BOOK
I SOVEREIGNTY AND GENERAL ADMINISTRATION Chapter
1 THE NATIONAL TERRITORY
Sec.
3. What Comprises National Territory. - The national territory
comprises the Philippine archipelago, with all the islands
and waters embraced therein, and all other territories over
which the Philippines has sovereignty or jurisdiction, consisting
of its terrestrial, fluvial, and aerial domains, including
its territorial sea, the seabed, the subsoil, the insular shelves,
and other submarine areas. The waters around, between, and
connecting the islands of the archipelago, regardless of their
breadth and dimensions, form part of the internal waters of
the Philippines.
Sec.
4. Territorial Subdivision of the Philippines. - The territorial
and political subdivisions of the Philippines are the autonomous regions,
provinces, subprovinces, cities, municipalities and barangays.
Chapter
2 THE PEOPLE
Sec.
5. Who are Citizens. - The following are the citizens of the
Philippines:
(1)
Those who are citizens of the Philippines at the time
of the adoption of the Constitution;
(2)
Those whose fathers or mothers are citizens of the
Philippines;
(3)
Those born before January 17, 1973, of Filipino mothers,
who elect Philippine citizenship, unless by the act or
omission they are deemed, under the law, to have renounced
it.
Sec. 6. Effect of Marriage. - Citizens of the
Philippines who marry aliens shall retain their citizenship, unless by
their act or omission they are deemed, under the law, to have renounced it.
Sec. 7. Natural-born Citizen. - Natural-born citizens
are those who are citizens of the Philippines from birth without having
to perform any act to acquire or perfect their Philippine citizenship. Those
who elect Philippine citizenship in accordance with the Constitution
shall be deemed natural-born citizens.
Sec. 8. Loss or Reacquisition of Citizenship.
- Philippine citizenship may be lost or reacquired in the manner provided
by law.
Sec. 9. Dual Allegiance. - Dual allegiance is
inimical to the national interest and shall be dealt with by law.
Chapter
3 STATE IMMUNITY FROM SUIT
Sec.
10. Non-suability of the State. - No suit shall lie against
the State except with its consent as provided by law.
Sec.
11. The State's Responsibility for Acts of Agents. - (1) The State
shall be legally bound and responsible only through the acts performed
in accordance with the Constitution and the laws by its duly authorized
representatives.
(2)
The State shall not be bound by the mistakes or errors of its officers
or agents in the exercise of their functions.
Chapter
4 NATIONAL SYMBOLS AND OFFICIAL LANGUAGES
Sec.
12. National Flag. - (1) The flag of the Philippines shall be red,
white and blue, with a sun and three stars, as consecrated and honored
by the people and recognized by law.
(2)
The custody, ceremonial use, occasion and manner of display,
and the proper care and disposition of the flag shall be
governed by appropriate rules and regulations.
Sec.
13. National Anthem. - Until otherwise provided by law, the musical arrangement
and composition of Julian Felipe is adopted as the national
anthem. It shall be sung or played upon the opening or start
of all state celebrations or gatherings and on such other
occasions as may be prescribed by appropriate rules and regulations.
Sec.
14. Arms and Great Seal of the Republic of the Philippines. - (1) The
Arms shall have paleways of two (2) pieces, azure and gules; a chief
argent studded with three mullets equidistant from each other; and, in
point of honor, ovoid argent over all the sun rayonnant with eight minor
and lesser rays. Beneath shall be a scroll with the words "Republic of
the Philippines, " or its equivalent
in the national language, inscribed thereon.
(2)
The Great Seal shall be circular in form, with the arms as described
in the preceding paragraph, but without the scroll and the inscription
thereon, and surrounding the whole, a double marginal circle within which
shall appear the words "Republic of the
Philippines," or its equivalent in the national language. For
the purpose of placing the Great Seal, the color of the arms
shall not be deemed essential.
Sec.
15. Use and Custody of Great Seal. - The Great Seal shall be affixed
to or placed upon all commissions signed by the President and upon such
other official documents and papers of the Republic of the
Philippines as may be required by custom and usage. The President
shall have custody of the Great Seal.
Sec.
16. Arms, Seals and Banners of Government Offices. - The various offices
of government may adopt appropriate coats-of-arms, seals and banners.
Sec.
17. Official Languages. - Until otherwise provided by law, Pilipino and
English shall be the official languages.
Chapter
5 OPERATION AND EFFECT OF LAWS
Sec.
18. When Laws Take Effect. - Laws shall take effect after fifteen (15)
days following the completion of their publication in the Official
Gazette or in a newspaper of general circulation, unless it is otherwise
provided.
Sec.
19. Prospectivity. - Laws shall have prospective effect unless
the contrary is expressly provided.
Sec. 20.
Interpretation of Laws and Administrative Issuances. - In
the interpretation of a law or administrative issuance promulgated
in all the official languages, the English text shall control,
unless otherwise specifically provided. In case of ambiguity,
omission or mistake, the other texts may be consulted.
Sec. 21.
No Implied Revival of Repealed Law.- When a law which expressly
repeals a prior law itself repealed, the law first repealed
shall not be thereby revived unless expressly so provided.
Sec. 22.
Revival of Law Impliedly Repealed. - When a law which impliedly
repeals a prior law is itself repealed, the prior law shall
thereby be revived, unless the repealing law provides otherwise.
Sec. 23.
Ignorance of the Law. - Ignorance of the law excuses no one
from compliance therewith.
Chapter
6 OFFICIAL GAZETTE
Sec.
24. Contents. - There shall be published in the Official
Gazette all legislative acts and resolutions of a public
nature; all executive and administrative issuances of general application;
decisions or abstracts of decisions of the Supreme Court and the Court
of Appeals, or other courts of similar rank, as may be deemed by said courts
of sufficient importance to be so published; such documents or classes
of documents as may be required so to be published by law; and such documents
or classes of documents as the President shall determine from time
to time to have general application or which he may authorize
so to be published.
The publication of any law,
resolution or other official documents in the Official Gazette
shall be prima facie evidence of its authority.
Sec. 25. Editing and Publications.
- The Official Gazette shall be edited in the Office of the President
and published weekly in Pilipino or in the English language.
It shall be sold and distributed by the National Printing Office
which shall promptly mail copies thereof to subscribers free
of postage.
Chapter
7 REGULAR HOLIDAYS AND NATIONWIDE SPECIAL DAYS
Sec.
26. Regular Holidays and Nationwide Special Days. - (1) Unless
otherwise modified by law, order or proclamation, the following
regular holidays and special days shall be observed in this
country:
New
Year's Day - January 1
Maundy
Thursday - Movable date
Good
Friday - Movable date
Araw
ng Kagitingan (Bataan - April 9 and Corregidor Day)
Labor
Day - May 1
Independence
Day - June 12
National
Heroes Day - Last Sunday of August
Bonifacio
Day - November 30
Christmas
Day - December 25
Rizal
Day - December 30
(B)
Nationwide Special Days
All
Saints Day - November 1
(2)
The terms "legal or regular holiday" and "special
holiday", as used in laws, orders, rules and regulations or other issuances
shall be referred to as "regular holiday" and "special day", respectively.
Sec.
27. Local Special Days. - The President may proclaim any local special
day for a particular date, group or place.
Sec.
28. Pretermission of Holiday. - Where the day, or the last day, for
doing any act required or permitted by law falls on a regular holiday
or special day, the act may be done on the next succeeding business
day.
Chapter
8 LEGAL WEIGHTS MEASURES AND PERIOD
Sec. 29. Official Use of Metric System. - The
metric system of weights and measures shall be used in the Philippines
for all products, articles, goods, commodities, materials, merchandise, utilities,
services, as well as for commercial transactions like contracts, agreements,
deeds and other legal instruments publicly and officially attested, and
for all official documents. Only weights and measures of the metric system
shall be officially sealed and licensed.
Sec.
30. Mandatory Nation-wide Use. - The metric system shall be fully
adopted in all agricultural, commercial, industrial, scientific and
other sectors. Persons or entities allowed under existing laws to use
the English system or other standards and weights are given until the
date to be fixed by the Metric System Board to adopt the metric system.
Sec.
31. Legal Periods. - "Year" shall be understood
to be twelve calendar months; "month" of thirty days, unless it
refers to a specific calendar month in which case it shall be computed
according to the number of days the specific month contains; "day," to
a day of twenty-four hours; and "night," from sunset to sunrise.
Chapter
9 GENERAL PRINCIPLES GOVERNING PUBLIC OFFICERS
Sec. 32. Nature of Public Office. - Public office
is a public trust. Public officers and employees must at all times be
accountable to the people, serve them with the utmost responsibility, integrity,
loyalty and efficiency, act with patriotism and justice, and lead modest lives.
Sec.
33. Policy on Change of Citizenship. - Public officers and employees
owe the Senate and the Constitution allegiance at all times,
and any public officer or employee who seeks to change his citizenship
or acquire the status of an immigrant of another country during
his tenure shall be dealt with by law.
Sec.
34. Declaration of Assets, Liabilities and Net Worth. - A public officer
or employee shall upon assumption of office and as often thereafter as
may be required by law, submit a declaration under oath of his assets,
liabilities, and net worth.
Sec.
35. Ethics in Government. - All public officers and employees shall be
bound by a Code of Ethics to be promulgated by the Civil Service Commission.
Sec.
36. Inhibition Against Purchase of Property at Tax Sale. - No officer
or employee of the government shall purchase directly or indirectly any
property sold by the government for the non-payment of any tax, fee or
other public charge. Any such purchase by an officer or employee shall
be void.
Sec.
37. Powers Incidental to Taking of Testimony. - When authority to take
testimony or receive evidence is conferred upon any administrative officer
or any non-judicial person, committee, or other body, such authority
shall include the power to administer oaths, summon witnesses, and require
the production of documents by a subpoena duces tecum.
Sec.
38. Liability of Superior Officers. - (1) A public officer shall not
be civilly liable for acts done in the performance of his official duties,
unless there is a clear showing of bad faith, malice or gross negligence.
(2)
Any public officer who, without just cause, neglects to perform a duty
within a period fixed by law or regulation, or within a reasonable period
if none is fixed, shall be liable for damages to the private party concerned
without prejudice to such other liability as may be prescribed
by law.
(3)
A head of a department or a superior officer shall not be civilly liable
for the wrongful acts, omissions of duty, negligence, or misfeasance
of his subordinates, unless he has actually authorized by written order
the specific act or misconduct complained of.
Sec.
39. Liability of Subordinate Officers. -No subordinate officer or employee
shall be civilly liable for acts done by him in good faith in the performance
of his duties. However, he shall be liable for willful or negligent
acts done by him which are contrary to law, morals, public policy
and good customs even if he acted under orders or instructions
of his superiors.
Chapter
10 OFFICIAL OATHS
Sec. 40. Oaths of Office for Public Officers
and Employees. - All public officers and employees of the government
including every member of the armed forces shall, before entering
upon the discharge of his duties, take an oath or affirmation to uphold
and defend the Constitution; that he will bear true faith and allegiance
to it; obey the laws, legal orders and decrees promulgated by the
duly constituted authorities; will well and faithfully discharge to the
best of his ability the duties of the office or position upon which he is
about to enter; and that he voluntarily assumes the obligation imposed
by his oath of office, without mental reservation or purpose of evasion.
Copies of the oath shall be deposited with the Civil Service Commission
and the National Archives.
Sec.
41. Officers Authorized to Administer Oath. - (1) The following
officers have general authority to administer oath: Notaries public, members
of the judiciary, clerks of courts, the Secretary of the either
House of the Congress of the Philippines, of departments, bureau directors,
registers of deeds, provincial governors and lieutenant-governors,
city mayors, municipal mayors and any other officer in the service
of the government of the Philippines whose appointment is vested
in the President.
(2) Oaths
may also be administered by any officer whose duties, as defined
by law or regulation, require presentation to him of any statement
under oath..
Sec. 42. Duty
to Administer Oath. - Officers authorized to administer oaths,
with the exception of notaries public, municipal judges and
clerks of court, are not obliged to administer oaths or execute
certificates save in matters of official business; and with
the exception of notaries public, the officer performing the
service in those matters shall charge no fee, unless specifically
authorized by law.
Chapter 11 OFFICIAL REPORTS
Sec.
43. Annual Reports. - The heads of the several branches,
subdivisions, department and agencies or instrumentalities
of the Government shall prepare and submit annual reports to the
President on or before the first day of July 1 of each year.
Sec. 44. Contents of Reports.
- The contents of the annual reports shall be prescribed by law
or, in the absence thereof, by executive order.
Sec. 45. Special Reports.
- Each chief of Bureau or other officer of the government shall
make such special reports concerning the work of his Bureau or
Office as may from time to time be required of him by the President
of the Philippines or Head of Department.
Sec. 46. Deposit with Archives.
- Official copies of annual reports shall be deposited with the
National Archives and shall be open to public inspection.
Chapter 12 PUBLIC CONTRACTS AND CONVEYANCES
Sec.
47. Contracts and Conveyances. - Contracts or conveyances
may be executed for and in behalf of the Government or of
any of its branches, subdivisions, agencies, or instrumentalities,
including government-owned or controlled corporations, whenever
demanded by the exigency or exigencies of the service and
as long as the same are not prohibited by law.
Sec. 48. Official Authorized
to Convey Real Property. - Whenever real property of the Government
is authorized by law to be conveyed, the deed of conveyance shall
be executed in behalf of the government by the following:
(1) For property belonging
to and titled in the name of the Republic of the Philippines,
by the President, unless the authority therefor is expressly
vested by law in another officer.
(2) For property belonging
to the Republic of the Philippines but titled in the name of
any political subdivision or of any corporate agency or instrumentality,
by the executive head of the agency or instrumentality.
Sec. 49. Authority to Convey
other Property. - Whenever property other than real is authorized
to be conveyed, the contract or deed shall be executed by the
head of the agency with the approval of the department head.
Where the operations of the agency regularly involve the sale
or other disposition of personal property, the deed shall be
executed by any officer or employee expressly authorized for
that purpose.
Sec. 50. Conveyance of National
Government Property to Local Governments. - When the real property
belonging to the National Government is needed for school purposes,
or other official use by any local government, the President
shall authorize its transfer, and the department head or other
authority concerned shall execute in favor of the local government
the necessary deed of conveyance by way of gift, sale, exchange,
or otherwise, and upon such terms as shall be for the interest
of the parties concerned. Nothing herein provided shall be deemed
to authorize the conveyance of unreserved public land, friar
land or any real property held by the Government in trust or
for a special purpose defined by law.
Sec. 51. Execution of Contracts.
- (1) Contracts in behalf of the Republic of the Philippines
shall be executed by the President unless authority therefor
is expressly vested by law or by him in any other public officer.
(2) Contracts in behalf of
the political subdivisions and corporate agencies or instrumentalities
shall be approved by their respective governing boards or councils
and executed by their respective executive heads.
