Chapters IX, X, XI, XII

CHAPTER IX: EMERGENCY POWERS

Article 85
The President, as Commander-in-Chief of the Armed Forces, may order any portion of the Armed
Forces into a state of combat readiness in defense of the Republic, before or after the declaration
of a state of emergency, as may be warranted by the situation. All military power or authority shall
at all times, however, be held in subordination to the civil authority and the Constitution.

Article 86
a) The President may, in consultation with the Speaker of the House of Representatives and the
President Pro Tempore of the Senate, proclaim and declare and the existence of a state of
emergency in the Republic or any part thereof. Acting pursuant thereto, the President may
suspend or affect certain rights, freedoms and guarantees contained in this Constitution and
exercise such other emergency powers as may be necessary and appropriate to take care of the
emergency, subject, however, to the limitations contained in this Chapter.
b) A state of emergency may be declared only where there is a threat or outbreak of war or where
there is civil unrest affecting the existence, security or well-being of the Republic amounting to a
clear and present danger.

Article 87
a) Emergency powers do not include the power to suspend or abrogate the Constitution, dissolve
the Legislature, or suspend or dismiss the Judiciary; and no constitutionals amendment shall be
promulgated during a state of emergency. Where the Legislature is not in session, it must be
convened immediately in special session and remain in session during the entire period of the
state of emergency.
b) The writ of habeas corpus shall remain available and exercisable at all times and shall not be
suspended on account of any state of emergency. It shall be enjoyed in the most free, easy,
inexpensive, expeditious and ample manner. Any person who suffers from a violation of this right
may challenge such violation in a court of competent jurisdiction.

Article 88
The President shall, immediately upon the declaration of a state of emergency, but not later than
seven days thereafter, lay before the Legislature at its regular session or at a specially convened
session, the facts and circumstances leading to such declaration. The Legislature shall within
seventy-two hours, by joint resolution voted by two-thirds of the membership of each house,
decide whether the proclamation of a state of emergency is justified or whether the measures
taken thereunder are appropriate. If the two-thirds vote is not obtained, the emergency
automatically shall be revoked. Where the Legislature shall deem it necessary to revoked the
state of emergency or to modify the measures taken thereunder, the President shall act
accordingly and immediately carry out the decisions of the Legislature.

CHAPTER X: AUTONOMOUS PUBLIC COMMISSIONS

Article 89
The following Autonomous Public Commissions are hereby established:
A. CIVIL SERVICE COMMISSION;
B. ELECTIONS COMMISSION; and
C. GENERAL AUDITING COMMISSION
The Legislature shall enact laws for the governance of these Commissions and create other
agencies as may be necessary for the effective operation of Government.

CHAPTER XI: MISCELLANEOUS

Article 90
a) No person, whether elected or appointed to any public office, shall engage in any other activity
which shall be against public policy, or constitute conflict of interest.
b) No person holding office shall demand and receive any other perquisites, emoluments or
benefits, directly or indirectly, on account of any duty required by Government.
c) The Legislature shall, in pursuance of the above provision, prescribe a Code of Conduct for all
public officials and employees, stipulating the acts which constitute conflict of interest or are
against public policy, and the penalties for violation thereof.

CHAPTER XII: AMENDMENTS

Article 91
This Constitution may be amended whenever a proposal by either (1) two-thirds of the
membership of both Houses of the Legislature or (2) a petition submitted to the Legislature, by
not fewer than 10,000 citizens which receives the concurrence of two-thirds of the membership of
both Houses of the Legislature, is ratified by two-thirds of the registered voters, voting in a
referendum conducted by the Elections Commission not sooner than one year after the action of
the Legislature.

Article 92
Proposed constitutional amendments shall be accompanied by statements setting forth the
reasons therefor and shall be published in the Official Gazette and made known to the people
through the information services of the Republic. If more than one proposed amendment is to be
voted upon in a referendum they shall be submitted in such manner that the people may vote for
or against them separately.

Article 93
The limitation of the Presidential term of office to two terms, each of six years duration, may be
subject to amendment; provided that the amendment shall not become effective during the term
of office of the encumbent President.

Next>>>Chapter XIII: Transitional Provisions

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