Article 9p. 9

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

be

abridged.

The

State

shall,

by

law,

facilitate

the

establishment of adequate consultation mechanisms.

(8) The powers expressly vested in any branch of the

Government shall not be exercised by, nor delegated to,

any other branch of the Government, except to the extent

authorized by the Constitution.

CHAPTER 2 Legislative Power

SECTION

2.

Seat

of

Legislative

Power .

—

The

legislative power shall be vested in the Congress of the

Philippines which shall consist of a Senate and a House of

Representatives, except to the extent reserved to the

people by the Constitutional provision on initiative and

referendum.

SECTION

3.

Inhibitions

Against

Members

of

Congress . — (1) No Senator or 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.

(2)

No

Senator

or

Member

of

the

House

of

Representatives may personally appear as counsel before

any court of justice or before the Electoral Tribunals, 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.

SECTION 4. Electoral Tribunal . — The Senate and the

House of Representatives shall each have an Electoral

Tribunal which shall be the sole judge of all contests

relating to the election, returns, and qualifications of their

respective Members. Each Electoral Tribunal shall be

composed of nine (9) Members, three (3) of whom shall

be Justices of the Supreme Court to be designated by the

Chief Justice, and the remaining six (6) shall be Members

of the Senate or the House of Representatives, as the case

may be, who shall be chosen on the basis of proportional

representation from the political parties and the parties

or organizations registered under the party-list system

represented therein. The senior Justice in the Electoral

Tribunal shall be its Chairman.

SECTION 5. Commission on Appointments . — There

shall be a Commission on Appointments consisting of the

President of the Senate, as ex officio Chairman, and

twelve (12) Senators and twelve (12) Members of the

House of Representatives, elected by each House on the

basis of proportional representation from the political

parties and parties or organizations registered under the

party-list system represented therein. The Chairman of

the Commission shall not vote, except in case of a tie. The

Commission shall act on all appointments submitted to it

within thirty (30) session days of the Congress from their

submission. The Commission shall rule by a majority vote

of all its members.

SECTION 6. Legislative Investigation . — The Senate or

the House of Representatives or any of its respective

committees may conduct inquiries in aid of legislation in

accordance with its duly published rules of procedure.

The rights of persons appearing in or affected by such

inquiries shall be respected.

SECTION 7. Appearance of Heads of Departments . —

The heads of departments may upon their own initiative,

with the consent of the President, or upon the request of

either House, as the rules of each House shall provide,

appear before and be heard by such House on any matter

pertaining to their departments. Written questions shall

be submitted to the President of the Senate or the

Speaker of the House of Representatives at least three (3)

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.

SECTION

8.

Initiative

and

Referendum .

—

The

Congress shall, as early as possible, provide for a system of

initiative and referendum and the exceptions therefrom,

whereby the people can directly propose and enact laws

or approve or reject any act or law or part thereof passed

by

the

Congress

or

local

legislative body after the

registration of a petition therefor signed by at least ten

(10) per centum of the total number of registered voters,

of which every legislative district must be represented by

at least three (3) per centum of the registered voters

thereof.

SECTION

9.

Power

to

Propose

Constitutional

Amendments . — (1) Any amendment to, or revision of the

Constitution may be proposed by: (a) the Congress, upon

a vote of three-fourths (3/4) of all its Members; or (b) a

constitutional convention. The Congress may, by a vote of

two-thirds (2/3) of all its Members, call a constitutional

convention, or by a majority vote of all its Members,

submit to the electorate the question of calling such a

convention.

(2) Amendments to the Constitution may likewise be

directly proposed by the people through initiative upon a

petition of at least twelve (12) per centum of the total

number of registered voters, of which every legislative

district must be represented by at least three (3) per

centum of the registered voters therein. No amendments

under this paragraph shall be authorized within five years

following the ratification of the 1987 Constitution nor

oftener

than

once

every

five

years

thereafter.

The

Congress shall provide for the implementation of the

exercise of this right.

SECTION 10. Validity of Constitutional Amendments .

— (1) Any amendment to or revision of the Constitution

proposed by Congress or a constitutional convention shall

be valid when ratified by a majority of the votes cast in a

plebiscite which shall be held not earlier than sixty days

(60) nor later than ninety days (90) after the approval of

such amendment or revision.

(2) Any amendment to or revision of the Constitution

directly proposed by the people through initiative shall be

valid when ratified by a majority of the votes cast in a

plebiscite which shall be held not earlier than sixty days

(60) nor later than ninety days (90) after the certification

by the Commission on Elections of the sufficiency of the

petition.

CHAPTER 3 Executive Power

SECTION 11. Exercise of Executive Power . — The

Executive power shall be vested in the President.

SECTION 12. The Vice-President . — There shall be a

Vice-President who shall have the same qualifications

and term of office and be elected with and in the same

manner as the President. He may be removed from office

in the same manner as the President.

The Vice-President may be appointed as a Member of

the Cabinet. Such appointment requires no confirmation.

SECTION 13. Vacancy in Office of the President . — In

case of death, permanent disability, removal from office,

or resignation of the President, the Vice-President shall

become the President to serve the unexpired term. In

case of death, permanent disability, removal from office,

or resignation of both the President and Vice-President,

the President of the Senate or, in case of his inability, the

Speaker of the House of Representatives, shall then act as

© Compiled by RGL

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