Constitution of the Republic of Panama, 1972

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Contents

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CONSTITUTION OF THE
REPUBLIC OF PANAMA

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Title I
The Panamanian State

Article l. The Panamanian Nation is organized as a sovereign and independent State, and its name is the Republic of Panama. Its Government is unitary, republican, democratic and representative.

Article 2. The public power emanates from the people. It is exercised by the Government through the distribution of functions among the Executive, Legislative and Judicial Organs, which act in harmonious collaboration among themselves and with the Public Forces.

Article 3. The territory of the Republic of Panama comprises the land area, the territorial sea, the submarine continental shelf, the subsoil and air space between Colombia and Costa Rica, in accordance with the boundary treaties entered into by Panama with those States.

The national territory may never be ceded, transferred or alienated, whether temporarily or partially, to any other State.

Article 4. The Republic of Panama respects the universally recognized rules of international law which are not prejudicial to the national interest.

Article 5. The territory of the Republic of Panama is divided into provinces, which are subdivided into districts. The districts are divided into municipalities which constitute the political base of the State.

The law may create other political divisions, either to apply special regulations or for administrative convenience or public service.

Article 6. The symbols of the Nation are the anthem, the flag, and the coat of arms adopted by Law 34 of 1949.

Article 7. Spanish is the official language of the Republic.

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Title II
Nationality and Alienage

Article 8. Panamanian nationality is acquired by birth, by naturalization or by constitutional provision.

Article 9. The following are Panamanians by birth:

1. Those born in the national territory;

2. Children born outside the territory of the Republic, of a father or mother who is Panamanian by birth, if they establish their domicile in the national territory; and

3. Children born outside the national territory of a father or mother who is Panamanian by naturalization, if they establish their domicile within the Republic of Panama and declare their intention to elect Panamanian nationality not later than one year after reaching majority.

Article 10. The following may request Panamanian nationality by naturalization:

1. Aliens with five continuous years of residence within the territory of the Republic if, having reached majority, they declare their intention to be naturalized, expressly renounce their nationality of origin or any other nationality, and demonstrate that they have a command of the Spanish language and an elementary knowledge of Panamanian geography, history and political organization;

2. Aliens with three consecutive years of residence within the territory of the Republic who have children born there of a Panamanian father or mother, or who have a spouse of Panamanian nationality, provided they make the declaration and submit the proof to which the preceding section refers; and

3. Nationals by birth of Spain or of any Latin American State, provided they fulfill the same requirements required in their country of origin for the naturalization of Panamanians.

Article 11. Those born abroad and adopted by Panamanian nationals before reaching seven years of age are Panamanians without need for a certificate of naturalization, provided they establish their domicile within the Republic of Panama and declare their intention to elect Panamanian nationality not more than one year after reaching majority.

Article 12. The law shall regulate naturalization. The State may deny an application for a naturalization certificate for reasons of morality, security, health, or physical or mental incapacity.

Article 13. Panamanian nationality by origin or acquired by birth cannot be lost, but its express or implied renunciation shall suspend citizenship.

Panamanian nationality derived or acquired by naturalization shall be lost for the same reasons.

There is express renunciation of nationality when the person declares in writing to the Executive his or her intention to abandon it. There is implied renunciation when another nationality is acquired or when a national enters the service of an enemy State.

Article 14. Immigration shall be regulated by law in accordance with the social, economic and demographic interests of the country.

Article 15. Panamanian nationals as well as aliens who are within the terri­tory of the Republic are subject to the Constitution and the laws.

Article 16. Naturalized Panamanians shall not be obliged to take up arms against the country of their birth.

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Title III
Individual and Social Rights and Duties

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Chapter I
Fundamental Guarantees

Article 17. The authorities of the Republic are instituted for the purpose of protecting all nationals in their lives, honor and property, wherever they may be, and aliens who are under its jurisdiction; of ensuring the effectiveness of individual and social rights and duties; and of observing and enforcing the Constitution and the laws.

Article 18. Private persons are responsible to the authorities only for viola­tion of the Constitution or the law. Public officials are responsible for the same reasons, and also for exceeding their authority or for dereliction in the perfor­mance of their duties.

Article 19. There shall be no personal privileges or distinctions or discrim­ination because of race, birth, social class, sex, religion or political ideas.

Article 20. Panamanians and aliens are equal before the law, but for reasons of work, health, morality, public security and the national economy, the law may subject to special conditions or deny the exercise of specific activities to aliens in general. Likewise, the law or the authorities may, as the case may be, take meas­ures that affect exclusively the nationals of specific countries in the event of war or in accordance with public treaties.

Article 21. No one may be deprived of his liberty, except by virtue of a written order of a competent authority issued in accordance with legal formalities and for a reason previously defined by law. Those executing such orders are obliged to give a copy thereof to the interested person, if he requests it.

An offender surprised flagrante delicto may be apprehended by any person and must be delivered immediately to the authorities.

No one may be detained for more than twenty-four hours without being placed at the disposal of the competent authority. Public officials who violate this precept shall be punished by the loss of their employment, without prejudice to other penal­ties established by law for this purpose.

There shall be no imprisonment, detention or arrest for debts or purely civil obligations.

Article 22. Any individual detained on grounds outside the cases or without the formalities prescribed by this Constitution or the laws, shall be placed at liberty on his own request or that of any other person through the remedy of habeas corpus, which may be sought by means of summary judicial proceeding immediately after the detention and without regard to the applicable penalty.

Article 23. The State may not extradite its nationals nor may it extradite aliens who are sought for political offenses.

Article 24. No one is compelled to testify in a criminal, correctional or police proceeding against himself, or against his spouse, or against any relative within the fourth degree of consanguinity or the second degree of affinity.

Article 25. The domicile and residence are inviolable. No one may enter them without the consent of the owner, except by written order of a competent authority for specific purposes, or to assist the victims of a crime or disaster.

Labor, social welfare and health officials may, after prior notice, make visits or inspections of homes or working premises for the purpose of ensuring the observance of social and public health laws.

Article 26. Every person may travel freely through the national territory and change domicile or residence without restrictions other than those which the traffic, fiscal, health, and immigration laws or regulations may prescribe.

Article 27. The prison system is based on principles of security, rehabilita­tion and social protection. The application of measures injurious to the physical, mental or moral integrity of prisoners is prohibited.

Provision shall be made for the training of prisoners in trades which will enable them to reenter society as useful members.

Prisoners who are minors shall be subject to a special system of custody, protection and education.

Article 28. Correspondence and other private documents are inviolable, and may not be seized or examined except by order of a competent authority for spe­cific purposes, in accordance with legal formalities. In all cases secrecy shall be maintained with respect to matters extraneous to the object of the seizure or examination.

Private telephone communications also are inviolable and may not be inter­cepted. The examination of documents shall always take place in the presence of the interested person or of a member of his family, or if they are absent, before two honorable residents of the same place.

Article 29. There is no penalty of death, expatriation, or confiscation of property.

Article 30. Only those acts shall be punished which have been declared punishable by law antedating their perpetration and precisely applicable to the imputed act.

Article 31. No one shall be tried except by competent authority and in ac­cordance with legal formalities, nor more than once for the same penal, police or disciplinary offense.

Article 32. The following may impose penalties without previous trial and within the specific terms of the law:

l. Public officials exercising authority and jurisdiction, who may impose fines or arrest upon anyone who insults them or who is in contempt of their authority in connection with the discharge of their duties or by reason of their performance thereof;

2. Chiefs of the Public Forces, who may impose the penalty of arrest upon their subordinates in order to suppress an insurrection or mutiny or for an infraction of discipline; and

3. Captains of vessels or aircraft, who have the power when away from port to suppress an insurrection or mutiny or to maintain order on board, and to detain temporarily any actual or presumed offender.

Article 33. In case of manifest violation of a constitutional or legal provi­sion, to the detriment of any person, the order of a superior does not relieve the agent who executes it from liability. Exception is made of members of the Public Forces when they are in active service, in which case the responsibility rests with the superior in rank who gives the order.

Article 34. The profession of all religions is free, as is the practice of all without any limitation other than respect for Christian morality. It is recognized that the Catholic religion is that of the majority.

Article 35. Religious organizations have legal capacity and they manage and administer their property within the limits prescribed by law, the same as other juridical persons.

Article 36. Every person may freely express his opinion orally, in writing or by any other means, without subjection to prior censorship. However, legal liability shall be incurred when by any of these means the reputation or honor of persons is assailed or when social security or public order is attacked.

Article 37. All inhabitants of the Republic have the right to assemble peace­fully and without arms for lawful purposes. Outdoor demonstrations or meetings are not subject to permission. Only a previous notice to the local administrative authorities, twenty-four hours in advance, is required when they are to take place.

The authorities may take police measures to prevent or restrain abuses in the exercise of this right, whenever the form in which it is exercised causes or may cause disruption of traffic, breach of the peace, or violation of the rights of third parties.

Article 38. The formation of companies, associations and foundations that are not contrary to morals or to the legal order is permitted. They may obtain recognition as juridical persons.

The capacity, recognition and regulation of companies and other juridical persons shall be determined by Panamanian law.

Article 39. Every person is free to practice any profession or trade, subject to such regulations as the law may establish with respect to qualifications, moral­ity, social welfare and social security, professional affiliation, public health, unionization and compulsory dues.

No tax or assessment shall be imposed on the practice of the liberal profes­sions, trades, and arts.

Article 40. Every person has the right to present respectful petitions and complaints to public officials, for reasons of social or private interest, and to obtain a prompt decision.

An official to whom a petition, inquiry or complaint is presented must decide it within a period of thirty days.

The law shall establish the penalties that apply to violations of this provision.

Article 41. Ministers of religious faiths and members of religious orders may not hold appointive or elective office, except those related to social welfare, public instruction or scientific research.

Officials of the Catholic Church in Panama, such as Bishops, Vicars General, Episcopal Vicars, Apostolic Administrators and Prelates Nullius, must be Pana­manian citizens by birth. This same requirement shall apply to ministers of other religions with powers or jurisdictions equivalent to that of the aforementioned Catholic officials.

Article 42. Laws do not have retroactive effect, except those of public order and of social interest when express provision is made therein. In criminal matters, a law favorable to the accused always has priority and retroactivity, even though the judgment may have become final.

Article 43. Private property acquired in accordance with law by natural or juridical persons is guaranteed.

Article 44. Private property implies obligations on the part of its owner by reason of the social function which it must fulfill.

For reasons of public utility or of social interest as defined by law, there may be expropriation pursuant to special judgment and with compensation.

Article 45. When the application of a law enacted for reasons of public utility or social interest results in a conflict between private rights and the need recog­nized by the 1aw itself, the private interest must yield to the public or social interest.

Article 46. In the event of war, serious disturbance of the public order, or urgent social interest, requiring prompt action, the Executive may decree the ex­propriation or seizure of private property.

If the return of the seized object is feasible, the seizure shall be only for the duration of the circumstances that gave rise to it.

The State is responsible for all expropriations that the Executive thus carries out and for the losses and damage caused by the seizure, and shall pay the amount thereof as soon as the reason for the expropriation or seizure ends.

Article 47. No one is obliged to pay a tax or duty which has not been legally established and the collection of which is not made in the manner prescribed by the laws.

Article 48. Every author, artist and inventor enjoys the exclusive owner­ship of his work or invention during the time and in the manner prescribed by law.

Article 49. Every person against whom a public official shall issue or exe­cute a mandatory order or an injunction violating the rights and guarantees estab­lished by this Constitution shall have the right to have the order revoked upon his own petition or that of any other person.

Protection of the Constitutional guarantees to which this Article refers shall be sought through summary proceeding and shall be within the jurisdiction of the courts of law.

Article 50. In the event of foreign war or domestic disturbance threatening the peace or public order, all or part of the Republic may be declared to be in a state of siege, and the effects of Articles 21, 22, 25, 26, 28, 36, 37 and 43 of this Constitution may be temporarily suspended, wholly or in part.

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Chapter II
The Family

Article 51. The State protects marriage, motherhood and the family. The law shall determine matters pertaining to civil status.

The State shall protect the physical, mental and moral health of minors and shall guarantee their right to support, health, education, social security and welfare.

Article 52. Marriage is the legal basis of the family; it rests on equality of rights of the spouses and may be dissolved in accordance with the law.

Article 53. A de facto union between persons legally competent to contract marriage, maintained during five consecutive years in an exclusive and stable relationship, shall have all the effects of civil marriage.

To this end, it shall suffice that the interested parties jointly request the Civil Register to record the de facto union. When such a request has not been made, the marriage may be proved for the purpose of claiming the rights thereof by one of the spouses or any other interested person, in accordance with the pro­cedures established by law. Notwithstanding, the Public Ministry in the interest of morals or of the law, or third persons who assert rights susceptible of being affected by the registration, if the statements made are contrary to the facts, may object to such registration or contest it after it has been effected.

Article 54. Parental power is the bundle of rights and duties that parents have in relation to their children.

Parents are obliged to support, educate and protect their children in order to ensure their proper upbringing and adequate physical and spiritual development, and the latter are obliged to respect and assist their parents.

The law shall regulate the exercise of parental power in accordance with the social interest and the welfare of the children.

Article 55. Parents have the same duties with respect to their children born out of wedlock as to their children born in wedlock. All children are equal before the law and have the same rights of inheritance in intestate successions. The law shall recognize the rights of minor or incapacitated children and of destitute par­ents in testate successions.

Article 56. The law shall regulate the investigation of paternity. Any classi­fication based on the nature of the relationship is abolished. No statement estab­lishing differences of birth or of the civil status of parents shall be entered in registration records, or in any attestation, baptismal record or certificate refer­ring to the relationship.

Authority is granted to the father of a child born before the effective date of this Constitution to protect him under the provisions of this article, by means of the rectification of any record or attestation in which any classification has been established with respect to that child. For this purpose, the consent of the mother·is not required. If the child is of adult age he must give his consent.

Anyone legally affected by acts pertaining to paternity may oppose this measure.

The law shall establish the procedure.

Article 57. The State shall oversee the social and economic improvement of the family and shall organize the family estate, determining its nature and the amount of property that must constitute it, on the basis that it is inalienable and unattachable.

Article 58. The State shall establish a family protection agency with the following purposes:

1. To foster responsible parenthood through family education;

2. To institutionalize education in special centers for the children of private and public employees; and

3. To protect minors and provide social supervision and rehabilitation for abandoned, misguided and delinquent children.

The law shall organize and regulate the special jurisdiction over minors, which shall include matters pertaining to the investigation of paternity, desertion of the family, and problems of juvenile behavior.

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Chapter III
Labor

Article 59. Work is a right and a duty of the individual. The State is obliged to devise economic policies to promote full employment, and to ensure to every worker the conditions necessary for a decent existence.

Article 60. Every worker in the service of the State or of public or private enterprises or of private individuals is guaranteed a minimum wage or salary. Employees of the enterprises determined by law shall participate in the profits thereof, in accordance with the economic conditions of the country.

Article 61. The law shall establish the method of periodically adjusting the minimum wage or salary, in order to meet the ordinary needs of the worker's family and to improve its standard of living, in accordance with the particular conditions of each region and each economic activity. It may also determine the method of fixing minimum salaries or wages by profession or trade.

For work by the job or piece, it is obligatory that the minimum wage for a working day be assured.

The minimum of any wage or salary is unattachable except for obligations of support in the manner prescribed by law. The working tools of workers are likewise unattachable.

Article 62. An equal wage or salary shall always be paid for equal work under identical conditions, regardless of the person who performs it, without distinction as to sex, nationality, age, race, social class, or political or religious ideas.

Article 63. The right of union organization is recognized for employers, employees and professionals of all classes for the purposes of their economic and social activity.

The Executive shall have an unextendable period of thirty days to approve or deny the registration of a union.

The law shall regulate all matters pertaining to Executive recognition of unions. The registration shall determine the legal personality of the union.

The Executive may dissolve a union only when it deviates permanently from its purposes and a competent court so declares in a final judgment.

The boards of directors of such associations shall be composed exclusively of Panamanians.

Article 64. The right to strike is recognized. The law shall regulate its exercise and may subject it to special restrictions in those public services that it may designate.

Article 65. The maximum working day is eight hours, and the working week may be up to forty-eight hours. The maximum duration for night work shall not be more than seven hours. Overtime shall be remunerated with extra payment.

The maximun working day may be reduced to six hours for those over four­teen and less than eighteen years of age. All work is forbidden for those under fourteen, and night work is forbidden for those under sixteen, except in cases specified by law. The employment of persons under fourteen years of age as domestic servants and work by minors and women in unhealthful occupations are likewise prohibited.

In addition to weekly rest, every worker shall be entitled to paid vacations.

The law may prescribe the paid weekly rest in accordance with the economic and social conditions of the country and the benefit of the workers.

Article 66. All provisions that imply a waiver, diminution, modification or relinquishment of any right recognized in favor of the worker are void, and conse­quently do not bind the contracting parties even though stated in a labor agreement or in any other pact. The law shall regulate all matters pertaining to labor contracts.

Article 67. The maternity of working women is protected. A woman who is pregnant may not be separated from public or private employment for this cause.

During a minimum of six weeks preceding childbirth and eight weeks thereafter she is entitled to compulsory rest with the same remuneration as she was paid while working, and shall retain her employment and all rights provided in her contract. Upon resumption of work by the mother she may not be discharged for one year, except in special cases prescribed by law, which also shall regulate the special working conditions of pregnant women.

Article 68. The contracting of foreign workers which may worsen the working conditions or living standards of national workers is prohibited. The law shall regulate the contracting of foreign managers, administrative and executive directors, technicians and professionals for public and private services, in all cases ensuring the rights of Panamanians and in accordance with the national interest.

Article 69. No worker may be discharged without just cause and without the formalities prescribed by law. The law shall specify the justifiable causes for discharge, special exceptions and the corresponding indemnification.

Article 70. The State or the private firm shall provide free occupational training for workers. The law shall regulate the manner in which this service is provided.

Article 71. Trade union training is established. It shall be imparted exclu­sively by the State and by Panamanian trade union organizations.

Article 72. All controversies that originate between capital and labor shall be submitted to the labor jurisdiction, which shall be exercised in the manner prescribed by law.

Article 73. The law shall regulate relations between capital and labor, placing them on a basis of social justice and providing special state protection for workers.

Article 74. The rights and guarantees established in this chapter shall be considered as minimums in favor of workers.

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Chapter IV
National Culture

Article 75. The State recognizes the right of every human being to partici­pate in culture, and therefore should foster the participation of all inhabitants of the Republic in the National Culture.

Article 76. The National Culture consists of the artistic, philosophical and scientific works produced by man in Panama throughout the ages. The State shall promote, develop and safeguard this cultural heritage.

Article 77. The State shall ensure the protection, dissemination and purity of the Spanish language.

Article 78. The State shall formulate the national scientific policy so as to foster the development of science and technology.

Article 79. The State recognizes the individuality and universal value of artistic works. It shall sponsor and encourage Panamanian artists by making their works known through channels of cultural communication, and at the national level shall promote the development of art in all its manifestations through academic institutions and information and recreation centers.

Article 80. The historical heritage of the Nation consists of its archaeological sites and objects, historical documents and monuments, and other items that are witness to the Panamanian past. The State shall decree the expropriation of such items when in the hands of private parties. The law shall regulate all matters pertaining to their custody, which shall be based on their historical importance, and shall take the measures necessary to adapt such custody to the requirements of commercial, tourism, industrial and technological programs.

Article 81. The State shall foster the development of physical culture through sports, education and recreation centers, which shall be regulated by law.

Article 82. The State recognizes that folklore traditions are an essential part of the National Culture, and therefore shall promote their study, preservation and dissemination, establishing their primacy with respect to expressions or tenden­cies that may adulterate them.

Article 83. The indigenous languages shall be the subject of special study, preservation and dissemination, and the State shall promote bilingual literacy programs in the indigenous communities.

Article 84. The media of social communication are instruments of cultural and scientific information, education, recreation and dissemination. When they are used for publicity or advertising, such advertising may not be contrary to the health, morals, education and cultural formation of society and the national con­science. The law shall regulate their operation.

Article 85. The State recognizes and respects the ethnic identity of national indigenous communities, and shall carry out programs to develop the material, social and spiritual values of each of their cultures. It shall establish an institu­ tionfor the study and preservation of these communities and their languages, and for promotion of the comprehensive development of Indian groups.

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Chapter V
Education

Article 86. The State has exclusive competence to organize and direct educa­tion in the national territory and to guarantee the right and duty to obtain it.

Article 87. Panamanians have the right to receive a democratic and scien­tific education, the purpose of which shall be to develop in the student a national conscience based on the knowledge of the history and problems of the country; on a command of science, technology and culture; on the habit of work; on participa­tion in the economic development process; and on social justice and the solidarity of mankind.

Article 88. Education is a public service.

It shall be imparted through a single system throughout the national territory.

Education is official or private. It is official when its costs are borne in whole or in part by the State, and private when it is provided at no cost to the State. However, all education is public in the sense that all educational establishments, official or private, are open to all students without distinction as to race, social position, political ideas, religion, or the nature of the union of their parents or guardians.

The operation of an educational establishment by natural or juridical persons may be authorized only in accordance with the law.

Article 89. Official education is free at the all pre-university levels. The primary level or general basic education is compulsory.

Free education obliges the State to provide students with all the supplies necessary for their instruction until they complete their general basic education.

Free education does not preclude the establishment of a tuition fee at the noncompulsory levels.

Article 90. The law shall regulate study plans, the organization of instruc­tional programs and levels, and a system of national educational orientation, in accordance with national needs.

Article 91. Occupational education is established as a special element of the educational system, with basic education and special training programs.

Article 92. Private enterprises whose operations significantly alter the school population in a given area shall contribute to meeting the educational needs of that area in accordance with official regulations. Urban firms shall have the same responsibility with respect to the areas in which they operate.

Article 93. Only academic and professional degrees issued by the State or authorized by it in accordance with law are recognized. The official University of the Republic shall supervise the officially approved universities to guarantee the degrees they issue, and shall revalidate those of foreign universities in the cases prescribed by law.

Article 94. Education shall be imparted in the official language, but for reasons of public interest the law may permit it to be imparted in a foreign language in certain places.

The history of Panama and civics shall be taught by Panamanians.

Article 95. The law shall establish the incentives necessary for the publica­tion of Panamanian didactic works and standards for their adoption as official texts.

Article 96. The State shall establish systems providing adequate resources for the granting of fellowships, supplements and other financial assistance to students who earn it or require it.

Other things being equal, preference shall be given to those whose financial need is greatest.

Article 97. The official University of the Republic is autonomous. Its juridi­cal personality, its own endowment and the right to administer it are hereby recog­nized. It is empowered to organize its curriculum and to appoint and remove its personnel in the manner prescribed by law. It shall include in its activities the study of national problems and the diffusion of national culture. Equal importance shall be given to University education provided in the regional centers and in the capital.

Article 98. To render effective the financial autonomy of the University, the State shall endow it with the necessary means for its future operation and develop­ment, as well as with the endowment mentioned in the preceding article, and the necessary means to augment it.

Article 99. Freedom of teaching is recognized without limitations other than those which, for reasons of public order, are established in the University Charter.

Article 100. Exceptional students of all kinds shall be provided with special education, based on scientific research and educational orientation.

Article 101. The Catholic religion shall be taught in the public schools, but learning it and attending acts of religious worship shall not be compulsory for pupils when so requested by their parents or guardians.

Article 102. The State shall develop educational and advancement programs for indigenous groups with their own cultural patterns, in order to ensure their active participation in civic life.

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Chapter VI
Health, Social Security and Social Welfare

Article 103. It is an essential function of the State to look after the health of the people of the Republic. The individual, as part of the community, is entitled to the promotion, protection, conservation, restoration and recovery of his health, and has the obligation of preserving it. Health is understood as complete physical, mental and social well-being.

Article 104. In the matter of health, the State has primary responsibility for the following activities, integrating the functions of prevention and cure:

1. To develop a national food and nutrition policy ensuring optimum nutri­tional conditions for the entire population, through the adequate produc­tion and supply of food and appropriate changes in consumption patterns;

2. To train individuals and groups in educational programs which dissemi­nate information on individual and collective rights and duties in the matter of health, and principles of personal hygiene and home sanitation;

3. To protect mothers and children by providing educational, preventive and curative medical care for pregnant women at appropriate intervals, and to look after the nutritional state and health of children;

4. To combat contagious diseases by means of environmental sanitation, development of drinking water supplies, and immunization, prophylaxis and treatment provided collectively and individually to all the population;

5. To establish centers in which comprehensive health services and medi­cines are provided to all the population, according to the needs of each region. These health services and medicines shall be provided free to those lacking financial means; and

6. To regulate and supervise compliance with the health and safety condi­tions that must be met by work premises, establishing a national policy on industrial hygiene and medicine.

Article 105. Every individual has the right to the security of his economic means of subsistence in case of incapacity to work or to obtain remunerated employ­ment. Social security benefits shall be granted and administered by autonomous agencies and shall cover cases of illness, maternity, disability, family subsidies, old age, widowhood, orphanhood, compulsory lay-offs, occupational accidents and diseases, and all other contingencies that may be covered by social assistance and social security. The law shall provide for the establishment of such services to the extent that the need requires.

The State shall establish institutions of social assistance and social welfare. The fundamental tasks of these institutions shall be the economic and social reha­bilitation of dependent groups and those lacking financial means, and the care of the mentally deficient, the chronically ill, disabled indigents, and groups that have not been incorporated into the social security system.

Article 106. The State may establish supplementary funds with contributions from employees of public and private enterprises in order to improve the pension benefits of social security services. The law shall regulate this matter.

Article 107. The government health sectors, including autonomous and semiautonomous institutions, shall be integrated organically and functionally. The law shall regulate this matter.

Article 108. Communities have the duty and right to participate in the plan­ning, execution and evaluation of health programs.

Article 109. The State shall establish a national housing policy with the pur­pose of ensuring the enjoyment of this social right to all the population, especially low-income groups.

Article 110. It is a fundamental duty of the State to see to the conservation of ecological conditions, preventing pollution of the environment and imbalance in ecosystems, in accordance with the economic and social development of the country.

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Chapter VII
Agrarian System

Article 111. The State shall oversee the rational distribution of land, to ensure its most productive use and the right of every farmer to a decent existence. The law shall regulate this matter.

Article 112. The State shall not permit the existence of uncultivated, un­productive or idle areas, and shall regulate labor relations in the countryside, fostering maximum productivity and a just distribution of its benefits.

Article 113. The State shall give special attention to rural and Indian com­munities in order to foster their economic, social and political participation in the national life.

Article 114. The proper use of agricultural land is a duty of the owner owed to the community, and shall be regulated by law in accordance with its ecological classification, to avoid underutilization and the reduction of its productive potential.

Article 115. To fulfill the objectives of the agrarian policy, the State shall carry out the following activities:

1. To grant the necessary farm lands to rural dwellers and to regulate the use of waters. The law may establish a special system of collective ownership for rural communities which so request;

2. To organize credit assistance to meet the financing needs of agricultural operations, and particularly those of low-income persons and groups, and to give special attention·to small and medium producers;

3. To take measures to ensure stable markets and fair prices for products and to foster the establishment of agencies, corporations and cooperatives for production, processing, distribution and consumption;

4. To establish means of com1nunication and transportation to link rural and indigenous communities with centers of storage, distribution and consumption;

5. To settle new lands and to regulate the tenure and use of such lands and of those incorporated in the economy as a result of the construction of new highways;

6. To foster the development of the agrarian sector by means of technical assistance and promotion of organization, training, protection, mecha­nization and other activities determined by law; and

7. To conduct soil studies in order to establish the agrological classifica­tion of Panamanian land.

The policy established for the implementation of this chapter shall be appli­cable to indigenous communities in accordance with scientific methods of cultural change.

Article 116. The State guarantees to indigenous communities the reservation of necessary lands and the collective ownership thereof, to ensure their economic well-being. The law shall regulate the procedures to be followed for this purpose, and the boundaries within which the private appropriation of land is prohibited.

Article 117. The agrarian jurisdiction is hereby established. The law shall determine the organization and functions of its courts.

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Title IV
Political Rights

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Chapter I
Citizenship

Article 118. All Panamanians over eighteen years of age are citizens of the Republic, without distinction as to sex.

Article 119. Political rights and the capacity to hold public office with authority and jurisdiction are reserved to Panamanian citizens.

Article 120. The exercise of the rights of citizenship is suspended:

l. For the cause set forth in Article 13 of this Constitution;

2. By penalty in accordance with law.

Article 121. The law shall regulate the suspension and recovery of citizenship.

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Chapter II
Suffrage

Article 122. Suffrage is a duty and a right of all citizens whose rights have not been suspended. The law shall regulate it on the basis that it is free and uni­versal, direct or indirect, and that voting is equal and secret. The authorities are obliged to guarantee the freedom and honesty of suffrage.

Article 123. The law shall establish prohibitions for public officials in electoral matters. It shall stipulate electoral offenses, establish the correspond­ing penalties, and regulate the formation, functioning and subsistence of political parties.

Article 124. The formation of any party having as its basis sex, race or religion, or which attempts to impair the national sovereignty or destroy the democratic structures of government is prohibited.

Article 125. The State may supervise and contribute to the expenses incurred by natural persons and political parties in the electoral process. The law shall de­termine and regulate such supervision and contributions, ensuring equality of ex­penditures of all parties and candidates.

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Chapter III
The Electoral Court

Article 126. The autonomous Electoral Court shall exclusively interpret and enforce the Electoral Law; it shall direct, supervise and inspect all stages of the electoral process; it shall have jurisdiction throughout the Republic and shall be composed of three magistrates elected for seven years, one by the National Assem­bly of Municipal Representatives; one by the Supreme Court of Justice, who must be a lawyer; and one by the Executive Organ. Each principal member shall have an alternate appointed in the same manner, and all must be from outside the ap­pointing bodies.

The magistrates of the Electoral Court are responsible to the Supreme Court of Justice for offenses or dereliction committed in the performance of their func­tions, and are subject to the provisions of Articles 187, 190, 192, 193, 194 and 196, with the penalties prescribed by law.

The Electoral Court shall have such subordinate employees as may be pre­scribed by law.

Article 127. In addition to those conferred upon it by law, the Electoral Court shall have the following powers, which it shall exercise exclusively with the exception of those enumerated in sections 3 and 5:

l. To regulate the Electoral Law in accordance with its letter and spirit, to interpret and enforce it, and to take cognizance of disputes arising in its application;

2. To prosecute and punish offenses against the freedom and honesty of suf­frage, in accordance with law;

3. To take the electoral census;

4. To organize, direct and supervise the registration of voters and their documentation, and to settle disputes, complaints and denunciations arising therefrom;

5. To process applications for immigration and naturalization; and

6. To appoint the members of the electoral corporations.

The decisions of the Electoral Court may be appealed only to the Court itself, and once the provisions of law have been complied with, are final, irrevocable and binding. A plea of unconstitutionality is an exception.

Article 128. The Office of the Supervisor of Elections is an independent agency collaborating with the Electoral Court. Its powers shall be determined by law.

The Supervisor of Elections shall be a lawyer, and is subject to the provi­sions of the third paragraph of Article 126 of this Constitution.

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Title V
The Legislative Organ

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Chapter I
General Provisions

Article 129. The legislative function is exercised by the National Assembly of Municipal Representatives and the National Legislative Council, in accordance with Articles 2, 141 and 148 of this Constitution.

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Chapter II
The National Assembly of Municipal Representatives

Article 130. The National Assembly of Municipal Representatives (National Assembly) shall be composed of as many members as there are municipalities into which the national territory is divided. Each municipality shall elect one repre­sentative and his alternate by direct popular vote, in the same manner and on the same day, for a period of six years. They may be re-elected.

Article 131. The National Assembly shall meet annually in its own right, without previous convocation, in the capital of the Republic, from the eleventh of October until the eleventh of November in each of the six years of the period for which its members are elected.

Article 132. The National Assembly shall hold regular and special sessions. Regular sessions are those held during the period stipulated in the preceding arti­cle. Special sessions are those held in compliance with Article 142 and those con­voked by the Executive Organ to deal with specific matters for the period he specifies.

Article 133. The following requirements must be met to be a Municipal Representative:

1. To be Panamanian by birth or to have acquired definitive Panamanian nationality ten years prior to the date of the election;

2. To be at least eighteen years of age;

3. Not to have been convicted for a crime against public property or the freedom and honesty of suffrage; and

4. To be a resident of the municipality he represents during the year im­mediately preceding the election.

Article 134. The right to be a representative shall be lost for the following causes:

1. Voluntary change of residence to another municipality;

2. Judicial conviction for a crime; and

3. Revocation of mandate.

The law shall regulate the application of this article.

Article 135. In case of a vacancy in the representation of a municipality, the election of a new representative shall take place within the next two months.

Article 136. Municipal representatives may not be appointed to public offices remunerated by the same municipality. Violation of this principle renders the ap­pointment void.

Appointment to the Judicial Organ, Public Ministry or Electoral Court causes an absolute vacancy in the Office of Municipal Representative. Appointment as a Minister of State, head of an autonomous or semiautonomous institution or chief of diplomatic mission causes a temporary vacancy.

Article 137. The members of the National Assembly are not legally respon­sible for opinions expressed in the performance of their duties, and are entitled to consideration and respect from the authorities. During the six-year term for which they are elected, representatives may not be prosecuted or arrested for criminal or police action without prior authorization of the Provincial Coordinating Council to which they belong, except in cases of flagrante delicto.

Article 138. Municipal Representatives shall receive the emoluments pre­scribed by law, which shall be paid from the National Treasury.

Article 139. The law shall specify the contracts which Municipal Represent­atives may not make on their own behalf or through another party with the State and with autonomous or semiautonomous institutions and entities related thereto, and contracts which they may not negotiate on behalf of others.

Article 140. The National Assembly must approve, with or without modifica­tions, or disapprove the amendments to the Constitution submitted to it by the Na­tional Legislative Council.

Amendments must be ratified by the National Assembly which takes office in the following term.

Article 141. The legislative functions of the National Assembly consist in enacting laws for the following purposes:

1. To approve or reject public treaties signed by the Executive;

2. To declare war and authorize the Executive to negotiate peace;

3. To approve or disapprove changes in the political division of the national territory proposed by the National Legislative Council;

4. To grant amnesty for political offenses; and

5. To approve its internal regulations.

Article 142. Accusations or charges against the President and Vice-President of the Republic, Magistrates of the Supreme Court of Justice, the Attorney General of the Republic, the Commander in Chief of the National Guard and the Solicitor General shall be within the competence of a Judicial Commission composed of the officers of the National Assembly and three representatives from each province and one for the District of San Blas, elected by the full Assembly. If there are grounds therefor, the Judicial Commission shall try them for acts in violation of the Constitution and laws committed in the performance of their duties.

The law shall establish the procedures to be followed and the penalties to be imposed.

Article 143. The administrative functions of the National Assembly are the following:

l. To elect its board of officers, which shall consist of a President and ten Vice-Presidents, one for each province and one for the District of San Blas;

2. To elect the President and Vice-President of the Republic on the date of its installation, by means of a roll call vote. The election shall be by slates.

Candidates for the offices of President and Vice-President of the Republic shall require the support of not less than thirty percent of the representatives. In the event that none or only one of the slates obtains this percentage, the three with the largest number of votes shall be con­sidered as candidates. If no slate obtains an absolute majority on the first ballot, a second shall be taken between the two slates receiving the largest number of votes on the first ballot. On the second ballot, blank votes shall be added to those of the slate receiving the largest number.

The President of the National Assembly shall vote only in case of tie to decide the election.

3. To accept or decline the resignation of the President or Vice-President of the Republic;

4. To grant leave of absence to the President and Vice-President of the Republic to leave their posts for up to six months, and to authorize them to leave the national territory for a maximum of three months;

5. To elect one Magistrate of the Electoral Court, pursuant to Article 126 of this Constitution;

6. To request oral or written reports from public officials and to demand their appearance at its sessions, stating the purpose therefor, when necessary to elucidate the discussion;

7. To receive annual reports on the activities of the President and Vice­-President of the Republic, Ministers of State, the Controller General of the Republic, and autonomous and semiautonomous institutions; and

8. To supervise public administrative officials at the provincial level.

Article 144. The National Assembly is forbidden:

1. To elect one of its members to be President or Vice-President of the Republic;

2. To take votes of approval or censure with respect to the acts of the President of the Republic;

3. To demand public reports on pending diplomatic negotiations of a confi­dential nature; and

4. To delegate any of its functions.

Article 145. The laws enacted by the National Assembly shall be proposed by the Special Committees of the Assembly or by the National Legislative Council. Their enactment shall require approval in a single debate by absolute majority of the members of the Assembly.

Laws must be promulgated within six working days following their enactment and shall take effect from the time of their promulgation, unless the law itself pro­vides that they shall become effective on some other date.

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Chapter III
The National Legislative Council

Article 146. The National Legislative Council shall be composed of the President and Vice-President of the Republic, the President of the National Assem­bly, the Ministers of State and the members of the Legislative Commission.

Article 147. The members of the Legislative Commission shall have the right to voice and vote in the National Legislative Council and may initiate legis­lation.

Their functions are those established in this Constitution and in the law.

Article 148. With the exception of those falling within the competence of the National Assembly, the National Legislative Council shall enact the laws necessary for fulfillment of the purposes of the State and the performance of the functions of the Government set forth in this Constitution, and in particular for the following:

1. To enact, put into effect, amend or repeal the national codes;

2. To determine the number and titles of the Ministries of State and to assign their functions to them;

3. To limit and regulate the awarding of vacant lands;

4. To decide upon the use of national property for public purposes;

5. To decide upon the transfer of movable and immovable national property;

6. To approve the Budget of Revenues and Expenditures of the Republic and to decide upon supplementary or special appropriations in relation thereto;

7. To establish taxes, assessments, revenues and official monopolies;

8. To establish administrative departments with internal autonomy, inter­ ministerial agencies and technical councils;

9. To establish and organize public services;

10. To determine the standard, weight, value, form, type and denomination of the national currency; and

11. To approve its internal regulations.

Article 149. The National Legislative Council shall propose modifications of the political division of the national territory to the National Assembly, for its ap­proval or rejection.

Article 150. Laws may be proposed by the members of the National Legisla­tive Council. The Provincial Coordinating Councils shall propose laws through the President of the National Assembly.

Article 151. Proposed laws shall be approved in a single debate by an ab­solute majority of the members of the Legislative Council, which shall hold such consultations as may be necessary with the Provincial Coordinating Councils and the national groups which may be affected by the proposed legislation.

Article 152. The National Legislative Council may request oral or written reports from public officials and may require their appearance at meetings, stating the purpose thereof, when it deems this necessary to elucidate the discussion.

Article 153. The qualifications for menmbers of the Legislative Commission are the same as those for Ministers of State.

Article 154. The President of the National Assembly and the members of the Legislative Commission shall receive the remuneration determined by the Executive Organ.

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Title VI
The Executive Organ

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Chapter I
The President and Vice-President of the Republic

Article 155. The Executive Organ is constituted by two citizens called the President of the Republic and the Vice-President of the Republic, with the indispen­sable cooperation of the Ministers of State.

Article 156. In each particular case, the President or Vice-President of the Republic, with the Minister of the respective branch, shall exercise his functions as representative of the Executive Organ.

Article 157. The President of the Republic shall be elected by an absolute majority of votes by the National Assembly of Municipal Representatives, for a term of six years.

Together with the President of the Republic, there shall be elected the Vice­-President of the Republic, who shall replace the President in his absence, in ac­cordance with the provisions of Articles 168 and 169 of this Constitution.

Article 158. A citizen who has been elected President or Vice-President of the Republic may not be reelected to the same office in the two terms immediately following.

Article 159. In order to be President or Vice-President of the Republic, the following are required:

l. To be Panamanian by birth; and

2. To have reached thirty-five years of age.

Article 160. Persons convicted of offenses against public order may not be elected President or Vice-President of the Republic.

Article 161. The President and Vice-President of the Republic shall take office before the National Assembly and shall take the following oath: "I swear be­fore God and the country to comply faithfully with the Constitution and the laws of the Republic."

A citzen who has no religious beliefs may omit the invocation to God in the oath.

Article 162. If for any reason the President or Vice-President of the Repub­lic cannot take office before the National Assembly, he shall do so before the Su­preme Court of Justice; if the latter is not possible, he shall take office before a Public Notary, or in the last resort, before two competent witnesses.

Article 163. The following powers are exercised by the President of the Republic alone:

l. To coordinate all the work of the Public Administration;

2. To take the measures necessary for the National Assembly to meet on the day prescribed in the Constitution or in the decree convoking it in special session;

3. To present a message concerning the affairs of the Administration each year on the first day of the session of the National Assembly;

4. To conduct foreign relations, to accredit and receive diplomatic and consular agents, and to enter into international treaties and agreements, which shall be submitted to the National Assembly for consideration;

5. To supervise the regular functioning of the Administration and the proper conduct of public institutions;

6. To grant pardons for political offenses, to reduce penalties, and to grant parole to persons convicted of common offenses;

7. To appoint and dismiss freely the Ministers of State and members of the Legislative Commission;

8. To appoint the Controller General and Deputy Controller General of the Republic, the heads of autonomous and semiautonomous entities, and one Magistrate of the Electoral Court, pursuant to this Constitution and the law;

9. To exercise the powers conferred upon him by this Constitution and the law; and

10. To obey and enforce strict compliance with the laws and promulgate those enacted by the National Legislative Council.

Article 164. The following powers shall be exercised by the President of the Republic with the cooperation of the respective Minister, the Cabinet Council, or the National Legislative Council, as appropriate:

1. To appoint chief and officers of the Public Forces in accordance with this Constitution, the law and the Military Register;

2. To appoint, with the approval of the Cabinet Council, the Magistrates of the Supreme Court of Justice, the Attorney General of the Republic, and the Solicitor General, and their alternates;

3. To appoint and dismiss freely the Governors of the provinces;

4. To supervise the collection and administration of the national revenues;

5. To enact regulations for laws that so require for their better enforce­ment, without deviating from the letter or spirit thereof;

6. To present to the National Assembly an annual report on the administra­tive, political and economic affairs of the State;

7. To enter into administrative contracts for the performance of services and the execution of public works.

The President may delegate this power in whole or in part to the Vice­-President of the Republic;

8. To appoint, with the cooperation of the respective Minister and in ac­cordance with the provisions of Title XII, persons who are to hold offices or positions, appointment to which does not fall within the competence of any other public official or entity.

The President of the Republic may delegate his power of appointment to other officials, as provided by law;

9. To issue naturalization certificates in accordance with the procedure established by law; and

10. To exercise the other powers conferred upon him by this Constitution and the law.

Article 165. The Vice-President of the Republic has the following powers:

1. To appear before the National Assembly each year in order to present a report on the Budget of Revenues and Expenditures of the Republic and the National Development Plan;

2. To grant to nationals who so request, permission to accept positions with foreign governments, in cases where such permission is necessary under the law;

3. To attend sessions of the Cabinet Council, with voice and vote;

4. To exercise the other powers conferred upon him by this Constitution and the law.

Article 166. The President and Vice-President of the Republic may delegate their powers to other public officials or entities, in the manner prescribed by law.

Article 167. No act of the President or Vice-President of the Republic, except those which may be exercised by them alone, shall have validity unless countersigned by the respective Minister of State, who assumes responsibility therefor.

The orders and resolutions issued by a Minister of State on the instructions of the President or Vice-President of the Republic are obligatory and may be in­validated only by the President or Vice-President, provided they are not contrary to the Constitution or the law.

Article 168. The President and the Vice-President of the Republic may separate themselves from their functions only with leave of absence, which shall not be for more than six months, and which shall be granted by the Cabinet Council.

They may not leave the national territory without permission from that body for more than thirty days each time.

During his leave of absence the President shall be replaced by the Vice­-President, who shall have the title of Acting Head of the Executive Organ.

In the absence of the Vice-President of the Republic, his functions shall be performed by a Minister of State appointed by the President of the Republic, who must meet the requirements for this office and shall have the title of Acting Vice­-President of the Republic.

Article 169. In case of the permanent absence of the President of the Repub­lic, his functions shall be assumed by the Vice-President of the Republic for the remainder of the term.

When the Vice-President assumes the functions of the President, he shall convoke the National Assembly within thirty days so that it may elect a new Vice-President.

During the period mentioned in the preceding paragraph, a Minister of State shall serve as Acting Vice-President of the Republic. He shall be elected in the manner prescribed in Article 168 of this Constitution.

In case of the permanent absence of the Vice-President of the Republic, his functions shall be assumed by a Minister of State, appointed in the manner pre­scribed in Article 168 of this Constitution.

When the Acting Vice-President assumes the functions of the President of the Republic he shall convoke the National Assembly within thirty days so that it may elect a new Vice-President of the Republic for the remainder of the constitutional term.

Article 170. The emoluments assigned by law to the President and Vice­-President of the Republic may be changed, but the change shall not take effect until the following presidential term.

Article 171. The President and Vice-President of the Republic are held ac­countable only in the following cases:

1. For exceeding their constitutional powers;

2. For impeding the meeting of the National Assembly or for obstructing it or any other public body or authority established by the Constitution, in the exercise of its functions; and

3. For crimes against the Nation or against the public order.

In the first two cases the penalty shall be removal from office and dis­qualification to hold public office for the period fixed by law.

In the third case ordinary law shall apply.

Article 172. The following may not be elected President of the Republic:

1. A citizen who, called to exercise the Presidency in the permanent or temporary absence of the President, has held the position at any time during the three years immediately preceding the term for which the election is held;

2. Relatives within the fourth degree of consanguinity or second degree of affinity of a President of the Republic who has exercised his functions in the term immediately preceding, or such relatives of the citizen indicated in section l of this article.

Article 173. The following may not be elected Vice-President of the Republic:

1. The President of the Republic elected by the National Assembly who has performed his functions at any time, when the election of the Vice­ President of the Republic is for the term following his own;

2. Relatives within the fourth degree of consanguinity or the second degree of affinity of the President of the Republic elected by the National Assem­bly, for the period following that in which the President of the Republic has held office;

3. A citizen who, as Vice-President of the Republic, has occupied the Presidency at any time during the three years preceding the term for which the election is held;

4. Relatives within the fourth degree of consanguinity or second degree of affinity of the citizen mentioned in the preceding section, for the term immediately following that in which that citizen has occupied the Presi­dency; and

5. Relatives within the fourth degree of consanguinity or second degree of affinity of the President of the Republic.

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Chapter II
Ministers of State

Article 174. The Ministers of State are the highest officials of their respec­tive branches and cooperate with the President and Vice-President of the Republic in the performance of their functions, pursuant to this Constitution and the law.

Article 175. The distribution of functions among the Ministers of State shall be made pursuant to law, according to their nature.

Article 176. Ministers of State must be Panamanians by birth, must have reached twenty-five years of age, and must not have been convicted for a crime against the public order.

Article 177. No person may be appointed Minister of State who is a relative of the President of the Republic within the fourth degree of consanguinity or the second degree of affinity, nor may persons of those relationships be members of the same Cabinet.

Article 178. Each Minister of State shall personally present to the National Assembly an annual report concerning the state of affairs in his ministry and such reforms as he may deem appropriate to introduce.

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Chapter III
The Cabinet Council

Article 179. The Cabinet Council consists of the meeting of the Ministers of State and the Vice-President of the Republic under the direction of the President of the Republic or the Acting President.

Article 180. The Cabinet Council has the following functions:

l. To act as an advisory body on matters submitted to it by the President of the Republic and on those matters that should be heard pursuant to the Constitution or the law;

2. To approve, with the President of the Republic, appointments of Magis­trates of the Supreme Court of Justice, the Attorney General of the Republic, the Solicitor General and their alternates;

3. To approve the execution of contracts, the negotiation of loans and the transfer of movable or immovable national property in the manner prescribed by law;

4. To empower the President of the Republic to settle or submit to arbitra­tion litigious matters to which the State is a party. In such cases, the favorable opinion of the Attorney General of the Republic is required;

5. To approve, under the collective responsibility of all its members and of the Commander in Chief of the National Guard, decrees which the President may issue concerning the suspension and restoration of guarantees;

6. To request from public officials and entities such reports as it may deem necessary or useful in relation to the matters it must consider, and to summon the former and representatives of the latter to present oral reports;

7. To approve its internal regulations; and

8. To exercise the other functions prescribed by this Constitution or the law.

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Chapter IV
The General Council of State

Article 181. The General Council of State consists of the meeting of the President of the Republic, who shall preside over it, with the Vice-President of the Republic, the Ministers of State, general directors of autonomous and semi­autonomous entities, the Commander in Chief of the National Guard, the Controller General of the Republic, the Attorney General of the Republic, the Solicitor General, the Legislative Commission and the Presidents of the National Assembly, the Su­preme Court of Justice and the Electoral Court.

Article 182. The Council of State has the following functions:

1. To act as an advisory and coordinating body on matters submitted to it by the President of the Republic;

2. To exercise the other functions prescribed by law.

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Title VII
The Administration of Justice

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Chapter I
The Judicial Organ

Article 183. The administration of justice is free, prompt and uninterrupted. The law shall guarantee that this principle is made effective.

Article 184. The Judicial Organ consists of the Supreme Court of Justice, the lower courts, and such other courts as the law may establish.

Article 185. The Supreme Court of Justice shall be composed of the number of Magistrates determined by law, appointed for a ten-year term beginning January 1, 1973. Each Magistrate shall have an alternate, appointed for the same term, who shall replace him in his absence. A permanent vacancy on the Court shall be filled by a new appointment for the remainder of the term.

The law shall divide the Court into Panels, composed of three permanent members each.

Article 186. To be a Magistrate of the Supreme Court of Justice, the follow­ing are required:

1. To be Panamanian by birth;

2. To have reached thirty-five years of age;

3. To be in full enjoyment of civil and political rights;

4. To hold a university degree in law, registered at the office prescribed by law; and

5. To have completed a period of ten years in the practice of law or in some other position the holding of which requires a university degree in law.

Article 187. A person who has been convicted of an offense against the public order may not hold any office in the Judicial Organ.

Article 188. Together with its other constitutional and legal powers, the Supreme Court of Justice shall have the following:

1. Guardianship of the integrity of the Constitution, to which end it shall decide, after hearing the Attorney General of the Republic or the Solicitor General, on the constitutionality of laws, decrees, decisions, resolutions and other acts challenged before it by any person on the grounds of content or form.

Whenever in a proceeding the public official responsible for rendering justice believes or one of the parties claims that the legal provision or regulation applicable to the case is unconstitutional, the matter shall be submitted to the full Court and the proceeding shall continue until it is decided. The parties may make such a claim only once in each proceeding; and

2. Exercise of administrative jurisdiction over acts, resolutions, orders or decisions executed, adopted or issued in the exercise of their func­tions or on the pretext of their exercise by public officials, national, provincial and municipal authorities, and officers of autonomous or semiautonomous public entities. To this end, the Supreme Court of Justice, after hearing the Solicitor General, may annul the acts challenged on grounds of illegality; reestablish the particular right violated; enact new provisions to replace those challenged; and make a preliminary judgment regarding the meaning, applicability or legal validity of an administrative act.

Persons affected by the act, resolution, order or decision in question may have recourse to administrative jurisdiction; so also, on behalf of the public, may any natural or juridical person domiciled in the country, in any case in which a public official or authority has acted in violation of law.

The decisions of the Court in the exercise of the powers conferred by this article are final, definitive and binding, and must be published in the Official Gazette.

Article 189. There is no appeal on grounds of unconstitutionality against decisions of the Court or its Panels.

Article 190. Principal magistrates and judges may not hold any other public office, except that of professor of law in an educational institution of university level.

Article 191. In the lower courts and tribunals established by law, the magis­trates shall be appointed by the Supreme Court of Justice and the judges by their immediate superior. Subordinate personnel shall be appointed by the respective court or judge. All such appointments shall be made in accordance with the Judi­cial Career, as provided in Title XII.

Article 192. Magistrates and judges are independent in the exercise of their functions and are subject only to the Constitution and the law. However, subordi­nate judges are obliged to abide by and comply with decisions issued by their supe­rior in rank revoking or amending, by virtue of legal proceedings, the decisions rendered by the former.

Article 193. Magistrates and judges shall not be removed, suspended or transferred from the exercise of their functions, except in the cases and according to the procedures prescribed by law.

Article 194. Positions in the Judicial Organ are incompatible with participa­tion in politics, except voting and elections, with the practice of law or commerce, and with any other remunerated position except as provided in Article 190.

Article 195. The law shall regulate the financial regime of the Judicial Organ and of the Public Ministry jointly, according to the needs of the administration of justice.

The abolition of offices or positions in the Judicial Organ shall be effective at the end of the corresponding term.

Article 196. Magistrates and judges may not be detained or arrested except by virtue of a written order from the authority competent to judge them.

Article 197. Trial by jury is established. The law shall determine the cases to be decided by this system.

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Chapter II
The Public Ministry

Article 198. The Public Ministry shall be exercised by the Attorney General of the Republic, the Solicitor General, the District Attorney and Municipal Attorneys, and the other officials designated by law. Officials of the Public Ministry may be delegated to exercise the functions of the Attorney General, in the manner prescribed by law.

Each official of the Public Ministry shall have two alternates, who shall replace him in their order during temporary absences and in permanent absences until the vacancy is filled.

Article 199. The functions of the Public Ministry are the following:

1. To defend the interests of the State or of the municipality;

2. To foster the enforcement and execution of laws, judicial decisions and administrative orders;

3. To supervise the official conduct of public officials and to take care that all fully discharge their duties;

4. To prosecute offenses and violations of constitutional or legal provisions;

5. To serve as legal advisors to administrative officials; and

6. To exercise the other functions prescribed by law.

Article 200. The qualifications to be Attorney General of the Republic and Solicitor General are the same as those to be a Magistrate of the Supreme Court of Justice, and both shall be appointed for a six-year term beginning January 1, 1973.

Article 201. The Attorney General of the Republic has the following special functions:

1. To arraign before the Supreme Court of Justice public officials over which that body has jurisdiction;

2. To see to it that the other officials of the Public Ministry faithfully dis­charge their duties, and to see that they are held responsible for the offenses they commit.

Article 202. Officials of the Public Ministry are subject to the prov1s1ons established for judicial officials by Articles 187, 190, 192, 193, 194 and 196.

Article 203. The Attorney General and the Solicitor General and their alter­nates shall be appointed by the Executive Organ.

District and Municipal Attorneys shall be appointed by their immediate superiors. Subordinate personnel shall be appointed by the respective District or Municipal Attorney. All such appointments shall be made in accordance with the Judicial Career, as provided in Title XII.

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Title VIII
The Provinces

Article 204. In each province there shall be a Governor freely appointed and removed by the Executive, who shall be the agent and representative of the Presi­dent within his jurisdiction. Each Governor shall have an alternate.

The law shall determine the functions and duties of the Governors.

Article 205. Each province shall have the number of districts established by law.

Article 206. Each province shall have a Provincial Coordinating Council, which shall promote, coordinate and harmonize official activities and shall serve as an advisory body. This council shall be composed of the Municipal Representa­tives and other members determined by the law regulating its organization and functioning.

[edit]
Title IX
The Municipalities

Article 207. The municipality is the autonomous political organization of the community established within a district.

Municipal organizations shall be democratic and shall respond to the essen­tially administrative nature of localgovernment.

Article 208. The municipalities have the function of promoting the develop­ment of the community and social welfare, and shall collaborate with the National Government to this end. The law may determine the portion of revenues that mu­nicipalities shall allocate in this regard, particularly to education, taking into account the population, location and economic and social development of the district.

Article 209. The municipal authorities have the duty of complying with and enforcing the Constitution and laws of the Republic, the decrees and orders of the Executive, and the decisions of the ordinary and administrative courts of justice.

Article 210. No municipal official may be suspended or removed by the na­tional administrative authorities.

Article 211. The State shall supplement the municipal administration when it is inadequate, in cases of epidemic, serious disturbance of the public order, or other reasons of public interest, in the manner prescribed by law.

Article 212. In each municipality there shall be a body known as the Munic­ipal Council, composed of a minimum of five Representatives in the National Assembly. If the number of Representatives of a district is less than five, the Mayor of the municipality, in agreement with the Representatives, shall appoint as many persons as may be necessary to complete this number. Persons so ap­pointed shall have only the investiture and functions of councilors.

Article 213. By popular initiative and by vote of the Councils, two or more municipalities may request to be merged in a single unit, or to be associated for reasons of mutual benefit. The law shall establish the procedure to be followed in this regard.

The municipalities of a province with similar requirements may unify their operations by establishing a common treasury and fiscal administration. In such cases there may be created an intermunicipal council whose composition shall be determined by law.

Article 214. Citizens have the right of initiative and referendum in matters entrusted to the Councils.

Article 215. The law may determine, in accordance with the financial capac­ity and manpower resources of the municipalities, which of them shall be governed by a system of special commissioners to render such services as the law may prescribe.

Article 216. In each district there shall be a Mayor, as head of the municipal administration, and one alternate. Persons convicted of offenses against the public order may not be elected to these offices.

In the event that a Mayor is to be appointed, and within seven days following the taking of office by the Governor of the province the latter shall present a list of three candidates for the two offices mentioned in the preceding paragraph, and shall appoint those selected by the Council. The Municipal Treasurer shall be appointed by the Municipal Council.

Mayors and their alternates shall be appointed for a three-year term and may be re-elected for another term. They may be removed only for the causes prescribed by law.

The Council shall appoint a Vice Chairman who shall replace the Chairman in his absence and shall have the functions prescribed by law.

Article 217. Mayors shall have the following functions, in addition to the duties set forth in Article 209 of this Constitution:

l. To preside over the Municipal Council and to present proposed resolu­tions, especially that on the budget of revenues and expenditures;

2. To order the expenditures of the local administration in accordance with the budget and with accounting regulations;

3. To appoint and remove municipal officials in agreement with the Munic­ipal Representatives, and to appoint and remove other municipal employees whose appointment does not fall within the competence of another authority, subject to the provisions of Title Xll; and

4. To promote the progress of the municipal community and to supervise the performance of their duties by public employees.

Article 218. The Mayors and Councilmen shall receive a remuneration for their services which shall be paid from the National or Municipal Treasury, as determined by law.

Article 219. Taxes that have no effect outside the district are municipal, but the law may establish exceptions in order that specific taxes may be municipal not­withstanding the fact that they have such effect. On this basis, the law shall deter­mine, with due separation, national and municipal revenues and expenditures.

Article 220. The sources of municipal revenue, in addition to those provided by law in accordance with the preceding article, are the following:

1. Income from their lands or properties and from their own assets;

2. Fees for the use of their goods or services;

3. Taxes on public performances;

4. Taxes on the sale of alcoholic beverages;

5. Fees established by law for the extraction of sand, granite, rock, clay, coral, gravel and limestone;

6. Fines imposed by the municipal authorities;

7. State subsidies and grants;

8. Fees for the removal of wood and the felling of trees; and

9. The tax on the slaughtering of bovine and porcine livestock, which shall be paid in the municipality of origin of the animal.

Article 221. The municipalities may establish municipal or mixed companies for the provision of goods or services.

Article 222. The State may not grant exemptions from municipal fees, charges or taxes. The municipalities may do so only by municipal decision.

Article 223. The municipalities may contract loans with the prior authoriza­tion of the Executive Organ. The law shall determine the procedure to be followed in this regard.

Article 224. In each municipality there shall be a Community Board which shall promote the development of the community and shall see to the solution of its problems.

The Community Boards may exercise functions of voluntary conciliation and such others as the law may prescribe.

Article 225. The Community Board shall be composed of the Municipal Representative, who shall preside over it, the Councilman and three citizens resi­dent in the municipality, selected in the manner determined by the Municipal Council.

Community Boards may request the cooperation and advice of national or municipal officials and of private persons.

The law may establish a special regime for Community Boards functioning in communities which are not administratively constituted as municipalities.

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Title X
Public Finance

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Chapter I
Property and Rights of the State

Article 226. The following belong to the State:

1. Property existing in the territory that belonged to the Republic of Colombia;

2. The rights and participations which the Republic of Colombia possessed as owner, within the country or elsewhere, by virtue of the sovereignty that it exercised over the territory of the Isthmus of Panama;

3. The property, revenues, estates, securities, rights and participations that belonged to the former Department of Panama;

4. Vacant and free lands;

5. The resources of the subsoil, which may be exploited by State or mixed companies or may be the subject of concessions or contracts for their exploitation as provided by law.

Mineral rights granted and not exercised within the period and under the conditions fixed by law shall revert to the State;

6. Salt deposits, mines, subterranean and thermal waters, deposits of hydrocarbons, quarries and deposits of all kinds, which may not be privately appropriated but may be exploited directly by the State, through state or mixed companies, or may be the subject of concessions or other contracts for their exploitation by private firms. The law shall regulate all matters pertaining to the various forms of exploitation mentioned in this section;

7. Historical monuments, documents and other items which bear witness to the past of the Nation. The law shall determine the procedure by which such items shall revert to the State when held by private persons under any title; and

8. Archaeological sites and objects, the exploitation, study and restoration of which shall be regulated by law.

Article 227. The following belong to the State and are of public use, and consequently may not be the object of private appropriation:

1. The territorial sea and the waters of lakes and rivers; the shores and banks thereof and of navigable rivers; and ports and estuaries. All such property is for the free and common benefit, subject to the regulations established. by law;

2. Lands and waters destined for public services and for any kind of communications;

3. Lands and waters destined for or which the State may set aside for public irrigation services, hydroelectric production, drainage and water supply systems;

4. The air space, the submarine continental shelf, and the bed and subsoil of the territorial sea; and

5. All other properties that the law defines as for public use.

In all cases in which privately owned property is converted by law into property for public use, the owner thereof shall be compensated.

Article 228. Concessions for the exploitation of the soil, subsoil and forests, and for the utilization of waters, means of communication or transportation and other public service enterprises, shall be based on the social welfare and the public interest.

Article 229. The artistic and historical wealth of the country constitutes the cultural heritage of the Nation and shall be under the guardianship of the State, which shall prohibit its destruction, exportation or transfer.

Article 230. The power of issuing currency belongs to the State, which may transfer it to official banks of issue, in the manner prescribed by law.

Article 231. There shall be no paper money of compulsory tender in the Republic.

Article 232. The law shall establish and regulate official or semiofficial banks, which shall operate as autonomous entities supervised by the State, and it shall determine the subsidiary responsibilities of the State with respect to the obli­gations contracted by such banks. The law shall regulate the banking system.

Article 233. The law shall endeavor to see that all taxes are imposed upon the taxpayer in direct proportion to his economic capacity, subject to the need to raise public funds and protect domestic production.

Article 234. There may be established by law, for revenue purposes, official monopolies on imported articles or those not produced in the country.

Upon the establishment of a monopoly by virtue of which any person is de­prived of the right to engage in a lawful business or industry, the State shall com­pensate in advance those persons or enterprises whose business has been expro­priated under the terms of this article.

Article 235. No public expenditure may be made that has not been authorized in accordance with the Constitution or the law. Likewise, no item may be trans­ferred to an object not included in the respective budget.

Article 236. All receipts and disbursements of the public treasuries must be included and authorized in the respective budget of revenues and expenditures. No revenues shall be collected through taxes unless established by law and no expendi­tures shall be paid unless included in the budget.

Article 237. When it is necessary to make an expenditure for which insuffi­cient funds or no funds have been voted, a supplemental or extraordinary appropria­tion may be granted to the respective ministry. For this purpose, the National Legislative Council shall request an opinion from the Controller General of the Republic as to the practicability and suitability of this appropriation.

All those who take part in this process shall be held responsible for their action.

Article 238. The execution or repair of national works, purchases made from state funds or funds of its autonomous or semiautonomous entities or of the municipalities, and the sale or lease of property belonging thereto, shall be ef­fected by public bidding except in the cases specified by law.

The law shall establish measures to ensure in all bidding the maximum bene­fit to the State and full justice in the award.

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Chapter II
The Controller General of the Republic

Article 239. There shall be an independent state agency known as the Office of the Controller General of the Republic. It shall be directed by a public official known as the Controller General, assisted by a Deputy Controller. They shall be appointed for a term concurrent with that of the President of the Republic, during which they may be suspended or removed only by the Supreme Court of Justice on grounds defined by law. Their appointment shall be effective on the first of January following each Presidential election.

The qualifications to be Controller or Deputy Controller General of the Repub­lic are: to be a Panamanian citizen by birth, to have reached thirty-five years of age, and not to have been convicted of an offense against the public order.

Article 240. The functions of the Office of the Controller General, in addi­tion to those prescribed by law pursuant to the preceding article, are the following:

l. To maintain the national accounts, including those of the internal and external debt;

2. To supervise, regulate and control all acts of management of funds and other public property, so that they will be executed correctly and as provided by law.

The Office of the Controller shall determine the cases in which it shall exercise both prior and subsequent control over the management of funds, and cases in which it shall exercise only the latter;

3. To examine, audit and close the accounts of public officials, persons or entities which administer, manage or safeguard funds or other public property. Matters pertaining to penal responsibility are within the com­petence of the ordinary courts;

4. To conduct inspections and investigations in order to determine the regularity or irregularity of operations affecting public assets, and, if appropriate, to present the corresponding denouncements;

5. To request reports from public officials on the fiscal management of national, provincial, municipal, autonomous or semiautonomous entities;

6. To devise and promote the adoption of measures necessary to provide credits for public entities;

7. To request a declaration of unconstitutionality or illegality of laws and other acts in violation of the Constitution or the law which affect the public assets;

8. To establish the accounting procedures of the public entities mentioned in section 5 of this article;

9. To report to the Executive Organ on the financial condition of the public administration, and to submit opinions on the feasibility or desirability of granting supplemental or extraordinary appropriations;

10. To direct and compile the national statistics;

11. To appoint the employees of its departments, in accordance with this Constitution and the law;

12. To present an annual report on its activities to the Executive Organ and to the National Assembly; and

13. To audit the accounts of financial officers and employees when complaints are made as to alleged irregularities in such accounts.

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Title XI
The National Economy

Article 241. Engaging in economic activities is primarily the function of private persons. However, the State shall guide, direct, regulate, replace or initiate such activities, in accordance with social needs and within the standards of this Title, for the purpose of increasing the national wealth and ensuring its benefits to the greatest possible number of inhabitants of the country.

The State shall plan economic and social development, through specialized agencies or departments whose organization and functioning shall be determined by law.

Article 242. In order to achieve the purposes mentioned in the preceding article, the law shall provide that the following measures be taken:

1. To establish commissions of technicians or experts to study the condi­tions and possibilities of all types of economic activities and to make recommendations for their development;

2. To promote the establishment of private enterprises that will function in accordance with the recommendations mentioned in the preceding sec­tion; to establish state companies and encourage the formation of mixed companies with state participation. State companies may be established to meet social needs and for public security and the public interest;

3. To establish credit and development institutions or other appropriate facilities to serve those engaged in small-scale economic activities;

4. To establish classroom and practical centers for instruction in the areas of commerce, farming, stockraising, tourism, arts and crafts (including manual arts), and for the training of workmen and specialized industrial managers.

Article 243. The State shall participate in any kind of private enterprise, in accordance with the regulations established by law, to ensure the social justice to which this Constitution refers, and especially for the following purposes:

1. To regulate, through special agencies, the rates, services and prices of items of any nature, and especially those of basic necessity;

2. To demand proper efficiency in services and adequate quality in the articles mentioned in the preceding section;

3. To coordinate services and the production of goods.

The law shall define articles of basic necessity.

Article 244. The majority of the capital of public utility enterprises operating in the country must be Panamanian, with the exceptions permitted and defined by law.

Article 245. The State shall create public utility enterprises through autono­mous or semiautonomous entities or by other suitable means. In the same manner, it shall assume ownership, by expropriation and indemnification, of public utility enterprises belonging to private persons, when authorized by law and necessary for the collective welfare.

Article 246. In areas or regions in which the level of social and economic development so requires, the State may establish autonomous or semiautonomous national, regional or municipal institutions, to promote the comprehensive develop­ment of the sector or region. These institutions may coordinate state and munici­pal programs in cooperation with the Municipal or Inter-Municipal Councils. The law shall regulate the organization, jurisdiction, financing and supervision of such development institutions.

Article 247. It is a duty of the State to promote and supervise cooperatives, and the necessary institutions shall be established for this purpose. The law shall prescribe a special regime for their organization, functioning, recognition and registration, which shall be free.

Article 248. The State shall regulate the proper utilization of land in accord­ance with its potential use and national development programs, so that it will yield optimum benefits.

Article 249. No foreign government or foreign official or semiofficial entity or institution may acquire title to any part of the national territory, except for embassies in the manner prescribed by law.

Article 250. Foreign natural or juridical persons, and national juridical persons having foreign capital in whole or in part, may not acquire ownership of national or private lands situated less than ten kilometers from the borders.

Island territory may be transferred only for specific purposes of national development and under the following conditions:

1. When it is not classified as a strategic area or reserved for government programs;

2. When it is declared to be a special development area and legislation has been enacted for its development, provided that the national security is guaranteed.

The alienation of island territory does not affect state ownership of goods for public use.

In the preceding cases, legitimately acquired rights existing at the time this Constitution becomes effective shall be respected, but the property in question may be expropriated at any time upon payment of adequate compensation.

Article 251. There shall be no property that may not be freely alienated, or irredeemable obligations, except as provided in Articles 57 and 116. However, temporary limitations on the right of alienation and conditions or terms that sus­pend or postpone the redemption of obligations shall be valid for a maximum period of twenty years.

Article 252. Only the following may engage in retail trade:

1. Panamanians by birth;

2. Individuals who, at the time this Constitution takes effect, are natural­ized and married to a Panamanian national or who have children by a Panamanian national;

3. Naturalized Panamanians included in the preceding case, after three years from the date of obtaining their final papers;

4. National or foreign juridical persons and foreign natural persons who, at the time this Constitution takes effect, are engaged in retail trade ac­cording to law; and

5. Juridical persons formed by Panamanians or by foreigners authorized to engage in retail trade individually in accordance with this article, as well as those who, although not constituted in a manner herein provided, are engaged in retail trade at the time this Constitution takes effect. Foreigners not authorized to engage in retail trade may, however, par­ticipate in those companies which sell their own manufactured products.

Retail trade is defined as engaging in sales to the consumer or as the agent or representative of producing or commercial firms, or in any other activity which the law classified as pertaining to such trade.

Excepted from this rule are farmers and manufacturers in manual indus­tries who sell their own products.

The law shall establish a system of supervision and sanctions to prevent those persons who pursuant to this article may not engage in retail trade from doing so through intermediaries or in any other fraudulent manner.

Article 253. Wholesale trade is defined as that which is not included in the preceding article, and any natural or juridical person may engage in it. However, when it is necessary to protect wholesale trade operated by Panamanians, the law may restrict the exercise of such trade by foreigners. Such restrictions shall in no case affect foreigners who, at the time the pertinent provisions go into effect, are legally engaged in wholesale trade.

Article 254. Any combination, contract, or action which tends to restrict or prevent free trade and competition and which has the effect of a monopoly in detri­ment to the public is prohibited in commerce and industry.

Such actions include the operation by a single natural or juridical person of groups or chains of commercial retail establishments, in a manner that ruins or tends to eliminate the competition of small tradesmen or industrialists.

Any individual may take action before the courts to contest the execution of any combination, contract or action having as its purpose the establishment of monopolistic practices. The law shall regulate this matter.

Article 255. The law shall regulate hunting, fishing and the exploitation of forests, to ensure their renewal and the continuation of their benefits.

Article 256. Only the State may operate games of chance and activities involving betting.

The law shall regulate all games of chance and betting activities, regardless of the system.

Article 257. There shall be no private monopolies.

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Title XII
Public Employees

[edit]
Chapter I
Basic Provisions

Article 258. Public employees are persons appointed temporarily or perma­nently to positions in the Executive, Legislative or Judicial Organs, the municipali­ties, and autonomous and semiautonomous entities; and in general those who re­ceive remuneration from the State.

Article 259. Public employees shall be of Panamanian nationality and shall be appointed without discrimination for reasons of race, sex, religion or political affiliation. Their appointment and removal may not be the absolute and discre­tional prerogative of any authority, except as provided in this Constitution.

Public employees shall be governed by the merit system. Stability in their positions shall depend on their competence, loyalty and morality in service.

Article 260. Students and graduates of educational institutions shall render temporary services to the community before freely practicing their profession or trade under the compulsory Civil Service instituted by this Constitution. The law shall regulate this matter.

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Chapter II
Basic Principles of Personnel Administration

Article 261. The rights and duties of public employees, as well as the prin­ciples governing appointment, promotion, suspension, transfer, dismissal, separa­tion and retirement shall be established by law.

Appointments of career personnel shall be based on the merit system.

Public employees are obliged to personally discharge their functions, to which they shall dedicate their maximum capabilities and for which they shall receive a fair remuneration.

Article 262. Public employees may not receive two or more salaries paid by the State, except in special cases determined by law, nor may they hold positions with simultaneous periods of work.

The pensions of public employees shall be based on actuarial studies and reasonable budgetary allocations.

Article 263. The President and Vice-President of the Republic, the Magis­trates of the Supreme Court of Justice and of the other ordinary or special courts, the Attorney General of the Republic and the Solicitor General, Judges, Ministers of State, the Controller General of the Republic, the President of the National Assembly of Municipal Representatives, members of the General Staff of the Na­tional Guard, members of the Legislative Commission, and all chief public officials must make a sworn declaration of their assets upon taking and leaving office. There shall be no charge to the declarant for this service. The law shall regulate the matter.

[edit]
Chapter III
Organization of Personnel Administration

Article 264. The following careers are established in the public service, in accordance with the merit system:

l. The Administrative Career;

2. The Judicial Career;

3. The Teaching Career;

4. The Diplomatic and Consular Career;

5. The Health Career;

6. The Military Career; and

7. The others instituted by law.

The law shall regulate the structure and organization of these careers in accordance with the needs of the Administration.

Article 265. Official departments shall function on the basis of a Manual of Procedures and a Position Classification Manual.

Article 266. The following are not part of the public careers:

1. Public employees whose appointments are regulated by this Constitution;

2. Directors and deputy directors of autonomous and semiautonomous enti­ties, public officials appointed for a specific time or for fixed periods established by law, and those serving in honorary positions;

3. Secretarial and service personnel immediately attached to public officials who are not part of any career;

4. Public officials with authority and jurisdiction who are not part of a career;

5. Professionals, technicians or manual workers required for temporary or special services in the ministries and in autonomous and semiautonomous institutions;

6. Public employees whose positions are covered by the Labor Code; and

7. The chiefs of diplomatic missions as determined by law.

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Chapter IV
General Provisions

Article 267. The provisions of Articles 187, 190, 192, 193, 194 and 196 shall be applied in accordance with the principles set forth in this Title.

Article 268. Public employees may not enter into contracts, on their own behalf or through intermediate persons, with the department or agency in which they work when such contracts are for profit and are unrelated to the service they render.

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Title XIII
National Defense and Public Security

Article 269. The national defense and public security shall be the responsi­bility of an institution called the National Guard. Its functioning and salary scale shall be regulated by law.

Article 270. All Panamanians are obliged to bear arms to defend the national independence and territorial integrity of the State, except as provided in Article 16 of this Constitution. The law shall regulate the enforcement of this provision and the conditions for exemption from compliance with it.

Article 271. The Government alone may possess arms and implements of war. Previous permission from the Executive is required for their manufacture, importation and exportation. The law shall define weapons which are not classified as arms of war and shall regulate their importation, manufacture and use.

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Final Provisions

Article 272. This Constitution shall enter into force on October 11, 1972.

Article 273. All laws and other legal provisions contrary to this Constitution are hereby repealed, except those pertaining to parental power and support, the contrary parts of which shall continue in effect for a period not exceeding twelve months from the date this Constitution enters into force.

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Transitory Provisions

Article 274. Treaties which may be signed by the Executive Organ with respect to the Panama Canal, its adjacent zone, and the protection of the said Canal, and for the construction of a new Canal at sea level or of a third set of locks, shall be submitted to a national plebiscite.

Article 275. The Municipal Representatives elected on August 6, 1972 shall install the Municipal Councils on October 15, 1972. For purposes of the exercise of their functions, it is understood that the first session of the National Assembly of Municipal Representatives has taken place during the period from September 11 to October 11, 1972.

The District of San Blas and the Municipality of Puerto Obaldfa shall form the Provincial Coordinating Council of San Blas, and the Municipal Representatives of the District of San Blas and Puerto Obaldfa shall be members thereof.

Article 276. The Executive Organ shall determine the initial number of mem­bers of the Legislative Commission and shall appoint them for a term beginning on the effective date of this Constitution; likewise, it shall establish the procedure by which their internal regulations shall be approved.

Article 277. Brigadier General Omar Torrijos Herrera, Commander in Chief of the National Guard, is recognized as Maximum Leader of the Panamanian Revolution. Consequently, and to ensure the fulfillment of the objectives of the revolutionary process, he is authorized to exercise the following powers for a period of six years: to coordinate all work of the public administration; to appoint and remove freely the Ministers of State and members of the Legislative Commis­sion; to appoint the Controller General and Deputy Controller General of the Republic, the General Directors of autonomous and semiautonomous entities, and the Magistrate of the Electoral Court to be appointed by the Executive, as provided in this Constitution and the law; to appoint the chiefs and officers of the Public Forces in accordance with this Constitution, the law and the Military Register; to appoint, with the approval of the Cabinet Council, the Magistrates of the Supreme Court of Justice, the Attorney General of the Republic, the Solicitor General, and their re­spective alternates; to approve the execution of contracts and the negotiation of loans; and to direct foreign relations.

In addition, General Omar Torrijos Herrera shall be empowered to attend meetings of the Cabinet Council and the National Legislative Council with voice and vote, and to participate with voice in the deliberations of the National Assembly of Municipal Representatives, the Provincial Coordinating Councils and the Commu­nity Boards.

Done in Panama City, October 11, 1972.


President: (s) ELIAS ARIEL CASTILLO G.

Vice-Presidents:

(s) ARSENIO TROTMAN
Bocas del Toro

(s) CESAR PARDO
Cocle

(s) ANASTASIA MITRE DE DELGADO
Colon

(s) JUVENCIO VALDES
Chiriqui

(s) JULIO C. QUINTANA R.
Darien

(s) JOSE OCTAVIO HUERTAS Jr.
Herrera

(s) ITURBIDE GONZALEZ
Los Santos

(s) NORBERTO DOMINGUEZ
Panama

(s) JAVIER HERRERA
Veraguas

(s) ARCADIO MARTINEZ
San Blas

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