Difference between revisions of "Philippine Constitution"

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+<center>{{Unlawful philippines}}</center>
 =THE 1987 CONSTITUTION OF THE REPUBLIC OF THE [[Philippines|'''PHILIPPINES''']]=
 ==PREAMBLE ==
@@ Line 19: / Line 20: @@
 Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.
 ===ARTICLE II - Section 6===
 Section 6. The separation of Church and State shall be inviolable.
+:::<font size=2 color=green face=papyrus>''Note''
+:::'''*Meaning of "Separation": "Kept apart or forced apart. Not together. Does not function as one."'''
+:::*'''Meaning of "Church": "Any organized religion registered with the government."'''
+:::*'''Meaning of "State": "The government."'''
+:::*'''Meaning of "Inviolable": "That which is not to be violated". This means that the Judicial branch of the government can't twist the meaning of the word just to accommodate an organization (religion or church).''' </font>
+::::*This section must be invoked when administering the functions of:
+::::**[[Philippine_Constitution#ARTICLE_III_BILL_OF_RIGHTS_Section_5|Article 3 (Bill of rights), section 5]]: No law shall be made respecting an establishment of religion .... Government must never promote a religion or religions.
+::::** [[Philippine_Constitution#ARTICLE_VI_Section_29|Article 6, section 29, subsection 2]] without exemption. Government must never finance a religion by creating commissions to help its followers
+:::::Note: currently the Philippine government violates article II section 6 via the violation of [[Philippine_Constitution#Section_29|Article 6, section 9, subsection 2]].
+:::::*By financing the NCMF and Shari'ah law. These two laws are only for the religion of Islam whose followers are Muslims(Moros).'''
 ===ARTICLE II - Section 7===
 Section 7. The State shall pursue an independent foreign policy. In its relations with other states, the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination.
@@ Line 77: / Line 89: @@
 ===ARTICLE III BILL OF RIGHTS Section 5===
 Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. 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.
+:::NOTE:''The Philippines created these laws favoring and promoting the religion of Islam.''
+::::*''The NCMF - RA9997 - National Commission on Muslim Filipinos. Created and financed exclusively for Muslims(Moros).''
+::::*''Shari'ah Law - Presidential decree 1083. Shari'ah courts finance by the government.''
+::::*''Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) - For Muslims(Moros) financed by the government.''
 ===ARTICLE III BILL OF RIGHTS - Section 6===
@@ Line 141: / Line 157: @@
 ==ARTICLE VI THE LEGISLATIVE DEPARTMENT==
-===Section 1===
+===ARTICLE VI Section 1===
 Section 1. 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 provision on initiative and referendum.
-===Section 2===
+===ARTICLE VI Section 2===
 Section 2. The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law.
-===Section 3===
+===ARTICLE VI Section 3===
 Section 3. No person shall be a Senator unless he is a natural-born citizen of the Philippines and, on the day of the election, is at least thirty-five years of age, able to read and write, a registered voter, and a resident of the Philippines for not less than two years immediately preceding the day of the election.
 ===Section 4===
@@ Line 198: / Line 214: @@
 ===Section 24===
 Section 24. All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local application, and private bills, shall originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments.
-===Section 25===
+===ARTICLE VI Section 25===
 Section 25.
 :(1) The Congress may not increase the appropriations recommended by the President for the operation of the Government as specified in the budget. The form, content, and manner of preparation of the budget shall be prescribed by law.
@@ Line 207: / Line 223: @@
 :(6) Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be supported by appropriate vouchers and subject to such guidelines as may be prescribed by law.
 :(7) If, by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed re-enacted and shall remain in force and effect until the general appropriations bill is passed by the Congress.
-===Section 26===
+===ARTICLE VI Section 26===
 Section 26. (1) Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof.
 (2) No bill passed by either 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.
-===Section 27===
+===ARTICLE VI Section 27===
 Section 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 where it originated, 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 such House shall agree to pass the bill, it shall be sent, together with the objections, to the other House by which it shall likewise be reconsidered, and if approved by two-thirds of all the Members of that House, it shall become a law. In all such cases, the votes of each 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 where it originated within thirty days after the date of receipt thereof, otherwise, it shall become a law as if he had signed it.
 :(2) The President shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object.
-===Section 28===
+===ARTICLE VI Section 28===
 Section 28.
 :(1) The rule of taxation shall be uniform and equitable. The Congress shall evolve a progressive system of taxation.
@@ Line 220: / Line 236: @@
 :(3) Charitable institutions, churches and personages or convents appurtenant thereto, mosques, non-profit cemeteries, and all lands, buildings, and improvements, actually, directly, and exclusively used for religious, charitable, or educational purposes shall be exempt from taxation.
 :(4) No law granting any tax exemption shall be passed without the concurrence of a majority of all the Members of the Congress.
-===Section 29===
+===ARTICLE VI Section 29===
 Section 29.
 :(1) No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.
 :(2) No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or of any priest, preacher, minister, other religious teacher, or dignitary as such, except when such priest, preacher, minister, or dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium.
 :(3) All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only. If the purpose for which a special fund was created has been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of the Government.
-===Section 30===
+===ARTICLE VI Section 30===
 Section 30. No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in this Constitution without its advice and concurrence.
-===Section 31===
+===ARTICLE VI Section 31===
 Section 31. No law granting a title of royalty or nobility shall be enacted.
 ===Section 32===
@@ Line 233: / Line 249: @@
 ==ARTICLE VII EXECUTIVE DEPARTMENT==
-===Section 1===
+===ARTICLE VII Section 1===
 Section 1. The executive power shall be vested in the President of the Philippines.
-===Section 2===
+===ARTICLE VII Section 2===
 Section 2. No person may be elected President unless he is a natural-born citizen of the Philippines, a registered voter, able to read and write, at least forty years of age on the day of the election, and a resident of the Philippines for at least ten years immediately preceding such election.
-===Section 3===
+===ARTICLE VII Section 3===
 Section 3. 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 4===
+===ARTICLE VII Section 4===
 Section 4. The President and the Vice-President shall be elected by direct vote of the people for a term of six years which shall begin at noon on the thirtieth day of June next following the day of the election and shall end at noon of the same date, six years thereafter. The President shall not be eligible for any re-election. No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time.
 No Vice-President shall serve for more than two successive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of the service for the full term for which he was elected.
@@ Line 249: / Line 265: @@
 The Congress shall promulgate its rules for the canvassing of the certificates.
 The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the election, returns, and qualifications of the President or Vice-President, and may promulgate its rules for the purpose.
-===Section 5===
+===ARTICLE VII Section 5===
 Section 5. Before they enter on the execution of their office, the President, the Vice-President, or the Acting President shall take the following oath or affirmation:
 "I do solemnly swear [or affirm] that I will faithfully and conscientiously fulfill my duties as President [or Vice-President or Acting President] of the Philippines, preserve and defend its Constitution, execute its laws, do justice to every man, and consecrate myself to the service of the Nation. So help me God." [In case of affirmation, last sentence will be omitted].
-===Section 6===
+===ARTICLE VII Section 6===
 Section 6. The President shall have an official residence. The salaries of the President and Vice-President shall be determined by law and shall not be decreased during their tenure. No increase in said compensation shall take effect until after the expiration of the term of the incumbent during which such increase was approved. They shall not receive during their tenure any other emolument from the Government or any other source.
-===Section 7===
+===ARTICLE VII Section 7===
 Section 7. The President-elect and the Vice President-elect shall assume office at the beginning of their terms.
 If the President-elect fails to qualify, the Vice President-elect shall act as President until the President-elect shall have qualified.
@@ Line 261: / Line 277: @@
 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 President of the Senate or, in case of his inability, the Speaker of the House of Representatives, shall act as President until a President or a Vice-President shall have been chosen and qualified.
 The Congress shall, by law, provide for the manner in which one who is to act as President shall be selected until a President or a Vice-President shall have qualified, in case of death, permanent disability, or inability of the officials mentioned in the next preceding paragraph.
-===Section 8===
+===ARTICLE VII Section 8===
 Section 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 President of the Senate or, in case of his inability, the Speaker of the House of Representatives, shall then act as President until the President or Vice-President shall have been elected and qualified.
 The Congress shall, by law, provide who shall serve as President in case of death, permanent disability, or resignation of the Acting President. He shall serve until the President or the Vice-President shall have been elected and qualified, and be subject to the same restrictions of powers and disqualifications as the Acting President.
-===Section 9===
+===ARTICLE VII Section 9===
 Section 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 Senate and the House of Representatives who shall assume office upon confirmation by a majority vote of all the Members of both Houses of the Congress, voting separately.
-===Section 10===
+===ARTICLE VII Section 10===
 Section 10. The Congress shall, at ten o'clock in the morning of the third day after the vacancy in the offices of the President and Vice-President occurs, convene in accordance with its rules without need of a call and within seven days, enact a law calling for a special election to elect a President and a Vice-President to be held not earlier than forty-five days nor later than sixty days from the time of such call. The bill calling such special election shall be deemed certified under paragraph 2, Section 26, Article V1 of this Constitution and shall become law upon its approval on third reading by the Congress. Appropriations for the special election shall be charged against any current appropriations and shall be exempt from the requirements of paragraph 4, Section 25, Article V1 of this Constitution. The convening of the Congress cannot be suspended nor the special election postponed. No special election shall be called if the vacancy occurs within eighteen months before the date of the next presidential election.
-===Section 11===
+===ARTICLE VII Section 11===
 Section 11. Whenever the President transmits to the President of the Senate and 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.
@@ Line 276: / Line 292: @@
 If the Congress, within ten days after receipt of the last written declaration, or, if not in session, within twelve days after it is required to assemble, determines by a two-thirds vote of both Houses, voting separately, that the President is unable to discharge the powers and duties of his office, the Vice-President shall act as President; otherwise, the President shall continue exercising the powers and duties of his office.
-===Section 12===
+===ARTICLE VII Section 12===
 Section 12. In case of serious illness of the President, the public shall be informed of the state of his health. The members of the Cabinet in charge of national security and foreign relations and the Chief of Staff of the Armed Forces of the Philippines, shall not be denied access to the President during such illness.
-===Section 13===
+===ARTICLE VII Section 13===
 Section 13. The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall not, unless otherwise provided in this Constitution, hold any other office or employment during their tenure. They shall not, during said tenure, directly or indirectly, practice any other profession, participate in any business, or be financially interested in any contract with, or in any franchise, or special privilege granted by the Government or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of their office.
 The spouse and relatives by consanguinity or affinity within the fourth civil degree of the President shall not, during his tenure, be appointed as Members of the Constitutional Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including government-owned or controlled corporations and their subsidiaries.
-===Section 14===
+===ARTICLE VII Section 14===
 Section 14. Appointments extended by an Acting President shall remain effective, unless revoked by the elected President, within ninety days from his assumption or reassumption of office.
-===Section 15===
+===ARTICLE VII Section 15===
 Section 15. Two months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety.
-===Section 16===
+===ARTICLE VII Section 16===
 Section 16. The President shall nominate and, with the consent of the Commission on Appointments, appoint the heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution. He shall also appoint all other officers of the Government whose appointments are not otherwise provided for by law, and those whom he may be authorized by law to appoint. The Congress may, by law, vest the appointment of other officers lower in rank in the President alone, in the courts, or in the heads of departments, agencies, commissions, or boards.
 The President shall have the power to make appointments during the recess of the Congress, whether voluntary or compulsory, but such appointments shall be effective only until disapproved by the Commission on Appointments or until the next adjournment of the Congress.
-===Section 17===
+===ARTICLE VII Section 17===
 Section 17. The President shall have control of all the executive departments, bureaus, and offices. He shall ensure that the laws be faithfully executed.
-===Section 18===
+===ARTICLE VII Section 18===
 Section 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, voting jointly, 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.
@@ Line 304: / Line 320: @@
 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===
+===ARTICLE VII Section 19===
 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===
+===ARTICLE VII Section 20===
 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===
+===ARTICLE VII Section 21===
 Section 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 Senate.
-===Section 22===
+===ARTICLE VII Section 22===
 Section 22. The President shall submit to the Congress, within thirty days from the opening of every regular session as the basis of the general appropriations bill, a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures.
-===Section 23===
+===ARTICLE VII Section 23===
 Section 23. The President shall address the Congress at the opening of its regular session. He may also appear before it at any other time.