First chamber selection 3. Each legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent territory. Each city with a population of at least two hundred fifty thousand, or each province, shall have at least one representative.
  • First chamber selection 4. Within three years following the return of every census, the Congress shall make a reapportionment of legislative districts based on the standards provided in this section.
  • Census
  • Electoral districts
  • First chamber selection
  • Minimum age for first chamber Sec 6
  • Eligibility for first chamber

No person shall be a Member of the House of Representatives 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, and, except the party-list representatives, a registered voter in the district in which he shall be elected, and a resident thereof for a period of not less than one year immediately preceding the day of the election.

  • Term length for first chamber Sec 7
  • Term limits for first chamber

The Members of the House of Representatives shall be elected for a term of three years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. No Member of the House of Representatives shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.

  • Extraordinary legislative sessions Sec 15
  • Length of legislative sessions

The 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 for such number of days as it may determine until thirty days before the opening of its next regular session, exclusive of Saturdays, Sundays, and legal holidays. The President may call a special session at any time.

Sec 16

1. The Senate shall elect its President and the House of Representatives its Speaker, by a majority vote of all its respective Members.

  • Leader of first chamber
  • Leader of second chamber

Each House shall choose such other officers as it may deem necessary.

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.

  • Attendance by legislators
  • Quorum for legislative sessions 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. A penalty of suspension, when imposed, shall not exceed sixty days.
  • Removal of individual legislators 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.
  • Publication of deliberations
  • Secrecy of legislative votes

Each House shall also keep a Record of its proceedings.

5. Neither House during the sessions of the Congress shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.

  • Electoral court powers Sec 17
  • Electoral court selection

The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective Members. Each Electoral Tribunal shall be composed of nine Members, three of whom shall be Justices of the Supreme Court to be designated by the Chief Justice, and the remaining six shall be Members of the Senate or the House of Representatives, as the case may be, who shall be chosen on the basis of proportional representation from the political parties and the parties or organizations registered under the party-list system represented therein. The senior Justice in the Electoral Tribunal shall be its Chairman.

  • Legislative committees Sec 18

There shall be a Commission on Appointments consisting of the President of the Senate, as ex officio Chairman, twelve Senators, and twelve Members of the House of Representatives, elected by each House on the basis of proportional representation from the political parties and parties or organizations registered under the party-list system represented therein. The Chairman of the Commission shall not vote, except in case of a tie. The Commission shall act on all appointments submitted to it within thirty session days of the Congress from their submission. The Commission shall rule by a majority vote of all the Members.

Sec 19

The Electoral Tribunals and the Commission on Appointments shall be constituted within thirty days after the Senate and the House of Representatives shall have been organized with the election of the President and the Speaker. 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.

Sec 20

The records and books of accounts of the Congress shall be preserved and be open to the public in accordance with law, and such books shall be audited by the Commission on Audit which shall publish annually an itemized list of amounts paid to and expenses incurred for each Member.

  • Legislative committees Sec 21

The Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in or affected by such inquiries shall be respected.

  • Legislative oversight of the executive Sec 22

The heads of departments may upon their own initiative, with the consent of the President, or upon the request of either House, as the rules of each House shall provide, appear before and be heard by such House on any matter pertaining to their departments. Written questions shall be submitted to the President of the Senate or the Speaker of the House of Representatives at least three days before their scheduled appearance. Interpellations shall not be limited to written questions, but may cover matters related thereto. When the security of the State or the public interest so requires and the President so states in writing, the appearance shall be conducted in executive session.

  • Designation of commander in chief Sec 23
  • Power to declare/approve war 1. The Congress, by a vote of two-thirds of both Houses in joint session assembled, voting separately, shall have the sole power to declare the existence of a state of war. 2. In times of war or other national emergency, the 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 the Congress, such powers shall cease upon the next adjournment thereof.
  • Emergency provisions
  • Division of labor between chambers Sec 24
  • Initiation of general legislation
  • First chamber reserved policy areas
  • Spending bills
  • Tax bills All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local application, and private bills shall originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments.

Sec 27

1. Every bill passed by the 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 the House where it originated, which shall enter the objections at large in its Journal and proceed to reconsider it. 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. In all such cases, the votes of each House shall be determined by yeas or nays, and the names of the Members voting for or against shall be entered in its Journal. 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.

  • Division of labor between chambers
  • Approval of general legislation
  • Initiation of general legislation
  • Veto override procedure 2. The President shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object.
  • Approval of general legislation

Sec 28

1. The rule of taxation shall be uniform and equitable. The Congress shall evolve a progressive system of taxation. 2. The 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 within the framework of the national development program of the Government. 3. Charitable institutions, churches and parsonages or convents appurtenant thereto, mosques, non-profit cemeteries, and all lands, buildings, and improvements, actually, directly, and exclusively used for religious, charitable, or educational purposes shall be exempt from taxation.

  • Tax status of religious organizations 4. No law granting any tax exemption shall be passed without the concurrence of a majority of all the Members of the Congress.

Sec 29

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 be appropriated, applied, paid, or employed, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or of any priest, preacher, minister, or other religious teacher, or dignitary as such, except when such priest, preacher, minister, or dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium. 3. All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only. If the purpose for which a special fund was created has been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of the Government.

Sec 30

No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in this Constitution without its advice and concurrence.

Sec 31

No law granting a title of royalty or nobility shall be enacted.

  • Legislative initiatives by citizens Sec 32
  • Referenda

The Congress shall, as early as possible, provide for a system of initiative and referendum, and the exceptions therefrom, whereby the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body after the registration of a petition therefor signed by at least ten per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters thereof.

ARTICLE VII: EXECUTIVE DEPARTMENT

  • Name/structure of executive(s) Sec 1

The executive power shall be vested in the President of the Philippines.

  • Finance bills Sec 2
  • Foreign affairs representative
  • Minimum age of head of state
  • Eligibility for head of state No person may be elected President unless he is a natural-born citizen of the Philippines, a registered voter, able to read and write, at least forty years of age on the day of the election, and a resident of the Philippines for at least ten years immediately preceding such election.
  • Deputy executive Sec 3

There shall be a Vice-President who shall have the same qualifications and term of office and be elected with and in the same manner as the President. He may be removed from office in the same manner as the President. The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires no confirmation.

  • Head of state selection Sec 4

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. The President shall not be eligible for any reelection. No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time.

  • Head of state term length
  • Head of state term limits

No Vice-President shall serve for more than two successive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of the service for the full term for which he was elected.

  • Head of state term limits

Unless otherwise provided by law, the regular election for President and Vice-President shall be held on the second Monday of May.

  • Scheduling of elections

The Congress shall, by law, provide for the manner in which one who is to act as President shall be selected until a President or a Vice-President shall have qualified, in case of death, permanent disability, or inability of the officials mentioned in the next preceding paragraph.

  • Head of state replacement Sec 8

In case of death, permanent disability, removal from office, or resignation of the President, the Vice-President shall become the President to serve the unexpired term. In case of death, permanent disability, removal from office, or resignation of both the President and Vice-President, the President of the Senate or, in case of his inability, the speaker of the House of Representatives, shall then act as President until the President or Vice-President shall have been elected and qualified. The Congress shall, by law, provide who shall serve as President in case president of death, permanent disability, or resignation of the Acting President. He shall serve until the President or Vice-President shall have been elected and qualified, and be subject to the same restrictions of powers and disqualifications as the Acting President.

Sec 9

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.

Sec 10

The Congress shall, at ten o'clock in the morning of the third day after the vacancy in the offices of the President and Vice-President occurs, convene in accordance with its rules without need of a call and within seven days enact a law calling for a special election to elect a President and a Vice-President to be held not earlier than forty-five days nor later than sixty days from the time of such call. 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. Appropriations for the special election shall be charged against any current appropriations and shall be exempt from the requirements of paragraph 4, Section 25, Article VI of this Constitution. The convening of the Congress cannot be suspended nor the special election postponed. No special election shall be called if the vacancy occurs within eighteen months before the date of the next presidential election.

Sec 11

Whenever the President transmits to the President of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice-President as Acting President. Whenever a majority of all the Members of the Cabinet transmit to the President of the Senate and to the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice-President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President of the Senate and to the Speaker of the House of Representatives his written declaration that no inability exists, he shall reassume the powers and duties of his office. Meanwhile, should a majority of all the Members of the Cabinet transmit within five days to the President of the Senate and to the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Congress shall decide the issue. For that purpose, the Congress shall convene, if it is not in session, within forty-eight hours, in accordance with its rules and without need of call. If the Congress, within ten days after receipt of the written declaration or, if not in session, within twelve days after it is required to assemble, determines by a two-thirds vote of both Houses, voting separately, that the President is unable to discharge the powers and duties of his office, the Vice-President shall act as President; otherwise, the President shall continue exercising the powers and duties of his office.

Sec 12

In case of serious illness of the President, the public shall be informed of the state of his health. The Members of the Cabinet in charge of national security and foreign relations and the Chief of Staff of the Armed Forces of the Philippines, shall not be denied access to the President during such illness.

  • Establishment of cabinet/ministers Sec 13
  • Eligibility for cabinet
  • Eligibility for head of state The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall not, unless otherwise provided in this Constitution, hold any other office or employment during their tenure. They shall not, during said tenure, directly or indirectly, practice any other profession, participate in any business, or be financially interested 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 or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of their office. The spouse and relatives by consanguinity or affinity within the fourth civil degree of the President shall not during his tenure be appointed as Members of the Constitutional Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including government-owned or controlled corporations and their subsidiaries.
  • Cabinet removal Sec 14

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.

Sec 15

Two months immediately before the next presidential elections and up 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.