Editing Constitution of the Republic of Panama, 1972

<u>Article l08.</u> Communities have the duty and right to participate in the plan­ning, execution and evaluation of health programs.

<u>Article ll0.</u> 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.

<u>Article ll3.</u> 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.

<u>Article ll4.</u> 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.

<u>Article ll5.</u> To fulfill the objectives of the agrarian policy, the State shall carry out the following activities:

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 citizen-

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 uni­ versal, 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  correspond­ ing 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 de­ termine  and regulate  such supervision and contributions, ensuring  equality of ex­ penditures  of  all parties  and  candidates.

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 Assem­ bly 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  ap­ pointing 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  func­ tions,  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 pre­ scribed 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 suf­ frage,  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 provi­ sions  of  the third paragraph  of  Article  126 of  this  Constitution.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3. Revocation of mandate.

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 ap­ pointment 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 respon­ sible 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 pre­ scribed by law, which shall be paid from the National Treasury.

Article 139.   The law shall specify the contracts which Municipal Represent­ atives  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 modifica­ tions, or disapprove the amendments to the Constitution submitted to it by the   Na­ tional  Legislative Council.

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 con­ sidered 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 confi­ dential  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 pro­ vides that they shall become effective on some other date.

Article  146.   The National Legislative Council shall be composed of the President and Vice-President  of the Republic,  the President of the National  Assem­ bly,  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 legis­ lation.

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

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 as sign 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

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 ap­ proval  or  rejection.

Article 150. Laws may be proposed by the m mbers of the National Legisla­ tive 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 ab­ solute 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 men<bers 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.

The  President  and Vice-President  of  the  Republic

Article 155.  The Executive 0 rgan is constituted by two citizens called the President of the Republic and the Vice-President of the Republic,  with the indispen­ sable 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 ac­ cordance 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 be­ fore God and the conntry to comply faithfully with the Constitution and the laws of the Republic. "

oath.

�A cit zen who has no religious beliefs rr.ay omit the invocation to God in the

Article 162. If for any reason the President or Vice-President of the Repub­ lic cannot take office before the National Assembly, he shall do so before the Su­ preme 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 tn 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 enforce­ ment, without deviating from the letter or spirit thereof;

6. To present to the National Assembly an annual report on the administra­ tive, 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  ac­ cordance 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

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 Repub­ lic, 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 P. ssembly 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 pre­ scribed 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 ac­ countable 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 dis­ qualification to hold public office for the period fixed by law.

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 Assem­ bly, 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 Presi­ dency; and

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

Article 174.   The Ministers of State are the highest officials  of  their  respec­ tive 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  rnay  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.

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 Magis­ trates 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 arbitra­ tion 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.

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 semi­

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.

The  Administration  of Justice Chapter  I

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 pern1anent members  each.

Article 186.   To be a Magistrate of the Supreme Court of Justice, the follow­ ing 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  func­ tions  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  chal­ lenged  on  grounds  of  illegality;  reestablish  the  particular  right  violated;

enact new provisions  to  replace  those  challenged;  and make  a prelin1inary 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

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  magis­ trates 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 Judi­ cial  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,  subordi­ nate judges  are obliged to abide by and comply with decisions issued by their supe­ rior 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 participa­ tion 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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 Presi­ dent within his jurisdiction. Each Governor shall have an alternate.

law.

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

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 Representa­ tives and other members  determined by the law regulating its organization and functioning.

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 essen­ tially administrative nature  of  local government.

Article 208.   The municipalities have the function of promoting the develop­ ment 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 mu­ nicipalities  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 na­ tional  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 Munic­ ipal 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 soap­

pointed  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 capac­ ity 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  resolu­ tions,  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 Munic­ ipal Representatives, and to appoint and remove other municipal employ­ ees 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 not­ withstanding the fact that they have such effect. On this basis, the law shall deter­ mine, 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 authoriza­ tion 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 concilation and such others as the law may prescribe.

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

Title X Public Finance

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

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 22 7.   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  obli­ gations 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.

 

 

 

Article 237.   When it is necessary to make an expenditure for which insuffi­ cient funds or no funds have been voted, a supplemental or extraordinary appropria­ tion 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.

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

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

The Controller General of  the Republic

Article 23 9.   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 Repub­ lic 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 addi­ tion 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  com­ petence 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;

 

 

 

 

 

 

 

 

 

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.

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 condi­ tions 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  sec­ tion; 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:

 

 

3. To coordinate services and the production of goods.

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 autono­ mous  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 develop­ ment of the sector or region.   These institutions may coordinate state and munici­ pal 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 accord­ ance 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.

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 sus­ pend 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 natural­ ized 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 ac­ cording 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, par­ ticipate in those companies which sell their own manufactured products.

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