THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES – ARTICLE XII | GOVPH (2022)

ARTICLE XII

NATIONAL ECONOMY AND PATRIMONY

Section 1. The goals of the national economy are a more equitable distribution of opportunities, income, and wealth; a sustained increase in the amount of goods and services produced by the nation for the benefit of the people; and an expanding productivity as the key to raising the quality of life for all, especially the underprivileged.

The State shall promote industrialization and full employment based on sound agricultural development and agrarian reform, through industries that make full and efficient use of human and natural resources, and which are competitive in both domestic and foreign markets. However, the State shall protect Filipino enterprises against unfair foreign competition and trade practices.

In the pursuit of these goals, all sectors of the economy and all regions of the country shall be given optimum opportunity to develop. Private enterprises, including corporations, cooperatives, and similar collective organizations, shall be encouraged to broaden the base of their ownership.

Section 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. With the exception of agricultural lands, all other natural resources shall not be alienated. The exploration, development, and utilization of natural resources shall be under the full control and supervision of the State. The State may directly undertake such activities, or it may enter into co-production, joint venture, or production-sharing agreements with Filipino citizens, or corporations or associations at least sixtyper centumof whose capital is owned by such citizens. Such agreements may be for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and under such terms and conditions as may be provided by law. In cases of water rights for irrigation, water supply fisheries, or industrial uses other than the development of water power, beneficial use may be the measure and limit of the grant.

The State shall protect the nation’s marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.

The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens, as well as cooperative fish farming, with priority to subsistence fishermen and fishworkers in rivers, lakes, bays, and lagoons.

(Video) Article XII of the 1987 Philippine Constitution

The President may enter into agreements with foreign-owned corporations involving either technical or financial assistance for large-scale exploration, development, and utilization of minerals, petroleum, and other mineral oils according to the general terms and conditions provided by law, based on real contributions to the economic growth and general welfare of the country. In such agreements, the State shall promote the development and use of local scientific and technical resources.

The President shall notify the Congress of every contract entered into in accordance with this provision, within thirty days from its execution.

Section 3. Lands of the public domain are classified into agricultural, forest or timber, mineral lands and national parks. Agricultural lands of the public domain may be further classified by law according to the uses to which they may be devoted. Alienable lands of the public domain shall be limited to agricultural lands. Private corporations or associations may not hold such alienable lands of the public domain except by lease, for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and not to exceed one thousand hectares in area. Citizens of the Philippines may lease not more than five hundred hectares, or acquire not more than twelve hectares thereof, by purchase, homestead, or grant.

Taking into account the requirements of conservation, ecology, and development, and subject to the requirements of agrarian reform, the Congress shall determine, by law, the size of lands of the public domain which may be acquired, developed, held, or leased and the conditions therefor.

Section 4. The Congress shall, as soon as possible, determine, by law, the specific limits of forest lands and national parks, marking clearly their boundaries on the ground. Thereafter, such forest lands and national parks shall be conserved and may not be increased nor diminished, except by law. The Congress shall provide for such period as it may determine, measures to prohibit logging in endangered forests and watershed areas.

Section 5. The State, subject to the provisions of this Constitution and national development policies and programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and cultural well-being.

The Congress may provide for the applicability of customary laws governing property rights or relations in determining the ownership and extent of ancestral domain.

(Video) The 1987 Constitution of the Republic of the Philippines - Article XII

Section 6. The use of property bears a social function, and all economic agents shall contribute to the common good. Individuals and private groups, including corporations, cooperatives, and similar collective organizations, shall have the right to own, establish, and operate economic enterprises, subject to the duty of the State to promote distributive justice and to intervene when the common good so demands.

Section 7. Save in cases of hereditary succession, no private lands shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain.

Section 8. Notwithstanding the provisions of Section 7 of this Article, a natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private lands, subject to limitations provided by law.

Section 9. The Congress may establish an independent economic and planning agency headed by the President, which shall, after consultations with the appropriate public agencies, various private sectors, and local government units, recommend to Congress, and implement continuing integrated and coordinated programs and policies for national development.

Until the Congress provides otherwise, the National Economic and Development Authority shall function as the independent planning agency of the government.

Section 10. The Congress shall, upon recommendation of the economic and planning agency, when the national interest dictates, reserve to citizens of the Philippines or to corporations or associations at least sixtyper centumof whose capital is owned by such citizens, or such higher percentage as Congress may prescribe, certain areas of investments. The Congress shall enact measures that will encourage the formation and operation of enterprises whose capital is wholly owned by Filipinos.

In the grant of rights, privileges, and concessions covering the national economy and patrimony, the State shall give preference to qualified Filipinos.

(Video) The 1987 Constitution of the Republic of the Philippines - ARTICLE XII

The State shall regulate and exercise authority over foreign investments within its national jurisdiction and in accordance with its national goals and priorities.

Section 11. 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 associations organized under the laws of the Philippines, at least sixtyper centumof whose capital is owned by such citizens; nor shall such franchise, certificate, or authorization be exclusive in character or for a longer period than fifty years. Neither shall any such franchise or right be granted except under the condition that it shall be subject to amendment, alteration, or repeal by the Congress when the common good so requires. The State shall encourage equity participation in public utilities by the general public. The participation of foreign investors in the governing body of any public utility enterprise shall be limited to their proportionate share in its capital, and all the executive and managing officers of such corporation or association must be citizens of the Philippines.

Section 12. The State shall promote the preferential use of Filipino labor, domestic materials and locally produced goods, and adopt measures that help make them competitive.

Section 13. The State shall pursue a trade policy that serves the general welfare and utilizes all forms and arrangements of exchange on the basis of equality and reciprocity.

Section 14. The sustained development of a reservoir of national talents consisting of Filipino scientists, entrepreneurs, professionals, managers, high-level technical manpower and skilled workers and craftsmen in all fields shall be promoted by the State. The State shall encourage appropriate technology and regulate its transfer for the national benefit.

The practice of all professions in the Philippines shall be limited to Filipino citizens, save in cases prescribed by law.

Section 15. The Congress shall create an agency to promote the viability and growth of cooperatives as instruments for social justice and economic development.

(Video) ARTICLE XII - National Economy and Patrimony

Section 16. The Congress shall not, except by general law, provide for the formation, organization, or regulation of private corporations. Government-owned or controlled corporations may be created or established by special charters in the interest of the common good and subject to the test of economic viability.

Section 17. In times of national emergency, when the public interest so requires, the State may, during the emergency and under reasonable terms prescribed by it, temporarily take over or direct the operation of any privately-owned public utility or business affected with public interest.

Section 18. The State may, in the interest of national welfare or defense, establish and operate vital industries and, upon payment of just compensation, transfer to public ownership utilities and other private enterprises to be operated by the Government.

Section 19. The State shall regulate or prohibit monopolies when the public interest so requires. No combinations in restraint of trade or unfair competition shall be allowed.

Section 20. The Congress shall establish an independent central monetary authority, the members of whose governing board must be natural-born Filipino citizens, of known probity, integrity, and patriotism, the majority of whom shall come from the private sector. They shall also be subject to such other qualifications and disabilities as may be prescribed by law. The authority shall provide policy direction in the areas of money, banking, and credit. It shall have supervision over the operations of banks and exercise such regulatory powers as may be provided by law over the operations of finance companies and other institutions performing similar functions.

Until the Congress otherwise provides, the Central Bank of the Philippines operating under existing laws, shall function as the central monetary authority.

Section 21. Foreign loans may only be incurred in accordance with law and the regulation of the monetary authority. Information on foreign loans obtained or guaranteed by the Government shall be made available to the public.

(Video) The 1987 Constitution of the Republic of the Philippines Part 4 Article XII - Article XV

Section 22. Acts which circumvent or negate any of the provisions of this Article shall be considered inimical to the national interest and subject to criminal and civil sanctions, as may be provided by law.

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FAQs

What does Article II Section 12 of the 1987 Philippine Constitution indicate? ›

Article II, Section 12 also says that “The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall protect the life of the mother and the life of the unborn from conception.

What is Article XII? ›

The amendment to Paragraph 1, Section 2 of Article XII provides that “All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State.

What is the 12th article in 1973 Philippine Constitution? ›

SEC. 12. The President may contract and guarantee foreign and domestic loans on behalf of the Republic of the Philippines, subject to such limitations as may be provided by law.

What is 1987 Philippine Constitution all about summary? ›

The 1987 Constitution established a representative democracy with power divided among three separate and independent branches of government: the Executive, a bicameral Legislature, and the Judiciary.

What is the importance of section 12? ›

Section 12 prohibits the imposition of certain treatments or punishments, through a contextual assessment of “the effect that the [treatment or] punishment may have on the person on whom it is imposed” balanced against the objective for that treatment or punishment.

What is the meaning of Article 3 Section 12? ›

Article III, Section 12 of the 1987 Constitution (also known as the Bill of Rights) states that any person under investigation for the commission of a crime or offense “shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice.”

What is Article XII Section 1 in the Philippine Constitution? ›

SECTION 12. (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one.

What is Article XII national economy and patrimony? ›

1. to develop a self reliant and independent national economy effectively controlled by Filipinos. 2. To promote industrialization and full employment. 3. to protect Filipino enterprises against unfair foreign competition and trade practices.

What is the other authority relating to the State under Article 12? ›

c) Other authorities - in Article 12 the expression 'other authorities' is used after mentioning a few of them, such as, the Government, Parliament of India, the Government and Legislature of each of the State and all local authorities.

Why 1987 Constitution is the best? ›

The 1987 Constitution largely preserved the pre-authoritarian political system with a strong presidency and bicameral legislature. It resurrected many provisions from past Philippine constitutions, and is viewed by some scholars as undermining the revolutionary potential of the People Power movement.

How many articles are there in the 1987 Philippine Constitution? ›

The Constitution is divided into 18 Articles: National Territory (I); Declaration of Principles and State Policies Principles (II); Bill of Rights (III); Citizenship (IV); Suffrage (V); Legislative Department (VI); Executive Department (VII); Judicial Department (VIII); Constitutional Commissions (IX); Local Government ...

Who wrote the 1987 Philippine Constitution? ›

Constitutional Commission of 1986

What are the benefits of the 1987 Constitution to the people? ›

In dismantling the dictatorship and in restoring democratic institutions, the 1987 Constitution provided that civilian authority is at all times supreme over the military. It also provided that the Armed Forces of the Philippines is the protector of the people and the state.

What is the period of Philippine history 1987 Constitution? ›

Approved by the 1986 Constitutional Commission on October 12, 1986, the 1987 Constitution of the Republic of the Philippines was presented to President Corazon C. Aquino on October 15, 1986. It was ratified on February 2, 1987 by a plebiscite. It was proclaimed in force on February 11, 1987.

What is the purpose of preamble of the 1987 Philippine Constitution? ›

The preamble of the Constitution provides that we should establish a Government which shall "conserve and develop our patrimony." Our "patrimony" includes our public forests, mangroves, wildlife, and flora and fauna which should be conserved, protected and renewed.

Who does section 12 apply to? ›

The Supreme Court's ruling has confirmed that section 12 of the Charter applies only to human beings, and not purely “legal” persons such as corporations.

What is Section 12 of Bill of Rights? ›

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.

How do you get Section 12 approved? ›

Section 12 MHA and Approved Clinician status gives authority to qualifying registered clinicians to section a person under the MHA Act, among other things. In order to become approved, clinicians must meet statutory government criteria. Their applications are then scrutinised by the London Approvals Panel, run by CNWL.

What is the meaning of Article 2 Section 13? ›

Section 13. The State recognizes the vital role of the youth in natiofi-building and shall ' promote their physical, moral, spiritual, intellectual and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.

What is the meaning of Article 3 Section 13? ›

Section 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law.

What is the meaning of Article 2 Section 11? ›

Article 2, Section 11 of the Constitution provides that “the State values the dignity of every human person and guarantees full respect for human rights.” Furthermore, Article 2, Section 15 of the Constitution also mandates that “the State shall protect and promote the right to health of the people and instill ...

What is Article XIII social justice and human rights? ›

Article XIII Section 14 on Social Justice and Human Rights of the Constitution provides that the State shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and facilities that will enhance their welfare and enable them to realize their full ...

What is Article 14 of the 1987 Philippine Constitution? ›

Section 14. The State shall foster the preservation, enrichment, and dynamic evolution of a Filipino national culture based on the principle of unity in diversity in a climate of free artistic and intellectual expression.

What are the basic rights of workers under the 1987 Philippine Constitution? ›

It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage.

What is the doctrine of incorporation under the 1987 Constitution? ›

The DOCTRINE OF INCORPORATION means that the rules of International law form part of the law of the land. and no legislative action is required to make them applicable to a country.

Which article specifies that adult citizens the disabled and out of school youth will be provided with training in civics vocational efficiency and other skills? ›

Article 14, section 2(4) of the 1987 Philippine Constitution stated: "The state shall encourage nonformal, formal, indigenous learning systems, as well as self-learning, independent and out-of-school study programs, particularly those that respond to community needs; and provide adult citizens, the disabled and out-of ...

What is the importance of Bill of Rights in the Philippines? ›

Article III of the Philippine Constitution is the Bill of Rights. It establishes the relationship of the individual to the State and defines the rights of the individual by limiting the lawful powers of the State. It is one of the most important political achievements of the Filipinos.

Which of the following are included in the concept of the State under Article 12? ›

According to Article 12 of the Constitution of India, 1950, the term „State‟ includes the following: (a) the Central Government and the State Governments; (b) the Parliament of India and the State Legislatures; (c) all local authorities; and (d) other authorities within the territory of India, or under the control of ...

Which of the following is not State for the purpose of Article 12 of the Constitution Mcq? ›

Union of India & Others case, that the United Nations is not a "State" within the meaning of Article 12 of the Constitution of India and is not amenable to the jurisdiction of the Court under Article 226 of the Constitution of India.

Which of the following authorities is not a State under Article 12? ›

the Supreme Court held that when rule making power of judiciary is concerned, it is State. Other jurists say that since judiciary has not been specifically mentioned in Article 12, it is not State. In Rati Lal v/s State of Bombay, it was held that judiciary is not State for the purpose of Article12.

Which is the best constitution of the Philippines and why? ›

It has been said that the 1935 Constitution was the best-written Philippine charter ever.

What is the title of Article XIII of 1987 Constitution that tackles the rights of the workers? ›

Article XIII, Section 3 of the 1987 Constitution affirms that, "The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment opportunities for all.

Why is it important to study the Philippine Constitution? ›

The Constitution enables students to remember and embrace their basic rights as a people, and the basic principles by which our society has been organized. Minimizing the teaching of Filipino, Panitikan and Constitution thus robs young learners of their soul as citizens and future leaders.

What is Article 2 of the 1987 Philippine Constitution? ›

Section 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

What is the Article 3 of the 1987 Constitution of the Philippines? ›

Section 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.

What is the first constitution of the Philippines? ›

In 1899, the Malolos Constitution, the first Philippine Constitution—the first republican constitution in Asia—was drafted and adopted by the First Philippine Republic, which lasted from 1899 to 1901.

What is 1987 Philippine Constitution all about summary? ›

The 1987 Constitution established a representative democracy with power divided among three separate and independent branches of government: the Executive, a bicameral Legislature, and the Judiciary.

What is the first word of the 1987 Philippine Constitution? ›

We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of ...

What is the purpose of the Constitution? ›

First it creates a national government consisting of a legislative, an executive, and a judicial branch, with a system of checks and balances among the three branches. Second, it divides power between the federal government and the states. And third, it protects various individual liberties of American citizens.

What is the most important part of the Constitution? ›

The preamble sets the stage for the Constitution (Archives.gov). It clearly communicates the intentions of the framers and the purpose of the document. The preamble is an introduction to the highest law of the land; it is not the law.

What is the importance of the Philippine Constitution to the lives of the Filipino? ›

Constitution is a very important instrument in a state. It is the regulations acknowledged by the people of a state to preserve and maintain peace and order in the society. Without this, the state will be in chaos. The sovereign power of the state will deteriorate and the government will not be able to function well.

What is the most important part of the Constitution why do you think so? ›

The Preamble is an explanation why the Constitution was written, and the major goals it hopes to accomplish. The single most important part of the Preamble is the first three words, “We the people…” which point out where our government receives its authority from, the people that are governed.

Which classification of a Constitution does the 1987 Constitution fall? ›

11. The 1987 Philippine Constitution is thus a conventional/enacted , written, and rigid/inelastic constitution.

Who was the President of the 1987 Constitutional Commission? ›

The Con-Com was first to be presided over by Vice President Salvador H. Laurel until such time as it elected its own leaders. On June 2, 1986, the commission started its work and elected Cecilia Muñoz-Palma as President, former Senator Ambrosio B. Padilla as Vice President, and Veteran Journalist Napoleon G.

What happened in the 1987 Constitution after martial law? ›

Today, the 1987 Constitution safeguards our institutions from a repeat of Marcos' Martial Law regime. The Supreme Court is empowered to review all official acts to determine if there has been grave abuse of discretion. Congress cannot be padlocked.

Who made the 1987 Philippine Constitution? ›

Constitutional Commission of 1986

How many articles are there in the 1987 Philippine Constitution? ›

The Constitution is divided into 18 Articles: National Territory (I); Declaration of Principles and State Policies Principles (II); Bill of Rights (III); Citizenship (IV); Suffrage (V); Legislative Department (VI); Executive Department (VII); Judicial Department (VIII); Constitutional Commissions (IX); Local Government ...

What is the meaning of Article 2 Section 12? ›

The Constitution, Article 2, Section 12, provides: “The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception.

What is the meaning of Article 2 Section 11 of the Philippine Constitution? ›

Article 2, Section 11 of the Constitution provides that “the State values the dignity of every human person and guarantees full respect for human rights.” Furthermore, Article 2, Section 15 of the Constitution also mandates that “the State shall protect and promote the right to health of the people and instill ...

What is the other authority relating to the state under Article 12? ›

c) Other authorities - in Article 12 the expression 'other authorities' is used after mentioning a few of them, such as, the Government, Parliament of India, the Government and Legislature of each of the State and all local authorities.

What is the meaning of Article 2 Section 13? ›

Section 13. The State recognizes the vital role of the youth in natiofi-building and shall ' promote their physical, moral, spiritual, intellectual and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.

What does this section of Article II Section I explain? ›

The Meaning

Article II, Section 1 establishes that the president and vice president are to be elected at the same time and serve the same four-year term. Until 1951, presidents could serve for as many four-year terms as they could win.

What is Article 2 Declaration of principles and State policies all about? ›

The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all.

What is Article II Section 14 of the 1987 Constitution? ›

Section 14 Article 2 of the Constitution provides that, "The State recognizes the role of women in nation building, and shall ensure the fundamental equality before the law of women and men."

What is Article 2 Section 2 of the Constitution? ›

The president has the power to pardon (let free) any person who has committed a federal crime, except in cases of impeachment. With permission from two-thirds of the senators present, the president can make treaties (agreements) with other countries.

What is the importance of Article II Section 17? ›

EXPLANATORY NOTE Article II, Section 17 of the 1987 Philippine Constitution provides: "The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development."

Why 1987 Constitution is the best? ›

The 1987 Constitution largely preserved the pre-authoritarian political system with a strong presidency and bicameral legislature. It resurrected many provisions from past Philippine constitutions, and is viewed by some scholars as undermining the revolutionary potential of the People Power movement.

Which of the following are included in the concept of the State under Article 12? ›

According to Article 12 of the Constitution of India, 1950, the term „State‟ includes the following: (a) the Central Government and the State Governments; (b) the Parliament of India and the State Legislatures; (c) all local authorities; and (d) other authorities within the territory of India, or under the control of ...

Which of the following is not State for the purpose of Article 12 of the Constitution Mcq? ›

Union of India & Others case, that the United Nations is not a "State" within the meaning of Article 12 of the Constitution of India and is not amenable to the jurisdiction of the Court under Article 226 of the Constitution of India.

What are the 12 fundamental rights? ›

Under this section, we list the fundamental rights in India and briefly describe each of them.
  • Right to Equality (Articles 14 – 18) ...
  • Right to Freedom (Articles 19 – 22) ...
  • Right against Exploitation (Articles 23 – 24) ...
  • Right to Freedom of Religion (Articles 25 – 28) ...
  • Cultural and Educational Rights (Articles 29 – 30)

What is the meaning of Article 2 Section 19? ›

Article II Section 19 of the 1987 Constitution states that, "The State shall develop a self-reliant and independent national economy efficiently controlled by Filipinos." Further, Section 28 of the same Article provides that, "Subject to reasonable conditions prescribed by law, the State adopts and implements a policy ...

What is the meaning of Article 2 Section 15? ›

The Constitution, Article 2, Section 15 provides: "The State shall protect and promote the right to health of the people and instill health cO,nsciousness among them."

What is the meaning of Article 2 Section 18? ›

Section 18 Article II of the 1987 Constitution provides that the State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.

Videos

1. ARTICLE XII SECTION 2 (NATIONAL ECONOMY AND PATRIMONY)
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2. REPORTING Article 12 The National ECONOMY AND PATRIMONY.
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3. The 1987 Constitution of the Republic of the Philippines
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4. Article XII - 1987 Philippine Constitution - Audio Codal
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5. Local Government: Article X of the1987 Philippine Constitution
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6. The Constitution of the Republic of the Philippines ( Article XII & Article XIII )
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