THE 1987

CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

ARTICLE VI

THE LEGISLATIVE DEPARTMENT

 

Section 1. The legislative power shall be vested in the Congress of the Philippines which shall consist of a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum.

 

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[Sec. 2. Deleted]

[Sec. 3. Deleted]

[Sec. 4. Deleted]

Section 5. (1) The House of Representatives shall be composed of not more than two hundred and fifty members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio, and those who, as provided by law, shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations, and the senators whose term has not expired, until their term expires.

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Sec. 8. Unless otherwise provided by law, the regular election of the Members of the House of Representatives shall be held on the second Monday of May.

Sec. 9. In case of vacancy in the House of Representatives, a special election may be called to fill such vacancy in the manner prescribed by law, but the Member of the House of Representatives thus elected shall serve only for the unexpired term.

Sec. 10. The salaries of Members of the House of Representatives shall be determined by law. No increase in said compensation shall take effect until after the expiration of the full term of all the Members of the House of Representatives approving such increase.

Sec. 11. A Member of the House of Representatives shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest while the Congress is in session. No Member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof.

Sec. 12. All Members of the House of Representatives shall, upon assumption of office, make a full disclosure of their financial and business interests. They shall notify the House concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors.

Sec. 13. No Member of the House of Representatives may hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, during his term without forfeiting his seat.  Neither shall he be appointed to any office which may have been created or the emoluments thereof increased during the term for which he was elected.

Sec. 14. No Member of the House of Representatives may personally appear as counsel before any court of justice or before the Electoral Tribunal, or quasi-judicial and other administrative bodies. Neither shall he, directly or indirectly, be interested financially in any contract with, or in any franchise or special privilege granted by the Government, or any subdivision, agency, or instrumentality thereof, including any government-owned or controlled corporation, or its subsidiary, during his term of office. He shall not intervene in any matter before any office of the Government for his pecuniary benefit or where he may be called upon to act on account of his office.

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Sec. 16. (1). The House of Representatives shall elect its Speaker by a majority vote of all its Members. THE House shall choose such other officers as it may deem necessary.

(2) A majority of THE House shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner, and under such penalties, as THE House may provide.

(3) THE House may determine the rules of its proceedings, punish its Members for disorderly behavior, and, with the concurrence of two-thirds of all its Members, suspend or expel a Member. A penalty of suspension, when imposed, shall not exceed sixty days.

(4) THE House shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as may, in its judgment, affect national security; and the yeas and nays on any question shall, at the request of one-fifth of the Members present, be entered in the Journal. 

THE House shall also keep a Record of its proceedings.

[Subsec. (5) deleted.]

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Sec. 17. The House of Representatives shall have an Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and qualifications of its Members. THE Electoral Tribunal shall be composed of nine Members, three of whom shall be Justices of the Supreme Court to be designated by the Chief Justice, and the remaining six shall be Members of the House of Representatives, who shall be chosen on the basis of proportional representation from the political parties and the parties or organizations registered under the party-list system represented therein. The senior Justice in the Electoral Tribunal shall be its Chairman.

Sec. 18. There shall be a Commission on Appointments consisting of the Speaker of the House, as ex officio Chairman, and TWENTY-FOUR (24) Members of the House of Representatives, elected by THE House on the basis of proportional representation from the political parties and parties or organizations registered under the party-list system represented therein. The chairman of the Commission shall not vote, except in case of a tie. The Commission shall act on all appointments submitted to it within thirty session days of the Congress from their submission. The Commission shall rule by a majority vote of all the Members.

Sec. 19. The Electoral Tribunal and the Commission on Appointments shall be constituted within thirty days after the House of Representatives shall have been organized with the election of the Speaker. The Commission on Appointments shall meet only while the Congress is in session, at the call of its Chairman or a majority of all its Members, to discharge such powers and functions as are herein conferred upon it.

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Sec. 21. The House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in, or affected by, such inquiries shall be respected.

Sec. 22. The heads of departments may, upon their own initiative, with the consent of the President, or upon the request of THE House, as the rules of THE House shall provide, appear before and be heard by such House on any matter pertaining to their departments. Written questions shall be submitted to the Speaker of the House of Representatives at least three days before their scheduled appearance. Interpellations shall not be limited to written questions, but may cover matters related thereto. When the security of the State or the public interest so requires and the President so states in writing, the appearance shall be conducted in executive session.

Sec. 23. (1) The Congress, by a vote of two-thirds, shall have the sole power to declare the existence of a state of war.

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            [Sec. 24 deleted]

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Sec. 25. (5) No law shall be passed authorizing any transfer of appropriations; however, the President, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the heads of Constitutional Commissions may, by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations.

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 (2) No bill passed by THE House shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to its Members three days before its passage, except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal.

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Sec. 27. (1) Every bill passed by the Congress shall, before it becomes a law, be presented to the President. If he approves the same he shall sign it; otherwise, he shall veto it and return the same with his objections to the House OF REPRESENTATIVES, which shall enter the objections at large in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of all the Members of THE House shall agree to pass the bill, it shall become a law. In all such cases, the votes of THE House shall be determined by yeas or nays, and the names of the Members voting for or against shall be entered in its Journal. The President shall communicate his veto of any bill to the House OF REPRESENTATIVES within thirty days after the date of receipt thereof, otherwise, it shall become a law as if he had signed it.

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 ARTICLE VII

EXECUTIVE DEPARTMENT

 

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Sec. 4. The returns of every election for President and Vice-President, duly certified by the board of canvassers of each province or city, shall be transmitted to the Congress, directed to the SPEAKER OF THE HOUSE OF REPRESENTATIVES.  Upon receipt of the certificates of canvass, the SPEAKER OF THE HOUSE shall, not later than thirty days after the day of the election, open all the certificates in the presence of the House of Representatives in public session, and the Congress, upon determination of the authenticity and due execution thereof in the manner provided by law, canvass the votes.

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Sec. 7. Where no President and Vice-President shall have been chosen or shall have qualified, or where both shall have died or become permanently disabled, the Speaker of the House of Representatives, shall act as President until a President or a Vice-President shall have been chosen and qualified.

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Sec. 8. In case of death, permanent disability, removal from office, or resignation of the President, the Vice-President shall become the President to serve the unexpired term. In case of death, permanent disability, removal from office, or resignation of both the President and Vice-President, the Speaker of the House of Representatives, shall then act as President until the President or Vice-President shall have been elected and qualified.

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Sec. 9. Whenever there is a vacancy in the Office of the Vice-President during the term for which he was elected, the President shall nominate a Vice-President from among the Members of the House of Representatives who shall assume office upon confirmation by a majority vote of all the Members of THE House.

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Sec. 11. Whenever the President transmits to the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice-President as Acting President.

Whenever a majority of all the Members of the Cabinet transmit to the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice-President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the Speaker of the House of Representatives his written declaration that no inability exists, he shall reassume the powers and duties of his office. Meanwhile, should a majority of all the Members of the Cabinet transmit within five days to the Speaker of the House of Representatives, their written declaration that the President is unable to discharge the powers and duties of his office, the Congress shall decide the issue. For that purpose, the Congress shall convene, if it is not in session, within forty-eight hours, in accordance with its rules and without need of call.

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Sec. 18. The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The Congress, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.

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Sec. 21. No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the HOUSE OF REPRESENTATIVES.

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ARTICLE XI

ACCOUNTABILITY OF PUBLIC OFFICERS

 

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Sec. 3. (4) In case the verified complaint or resolution of impeachment is filed by at least one-third of all the Members of the House, the same shall constitute the Articles of Impeachment, and trial shall forthwith proceed.

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(6) The HOUSE OF REPRESENTATIVES shall have the sole power to try and decide all cases of impeachment. When sitting for that purpose, the MEMBERS shall be on oath or affirmation. When the President of the Philippines is on trial, the Chief Justice of the Supreme Court shall preside, but shall not vote. No person shall be convicted without the concurrence of two-thirds of all the Members.

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ARTICLE XVIII

TRANSITORY PROVISIONS

 

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Sec. 2. The Members of the House of Representatives, and the local officials first elected under this Constitution shall serve until noon of June 30, 1992.

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Sec. 4. All existing treaties or international agreements which have not been ratified shall not be renewed or extended without the concurrence of at least two-thirds of all the Members of the HOUSE OF REPRESENTATIVES.

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Sec. 17. Until the Congress provides otherwise, the President shall receive an annual salary of three hundred thousand pesos; the Vice-President,  the Speaker of the House of Representatives, and the Chief Justice of the Supreme Court, two hundred forty thousand pesos each; Members of the House of Representatives, the Associate Justices of the Supreme Court, and the Chairmen of the Constitutional Commissions, two hundred four thousand pesos each; and the Members of the Constitutional Commissions, one hundred eighty thousand pesos each.

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Sec. 25. After the expiration in 1991 of the Agreement between the Republic of the Philippines and the United States of America concerning military bases, foreign military bases, troops, or facilities shall not be allowed in the Philippines except under a treaty duly concurred in by the HOUSE OF REPRESENTATIVES and, when the Congress so requires, ratified by a majority of the votes cast by the people in a national referendum held for that purpose, and recognized as a treaty by the other contracting State.

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