1935-1987 Constitution, I.P.R.A. 8371, U.N. Declaration Of I.P. IPRA CASE Book And Other R.A. And P.D.
Table of Contents
- 1935 Constitution of the Republic of the Philippines
- United Nation Declaration of Indigenous People
- A Divided Court: I.P.R.A. Case Book
- Philippine Constitution 1987
- Implementing Guidelines R.A. 8371
- 20 100 Peso Bill 1935 Constitution
- NCIP-DENR-CIR. MEMO. ORDER P.D. 772
- Supreme Court History
- Overdue Philippine Independence
- Presidential Decree 722
- Jones Law
- KFH Compromise Agreement
- Presidential Decree 892
- Wiki US Memo
- NCIP Cover Letter
- Constitution of the Philippines evolution 6.2.10
- International Covenant on Economic. O.C.T.01-04
- Judicial corruption phil.9.12.10
- L.R.A. 1903. PHIL ACT 496
- LAND RIGHTS HISTORY SOVEREIGNTY 12.18.09
- PENA LAW BOOK LRA. LAND TITLES AND DEEDS
- PRESIDENTIAL DECREE NO 1521
- Promotion of Human Rights and Democratisation in the EU
- R.A.386 WORKOUT
- R.P. NATIONAL TREASURY CIRCULAR 2009
- REPUBLIC ACT NO. 4864 LOCALPOLICE COMMISSION
- REPUBLIC ACT No. 6040.C.S.C
- REPUBLIC ACT No. 6770 OMBUDSMAN
- Republic Act No. 6975 D.I.L.G. PNP
- RES JUDICATA
- State and Jusdicial 9.11.10. 1987 Constitution
- The Constitution of the United States 9.12.10
- The Philippine-American Constitution and Independence
- U.S. Declaration Treaty of Paris
- Laws
1935 Constitution of the Republic of the Philippines
1935
CONSTITUTION OF
THE
REPUBLIC
OF THE PHILIPPINES
Preamble The
Filipino people, imploring the aid of Divine Providence, in order to
establish a government that shall embody their ideals, conserve and
develop the patrimony of the nation, promote the general welfare, and
secure to themselves and their posterity the blessings of independence
under a regime of justice, liberty, and democracy, do ordain and
promulgate this Constitution. ARTICLE
I The
National Territory
Set
forth: RATIFICATION OF THE TREATY -
December 10, 1898 – Article III- Treaty ending the war between Spain
and the United States, in Article III – Spain cedes to the United
States the archipelago known as the Philippine Island, and comprehending
the islands lying within the following line: line running from west to east
along or near the twentieth parallel of north latitude, and through the
middle of the navigable channel of Bachi, from
the one hundred and eighteenth (118th) to the one hundred and twenty-seventh (127th
) degree meridian of longitude east of Greenwich, thence along the one hundred and twenty seventh
(127th ) degree
meridian of longitude east of Greenwich, to the parallel of four degrees
and forty five minutes (4,
45’) north latitude, thence along the parallel of four degrees and
forty five minutes (4, 45’)
north to its intersection with the meridian of longitude one hundred and
nineteen degrees and thirty
five minutes (119, 35’) east of Greenwich, thence along the meridian of
longitude one hundred and nineteen degrees and thirty five minutes (119,
35’) east of Greenwich to the parallel of latitude seven degrees and forty minutes
(7, 40’) north, thence along the parallel of latitude of seven degree and forty minutes (7, 40’) north
to its intersection with the one hundred and sixteenth (116th )
degree meridian of longitude with the one hundred and eighteenth
(118th ) degree meridian of longitude east of Greenwich, and
thence along the one hundred and eighteenth (118th ) degree
meridian of longitude east of Greenwich to the point of beginning. The United States will pay to
Spain the sum of twenty million dollars ($20,000,000.00) within three
months after the exchange of the ratification of the present
treaty. ARTICLE
II Declaration
of Principles
Section
2. The
defense of the State is a prime duty of government, and in the fulfillment
of this duty all citizens may be required by law to render personal
military or civil service. Section
3.
The Philippines renounces war as an instrument of national policy, and
adopts the generally accepted principles of international law as part of
the law of the Nation. Section
4.
The natural right and duty of parents in the rearing of the youth for
civic efficiency should receive the aid and support of the government.
Section
5.
The promotion of social justice to insure the well-being and economic
security of all the people should be the concern of the State.
ARTICLE
III Bill
of Rights
(1)
No person shall be deprived of life, liberty,
or property without due process of law, nor shall any person be denied the
equal protection of the laws. (2)
Private property shall not be taken for
public use without just compensation. (3)
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches
and seizures shall not be violated, and no warrants shall issue but upon
probable cause, to be determined by the judge after examination under oath or
affirmation of the complainant and the witnesses he may produce, and particularly describing the place
to be searched, and the persons or things to be seized. (4)
The
liberty of abode and of changing the same within the limits prescribed by
law shall not be impaired. (5)
The
privacy of communication and correspondence shall be inviolable except
upon lawful order of the court or when public safety and order require
otherwise. (6)
The right to form associations or
societies for purposes not contrary to law shall not be abridged. (7)
No law shall be made respecting an establishment of religion, or
prohibiting the free exercise thereof, and the free exercise and enjoyment
of religious profession and worship, without discrimination or preference,
shall forever be allowed. No religious test shall be required for the
exercise of civil or political rights. (8)
No
law shall be passed abridging the freedom of speech, or of the press, or the right of the people peaceably to
assemble and petition the
Government for redress of grievances.
(9)
No law granting a title of nobility shall be enacted, and no person
holding any office of profit shall, without the consent of the Congress of
the Philippines, accept any present, emolument, office, or title of any
kind whatever from any foreign state. (10)
No law impairing the obligation of contracts shall be passed. (11) No ex post facto law or bill
of attainder shall be enacted. (12)
No
person shall be imprisoned for debt or non-payment of a poll tax. (13)
No involuntary servitude
in any form shall exist except as a punishment for crime whereof the party
shall have been duly convicted. (14)
The privilege of the writ of habeas corpus shall not be suspended except
in
cases of invasion, insurrection, or rebellion, when the public safety
requires it, in any of which events the same may be suspended wherever
during such period the necessity for such suspension shall exist. (15)
No person shall be held to answer for a criminal offense without due
process of law. (16)
All
persons shall before conviction be bailable by
sufficient sureties, except those charged with capital offenses when
evidence of guilt is strong. Excessive bail shall not be required. (17)
In all criminal prosecutions the accused shall be presumed to be innocent
until the contrary is proved, and shall enjoy the right to be heard by
himself and counsel, to be informed of the nature and cause of the
accusation against him, to have a speedy and public trial, to meet the
witnesses face to face, and to have compulsory process to secure the
attendance of witnesses in his behalf. (18)
No
person shall be compelled to be a witness against himself. (19)
Excessive
fines shall not be imposed, nor cruel and unusual punishment inflicted. (20)
No person shall be twice put in jeopardy of punishment for the same
offense. If an act is punished by a law and an ordinance, conviction or
acquittal under either shall constitute a bar to another prosecution for
the same act. (21)
Free access to the courts shall not be denied to any person by reason of
poverty. ARTICLE
VIII Judicial
Department
Section
2. The
Congress shall have the power to define, prescribe and apportion the
jurisdiction of various courts, but may not deprive the Supreme Court of its original
jurisdiction over cases affecting ambassadors, other public ministers, and consuls,
nor of its jurisdiction to review, revise, reverse, modify, or affirm on
appeal, certiorari, or writ of error, as the law or the rules of court may
provide, final judgments and decrees of inferior courts in:
(1)
All
cases in which the constitutionality or validity of any
treaty, law, ordinance, or executive order or regulation is in
question. (2)
All
cases involving the legality of any tax, impost, assessment, or toll, or
any penalty imposed in relation thereto.
Section
4. The
Supreme Court shall be composed of a Chief Justice and ten Associate
Justices and may sit either en banc or in two divisions unless otherwise
provided by law. Section
8. The
Congress shall prescribe the qualifications of judges of inferior courts,
but no person may be appointed judge of any such courts unless he is a
citizen of the Philippines and has been admitted to the practice of law in
the Philippines. Section
9. The Members of the Supreme Court and all judges of inferior courts
shall hold office during good behavior, until
they reach the age of seventy years, or become incapacitated to discharge
the duties of their office.
They shall receive such compensation as may be fixed by law, which
shall not be diminished during their continuance in office. Until the
Congress shall provide otherwise, the Chief Justice of the Supreme Court
shall receive an annual compensation of sixteen thousand pesos, and each
Associate Justice, fifteen thousand pesos. Section
10. All cases involving the constitutionality of
a treaty or law shall be heard and
decided by the Supreme Court en banc, and no treaty or law
may be declared unconstitutional
without the concurrence of two-thirds
of all the Members of the Court. Section
11. The conclusions of the Supreme Court in any case submitted to it for
decision shall be reached in consultation
before the case is assigned to a Justice for a writing of the
opinion of the Court. Any Justice dissenting from a decision shall state
the reasons for his dissent. Section
12. No
decision shall be rendered by any court of record without expressing
therein clearly and distinctly the facts and the law on which it is based.
Section
13. The
Supreme Court shall have the power to promulgate rules concerning
pleading, practice, and procedure in all courts, and the admission to the
practice of law. Said rules shall be uniform for all courts of the same
grade and shall not diminish, increase, or modify substantive rights. The
existing laws on pleading, practice, and procedure are hereby repealed as
statutes, and are declared Rules of Courts, subject to the power of the
Supreme Court to alter and modify the same. The Congress shall have the
power to repeal, alter or supplement the rules concerning pleading,
practice, and procedure, and the admission to the practice of law in the
Philippines. ARTICLE
XIII Conservation
and Utilization of Natural Resources
R.A.3110
ELECTRIC GRID OF THE PHILIPPINES ENDED 2006 AS DESCRIBED OF THE ACT. Henceforth,
the Republic should located
the Private Property Owner for a Pre and Prior Consent of the Land of the Indigenous
especially the terms of the Government already have been terminated
specified on the Treaty of Paris
on ARTICLE XVI. Article XVI: It is
understood that any obligation assumed in this treaty by the United States
with respect to Cuba are
limited to the time of occupancy thereof; but it will upon TERMINATION OF
SUCH OCCUPANCY, ADVICE ANY Gov’t
established in the island to assume the same
obligations: (Please see
“Oath of Undertaking” attached) Section
2. No private corporation or association may
acquire, lease, or hold public agricultural lands in excess of one
thousand and twenty four hectares, nor may any individual acquire such
lands by purchase in excess of one hundred and forty four hectares, or by lease in excess of one thousand and twenty
four hectares, or by homestead in excess of twenty-four hectares.
Lands adapted to grazing, not exceeding two thousand hectares, may be
leased to an individual, private corporation, or association.
Section
3. The
Congress may determine by law the size of private agricultural land which
individuals, corporations, or associations may acquire and hold, subject
to rights existing prior to the enactment of such law.
Section
4. The Congress may authorize, upon payment of just compensation, the
expropriation of lands to be subdivided into small lots and conveyed at
cost to individuals. Section
5. Save in cases of hereditary
succession, no private agricultural land shall be transferred or
assigned except to individuals, corporations, or associations qualified to
acquire or hold lands of the public domain in the Philippines.
Section
6. The State may, in the interest of national welfare and defense,
establish and operate industries and means of transportation and
communication, and upon payment of just compensation, transfer to public
ownership utilities and other private enterprise to be operated by the
Government. ARTICLE
XIV General
Provisions
Section
2. All public officers and members of the armed forces shall take an oath
to support and defend the Constitution. Section
3. The
Congress shall take steps toward the development and adoption of a common
national language based on one of the existing native languages. Until
otherwise provided by law, English and Spanish shall continue as official
languages. Section
4. The
State shall promote scientific research and invention. Arts and letters
shall be under its patronage. The exclusive right to writings and
inventions shall be secured to authors and inventors for a limited period.
Section
5.
All educational institutions shall be under the supervision of and subject
to regulation by the State. The Government shall establish and maintain a
complete and adequate system of public education, and shall provide at
least free public primary instruction, and
citizenship training to adult citizens. All schools shall aim to develop
moral character, personal discipline, civic conscience, and vocational
efficiency, and to teach the duties of citizenship. Optional religious instruction
shall be maintained in the public schools as now authorized by law.
Universities established by the State shall enjoy academic freedom. The
State shall create scholarships in arts, science, and letters for
specially gifted citizens. Section
6. The
State shall afford protection to labor, especially to working women, and
minors, and shall regulate the relations between the landowner and tenant,
and between labor and capital in industry and in agriculture. The State
may provide for compulsory arbitration. Section
7. The
Congress shall not, except by
general law, provide for the
formation, organization, or regulation of private corporations, unless such corporations are owned
and controlled by the Government or any subdivision or instrumentality
thereof. Section
8. No
franchise, certificate, or any other form of authorization for the
operation of a public utility shall be granted except to citizens of the
Philippines or to corporations or other entities organized under the laws
of the Philippines sixty per centum of the capital of which is owned by
citizens of the Philippines, nor shall such franchise, certificate, or authorization be exclusive in
character or for a longer period than fifty years. No franchise or
right shall be granted to any individual, firm, or corporation, except
under the condition that it shall be subject to amendment, alteration, or
repeal by the Congress when the public interest so requires. ARTICLE
XV Amendments
ARTICLE
XVI Transitory
Provisions
Section
2. All laws of
the Philippine Islands shall
continue in force until the inauguration of the Commonwealth of the
Philippines; thereafter, such laws
shall remain operative, unless
inconsistent with this
Constitution, until amended, altered, modified, or repealed by the
Congress of the Philippines, and all
references in such laws to the Government or officials of the Philippine
Islands shall be construed, insofar as applicable, to refer to the
government and corresponding officials under this Constitution.
Section
3. All courts existing at the time of the adoption of this Constitution shall continue and exercise their
jurisdiction, until otherwise provided by law in accordance with
this Constitution, and all cases, civil and criminal, pending in said
courts, shall be heard, tried, and determined under the laws then in
force. Section
4. All officers and employees in the existing Government of the Philippine
Islands shall continue in office until the Congress shall provide
otherwise, but all officers whose appointments are by this Constitution
vested in the President shall, vacate their respective offices upon the
appointment and qualification of their successors, if such appointment is
made within a period of one year from the date of the inauguration of the
Commonwealth of the Philippines. Section
5. The Members of the House of Representatives for the Mountain Province
shall be elected as may be provided by law. The voters of municipalities
and municipal districts formerly belonging to a special province and now
forming part of regular provinces shall vote in the election for Members
of the House of Representatives in such districts as may be provided by
law. Section
6. The provisions of this Constitution, except those contained in this
article and in Article V, and those which refer to the election and
qualifications of officers to be elected under this Constitution, shall
not take effect until the inauguration of the Commonwealth of the
Philippines. ARTICLE
XVII Special
Provisions Effective upon the Proclamation of
the Independence of the Philippines
(1)
The property rights of
the United States and the Philippines shall be promptly adjusted and settled, and all existing property rights of citizens
or corporations of the United States shall be acknowledged, respected, and
safeguarded to the same extent as property rights of the Philippines.
(2).
The officials elected and serving under this Constitution shall be constitutional officers of the free and
independent Government of the Philippines and qualified to function in all
respects as if elected directly under such Government, and shall
serve their full terms of office as prescribed in this Constitution.
(3)The
debts and liabilities of the Philippines,
its provinces, cities, municipalities, and instrumentalities, which shall be valid and
subsisting at the time of the final and complete withdrawal of the
sovereignty of the United States, shall be assumed by the free and independent Government
of the Philippines; and where
bonds have been issued under authority of an Act of Congress of
the United States by the Philippine Islands, or any province, city or
municipality therein, the Government of the Philippines
will make adequate provision for
the necessary funds for the payment of interest and principal, and such
obligations shall be a first lien on all taxes collected.
(4)
The Government of the Philippines will assume all continuing obligations
of the United States under the
Treaty of Peace with Spain ceding the Philippine Islands to the United
States. (5)
The
Government of the Philippines will
embody the foregoing provisions of this article (except subsection
(2)) in a treaty with the United States. ARTICLE
XVIII The
Commonwealth and the Republic
ORDINANCE
APPENDED TO THE 1935 CONSTITUTION
[The
1935 Constitution was ratified on May 14,
1935] |
From the RATIFICATION
OF THE Same TREATY - December 10, 1898
Article XIII
- The Right of property secured by
copyright and patents acquired by Spaniards in the Island of Cuba and in Porto
Rico, the Philippines and other ceded territories, at the time of the exchange
of the ratifications of this treaty, shall continue to be respected. Spanish scientific, literary and
artistic works, not subversive of public order in the territories in question,
shall continue to be admitted free of duty into such territories, for the period
of ten years, to be reckoned from the date of the exchanged of the ratifications
of this treaty.
Article
XIV - Spain will have the power to
establish consular officers in the ports and places of the territories, the
sovereignty over which has been either relinquished or ceded by the present
treaty.