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PHILIPPINE CONSTITUTION SUMMARY (viz., members of the Katipunan) were able to take part, and
REPORT ON PHILIPPINE CONSTITUTION not the general populace.

________________________________________________ A later meeting of the revolutionary government


______________________________ established there, held on November 1, 1897 at Biak-na-
Bato in the town of San Miguel de Mayumo in Bulacn,
What is a constitution? established the Republic of Biak-na-Bato. The republic had
a constitution drafted by Isabelo Artacho and Flix Ferrer
A constitution is a set of fundamental principles or and based on the first Cuban ConstitutionIt is known as the
established precedents according to which a state or other "Constitucin Provisional de la Repblica de Filipinas", and
organization is governed. was originally written in and promulgated in the Spanish
________________________________________________ and Tagalog languages.
______________________________
2. The 1899 Malolos Constitution
Why is it important?
The Malolos Constitution was the first republican
It is the framework and basis of all other laws. constitution in Asia.
It outlines the rights of the citizens. It declared that sovereignty resides exclusively in the
It protects us from unlawful persecutions even from our people, stated basic civil rights, separated the church and
own government. state, and called for the creation of an Assembly of
________________________________________________ Representatives to act as the legislative body.
______________________________ It also called for a parliamentary republic as the form of
government.
The president was elected for a term of four years by a
What is the Philippine Constitution? majority of the Assembly.
It was titled "Constitucin poltica", and was written in
The Constitution of the Philippines Spanish following the declaration of independence from
Also called Saligang Bats ng Pilipinas, Spain, proclaimed on January 20, 1899, and was enacted
popularly known as the 1987 Constitution, and ratified by the Malolos Congress, a Congress held in
is the constitution or supreme law of the Republic of the Malolos, Bulacan.
Philippines
adopted on October 15, 1986 and
ratified on February 2, 1987 3. Acts of the United States Congress
under President Corazn C. Aquino
The Philippines was a United States Territory from
Philippine constitutional law experts recognize three other December 10, 1898 to March 24, 1934 and therefore under
previous constitutions as having effectively governed the the jurisdiction of the Federal Government of the United
country States.
the 1935 Commonwealth Constitution, Two acts of the United States Congress passed during this
the 1973 Constitution, and the 1986 Freedom period can be considered Philippine constitutions in that
Constitution those acts defined the fundamental political principles and
________________________________________________ established the structure, procedures, powers and duties of
______________________________ the Philippine government.

4. Philippine Organic Act of 1902


What is the timeline of the Philippine Constitution?
The Philippine Organic Act of 1902, sometimes known as
1. The 1897 Constitution of Biak-na-Bato the "Philippine Bill of 1902", was the first organic law for the
Philippine Islands enacted by the United States Congress. It
The Katipunan's revolution led to the Tejeros Convention provided for the creation of a popularly elected Philippine
where, at San Francisco de Malabn, Cavite, on March 22, Assembly, and specified that legislative power would be
1897, the first presidential and vice presidential elections in vested in a bicameral legislature composed of the Philippine
Philippine history were heldalthough only Katipuneros Commission (upper house) and the Philippine Assembly
(lower house). Its key provisions included a bill of rights for
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the Filipinos and the appointment of two non-voting A Constitutional Convention was held in 1971 to rewrite the
Filipino Resident Commissioner of the Philippines to 1935 Constitution. The convention was stained with
represent the Philippines in the United States House of manifest bribery and corruption. Possibly the most
Representatives. controversial issue was removing the presidential term limit
so that Ferdinand E. Marcos could seek election for a third
term, which many felt was the true reason for which the
5. Philippine Autonomy Act of 1916 convention was called. In any case, the 1935 Constitution
was suspended in 1972 with Marcos' proclamation of
The Philippine Autonomy Act of 1916, sometimes known as martial law, the rampant corruption of the constitutional
"Jones Law", modified the structure of the Philippine process providing him with one of his major premises for
government by removing the Philippine Commission as the doing so.
legislative upper house and replacing it with a Senate
elected by Filipino voters, creating the Philippines' first fully 8. The 1943 Constitution
elected national legislature. This act also explicitly stated
that it was and had always been the purpose of the people
of the United States to end their sovereignty over the Jos P. Laurel, President of the Second Philippine Republic,
Philippine Islands and to recognise Philippine independence addresses the National Assembly at what is now the Old
as soon as a stable government can be established therein. Legislative Building to approve the 1943 Constitution.
The 1943 Constitution was drafted by a committee
6. TydingsMcDuffie Act (1934) appointed by the Philippine Executive Commission, the
body established by the Japanese to administer the
Though not a constitution itself, the TydingsMcDuffie Act Philippines in lieu of the Commonwealth of the Philippines
of 1934 provided authority and defined mechanisms for the which had established a government-in-exile. In mid-1942
establishment of a formal constitution via a constitutional Japanese Premier Hideki Tj had promised the Filipinos
convention.The 1935 Constitution[edit] "the honor of independence" which meant that the
commission would be supplanted by a formal republic.
7. Constitution of the Philippines (1935) The Preparatory Committee for Philippine Independence
The 1935 Constitution was written in 1934, approved and tasked with drafting a new constitution was composed in
adopted by the Commonwealth of the Philippines (1935 large part, of members of the prewar National Assembly
1946) and later used by the Third Republic (19461972). It and of individuals with experience as delegates to the
was written with an eye to meeting the approval of the convention that had drafted the 1935 Constitution. Their
United States Government as well, so as to ensure that the draft for the republic to be established under the Japanese
U.S. would live up to its promise to grant the Philippines Occupation, however, would be limited in duration, provide
independence and not have a premise to hold onto its for indirect, instead of direct, legislative elections, and an
possession on the grounds that it was too politically even stronger executive branch.
immature and hence unready for full, real independence.
The Preamble reads: Upon approval of the draft by the Committee, the new
"The Filipino people, imploring the aid of Divine charter was ratified in 1943 by an assembly of appointed,
Providence, in order to establish a government that shall provincial representatives of the Kalibapi, the organization
embody their ideals, conserve and develop the patrimony established by the Japanese to supplant all previous
of the nation, promote the general welfare, and secure to political parties. Upon ratification by the Kalibapi assembly,
themselves and their posterity the blessings of the Second Republic was formally proclaimed (19431945).
independence under a regime of justice, liberty, and Jos P. Laurel was appointed as President by the National
democracy, do ordain and promulgate this constitution." Assembly and inaugurated into office in October 1943.
Laurel was highly regarded by the Japanese for having
The original 1935 Constitution provided for unicameral openly criticised the US for the way they ran the Philippines,
National Assembly and the President was elected to a six- and because he had a degree from Tokyo International
year term without re-election. It was amended in 1940 to University.
have a bicameral Congress composed of a Senate and
House of Representatives, as well the creation of an The 1943 Constitution remained in force in Japanese-
independent electoral commission. The Constitution now controlled areas of the Philippines, but was never
granted the President a four-year term with a maximum of recognized as legitimate or binding by the governments of
two consecutive terms in office. the United States or of the Commonwealth of the
Philippines and guerrilla organizations loyal to them. In late
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1944, President Laurel declared a state of war existed with Executive power was meant to be exercised by the Prime
the United States and the British Empire and proclaimed Minister who was also elected from amongst the sitting
martial law, essentially ruling by decree. His government in Assemblymen. The Prime Minister was to be the head of
turn went into exile in December 1944, first to Taiwan and government and Commander-in-Chief of the Armed Forces.
then Japan. After the announcement of Japan's surrender, This constitution was subsequently amended four times
Laurel formally dissolved the Second Republic. (arguably five, depending on how one considers
The Preamble reads: Proclamation 3 of 1986, see below).
"The Filipino people, imploring the aid of Divine From 1617 October 1976, a majority of barangay voters
Providence and desiring to lead a free national existence, (also called "Citizen Assemblies") approved that martial law
do hereby proclaim their independence, and in order to should be continued and ratified the amendments to the
establish a government that shall promote the general Constitution proposed by President Marcos.
welfare, conserve and develop the patrimony of the Nation,
and contribute to the creation of a world order based on 10. The 1986 Freedom Constitution
peace, liberty, and moral justice, do ordain this
Constitution." Immediately following the 1986 People Power Revolution
The 1943 Constitution provided strong executive powers. that ousted Marcos, President Corazon C. Aquino issued
The Legislature consisted of a unicameral National Proclamation 3 as a provisional constitution. It adopted
Assembly and only those considered to be anti-US could certain provisions from the 1973 Constitution while
stand for election, although in practice most legislators abolishing others. It granted the President broad powers to
were appointed rather than elected. reorganise government and remove officials, as well as
Until the 1960s, the Second Republic and its officers, were mandating the President to appoint a commission to draft
not viewed as a legitimate Philippine government or as a new, more formal Constitution. This document, described
having any standing, with the exception of the Supreme above, supplanted the "Freedom Constitution" upon its
Court, whose decisions, limited to reviews of criminal and ratification in 1987.
commercial cases as part of a policy of discretion by Chief
Justice Jos Yulo continued to be part of the official records. Background of the 1987 Constitution.
This was made easier by the Commonwealth government-
in-exile never constituting a Supreme Court, and the formal On March 25, 1986, following the People Power Revolution
vacancy in the position of Chief Justice for the which ousted Ferdinand E. Marcos as President, and
Commonwealth with the execution of Jos Abad Santos by following on her own inauguration, Corazon C. Aquino
the Japanese). It was only during the Macapagal issued Proclamation 3, declaring a national policy to
administration that a partial political rehabilitation of the implement the reforms mandated by the people, protecting
Japanese-era republic took place, with the official their basic rights, adopting a provisional constitution, and
recognition of Laurel as a former president and the addition providing for an orderly transition to a government under a
of his cabinet and other officials to the roster of past new constitution. On April 23, President Aquino issued
government officials. However, the 1943 Constitution was Proclamation 9, creating a Constitutional Commission
not taught in schools, and the laws of the 1943-44 National (popularly known as the "ConCom") to frame a new charter
Assembly never recognized as valid or relevant. to supersede the Marcos-era 1973 Constitution. Aquino
appointed 50 members to the Commission; the members
9. The 1973 Constitution were drawn from varied backgrounds, including several
former congressmen, former Supreme Court Chief Justice
The 1973 Constitution, promulgated after Marcos' Roberto Concepcin, Roman Catholic bishop Teodoro
declaration of martial law, but having been in the planning Bacani, and film director Lino Brocka. Aquino also
process for years before this, was supposed to introduce a deliberately appointed five members, including former
parliamentary-style government. Legislative power was Labour Minister Blas Ople, who had been allied with Marcos
vested in a unicameral National Assembly whose members until the latter's ouster. After the Commission had
were elected for six-year terms. The President was ideally convened, it elected Cecilia Muoz-Palma as its president.
elected as the symbolic and purely ceremonial head of state Muoz-Palma had emerged as a leading figure in the anti-
chosen from amongst the Members of the National Marcos opposition movement following her retirement as
Assembly for a six-year term and could be re-elected to an the first female Associate Justice of the Supreme Court. The
unlimited number of terms. Upon election, the President Commission finished the draft charter within four months
ceased to be a Member of the National Assembly. During after convening. Several issues were heatedly debated
his term, the President was not allowed to be a member of during the sessions, including on the form of government to
a political party or hold any other office. adopt, the abolition of the death penalty, the continued
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retention of the Clark and Subic American military bases, Freedom from Nuclear Weapon (Section 8)
and the integration of economic policies into the Just and Dynamic Social order and Social Justice (Section 9
Constitution. Brocka would walk out of the Commission and 10)
before its completion, and two other delegates would Family as the Basic Autonomous Unit (Section 12)
dissent from the final draft. The ConCom completed their Role of the Youth and Women in Nation-Building (Section
task on October 12, 1986 and presented the draft 13 and 14)
constitution to President Aquino on October 15, 1986. The affirmation of labor "as a primary social economic
force" (Section 14)
11. Constitution of the Philippines (1987) Autonomy of local governments (Section 25)
Prohibition of Political dynasty and adoption of measures
The Constitution is divided into a Preamble and 18 parts against graft and corruption (Section 26 and 27)
called Articles.
Preamble Article III Bill of Rights
The Preamble introduces the Constitution, identifies the Article III, known as the Bill of Rights, enumerates the
author and the purposes of the fundamental law and aids specific protections against State power. Many of these
the authorities in the interpretation of the Constitution guarantees are similar to those provided in the United
since it lays down the visions of the government. The States Constitution, including the:
Preamble reads: The right to due process and equal protection (Section 1)
We, the sovereign Filipino people, imploring the aid of The right against searches and seizures without a warrant
Almighty God, in order to build a just and humane society (See Fourth Amendment to the United States Constitution)
and establish a Government that shall embody our ideals (Section 2)
and aspirations, promote the common good, conserve and The right to privacy (Section 3)
develop our patrimony, and secure to ourselves and our The right to free speech and expression, free press, freedom
posterity the blessings of independence and democracy of assembly and the right to petition (Section
under the rule of law and a regime of truth, justice, The free exercise of religion (Section 5)
freedom, love, equality, and peace, do ordain and The right of abode and right to travel (Secton 6)
promulgate this Constitution. The right to information on matters of public concern
(Section 7)
Article I National Territory The right to form associations (Section 8)
Article I specifies that the Philippines is an archipelago and Protection against impairment of contractual obligations
that the Philippines territory consists of the islands and (Section 10)
waters embraced therein, all other territories which the The right to free access to courts (Section 11)
Philippines has sovereignty or jurisdiction, and the The right to be informed of his right to remain silent and to
terrestrial, fluvial and aerial domains including the have competent and independent counsel (Section 12)
territorial sea, the seabed, the subsoil, the insular shelves The right to bail & against excessive bail (Section 13)
and other submarine areas. It also specifies that the waters The rights of the accused (Section 14)
around, between, and connecting the islands of the The right to habeas corpus. (Section 15)
archipelago, regardless of their breadth and dimensions The right to speedy disposition of cases (Section 16)
form part of the internal waters of the Philippines. The right against self-incrimination (Section 17)
The right to political beliefs and aspirations. (Section 18)
Article II Declaration of Principles and State Policies The prohibition against cruel, degrading or inhuman
punishment (Section 19)
Article II sets down basic social and political creed of the Protection against imprisonment for debts (Section 20)
country, particularly the implementation of the constitution The right against double jeopardy (Section 21)
and sets fort the objectives of the government. Some of its Prohibition of ex post facto laws and bills of attainder.
provisions are (Section 22)
Philippines is a Democratic and Republican State (Section 1) The scope and limitations to these rights have largely been
Renunciation of War (Section 2) determined by Philippine Supreme Court decisions.
Supremacy of Civilian Authority (Section 3)
Prime duty of the government (Section 4) Article IV Citizenship
Defense of the State and Services to be rendered by the
Citizens (Section 4) Article IV enumerates the citizenship of Fiipinos. There are
Separation of church and state (Section 6) two kinds of citizens: Natural-born citizens who are citizens
Independent Philippine Foreign Policy (Section 7) from birth and have the right to vote and right to run for
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public office and Naturalized citizens, who are immigrants The Constitution establishes limited political autonomy to
who acquire, voluntarily or by operation of law, the the local government units of Philippine provinces,
citizenship of the Philippines Philippine cities, Philippine municipalities, and barangays.
Local governments are generally considered as falling under
Article V Suffrage the executive branch, yet local legislation requires
enactment by duly elected local legislative bodies. The
Article V specifies the qualification and right to vote by Constitution mandated that the Congress would enact a
citizen. It also enumerates the system and secrecy of the Local Government Code.
ballot and absentee voting, and procedure to the disabled
and the illiterates to vote. Article XI Accountability of Public Officers

Article VI The Legislative Department Article XI explains that the positions entrusted by the
people to the government officials are public in nature.
Article VI enumerates the composition, qualification, and Government positions should be taken care of at all times.
term of office and function of the Congress of the It specifies the processes and grounds for impeachment of
Philippines composed of the Senate of the Philippines and the public officials. It also creates and describe the Office of
the House of Representatives of the Philippines. It also the Ombudsman of the Philippines.
specifies the organization, procedure, election and
leadership of officials and process of making law. Some of Article XII National Economy and Patrimony
the power of Congress include the power of investigation or
inquiry in aid of legislation (Section 21); the power to Article XIII Social Justice and Human Rights
declare the existence of a State of war (Section 26); fiscal
power (Section 25); the inherent power or police power Article XIV Education, Science and Technology, Arts,
(Section 1); power of taxation (Section 28); and the power Culture and Sports
of eminent domain (Section 9)
Article XV The Family
Article VII Executive Department
The Philippines is a presidential system of government. The Article XVI General Provisions
executive power is vested to the President, assisted by Vice
president and heads of executive departments. The Article Article XVII Amendments or Revisions
VII explains the qualification, term of office, election, power Article XVIII Transitory Provisions
and functions of Philippine President and the officials within
the executive branch. It also specifies the presidential line The Constitution also contains several other provisions
of succession. enumerating various state policies including, i.e., the
affirmation of labor "as a primary social economic force"
Article VIII Judicial Department (Section 14, Article II); the equal protection of "the life of
The power of interpretation and application of the law was the mother and the life of the unborn from conception"
entrusted to the Judicial branch. The Supreme Court of the (Section 12, Article II); the "Filipino family as the foundation
Philippines is the highest court and has a jurisdiction over of the nation" (Article XV, Section 1); the recognition of
the lower courts that are part of the judicial branch. Article Filipino as "the national language of the Philippines"
VIII enumerates the qualification, tenure, power and (Section 6, Article XVI), and even a requirement that "all
functions of courts within the Judicial Branch, including the educational institutions shall undertake regular sports
organization of Judicial and Bar Council. activities throughout the country in cooperation with
athletic clubs and other sectors." (Section 19.1, Article XIV)
Article IX Constitutional Commission Whether these provisions may, by themselves, be the
source of enforceable rights without accompanying
Article IX enumerates the qualification, tenure, power and legislation has been the subject of considerable debate in
functions and composition of three Constitutional the legal sphere and within the Supreme Court. The Court,
Commissions: Civil Service Commission of the Philippines, for example, has ruled that a provision requiring that the
Commission on Election or COMELEC, and the Commission State "guarantee equal access to opportunities to public
on Audit of the Philippines. service" could not be enforced without accompanying
legislation, and thus could not bar the disallowance of so-
Article X Local Government called "nuisance candidates" in presidential elections .But
in another case, the Court held that a provision requiring
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that the State "protect and advance the right of the people representatives shall be filled, as provided by law, by
to a balanced and healthful ecology" did not require selection or election from the
implementing legislation to become the source of operative labor, peasant, urban poor, indigenous cultural
rights. communities, women, youth, and such
other sectors as may be provided by law, except the
ARTICLE VI religious sector.
THE LEGISLATIVE DEPARTMENT (3) Each legislative district shall comprise, as far as
practicable, contiguous, compact,
Section 1. The legislative power shall be vested in the and adjacent territory. Each city with a population of at
Congress of the Philippines which least two hundred fifty
shall consist of a Senate and a House of Representatives, thousand, or each province, shall have at least one
except to the extent reserved to representative.
the people by the provision on initiative and referendum. (4) Within three years following the return of every census,
Section 2. The Senate shall be composed of twenty-four the Congress shall make a
Senators who shall be elected at reapportionment of legislative districts based on the
large by the qualified voters of the Philippines, as may be standards provided in this section.
provided by law. Section 6. No person shall be a Member of the House of
Section 3. No person shall be a Senator unless he is a Representatives unless he is a
natural-born citizen of the natural-born citizen of the Philippines and, on the day of the
Philippines and, on the day of the election, is at least thirty- election, is at least twentyfive
five years of age, able to read years of age, able to read and write, and, except the party-
and write, a registered voter, and a resident of the list representatives, a
Philippines for not less than two years registered voter in the district in which he shall be elected,
immediately preceding the day of the election. and a resident thereof for a
Section 4. The term of office of the Senators shall be six period of not less than one year immediately preceding the
years and shall commence, day of the election.
unless otherwise provided by law, at noon on the thirtieth Section 7. The Members of the House of Representatives
day of June next following shall be elected for a term of
their election. No Senator shall serve for more than two three years which shall begin, unless otherwise provided by
consecutive terms. Voluntary law, at noon on the thirtieth
renunciation of the office for any length of time shall not be day of June next following their election. No Member of the
considered as an House of Representatives
interruption in the continuity of his service for the full shall serve for more than three consecutive terms.
term of which he was elected. Voluntary renunciation of the office
Section 5. (1) The House of Representatives shall be for any length of time shall not be considered as an
composed of not more than two interruption in the continuity of his
hundred and fifty members, unless otherwise fixed by law, service for the full term for which he was elected.
who shall be elected from Section 8. Unless otherwise provided by law, the regular
legislative districts apportioned among the provinces, election of the Senators and the
cities, and the Metropolitan Members of the House of Representatives shall be held on
Manila area in accordance with the number of their the second Monday of May.
respective inhabitants, and on the Section 9. In case of vacancy in the Senate or in the House
basis of a uniform and progressive ratio, and those who, as of Representatives, a special
provided by law, shall be election may be called to fill such vacancy in the manner
elected through a party-list system of registered national, prescribed by law, but the
regional, and sectoral parties Senator or Member of the House of Representatives thus
or organizations. elected shall serve only for the
(2) The party-list representatives shall constitute twenty unexpired term.
per centum of the total number Section 10. The salaries of Senators and Members of the
of representatives including those under the party list. For House of Representatives shall
three consecutive terms after be determined by law. No increase in said compensation
the ratification of this Constitution, one-half of the seats shall take effect until after the
allocated to party-list expiration of the full term of all the Members of the Senate
and the House of
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Representatives approving such increase. Section 16. (1). The Senate shall elect its President and the
Section 11. A Senator or Member of the House of House of Representatives, its
Representatives shall, in all offenses Speaker, by a majority vote of all its respective Members.
punishable by not more than six years imprisonment, be Each House shall choose such
privileged from arrest while the other officers as it may deem necessary.
Congress is in session. No Member shall be questioned nor (2) A majority of each House shall constitute a quorum to
be held liable in any other do business, but a smaller
place for any speech or debate in the Congress or in any number may adjourn from day to day and may compel the
committee thereof. attendance of absent
Section 12. All Members of the Senate and the House of Members in such manner, and under such penalties, as such
Representatives shall, upon House may provide.
assumption of office, make a full disclosure of their financial (3) Each House may determine the rules of its proceedings,
and business interests. punish its Members for
They shall notify the House concerned of a potential conflict disorderly behavior, and, with the concurrence of two-
of interest that may arise thirds of all its Members, suspend
from the filing of a proposed legislation of which they are or expel a Member. A penalty of suspension, when
authors. imposed, shall not exceed sixty days.
Section 13. No Senator or Member of the House of (4) Each House shall keep a Journal of its proceedings, and
Representatives may hold any other from time to time publish
office or employment in the Government, or any the same, excepting such parts as may, in its judgment,
subdivision, agency, or instrumentality affect national security; and the
thereof, including government-owned or controlled yeas and nays on any question shall, at the request of one-
corporations or their subsidiaries, fifth of the Members present,
during his term without forfeiting his seat. Neither shall he be entered in the Journal. Each House shall also keep a
be appointed to any office Record of its proceedings.
which may have been created or the emoluments thereof (5) Neither House during the sessions of the Congress shall,
increased during the term for without the consent of the
which he was elected. other, adjourn for more than three days, nor to any other
Section 14. No Senator or Member of the House of place than that in which the
Representatives may personally two Houses shall be sitting.
appear as counsel before any court of justice or before the Section 17. The Senate and the House of Representatives
Electoral Tribunals, or quasijudicial shall each have an Electoral
and other administrative bodies. Neither shall he, directly Tribunal which shall be the sole judge of all contests relating
or indirectly, be to the election, returns,
interested financially in any contract with, or in any and qualifications of their respective Members. Each
franchise or special privilege Electoral Tribunal shall be
granted by the Government, or any subdivision, agency, or composed of nine Members, three of whom shall be
instrumentality thereof, Justices of the Supreme Court to be
including any government-owned or controlled designated by the Chief Justice, and the remaining six shall
corporation, or its subsidiary, during his be Members of the Senate or
term of office. He shall not intervene in any matter before the House of Representatives, as the case may be, who shall
any office of the Government be chosen on the basis of
for his pecuniary benefit or where he may be called upon to proportional representation from the political parties and
act on account of his office. the parties or organizations
Section 15. The Congress shall convene once every year on registered under the party-list system represented therein.
the fourth Monday of July for The senior Justice in the
its regular session, unless a different date is fixed by law, Electoral Tribunal shall be its Chairman.
and shall continue to be in Section 18. There shall be a Commission on Appointments
session for such number of days as it may determine until consisting of the President of
thirty days before the opening the Senate, as ex officio Chairman, twelve Senators, and
of its next regular session, exclusive of Saturdays, Sundays, twelve Members of the House
and legal holidays. The of Representatives, elected by each House on the basis of
President may call a special session at any time. proportional representation
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from the political parties and parties or organizations assembled, voting separately, shall have the sole power to
registered under the party-list declare the existence of a state
system represented therein. The chairman of the of war.
Commission shall not vote, except in (2) In times of war or other national emergency, the
case of a tie. The Commission shall act on all appointments Congress may, by law, authorize the
submitted to it within thirty President, for a limited period and subject to such
session days of the Congress from their submission. The restrictions as it may prescribe, to
Commission shall rule by a exercise powers necessary and proper to carry out a
majority vote of all the Members. declared national policy. Unless
Section 19. The Electoral Tribunals and the Commission on sooner withdrawn by resolution of the Congress, such
Appointments shall be powers shall cease upon the next
constituted within thirty days after the Senate and the adjournment thereof.
House of Representatives shall Section 24. All appropriation, revenue or tariff bills, bills
have been organized with the election of the President and authorizing increase of the
the Speaker. The public debt, bills of local application, and private bills, shall
Commission on Appointments shall meet only while the originate exclusively in the
Congress is in session, at the House of Representatives, but the Senate may propose or
call of its Chairman or a majority of all its Members, to concur with amendments.
discharge such powers and Section 25. (1) The Congress may not increase the
functions as are herein conferred upon it. appropriations recommended by the
Section 20. The records and books of accounts of the President for the operation of the Government as specified
Congress shall be preserved and be in the budget. The form,
open to the public in accordance with law, and such books content, and manner of preparation of the budget shall be
shall be audited by the prescribed by law.
Commission on Audit which shall publish annually an (2) No provision or enactment shall be embraced in the
itemized list of amounts paid to general appropriations bill
and expenses incurred for each Member. unless it relates specifically to some particular
Section 21. The Senate or the House of Representatives or appropriation therein. Any such
any of its respective provision or enactment shall be limited in its operation to
committees may conduct inquiries in aid of legislation in the appropriation to which it
accordance with its duly relates.
published rules of procedure. The rights of persons (3) The procedure in approving appropriations for the
appearing in, or affected by, such Congress shall strictly follow the
inquiries shall be respected. procedure for approving appropriations for other
Section 22. The heads of departments may, upon their own departments and agencies.
initiative, with the consent (4) A special appropriations bill shall specify the purpose for
of the President, or upon the request of either House, as the which it is intended, and
rules of each House shall shall be supported by funds actually available as certified by
provide, appear before and be heard by such House on any the National Treasurer, or
matter pertaining to their to be raised by a corresponding revenue proposal therein.
departments. Written questions shall be submitted to the (5) No law shall be passed authorizing any transfer of
President of the Senate or the appropriations; however, the
Speaker of the House of Representatives at least three days President, the President of the Senate, the Speaker of the
before their scheduled House of Representatives, the
appearance. Interpellations shall not be limited to written Chief Justice of the Supreme Court, and the heads of
questions, but may cover Constitutional Commissions may,
matters related thereto. When the security of the State or by law, be authorized to augment any item in the general
the public interest so requires appropriations law for their
and the President so states in writing, the appearance shall respective offices from savings in other items of their
be conducted in executive respective appropriations.
session. (6) Discretionary funds appropriated for particular officials
Section 23. (1) The Congress, by a vote of two-thirds of both shall be disbursed only for
Houses in joint session public purposes to be supported by appropriate vouchers
and subject to such guidelines
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as may be prescribed by law. evolve a progressive system of taxation.


(7) If, by the end of any fiscal year, the Congress shall have (2) The Congress may, by law, authorize the President to fix
failed to pass the general within specified limits, and
appropriations bill for the ensuing fiscal year, the general subject to such limitations and restrictions as it may impose,
appropriations law for the tariff rates, import and
preceding fiscal year shall be deemed re-enacted and shall export quotas, tonnage and wharfage dues, and other
remain in force and effect duties or imposts within the
until the general appropriations bill is passed by the framework of the national development program of the
Congress. Government.
Section 26. (1) Every bill passed by the Congress shall (3) Charitable institutions, churches and personages or
embrace only one subject which convents appurtenant thereto,
shall be expressed in the title thereof. mosques, non-profit cemeteries, and all lands, buildings,
(2) No bill passed by either House shall become a law unless and improvements, actually,
it has passed three readings directly, and exclusively used for religious, charitable, or
on separate days, and printed copies thereof in its final form educational purposes shall be
have been distributed to its exempt from taxation.
Members three days before its passage, except when the (4) No law granting any tax exemption shall be passed
President certifies to the without the concurrence of a
necessity of its immediate enactment to meet a public majority of all the Members of the Congress.
calamity or emergency. Upon the Section 29. (1) No money shall be paid out of the Treasury
last reading of a bill, no amendment thereto shall be except in pursuance of an
allowed, and the vote thereon shall appropriation made by law.
be taken immediately thereafter, and the yeas and nays (2) No public money or property shall be appropriated,
entered in the Journal. applied, paid, or employed,
Section 27. (1) Every bill passed by the Congress shall, directly or indirectly, for the use, benefit, or support of any
before it becomes a law, be sect, church, denomination,
presented to the President. If he approves the same he shall sectarian institution, or system of religion, or of any priest,
sign it; otherwise, he shall preacher, minister, other
veto it and return the same with his objections to the House religious teacher, or dignitary as such, except when such
where it originated, which priest, preacher, minister, or
shall enter the objections at large in its Journal and proceed dignitary is assigned to the armed forces, or to any penal
to reconsider it. If, after institution, or government
such reconsideration, two-thirds of all the Members of such orphanage or leprosarium.
House shall agree to pass (3) All money collected on any tax levied for a special
the bill, it shall be sent, together with the objections, to the purpose shall be treated as a
other House by which it shall special fund and paid out for such purpose only. If the
likewise be reconsidered, and if approved by two-thirds of purpose for which a special fund
all the Members of that was created has been fulfilled or abandoned, the balance, if
House, it shall become a law. In all such cases, the votes of any, shall be transferred to
each House shall be the general funds of the Government.
determined by yeas or nays, and the names of the Members Section 30. No law shall be passed increasing the appellate
voting for or against shall jurisdiction of the Supreme
be entered in its Journal. The President shall communicate Court as provided in this Constitution without its advice and
his veto of any bill to the concurrence.
House where it originated within thirty days after the date Section 31. No law granting a title of royalty or nobility shall
of receipt thereof, otherwise, be enacted.
it shall become a law as if he had signed it. Section 32. The Congress shall, as early as possible, provide
(2) The President shall have the power to veto any particular for a system of initiative and
item or items in an referendum, and the exceptions therefrom, whereby the
appropriation, revenue, or tariff bill, but the veto shall not people can directly propose and
affect the item or items to enact laws or approve or reject any act or law or part
which he does not object. thereof passed by the Congress or
Section 28. (1) The rule of taxation shall be uniform and local legislative body after the registration of a petition
equitable. The Congress shall therefor signed by at least ten
10

per centum of the total number of registered voters, of all the certificates in the presence of the Senate and the
which every legislative district House of Representatives in
must be represented by at least three per centum of the joint public session, and the Congress, upon determination
registered voters thereof. of the authenticity and due
execution thereof in the manner provided by law, canvass
ARTICLE VII the votes.
EXECUTIVE DEPARTMENT The person having the highest number of votes shall be
proclaimed elected, but in case
Section 1. The executive power shall be vested in the two or more shall have an equal and highest number of
President of the Philippines. votes, one of them shall
Section 2. No person may be elected President unless he is forthwith be chosen by the vote of a majority of all the
a natural-born citizen of the Members of both Houses of the
Philippines, a registered voter, able to read and write, at Congress, voting separately.
least forty years of age on the The Congress shall promulgate its rules for the canvassing
day of the election, and a resident of the Philippines for at of the certificates.
least ten years immediately The Supreme Court, sitting en banc, shall be the sole judge
preceding such election. of all contests relating to the
Section 3. There shall be a Vice-President who shall have the election, returns, and qualifications of the President or Vice-
same qualifications and President, and may
term of office and be elected with, and in the same manner, promulgate its rules for the purpose.
as the President. He may be Section 5. Before they enter on the execution of their office,
removed from office in the same manner as the President. the President, the Vice-
The Vice-President may be appointed as a Member of the President, or the Acting President shall take the following
Cabinet. Such appointment oath or affirmation:
requires no confirmation. "I do solemnly swear [or affirm] that I will faithfully and
Section 4. The President and the Vice-President shall be conscientiously fulfill
elected by direct vote of the my duties as President [or Vice-President or Acting
people for a term of six years which shall begin at noon on President] of the
the thirtieth day of June next Philippines, preserve and defend its Constitution, execute
following the day of the election and shall end at noon of its laws, do justice to
the same date, six years every man, and consecrate myself to the service of the
thereafter. The President shall not be eligible for any re- Nation. So help me God."
election. No person who has [In case of affirmation, last sentence will be omitted].
succeeded as President and has served as such for more Section 6. The President shall have an official residence. The
than four years shall be salaries of the President
qualified for election to the same office at any time. and Vice-President shall be determined by law and shall not
No Vice-President shall serve for more than two successive be decreased during their
terms. Voluntary tenure. No increase in said compensation shall take effect
renunciation of the office for any length of time shall not be until after the expiration of
considered as an the term of the incumbent during which such increase was
interruption in the continuity of the service for the full term approved. They shall not
for which he was elected. receive during their tenure any other emolument from the
Unless otherwise provided by law, the regular election for Government or any other
President and Vice-President source.
shall be held on the second Monday of May. Section 7. The President-elect and the Vice President-elect
The returns of every election for President and Vice- shall assume office at the
President, duly certified by the beginning of their terms.
board of canvassers of each province or city, shall be If the President-elect fails to qualify, the Vice President-
transmitted to the Congress, elect shall act as President until
directed to the President of the Senate. Upon receipt of the the President-elect shall have qualified.
certificates of canvass, the If a President shall not have been chosen, the Vice
President of the Senate shall, not later than thirty days after President-elect shall act as President
the day of the election, open until a President shall have been chosen and qualified.
11

If at the beginning of the term of the President, the with its rules without need of a call and within seven days,
President-elect shall have died or enact a law calling for a
shall have become permanently disabled, the Vice special election to elect a President and a Vice-President to
President-elect shall become be held not earlier than
President. forty-five days nor later than sixty days from the time of
Where no President and Vice-President shall have been such call. The bill calling such
chosen or shall have qualified, special election shall be deemed certified under paragraph
or where both shall have died or become permanently 2, Section 26, Article V1 of
disabled, the President of the this Constitution and shall become law upon its approval on
Senate or, in case of his inability, the Speaker of the House third reading by the
of Representatives, shall act Congress. Appropriations for the special election shall be
as President until a President or a Vice-President shall have charged against any current
been chosen and qualified. appropriations and shall be exempt from the requirements
The Congress shall, by law, provide for the manner in which of paragraph 4, Section 25,
one who is to act as Article V1 of this Constitution. The convening of the
President shall be selected until a President or a Vice- Congress cannot be suspended nor
President shall have qualified, in the special election postponed. No special election shall be
case of death, permanent disability, or inability of the called if the vacancy occurs
officials mentioned in the next within eighteen months before the date of the next
preceding paragraph. presidential election.
Section 8. In case of death, permanent disability, removal Section 11. Whenever the President transmits to the
from office, or resignation of President of the Senate and the
the President, the Vice-President shall become the Speaker of the House of Representatives his written
President to serve the unexpired declaration that he is unable to
term. In case of death, permanent disability, removal from discharge the powers and duties of his office, and until he
office, or resignation of both transmits to them a written
the President and Vice-President, the President of the declaration to the contrary, such powers and duties shall be
Senate or, in case of his inability, discharged by the Vice-
the Speaker of the House of Representatives, shall then act President as Acting President.
as President until the Whenever a majority of all the Members of the Cabinet
President or Vice-President shall have been elected and transmit to the President of the
qualified. Senate and to the Speaker of the House of Representatives
The Congress shall, by law, provide who shall serve as their written declaration that
President in case of death, the President is unable to discharge the powers and duties
permanent disability, or resignation of the Acting President. of his office, the Vice-
He shall serve until the President shall immediately assume the powers and duties
President or the Vice-President shall have been elected and of the office as Acting
qualified, and be subject to President.
the same restrictions of powers and disqualifications as the Thereafter, when the President transmits to the President
Acting President. of the Senate and to the
Section 9. Whenever there is a vacancy in the Office of the Speaker of the House of Representatives his written
Vice-President during the declaration that no inability exists,
term for which he was elected, the President shall nominate he shall reassume the powers and duties of his office.
a Vice-President from Meanwhile, should a majority of
among the Members of the Senate and the House of all the Members of the Cabinet transmit within five days to
Representatives who shall assume the President of the Senate
office upon confirmation by a majority vote of all the and to the Speaker of the House of Representatives, their
Members of both Houses of the written declaration that the
Congress, voting separately. President is unable to discharge the powers and duties of
Section 10. The Congress shall, at ten o'clock in the morning his office, the Congress shall
of the third day after the decide the issue. For that purpose, the Congress shall
vacancy in the offices of the President and Vice-President convene, if it is not in session,
occurs, convene in accordance within forty-eight hours, in accordance with its rules and
without need of call.
12

If the Congress, within ten days after receipt of the last Section 16. The President shall nominate and, with the
written declaration, or, if not in consent of the Commission on
session, within twelve days after it is required to assemble, Appointments, appoint the heads of the executive
determines by a two-thirds departments, ambassadors, other
vote of both Houses, voting separately, that the President public ministers and consuls, or officers of the armed forces
is unable to discharge the from the rank of colonel or
powers and duties of his office, the Vice-President shall act naval captain, and other officers whose appointments are
as President; otherwise, the vested in him in this
President shall continue exercising the powers and duties of Constitution. He shall also appoint all other officers of the
his office. Government whose
Section 12. In case of serious illness of the President, the appointments are not otherwise provided for by law, and
public shall be informed of the those whom he may be
state of his health. The members of the Cabinet in charge of authorized by law to appoint. The Congress may, by law,
national security and vest the appointment of other
foreign relations and the Chief of Staff of the Armed Forces officers lower in rank in the President alone, in the courts,
of the Philippines, shall not or in the heads of
be denied access to the President during such illness. departments, agencies, commissions, or boards.
Section 13. The President, Vice-President, the Members of The President shall have the power to make appointments
the Cabinet, and their during the recess of the
deputies or assistants shall not, unless otherwise provided Congress, whether voluntary or compulsory, but such
in this Constitution, hold any appointments shall be effective
other office or employment during their tenure. They shall only until disapproved by the Commission on Appointments
not, during said tenure, or until the next
directly or indirectly, practice any other profession, adjournment of the Congress.
participate in any business, or be Section 17. The President shall have control of all the
financially interested in any contract with, or in any executive departments, bureaus,
franchise, or special privilege and offices. He shall ensure that the laws be faithfully
granted by the Government or any subdivision, agency, or executed.
instrumentality thereof, Section 18. The President shall be the Commander-in-Chief
including government-owned or controlled corporations or of all armed forces of the
their subsidiaries. They shall Philippines and whenever it becomes necessary, he may call
strictly avoid conflict of interest in the conduct of their out such armed forces to
office. prevent or suppress lawless violence, invasion or rebellion.
The spouse and relatives by consanguinity or affinity within In case of invasion or
the fourth civil degree of the rebellion, when the public safety requires it, he may, for a
President shall not, during his tenure, be appointed as period not exceeding sixty
Members of the Constitutional days, suspend the privilege of the writ of habeas corpus or
Commissions, or the Office of the Ombudsman, or as place the Philippines or any
Secretaries, Undersecretaries, part thereof under martial law. Within forty-eight hours
chairmen or heads of bureaus or offices, including from the proclamation of
government-owned or controlled martial law or the suspension of the privilege of the writ of
corporations and their subsidiaries. habeas corpus, the President
Section 14. Appointments extended by an Acting President shall submit a report in person or in writing to the Congress.
shall remain effective, unless The Congress, voting
revoked by the elected President, within ninety days from jointly, by a vote of at least a majority of all its Members in
his assumption or regular or special session,
reassumption of office. may revoke such proclamation or suspension, which
Section 15. Two months immediately before the next revocation shall not be set aside by
presidential elections and up to the the President. Upon the initiative of the President, the
end of his term, a President or Acting President shall not Congress may, in the same
make appointments, except manner, extend such proclamation or suspension for a
temporary appointments to executive positions when period to be determined by the
continued vacancies therein will Congress, if the invasion or rebellion shall persist and public
prejudice public service or endanger public safety. safety requires it.
13

The Congress, if not in session, shall, within twenty-four concurred in by at least two-thirds of all the Members of the
hours following such Senate.
proclamation or suspension, convene in accordance with its Section 22. The President shall submit to the Congress,
rules without need of a call. within thirty days from the
The Supreme Court may review, in an appropriate opening of every regular session as the basis of the general
proceeding filed by any citizen, the appropriations bill, a budget
sufficiency of the factual basis of the proclamation of of expenditures and sources of financing, including receipts
martial law or the suspension of from existing and proposed
the privilege of the writ of habeas corpus or the extension revenue measures.
thereof, and must promulgate Section 23. The President shall address the Congress at the
its decision thereon within thirty days from its filing. opening of its regular
A state of martial law does not suspend the operation of the session. He may also appear before it at any other time.
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 of habeas corpus.
The suspension of the privilege of the writ of habeas corpus
shall apply only to persons
judicially charged for rebellion or offenses inherent in, or
directly connected with,
invasion.
During the suspension of the privilege of the writ of habeas
corpus, any person thus
arrested or detained shall be judicially charged within three
days, otherwise he shall be
released.
Section 19. 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.
He shall also have the power to grant amnesty with the
concurrence of a majority of all
the Members of the Congress.
Section 20. The President may contract or guarantee
foreign loans on behalf of the
Republic of the Philippines with the prior concurrence of
the Monetary Board, and
subject to such limitations as may be provided by law. The
Monetary Board shall, within
thirty days from the end of every quarter of the calendar
year, submit to the Congress a
complete report of its decision on applications for loans to
be contracted or guaranteed
by the Government or government-owned and controlled
corporations which would
have the effect of increasing the foreign debt, and
containing other matters as may be
provided by law.
Section 21. No treaty or international agreement shall be
valid and effective unless
14

Rules Implementing the Code of Conduct and Ethical than ninety (90) days from the effectivity of
Standards for Public Officials and Employees (Republic Act these Rules, start conducting value
No. 6713)
development programs for its officials and
Pursuant to the provisions of Section 12 of employees in order to strengthen their
Republic Act No. 6713, otherwise known as the commitment to public service and help promote
Code of Conduct and Ethical Standards for the primacy of public interest over personal
Public Officials and Employees, approved interest in the performance of their duties. Such
on February 20, 1989, and which took effect on programs and other parallel efforts on value
March 25, 1989, conformably to Section 17 development shall include, among other things,
thereof, the following Rules are hereby adopted the following subject:
in order to carry out the provisions of the said a) Ethical and moral values;
Code: b) Rights, duties and responsibilities of public
Rule I servants;
Coverage c) Nationalism and patriotism;
d) Justice and human rights;
Section 1. These rules shall cover all officials and e) Democracy in a free and just society;
employees in the government, elective and f) Philippine history, culture and tradition; and
appointive, permanent or temporary, whether g) Socio-economic conditions prevailing in the
in the career or non-career service, including country, especially in the depressed areas, and
military and police personnel, whether or not the need for a Code of Conduct and Ethical
they receive compensation, regardless of Standards.
amount.
Continuing refresher courses and seminars
Rule II and/or workshops to promote a high standard
Interpretation of ethics in public service shall be conducted.
Section 1. These Rules shall be interpreted in Section 2. Professional, scientific, technical
the light of the Declaration of Policy found in trainings and education programs shall enhance
to the highest degree, professionalism,
Section 2 of the Code:
excellence, intelligence and skills in the
It is the policy of the State to promote a performance and discharge of duties and
high standard of ethics in public service. responsibilities of officials and employees.
Public officials and employees shall at all times These programs shall be conducted in all offices
be accountable to the people and shall of the government and may include subjects
discharge their duties with utmost that are enumerated in the preceding section.
responsibility, integrity, competence and
loyalty, act Section 3. It is the responsibility of every head
with patriotism and justice, lead modest lives, of department, office and agency to ensure that
and uphold public interest over personal officials and employees attend the value
interest development program and participate in
parallel value development efforts.
Rule III
Reforms on Public Administrative Systems Section 4. Every department office and agency
shall conduct continuing studies and analyses of
Section 1. Every department, office and agency their work systems and procedures to improve
shall, as soon as practicable and in no case later delivery of public services. Towards this end,
15

such studies and analyses shall: (1) identify held accountable for the disposition of all
systems andprocedures that lead or contribute requests for assistance. .
to negative bureaucratic behavior; (2) simplify
Section 8. Government officials shall make
rules and procedures to avoid red tape; and (3)
themselves available to their staff for
devise or adopt systems and procedures that
consultation and dialogues.
promote official and employee morale and
satisfaction. Rule IV
Transparency of Transaction and Access to
Each department, office or agency shall develop
Information
a service guide or its functional equivalent
which shall be regularly updated and made Section 1. Subject to reasonable conditions
available to the transacting public. A workflow prescribed by law, the State adopts and
chart showing procedures or flow of documents implements a policy of full public disclosure of
shall likewise be posted in conspicuous places in all its transactions involving public interest.
the department, office or agency for the
information and guidance of all concerned. Section 2. It is the responsibility of heads of
departments, offices and agencies to establish
Upon request, the Department of Budget and measures and standards that will ensure
Management shall assistdepartments, offices transparency of and openness in public
and agencies in the evaluation and adoption of transactions in their respective offices, such as
work systems and procedures that will in biddings, purchases, other financial
institutionalize a management climate transactions including contracts, status of
conducive to public accountability. projects, and all other matters involving public
interest.
Section 5. Every department, office and agency
shall consult the public they serve for the They shall establish information system that will
purpose of gathering feedback and suggestions inform the public of the following: (a) policies,
on the efficiency, effectiveness and economy of rules, and procedures; (b) work programs,
services. They shall establish mechanism to projects, and performance targets; (c)
ensure the conduct of public consultation and performance reports; and (d) all other
hearings. documents as may hereafter be classified as
public information.
Section 6. Every department, office and agency
shall continuously conduct research and Such public information shall be utilized solely
experimentation on measures and adopt for the purpose of informing the public of such
innovative programs which will provide policies, programs and accomplishments, and
motivation to officials and employees in raising not to build the public image of any official or
the level of observance of public service ethical employee or to advance his own personal
standards. interest.
Section 7. Every department, office and agency Section 3. Every department, office or agency
shall, in consultation with the Office of the shall provide official information, records or
Ombudsman, appoint or designate a Resident documents to any requesting public, except if:
Ombudsman who shall act immediately on all
request for public assistance referred to him by (a) such information, record or document must
the Ombudsman and his Deputies. He shall be be kept secret in the interest of national
defense or security or the conduct of foreign
16

affairs; apply in any instance where the department,


(b) such disclosure would put the life and safety office or agency has already disclosed to the
of an individual in imminent danger; public the content or nature of its proposed
(c) the information, record or document sought action, or where the department, office or
falls within the concepts of established privilege agency is required by law to make such
or recognized exceptions as may be provided by disclosure on its own initiative prior to taking
law or settled policy or jurisprudence; final official action on such proposal.
(d) such information, record or document
Section 4. Every head of department, office and
comprises drafts of decisions, orders, rulings,
agency shall establish information systems and
policy decisions, memoranda, etc.;
networks that will effect the widest possible
(e) it would disclose information of a personal
dissemination of information regarding the
nature where disclosure would constitute a
provisions of the Code, and the policies and
clearly unwarranted invasion of personal
programs relative thereto.
privacy;
(f) it would disclose investigatory records Rule V
compiled for law enforcement purposes or Incentives and Rewards System
information which if written would be
contained in such records, but only to the Section 1. Incentives and rewards shall be
extent that the production of such records or granted officials and employees who have
information would (i) interfere with demonstrated exemplary service and conduct
enforcement proceedings, (ii) deprive a person on the basis of their observance of the norms of
of a right to a fair trial or an impartial conduct laid down in Section 4 of the Code,
adjudication, (iii) disclose the identity of a namely:
confidential source and in the case of a record (a) Commitment to public interest Officials
compiled by a criminal law enforcement and employees shall always uphold the public
authority in the course of a criminal interest over personal interest. All government
investigation, or by an agency conducting a resources and powers of their respective
lawful national security intelligence departments, offices and agencies must be
investigation, confidential information employed and used efficiently, effectively,
furnished only by the confidential source, or (iv) honestly and economically, particularly to avoid
unjustifiably disclose investigative techniques wastage in public funds and revenues.
and procedures; or
(b) Professionalism Officials and employees
(g) it would disclose information the premature shall perform and discharge their duties with
disclosure of which would (i) in the case of a the highest degree of excellence,
department, office or agency which agency professionalism, intelligence and skill. They shall
regulates currencies, securities, commodities, enter public service with utmost devotion and
or financial institutions, be likely to lead to dedication to duty. They shall endeavor to
significant financial speculation in currencies, discourage wrong perceptions of their roles as
securities, or commodities, or significantly dispensers or peddlers of undue patronage.
endanger the stability of any financial
institution; or (ii) in the case of any department, (c) Justness and sincerity Officials and
office or agency be likely or significantly to employees shall remain true to the people at all
frustrate implementation of a proposed official times. They must act with justness and sincerity
action, except that subparagraph (f) (ii) shall not and shall not discriminate against anyone,
17

especially the poor and the underprivileged. democratic way of life and values, maintain the
They shall at all times respect the rights of principle of public accountability and manifest
others, and shall refrain from doing acts by deeds the supremacy of civilian authority
contrary to law, good morals, good customs, over the military. They shall at all times uphold
public policy, public order, public safety and the Constitution and put loyalty to country
public interest. They shall not dispense or above loyalty to persons or party.
extend undue favors on account of their office
(h) Simple living Officials and employees
to their relatives, whether by consanguinity or
and their families shall lead modest lives
affinity, except with respect to appointments of
appropriate to their positions and income. They
such
shall not indulge in extravagant or ostentatious
relatives to positions considered strictly
display of wealth in any form.
confidential or as members of their personal
staff whose terms are coterminous with theirs. Section 2. The following criteria shall be
considered in the conferment of awards:
(d) Political neutrality Officials and
(a) Years of service;
employees shall provide service to everyone
(b) Quality and consistency of performance;
without unfair discrimination regardless of
(c) Obscurity of the position;
party affiliation or preference.
(d) Level of salary;
(e) Responsiveness to the public Officials (e) Unique and exemplary quality of
and employees shall extend prompt, courteous, achievement;
and adequate service to the public. Unless (f) Risk or temptation inherent in the work; and
otherwise provided by law or when required by (g) Any similar circumstances or considerations
the public interest, officials and employees shall in favor of the particular awardee
provide information on their policies and
Section 3. Incentives and rewards to
procedures in clear and understandable
government officials and employees of the year
language, ensure openness of information,
may take the form of any of the following, as
public consultations and hearings whenever
may be determined by the Committee on
appropriate, encourage suggestions, simplify
Awards established under the Code:
and systematize policy, roles and procedures,
(a) Bonuses; or
avoid red tape and develop an understanding
(b) Citations; or
and appreciation of the socio-economic
(c) Directorships in government-owned or
conditions prevailing in the country, especially
controlled corporations; or
in the depressed rural and urban areas.
(d) Local and foreign scholarship grants; or
(f) Nationalism and patriotism Officials and (e) Paid vacations; and
employees shall at all times be loyal to the (f) Automatic promotion to the next higher
Republic and to the Filipino people, promote positions suitable to his qualifications and with
the use of locally produced goods, resources commensurate salary: provided, that if there is
and technology and encourage appreciation and no next higher position or it is not vacant, said
pride of country and people. They shall position shall be included in the next budget of
endeavor to maintain and defend Philippine the office; except when the creation of a new
sovereignty against foreign intrusion. position will result in distortion in the
organizational structure of the department,
(g) Commitment to democracy Officials and
office or agency. Where there is no next higher
employees shall commit themselves to the
position immediately available, a salary increase
18

equivalent to the next higher position shall be Section 6. Nothing herein provided shall inhibit
given and incorporated in the base pay. When a any department, office or agency from
new position is created, that which is vacated instituting its own rewards program in addition
shall be deemed abolished. to those provided by, but not inconsistent with,
these rules.
The grants of awards shall be governed by the
merit, and fitness principle. Section 7. The budget to cover all expenses in
the implementation of this Rule shall be
Section 4. (a) The system shall be administered
incorporated in the appropriations of the Civil
by a Committee on Awards for
Service Commission.
Outstanding Public Officials and employees
composed of : Rule VI
(1) Ombudsman Co-Chairman Duties of Public Officials and Employees
(2) Chairman, CSC Co-Chairman
Section 1. As a general rule, when a request or
(3) Chairman, COA -Member
petition, whether written or verbal, can be
(4) Two (2) Government Employees to be
disposed of promptly and expeditiously, the
appointed by the President -Members
official or employee in charge to whom the
b) For this purpose, the Committee shall same is presented shall do so immediately,
perform the following functions and without discrimination, and in no case beyond
responsibilities: fifteen (15) days from receipt of the request or
petition.
(1) Conduct a periodic, continuing review of
performance of officials and employees in all Section 2. In departments, offices or agencies
departments, offices and agencies; that are usually swamped with persons calling
(2) Establish a system of annual incentives and for a particular type of service, the head of the
rewards to the end that due recognition is given department, office or agency shall devise a
to officials and employees of outstanding merit mechanism so as to avoid long queues such as
on the basis of standards set forth in Section 2, by giving each person a ticket number duly
Rule V hereof; countersigned which shall specify the time and
(3) Determine the form of rewards to be the date when the person, whose name and
granted; address shall be indicated, can be served
(4) Formulate and adopt its own rules to govern without delay. Said person shall have the right
the conduct of its activities, which shall include to prompt service upon presentation of said
guidelines for evaluating nominees, the ticket number.
mechanism for recognizing the awardees in
Section 3. In case of written requests, petitions
public ceremonies and the creation of sub-
or motions, sent by means of letters, telegrams,
committees;
or the like, the official or employee in charge
c) In the evaluation of nominees, the
shall act on the same within fifteen (15) working
Committee may be assisted by technical experts
days from receipt thereof, provided that:
selected from the government and the private
sectors. (a) If the communication is within the
jurisdiction of the office or agency, the official
Section 5. The Civil Service Commission shall
or employee must:
provide secretariat service to the Committee.
19

(1) Write a note or letter of acknowledgement The department, office and agency to which the
where the matter is merely routinary or the letter, petition, telegram or verbal request was
action desired may be acted upon in the referred for appropriate action must take action
ordinary course of business of the department, in accordance with subsection (a), pars. 1 & 2
office or agency, specifying the date when the hereof.
matter will be disposed of and the name of the
The period of fifteen (15) days herein provided
official or employee in
shall be counted from date of
charge thereof.
receipt of the written or verbal communication
(2) Where the matter is non-routinary or the by the department, office or agency
issues involved are not simple or ordinary, write concerned.
a note or letter of acknowledgement, informing
Section 4. All official papers and documents
the interested party, petitioner or
must be processed and completed within a
correspondent of the action to be taken or
reasonable time from the preparation thereof.
when such requests, petitions or motions can
Reasonable time shall be determined in
be acted upon. Where there is a need to submit
accordance with the following rules:
additional information, requirements, or
documents, the note or letter of a) When the law or the applicable rule issued in
acknowledgment shall so state, specifying accordance therewith prescribes a period within
reasonable period of time within which they which a decision is to be rendered or an action
should be submitted, and the name of the taken, the same shall be followed.
particular official or employee in charge
thereof. When all the b) When the law or the applicable rule issued in
documents or requirements have been accordance therewith does not prescribe a
submitted to the satisfaction of the period, the head of the department, office or
department, or office of agency concerned, the agency shall issue rules and regulations
particular official or employee in charge shall prescribing, among other things, what is
inform the interested party, petitioner, or reasonable time, taking into account the
correspondent of the action to be taken and following factors:
when such action or (1) Nature, simplicity or complexity of the
disposition can be expected, barring unforeseen subject matter of the official papers or
circumstances. documents processed by said department,
(b) If communication is outside its jurisdiction, office or agency;
the official or employee must: (2) Completeness or inadequacy of
(1) Refer the letter, petition, telegram, or verbal requirements or of data and information
request to the proper department, office or necessary for decision or action;
agency. (3) Lack of resources caused by circumstances
(2) Acknowledge the communication by means beyond the control of the department, office or
of note or letter, informing the interested party, agency or official or employee concerned;
petitioner, or correspondent of the action taken (4) Legal constraints such as restraining orders
and attaching a copy of the letter of referral to and injunctions issued by proper judicial, quasi-
the proper department, office or agency. judicial or administrative authorities;
20

(5) Fault, failure or negligence of the party performance and accomplishments, as


concerned which renders decision or action not prescribed by existing laws and regulations.
possible or premature; and
Another report of compliance with the
(6) Fortuitous events or force majeure. provisions of the Code and these Rules shall be
prepared and submitted to the Civil Service
Section 5. Except as otherwise provided by law
Commission. The Commission may require
or regulation, and as far as practicable, any
officials to provide additional information or
written action or decision must contain not
furnish documents, if necessary.
more than three (3) initials or signatures. In the
absence of the duly authorized signatory, the Section 8. Officials and employees and their
official next-in-rank or officer-in-charge or the families shall lead modest and simple lives
person duly authorized shall sign for and in his appropriate to their position and income. They
behalf. shall not indulge in extravagant or ostentatious
display of wealth in any form. Basically, modest
The head of the department, office or agency
and simple living means maintaining a standard
shall prescribe, through an appropriate office
of living within the public official or
order, the rules on the proper authority to sign
employees visible means of income as
in the absence of the regular signatory, as
correctly disclosed in his income tax returns,
follows:
annual statement of assets, liabilities and net
(1) If there is only one official next in rank, he worth and other documents relating to financial
shall automatically be the signatory. and business interests and connections.

(2) If there are two or more officials next in Public funds and property for official use and
rank, the appropriate office order shall purpose shall be utilized with the diligence of a
prescribe the order of priority among the good father of a family.
officials next in rank within the same
Rule VII
organizational unit; or
Public Disclosure
(3) If there is no official next in rank present and
Section 1. Every official and employee, except
available, the head of the department, office or
those who serve in an official honorary capacity,
agency shall designate an officer-in-charge from
without service credit or pay, temporary
among those next lower in rank in the same
laborers and casual or temporary and
organizational unit.
contractual workers, shall file under oath their
Section 6. All public documents must be made statements of assets, liabilities and networth
accessible to, and readily available for and a disclosure of business interest and
inspection by, the public during office hours, financial connections including those of their
except those provided in Section 3, Rule IV. spouses and unmarried children under eighteen
(18) years of age living in their households, in
Section 7. All heads or other responsible officers the prescribed form, Annex A.
of departments, offices and agencies of the
government and government-owned or a) Contents of Statement
controlled corporation shall, within forty five
1) The Statements of Assets and Liabilities and
(45) working days from the end of the year,
Net Worth shall contain information on the
render a full and complete report of
following:
21

(a) real property, its improvements, acquisition (1) President, Vice-President and Constitutional
costs, assessed value, and current fair market Officials, with the National Office of the
value; Ombudsman;

(b) personal property and acquisition cost; (2) Senators and Congressmen, with the
(c) all other assets such as investments, cash on Secretaries of the Senate and the House of
hand or in banks, stock, bonds , and the like; Representatives, respectively; Justices, with the
and Clerk of Court of the Supreme Court; Judges,
(d) all financial liabilities, both current and long with the Court Administrator; and national
term. executive officials such as Members of the
Cabinet, Undersecretaries and Assistant
2) The Disclosure of Business Interest and
Secretaries, including the foreign service and
Financial Connections shall contain information
heads of government-owned or controlled
on any existing interest in, or any existing
corporations with original charters and their
connection with, any business enterprises or
subsidiaries and state colleges and universities
entities, whether as proprietor, investor,
with the Office of the President;
promoter, partner, shareholder, officer,
managing director, executive, (3) Regional and local officials and employees,
creditor, lawyer, legal consultant or adviser, both appointive and elective, including other
financial or business consultant, accountant, officials and employees of government-owned
auditor, and the like, the name and addresses of or controlled corporations and their subsidiaries
the business enterprises or entities, the dates and state colleges anduniversities, with the
when such interests or connections were Deputy Ombudsman in their respective regions;
established, and such other details as will show
(4) Officers of the Armed Forces from the rank
the nature of the interests of connections.
of Colonel or Naval Captain, with the Office of
b) When to File the President, and those below said ranks, with
The above documents under the Code must be the Deputy Ombudsman in their respective
filed: regions;

(1) Within thirty (30) days after assumption of (5) All other officials and employees defined in
office, statements of which must be reckoned Republic Act No. 3019, as
as of his first day of service. amended with the Civil Service Commission.

(2) On or before April 30 of every year A copy of said statements shall also be filed
thereafter, statements of which must be with their respective departments, offices or
reckoned as of the end of the preceding year; or agencies.

(3) Within thirty (30) days after separation from (d) All Statements of Assets, Liabilities and
the service, statements of which must be Networth, as of December 31,1998, now on file
reckoned as of his last day of office. with their respective agencies shall constitute
sufficient compliance with the requirements of
c) Where to File
the Code and they shall be required to
The Statements of Assets, Liabilities and Net accomplish and file the new form as prescribed
Worth and the Disclosure of Business Interest in these Rules on or before April 30,1990, and
and Financial Connections shall be filed by the: every year thereafter.
22

(e) Every official and employee shall also prescribed by the Civil Service Commission to
execute , within thirty (30) days from date of cover the cost of reproduction and mailing of
their assumption of office, the necessary such statement, as well as the cost of
authority in favor of the Ombudsman to obtain, certification.
from all the appropriate government agencies,
(d) Any statement filed under the Code shall be
including the Bureau of Internal Revenue, such
available to the public, subject to the foregoing
documents as may show their assets, liabilities,
limitations, for a period of ten (10) years after
net worth, and also their business interests, and
receipt of the statement. The statement may be
financial connections in previous years,
destroyed after such period unless needed in an
including, if possible, the year when they first
on-going investigation.
assumed any office in the government.
Rule VIII
(f) Married couples who are both public officials
Review and Compliance Procedure
or employees may file the required statements
jointly or separately. Section 1. The following shall have the authority
to establish compliance procedures for the
Section 2. Every official or employee shall
review of statements to determine whether
identify and disclose under oath to the best of
said statements have been properly
his knowledge and information, his relatives in
accomplished:
the government , up to the fourth civil degree
of relationship, either of consanguinity or (a) In the case of Congress, the designated
affinity, including bilas, inso , and balae, in the committees of both Houses of Congress subject
prescribed form, Annex A, which shall be filed; to approval by the affirmative vote of the
(a) within thirty (30) days after assumption of majority of the particular House concerned;
office, the information contained therein must
be reckoned as of his first day of office;(b) on or (b) In the case of the Executive Department, the
before April 30 of every year thereafter, the heads of the departments, offices and agencies
information contained therein must be insofar as their respective departments, offices
reckoned as of the end of the preceding year; or and agencies are concerned subject to approval
(c) within thirty (30) days after separation from of the Secretary of Justice.
the service, the (c) In the case of the Judicial Department, the
information contained therein must be Chief Justice of the Supreme Court; and
reckoned as of his last day of office.
(d) In the case of the Constitutional
Section 3. (a) Any and all statements filed in Commissions and other Constitutional Offices,
accordance with the preceding sections shall be the respective Chairman and members thereof;
made available for public inspection at in the case of the Office of the Ombudsman, the
reasonable hours; (b) Such statements shall be Ombudsman.
made available for copying or reproduction
after ten (10) working days from the time they The above official shall likewise have the
are filed as required by law unless extended for authority to render any opinion interpreting the
meritorious reasons. provisions on the review and compliance
procedures in the filing of statements of assets,
(c) Any duly authorized person requesting a liabilities, net worth and disclosure of
copy of a statement shall be required to pay a information.
reasonable fee as may be determined and
23

In the event said authorities determine that a periods and subject to such other conditions
statement is not properly filed, they provided for in the Corporation Law.
shall inform the reporting individual and direct
Section 2. (a) When a conflict of interest arises,
him to take the necessary corrective
the official or employee involved shall resign
action.
from his position in any private business
The individual to whom an opinion is rendered, enterprise within thirty (30) days from his
and any other individual involved in a similar assumption of office and/or divest himself of his
factual situation, and who, after issuance of the share-holdings interest within sixty (60) days
opinion acts in good faith in accordance with it from such assumption. For those who are
shall not be subject to any sanction provided in already in the service, and conflict of interest
the Code. arises, the officer or employee must resign from
his position in the private business enterprise
Rule IX
and/or divest himself of his shareholdings or
Conflict of Interest and Divestment
interest within the periods herein-above
Section 1. (a) An official or employee shall avoid provided, reckoned from the date when the
conflict of interest at all times. conflict of interest had arisen. The same rule
shall apply where the public official or
(b) Conflict of Interest occurs: employee is a partner in a partnership.
(1) When the official or employee is: (b) If the conditions in Section 1 (b) concur,
a) a substantial stockholder; or divestment shall be mandatory for any official
or employee even if he has resigned from his
b) a member of the Board of Directors; or position in any private business enterprise.
c) an officer of the corporation; or (c) Divestment shall be to a person or persons
d) an owner or has substantial interest in a other than his spouse and relatives within the
business; or fourth civil degree of consanguinity or affinity.

e) a partner in a partnership; and (d) The requirements for divestment shall not
apply to those specifically authorized by law
(2) The interest of such corporation or business, and those who served the government in an
or his rights or duties therein, are opposed to or honorary capacity nor to laborers and casual or
affected by the faithful performance of official temporary workers.
duty.
Rule X
(c) A substantial stockholder is any person who Grounds for Administrative Disciplinary Action
owns, directly or indirectly, shares of stock
sufficient to elect a director of a corporation. Section 1. In addition to the grounds for
This term shall also apply to the parties to a administrative disciplinary action prescribed
voting trust. under existing laws, the acts and omissions of
any official or employee, whether or not he
(d) A voting trust means an agreement in holds office or employment in a casual,
writing between one or more stockholders of a temporary, hold-over, permanent or regular
stock corporation for the purpose of conferring capacity, declared unlawful or prohibited by the
upon a trustee or trustees the right to vote and Code, shall constitute the grounds for
the other rights pertaining the shares for certain administrative disciplinary action, and without
24

prejudice to criminal and civil liabilities provided give undue advantage to anyone, or to
herein, such as: prejudice the public interest;

(a) Directly or indirectly having financial and (f) Soliciting or accepting, directly or indirectly,
material interest in any transaction requiring any gift, gratuity, favor, entertainment, loan or
the approval of his office. Financial and material anything of monetary value which in the course
interest is defined as a pecuniary or proprietary of his official duties or in connection with any
interest by which a person will gain or lose operation being regulated by, or any
something; transaction which may be affected by the
functions of, his office. The propriety or
(b) Owning, controlling, managing or accepting
impropriety of the foregoing shall be
employment as officer, employee, consultant,
determined by its value, kinship or relationship
counsel, broker, agent, trustee, or nominee in
between giver and receiver and the motivation.
any private enterprise regulated, supervised or
A thing of monetary value is one which is
licensed by his office, unless expressly allowed
evidently or manifestly excessive by its very
by law;
nature.
(c) Engaging in the private practice of his
Gift refers to a thing or a right disposed of
profession unless authorized by the,
gratuitously, or any act of liberality, in favor of
Constitution, law or regulation, provided that
another who accepts it, and shall include a
such practice will not conflict or tend to conflict
simulated sale or an ostensibly onerous
with his official functions;
disposition thereof.
(d) Recommending any person to any position
Loan covers simple loan and commodatum as
in a private enterprise which has a regular or
well as guarantees, financing arrangement or
pending official transaction with his office,
accommodation intended to ensure its
unless such recommendation or referral is
approval. Commodatum refers to a contract
mandated by (1) law, or (2) international
whereby one of the parties delivers to another
agreements, commitment and obligation, or as
something not consumable so that the latter
part of the functions of his office;
may use the same for a certain time and return
These acts shall continue to be prohibited for a it.
period of one (1) year after resignation,
This prohibition shall not include:
retirement, or separation from public office,
except in the case of paragraph (c) above, but (1) Unsolicited gift of nominal or insignificant
the professional concerned cannot practice his value not given in anticipation of, or in
profession in connection with any matter exchange for, a favor from a public official or
before the office he used to be with, within one employee or given after the transaction is
year after such resignation, retirement, or completed, or service is rendered. As to what is
separation, provided that any violation hereof a gift of nominal value will depend on the
shall be a ground for administrative disciplinary circumstances of each case taking into account
action upon re-entry to the government service. the salary of the official or employee, the
frequency or infrequency of the giving, the
e) Disclosing or misusing confidential or
expectation of benefits, and other similar
classified information officially known to him by
factors.
reason of his office and not made available to
the public, to further his private interests or
25

(2) A gift from a member of his family or relative (h) Unfair discrimination in rendering public
as defined in the Code on the occasion of a service due to party affiliation or
family celebration, and without any expectation preference;
of pecuniary gain or benefit.
(i) Disloyalty to the Republic of the Philippines
(3) Nominal donations from persons with no and to the Filipino people;
regular, pending, or expected transactions with
(j) Failure to act promptly on letters and request
the department, office or agency with which the
within fifteen (15) days from receipt, except as
official or employee is connected, and without
otherwise provided in these Rules.
any expectation of pecuniary gain or benefits.
(k) Failure to process documents and complete
(4) Donations coming from private
action on documents and papers within a
organizations whether local or foreign, which
reasonable time from preparation thereof,
are considered and accepted as humanitarian
except as otherwise provided in these
and altruistic in purpose and mission.
Rules;
(5) Donations from government to government
(l) Failure to attend to anyone who wants to
entities. As to gift or grants from foreign
avail himself of the services of the office, or to
governments, the Congress consents to:
act promptly and expeditiously on public
(i) The acceptance and retention by public personal transactions;
official or employee of a gift of nominal value
(m) Failure to file a sworn statements of assets,
tendered and received as a souvenir or mark of
liabilities and net worth, and disclosure of
courtesy;
business interests and financial connections;
(ii) The acceptance by a public official or and
employee of a gift in the nature of a scholarship
(n) Failure to resign from his position in the
or fellowship grant or medical treatment; or
private business enterprise within thirty (30)
(iii) The acceptance by a public official or days from assumption of public office when
employee of travel grant or expense for travel conflict of interest arises, and/or failure to
taking place entirely outside the Philippines divest himself of his shareholdings or interests
(such as allowances, transportation, food and in private business enterprise within sixty (60)
lodging) of more than nominal value if such days from such assumption of public office
acceptance is appropriate or consistent with the when conflict of interest arises,: Provided
interest of the Philippines, and permitted by the however, that for those who are already in the
head of office, branch, or agency to which he service and a conflict of interest arises, the
belongs. Nothing in the Code shall be construed official or employee must either resign or divest
to restrict or prohibit any educational scientific himself of said interests within the periods
or cultural exchange programs subject to here-in above provided, reckoned from the date
national security requirements. when the conflict of interest had arisen.

(g) Obtaining or using any statement filed under Rule XI


the Code for any purpose contrary to morals or Penalties
public policy or any commercial purpose other
Section 1. Any official or employee regardless of
than by news and communications media for
whether or not he holds office or employment
dissemination to the general public;
in a casual, temporary, holdover, permanent or
26

regular capacity, committing any violation of services rendered by persons who are in
the Code shall be punished with a fine not government without pay or compensation.
exceeding the equivalent of six (6) months
b) The requirements of free voluntary service
salary or suspension not exceeding one (1) year,
are as follows:
or removal depending on the gravity of the
offense after due notice and hearing by the (1) Issuance of an appropriate document;
appropriate body or agency. If the violation is
punishable by a heavier penalty under another (2) Fitness and suitability for the duties and
law, he shall be prosecuted under the latter responsibilities of the particular position;
statute. Violations of Section 7, 8, or 9 of the (3) Compliance with the rule on nepotism
Code shall be punishable with imprisonment
not exceeding five (5) years, or a fine not c) The following are the functions or services
exceeding five thousand pesos (P5,000.00) or that volunteers can perform:
both, and, in the discretion of the court of (1) Advisory;
competent jurisdiction, disqualification to hold (2) Consultancy or counseling;
public office. (3) Recommendatory;
Any violation hereof proven in a proper (4) Professional Services;
administrative proceeding shall be sufficient (5) Staff work such as planning or research; or
cause for removal or dismissal of an official (6) Humanitarian
employee, even if no criminal prosecution is d) Those who render free voluntary service to
instituted against him. the government are covered by the following:
Private individuals who participate in conspiracy 1) Laws on rewards and incentives;
as co-principals, accomplices or accessories, 2) Norms of conduct and ethical standards;
with officials or employees, in violation of the 3) Duties and obligations of public officers and
Code, shall be subject to the same penal employees;
liabilities as the officials or employees and shall
be tried jointly with them. 4) Prohibitions and sanctions enumerated in
these Rules; and
The official or employee concerned may bring 5) Civil and criminal liability
an action against any person who obtains or
uses a report for any purpose prohibited by e) Those who render free voluntary service are,
Section 8 (d) of the Code. The Court in which however, exempted from the filing of
such action is brought may assess against such statements of assets, liabilities and networth
person a penalty in any amount not to exceed and financial disclosures, the requirement on
twenty-five thousand pesos (P25,000.00). If divestment and the appropriate eligibility
another sanction hereunder or under any other requirement, for their designations, and shall
law is heavier, the latter shall apply. not enjoy security of tenure.
Unless otherwise provided in the terms of their
Section 2. Administrative proceedings for designations, volunteers are prohibited from:
violation of these Rules shall be in accordance
with the Civil Service Law and Rules. (1) Exercising supervisory functions over
personnel;
Rule XII (2) Exercising functions of positions involving
Free Voluntary Service national security;
Section 1. (a) Free voluntary service refers to
27

(3) Having access to confidential or classified


information unless authorized by proper
authorities;
(4) Occupying regular plantilla positions;
(5) Having such services credited as government
service and availing themselves of retirements
benefits;
(6) Using facilities and resources of the office
for partisan political purposes; and
(7) Receiving any pecuniary benefits such as
honoraria, allowances and other perquisites of
office.

Rule XIII
Amendment

Section 1. The Civil Service Commission may


amend or modify these Rules as may be
necessary.

Rule XIV
Effectivity

Section 1. These Rules shall take effect thirty


(30) days following the completion of their
publication in the Official Gazette or in a
newspaper of general circulation. Quezon City,
April 21,1989.
28

The Supreme Court is the highest prohibition, mandamus, quo


tribunal in the Philippines. It warranto, and habeas corpus.
consists of the Chief Justice and 14 2. Review, revise, reverse,
Associate Justices, appointed by modify, or affirm an appeal for
the following are the qualifications certiorari, final judgements,
to become a member of the and decrees of inferior courts.
Supreme Court: 3. Assign temporariky judges of
inferior courts to other
1. Natural-born citizen of the stations as public interest
Philippines; many require;
2. at least 40 years of age; 4. Order a change of venue or
3. a judge in a court of record for place of trial to avoid a
at least 15 years or engaged miscarriage of justice.
in the practice of law in the 5. Promulgate rules concerning
Philippines for the same pleading, practice, and
period; and procedure in all courts, the
4. a person of proven admission to practice of law,
competence, integrity, probity and the integratin of the Bar.
and independence. They hold 6. Exercise administrative
office during good behavior supervision over all the courts
until they reach the age of 70 of justice and their personnel.
years or become 7. Discipline judges of inferior
incapacitated to discharge the courts and, by a vote of at
duties of their office. They can least eight justices, order their
be removed only by dismissal.
impeachment. Grounds for 8. Appoint all officials and
impeachment include employees of the Judiciary, in
conviction of culpable accordance with the Civil
violation of the Philippine Service Law.
Constitution, treason, bribery,
other high crimes, or graft and
corruption.

The Supreme Court has the


following powers:

1. Exercise original jurisdiction


over cases affecting
ambassadors, other public
ministers and consuls, and
over petitons for certiorari,
29

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