CONSTITUTION OF THE REPUBLIC OF GUATEMALA
DECREED BY THE CONSTITUENT ASSEMBLY IN MARCH 11st, 1945
WE, THE LEGITIMATE REPRESENTATIVES OF THE SOVEREIGN PEOPLE OF GUATEMALA, Duly ELECTED AND GATHERED IN A CONSTITUENT ASSEMBLY BY THE POPULAR WILL, AFTER THE ASPIRATIONS HAVE BEEN INTERPRETED IN FREE AND WIDE DELIBERATION NATIONALS, WE DECREE AND SANCTION THE FOLLOWING
CONSTITUTION OF THE REPUBLIC
TITLE I General disposition
Article 1. Guatemala is a free, sovereign and independent Republic, organized with the primary purpose of ensuring its inhabitants the enjoyment of the freedom, culture, economic well-being and social justice. Its system of government is democratic - representative.
Article 2. Sovereignty resides in the people, who delegate its exercise in the Legislative, Executive and Judicial organisms, among which there are no subordination. The principle of alternation in the exercise of the office of President of the Republic is essential for the national political system, and the people may resort to rebellion when they dare to violate this principle.
Article 3. Guatemala is recognized as part of the Federation of the Center America, currently disintegrated. Maintain and cultivate fraternal relationships with the other States that comprised it, and will endeavor to ensure that restore, partially or totally and in a popular and democratic way, the Union Central American.
Article 4. The official language of the Republic is Spanish.
TITLE II Nationality and Citizenship
Article 5. Guatemalans are divided into natural and naturalized
Article 6. They are natural:
1.- Those born in the territory of the Republic, children of a father or mother Guatemalans, unidentified parents or parents whose nationality is unknown;
2.- Children of foreign parents, who are born in the territory of the Republic, if at birth or during their minority, either parent or, where appropriate, the minors themselves, have domicile in the country. The son of foreign passers-by, born in Guatemala, who, upon arriving at the of legal age, will have the right to choose and will opt for nationality Guatemalan. The children of diplomatic representatives and those of those who exercise legally comparable charges;
3.- The children of a natural Guatemalan father or mother, born outside the territory of the Republic, from the moment they establish domicile in Guatemala, and even without this condition, when according to the laws of the place of their birth does not correspond to foreign nationality or they have the right to choose and opt for the Guatemalan Opting for Guatemalan nationality implies resignation of any other nationality, a condition that must be expressly stated.
Article 7. Natural Guatemalans are also considered, since acquire domicile in Guatemala, to the original nationals of the other Republics that constituted the United Provinces of Central America, except that they expressly reserve their nationality; or when, without having acquired still domiciled in the country, express to the competent authority their desire to be Guatemalan. In both cases they retain their nationality of origin.
Article 8. They are naturalized: 1.- Foreigners who have obtained a letter of nature, in accordance with the law; 2.- Foreigners who, having domiciled and resided in the country the time established by law, obtain a letter of nature; 3.- Spaniards and Ibero-Americans by birth who reside in the country and express to the competent authority their desire to be Guatemalan; 4.- The foreign woman married to a Guatemalan, when opting for the Guatemalan nationality. People who naturalize must expressly renounce all other previous nationality. The State may revoke the granted naturalization, when consider convenient for the defense of its institutions.
Article 9. The following are citizens: 1.- Male Guatemalans over eighteen years of age; 2nd. - Guatemalan women over the age of eighteen who can read and to write. They are rights and duties inherent to citizenship: to choose, be elected and opt for public charges. Suffrage is mandatory and secret for citizens who can read and to write; optional and secret for women citizens; optional and public for illiterate citizens.
They are obliged to register in the Civic Registry, within the year in to obtain citizenship, all eighteen-year-old males who know read and write. For women and the illiterate, such registration is a right. Illiterates will be able to vote six months after having signed up. To register in the Civic Registry, those who know how to read and write must appear before the respective authority with their identity documents and sign the registration; illiterates, in addition to presenting documentation to referred to in the previous paragraph, they must be accompanied by two witnesses honorable citizens and neighbors of the place, who will guarantee the capacity civics of the appearing party and his desire to exercise the right to vote. No one can force a female citizen or an illiterate person to enroll in the Civic registry or to vote. Nor can any citizen be compelled to vote for a certain person. Officials, public employees and employers who violate any of the provisions contained in this paragraph, they will suffer corporal and pecuniary penalties. that determines the law and They will be suspended in their rights as citizens and disqualified for the exercise of public office, for the time that the same law indicates. Illiterates are eligible for municipal office only.
Article 10. He may not hold any position of the State, even when they have the quality of citizen, who does not meet the conditions of ability and honesty. A law determines what is related to this matter.
Article 11. Foreigners can be entrusted to the exercise of functions public that require the quality of citizen for their performance. In that In this case, those who assume them are naturalized and acquire citizenship Guatemalan.
Article 12. Guatemalan nationality is lost: 1.- By naturalization in a foreign country. The following exceptions are: a) naturalization in another Central American country; b) naturalization in Spain or in the country Ibero-American, in case of reciprocity, or when the law or the international deals; 2.- For the voluntary provision of services to States that are enemies of Guatemala or their allies in times of war, provided that such services involve treason; 3.- By residing, naturalized Guatemalans, five consecutive years in their country of origin, or because they have been absent from the Republic for a ten years; 4.- For denying, the naturalized, their status as Guatemalans in some public instrument, or for requesting or using a foreign passport; 5.- By revocation of the naturalization letter issued in accordance with the law.
Article 13. Guatemalan nationality is recovered: 1.- By entering the territory of the Republic in order to establish its domicile, in the case of naturalization obtained in a foreign country; and 2.- By government agreement, in the case stated in subsection 2 of the previous article. Said agreement may be issued until the term of the corresponding penalty and one more half. Naturalized citizens who lose Guatemalan nationality may regain it in no case.
Article 14. Citizenship is suspended: 1.- By prison order issued in case of crime to which it corresponds correctional facility and is not released on bail, except for crimes politicians; 2.- By final conviction, handed down in the event of a crime; 3.- By judicial interdiction; and 4.- In the other cases indicated in this Constitution.
Article 15. Suspension of citizenship ceases: 1.- By order of freedom that revokes the one of prison; 2.- Due to dismissal; 3. - By final judgment of acquittal; 4.- By serving the sentence, when rehabilitation is not necessary. 5.- By amnesty; and 6.- For rehabilitation.
Article 16. Citizenship is lost: 1.- Due to loss of nationality; 2.- For helping another country or a foreigner, against Guatemala, in any diplomatic claim, or before an international court; 3.- In other cases that. determines this Constitution.
Article 17. Citizenship is recovered: 1.- By residence in the territory of the Republic during the time that the fixed law, after regaining nationality; 2.- By governmental agreement in the case of subsection 2. from the previous article; and 3.- In accordance with the law in all other cases.
Article 18. The obligations of Guatemalans are: 1.- Serve and defend the homeland; 2.- Work for the civic, cultural, economic and social development of the country; 3.- Contribute to public expenses in the manner prescribed by law; 4.- Comply with and ensure that the Constitution of the Republic is complied with; 5.- Obey the laws and regulations; 6.- Respect the authorities.
Article 19. Foreigners, from the moment they enter the territory of the Republic, are strictly obliged to respect the authorities, pay taxes and comply with the laws, and acquire the right to be protected by them.
Article 20. Neither Guatemalans nor foreigners may, in any case, claim from the Government any compensation for damages that their persons or their goods cause in the factions.
TITLE III Individual and social guarantees
CHAPTER I INDIVIDUAL GUARANTEES
Article 21. Every person enjoys the guarantees established by this Constitution, without further restrictions. than those that she herself expresses. With equal except that any discrimination on the grounds of parentage, sex, race, color, class, religious beliefs or political ideas.
Article 22. It is the function of the State to preserve and improve the general conditions of the Nation, ensure the well-being of its inhabitants and increase wealth by creating and promoting credit and social security institutions.
Article 23. The State preferentially protects the existence human. The authorities of the Republic are instituted to keep the inhabitants in the enjoyment of their rights, which are primarily life, freedom, equality and security of person, honor and property. No person can be prevented from what is not prohibited by law.
Article 24. Officials are not owners but depositaries of the authority, subjects and never superior to the law and always responsible for its official conduct. In this regard, no state agency or official The public has more powers or authority than those expressly given to them. conferred by law. The civil liability of public officials and employees for Any transgression of the law, committed in the performance of their position, may be deducted at all times as long as the prescription has not been completed, whose term will be ten years. Criminal responsibility will be extinguished by the course of double time indicated by criminal law. In both cases, the term of the prescription will start to run from that the public official or employee has ceased to hold office during which he incurred liability. No public official or employee may be harassed or persecuted for the political, social or religious opinions of him. If the public official or employee, in the exercise of his office, violates his duties to the detriment of a third party, the State or the corporation whom he serves shall be subsidiarily liable for consequential damages.
The law determines everything else that refers to the responsibility of public officials or employees. The President of the Republic and the President of the Judicial Branch; the Ministers of Condition; Magistrates and Prosecutors of the Courts of Justice, Magistrates of the Contentious-Administrative and Court and Comptroller of Accounts; Governors; Judges of 1st. Instance; Income Administrators; Mayors; Municipal and Specific Treasurers, and all kinds of officials and employees public that are determined by law or that manage or administer State funds or of the Municipality, they must deposit a declaration of all their assets and debts so that, when they cease their functions and even during the exercise of them, any person can without incurring any responsibility deduct them Comparison of assets or assets charges.
Article 25. Everyone is free to enter, stay in the territory of the Republic and leave it, except for the limitations that the law set. No one can be forced to change their domicile or residence, except by mandate of judicial authority, in special cases and with the requirements that the law indicates. No Guatemalan can expatriate, be prohibited from entering in the territory of the Republic or be denied a passport or other documents of ID.
Article 26. Guatemala recognizes and provides the right of asylum to politically persecuted, provided they respect sovereignty and laws nationals. The extradition of prisoners of political crimes is prohibited. In no In the case, an attempt will be made to extradite the Guatemalans convicted of those crimes take refuge in foreign territory. No Guatemalan can be delivered to foreign government for the trial or punishment of him, but for common crimes serious laws included in existing treaties concluded on the basis of reciprocity. It is also prohibited to request extradition or access it, for crimes commons related to politicians. When the expulsion of a foreigner of the national territory, it will not be made to the State that pursues, if it is a question of political asylee.
Article 27. Any service that should not be provided free of charge by virtue of of law or judgment based on law, must be equitable or legally paid.
Article 28. Everyone can freely dispose of their property, provided that by doing so they do not contravene the law. The links, however, remain absolutely prohibited, as well as any institution in favor of dead hands, with the exception of foundations that are intended for establishments or purposes of charitable, artistic or scientific, which must be approved by the Government. The establishment of trusts is authorized whose term does not exceed twenty five years; in any case, they must be exercised by a Bank or institution authorized to do business in the Republic. This authorization does not extends in no way to religious or monastic congregations, or to priests or ministers of any cult or religion.
The term may be extended only when it comes to guaranteeing patients incurable or incapable.
Article 29. The profession of all religions is free, as well as the exercise of all cults, without any preeminence and within the temples; This right may not be extended until the execution of subversive acts or practices incompatible with peace and public order, nor does it exempt of civil, social and political obligations. Religious societies and groups or their members as such and the ministers of the cults, cannot intervene in politics or in questions related to the organization of work.
Article 30. The inhabitants of the Republic have the right to direct, individually or collectively, their petitions to the authority, which is obliged to resolve them in accordance with the law and without delay, and communicate the resolutions to the interested parties. The armed force cannot deliberate or exercise the rights of petition and suffrage.
Article 31. The right to assemble peacefully and no weapons. The law regulates the right of assembly in the open air and that of manifestation. The religious manifestations outside the temples are permitted and governed by the respective law.
Article 32. The right of association is guaranteed for the different purposes of human life, in accordance with the law. The establishment of conventual congregations and all kinds of institutions or associations monastic, as well as the formation and operation of organizations policies of an international or foreign nature. They are not included in this prohibition, organizations that advocate the Central American Union or the Pan-American doctrines or continental solidarity.
Article 33. Guatemalans have the right to organize in political parties, which must be registered in accordance with what is determined by the Electoral Law. The Electoral Law must conform to the principle that in the elections of collegiate bodies, estimable minorities, according to the technical system that is adopted, they will enjoy the right of representation.
Article 34. Any act which prevents or limits the citizen participate in the political life of the Nation or exercise their rights citizens, except for the restrictions established by this Constitution.
Article 35. The correspondence of every person and their papers and books private, they are inviolable. Those who are abducted will not have faith in judgment. Alone may be occupied or reviewed by virtue of the order of a competent judge and with legal formalities.
The competent officials of the Treasury may also, by written order, arrange for the review of private papers and books that relate to the payment of fiscal taxes. In any case, the occupation or revision must be practiced in the presence of the interested party, his representative or one of his relatives, and, in his absence, before two witnesses, neighbors of the place and of recognized honorability.
Article 36. The emission of the thought is free by any media without prior censorship. Whoever abuses is responsible before the law of this right, disrespecting private life or morals. Not They constitute a crime of slander or insult, the denunciations or attacks against civil servants and public employees in exercise of their positions, for acts purely official. Those who believe they are offended will have the right to publication of its defenses and rectifications; they may also require that a court of honor, integrated in the manner determined by law, declare whether the publication was libelous or libelous. They cannot be part of said court public officials or employees. The typographic workshops and the radio stations, as well as the other means of emission of thought and their respective machinery and equipment, they cannot be confiscated or forfeited; neither can they be closed or interrupted their work, due to crime or lack of issuance of the thought. A jury will hear the crimes or misdemeanors referred to in this article, and a special will determine everything else related to this right. Broadcasting, within the same guarantees and standards set forth herein, It will also be governed by a special law.
Article 37. The home is inviolable. No one can enter it without permission of the owner, except by written order of a competent judge and never after eight o'clock nor before six o'clock. The law determines the formalities and exceptional cases in which the break-in. The registration of documents and effects must always be practiced in presence of the interested party, his representative or a person of his family, and, failing that, before two witnesses, neighbors of the place and recognized honorability.
Article 38. All Guatemalans, without distinction of sex, are admissible to public jobs and positions according to their merit and ability, except the incompatibilities that the laws indicate and the limitations that this Constitution establishes.
Article 39. Obedience in civil or military matters regarding orders that affect civilians, is limited by the manifest illegality of the mandate. The custodian who makes use of weapons against a detainee or prisoner who attempts to escape, will necessarily be indicted and responsible under the law, of the crime that he has committed.
Article 40. The inhabitants of the Republic have free access to the courts to exercise their actions in the manner prescribed by law. The foreigners may not occur through diplomatic channels except in the case of refusal of justice, not being understood as denial of justice that a ruling enforceable is not favorable to the claimant.
Article 41. No one can be compelled to testify in a criminal case against himself, against his spouse or his relatives within the fourth degree of consanguinity or second of affinity.
Article 42. The defense of the person and their rights of him, and none can be tried by courts that have not been previously created by law.
Article 43. No one can be arrested or imprisoned except for a crime, Judicial failure or constraint and by means of a written order from a competent authority issued in accordance with the law, except in the case of a fugitive or a red-handed crime, cases in which the prior order will not be necessary; but detainees must be placed without delay at the disposal of the judicial authority and in provisional detention centers.
For simple misdemeanors or violations of police regulations, do not Persons whose identity can be established by means of the documents they present or the testimony of a known or duly identified person.
In such cases, the authority or its agents must limit their role to preventing the offender from appearing before the competent judge within a term of twenty-four working hours. The law will prescribe the sanctions they incur and the way to proceed against those who do not obey this prevention.
Imprisonment for debts cannot be ordered, except in the case of benefit maintenance to minor children, helpless parents, spouse or siblings incapable, when the obligor has economic possibilities and refuses to fulfill such duty or, to evade its fulfillment, transfer its assets in favor of third parties.
Article 44. No one may be held incommunicado for more than forty-five eight hours. If this precept is violated, the authority that gives the order and the head of the prison or the employees who execute or have it executed, will be dismissed of their charges and punished with the penalties established by law.
Article 45. Prisons are centers whose purpose is to ensure prisoners and promote their reform, not mistreat them or subject them to restrictions unnecessary for such security. In no case may torture be inflicted on them,harassment, annoyances or any other form of coercion, or be madevictims of illegal exactions. If this precept is violated, the authority thatgive the order and the head of the prison or the employees who carry it out or make execute, they will be removed from their positions and permanently disqualified for the performance of any public employment; will also suffer the punishment corresponding and will be responsible for the payment of the respective compensation. The places destined to the detention and the execution of sentences, are institutions of a civil nature and are subordinate to the courts of justice.
The prison will be kept only in the establishments designated for that effect.
Minors should not be confined in places intended for the elderly,but in reformatories, under the supervision and care of suitable people who attend to their comprehensive education and medical treatment to achieve their promptreintegration into society. - The detention order must be given by the respective court. Everything related to the delinquency of minors, will be subject of special law.
Article 46. All detainees must be questioned within forty-eight hours; At the time of his investigation, he will be informed of the cause of his arrest, the person who accuses him in his case and everything necessary so that he knows the punishable act attributed to him. He will cease, from that moment, incommunicado and already in such diligence he will be able to provide himself as a defender. The detention cannot exceed five days; within this term the arrest warrant must be issued or the release of the warned person ordered.
Article 47. The prison order cannot be issued without precedent summary information of a crime having been committed and sufficient reason is present according to the law to believe that the detained person is a criminal.
Article 48. In the summons issued by any authority, public official or employee, the object of the appearance.
Article 49. Actions or omissions that are not classified as crimes or misdemeanors and punished by law prior to its perpetration. Criminal laws will have retroactive effect, when they are favorable to the offender. The other laws are not retroactive, except for reasons of public order and social utility, or national need, indicated expressly in the law with the affirmative vote of two thirds of the total number of deputies that make up the Congress.
Article 50. The legal, governmental or any other provisions order that regulate the exercise of the rights that this Constitution guarantees, they will be void ipso jure if they diminish, restrict or distort them. Will be also void ipso jure, the acts or contracts that violate the norms constitutional. Adequate resistance to the protection of rights is legitimate individual previously guaranteed. The action to prosecute the infractions to the principles of this Title, is public, and can be exercised, without guarantee or formality of any kind, for simple complaint. The enumeration of the rights guaranteed in this Title does not exclude the others that this Constitution establishes, nor others of an analogous nature or derived from the principle of sovereignty of the people, from the republican form and democratic government and the dignity of man.
Article 51. Everyone has the right to request protection in the cases and for the following purposes: a) To be maintained or restored in the enjoyment of the rights and guarantees that the Constitution establishes; b) So that, in specific cases, it is declared that a law, regulation or any provision of the authority, is not applicable. Every person illegally imprisoned, detained or restrained in any way in the enjoyment. from his individual liberty, or who suffers harassment even in his legal prison, has the right to request the immediate exhibition of him, either in order to have him restored in his freedom, he is exonerated from vexations, or the coercion of that he is subject. If the court decrees the freedom of the person illegally confined, she will be released in the same act and place. When like this requested or the judge or court deems it pertinent, the exhibition referred to in this subsection, it will be practiced in the place where the detainee is, vexed or coerced, without prior notice or notification of any kind to the parties.
Article 52. No one should be sentenced without being summoned, heard and defeated in judgment. The death penalty will only be applied after a judgment handed down in court by the Courts of the Republic, and for the crimes determined by law, committed by males of legal age. Against such judgments - which can never be based on proof of presumptions - all existing legal resources will always fit, including those of cassation and grace, except in cases of invasion of the territory, besieged square or city and mobilization due to war.
Article 53. All administrative acts are public, and the Citizens have the right to request to be informed of themselves at any time, except in the case of diplomatic affairs or military operations.
Article 54. The guarantees referred to in articles 25, 27, 31, 33, 34, 35, 36, 37, 43 and 48, may be restricted in accordance with the provisions of the Article 138 of this Constitution.
CHAPTER II Social guarantees
SECTION 1 Work
Article 55. Work is an individual's right and an obligation Social. Loitering is punishable.
Article 56. Capital and labor, as factors of production, they must be protected by the state.
Article 57. The State will use the resources that are within its reach. to provide occupation to all who lack it, and to ensure the economic conditions necessary for a dignified existence.
Article 58. The laws that regulate the relations between the capital and the work, will attend to the economic and social circumstances of the country, to the conditions and particular customs of each region and the characteristics and possibilities of various kinds of activities. Regarding the agricultural workers, the State will take into account the conditions and needs of those, the areas in which they work and other circumstances peculiar to this kind of work.
They are fundamental principles of the organization of work that must regulate these laws: 1. The regulation of individual and collective employment contracts, that will be mandatory for employers and workers. They will be null and void and will not bind the contracting parties, even if they express in an employment agreement or any other agreement, the stipulations that imply resignation, diminution or misrepresentation of any recognized right in favor of the worker in this Constitution or in the law. 2. The periodic setting of the minimum wage that workers of all classes should perceive, taking into account the possibilities of employers' companies and the needs of a material, moral and culture of the workers and their duties as heads of families. The worker or employee is entitled to a day off paid, for every six of work. Days off recognized by law, they will also be remunerated. When work under an agreement in days and overtime, these will be paid in the proportion established by law. The regulation will be made, in each zone, joint commissions chaired by a representative of the Condition. In piecework, by adjustment or task, it will be mandatory rationally calculate the minimum wage per working day. The minimum of all salary is unattachable, except for responsibilities food, in the manner established by law. Neither can seize the work instruments of the workers. No discount can be made in the worker's salary that is not authorized by law. The law will establish the preference of credits authorized in favor of workers, for salaries or wages earned in the last quarter. The Executive, in cases of national emergency, will be able to fix prices and wages. 3. The obligation to pay the worker the salary in currency of tender legal and not in vouchers, tokens, merchandise, or any kind; without However, in the case of food substances, the worker may of the field receive them as payment, up to thirty percent of their maximum salary, with the understanding that the employer will make the supply at cost price or less.
Article 59. Debts for employment contracts may not exceed the amount equivalent to the salary of the number of days stipulated by law. Any surplus of that sum that the worker receives cannot be required.
Article 60. In accidents and occupational diseases suffered workers on the occasion of their work or in exercise of them, or to consequence of their profession, employers will be responsible, except cases of manifest intention of the victim, force majeure unrelated to work, accidents occurred to workers who perform work at their home on behalf of the employer, and accident due to a proven state of intoxication of the victim. This responsibility will subsist even in the event that the employer contracts the work through an intermediary. Compensation corresponding degree will graduate in law, depending on what he has brought as consequence of death or some incapacity.
Article 61. The trade union associations must, before starting their activities, obtain authorization from the corresponding authority. The Registration determines the legal personality of the unions. The boards of directors and advisory bodies of these associations must be made up exclusively of natural Guatemalans. Foreigners are prohibited from intervening in related matters with workers' organizations.
Article 62. In order to enforce the legal precepts in social matters, the State will monitor and inspect the companies.
Article 63. Mandatory social insurance is established. The law will regulate its scope, extension and the way in which it should be put into effect. It shall include at least insurance against disability, old age, death, illness and accidents at work. To the payment of the insurance premium employers, workers and the State will contribute.
Article 64. Disputes related to work are subject to exclusive jurisdiction. The labor courts depend on the judicial body; the law determines their number and organization.
Article 65. The State shall promote the technical preparation of the workers and raising their economic and cultural level.
Article 66. The formation of cooperative companies has the support of the State and especially consumer cooperatives in the workplace. Mutualism is recognized as a principle and practice of social coexistence. The The State will promote agricultural and rural credit, give effective support to the activity agriculture and will protect the industrialization of agricultural products. I know It will also strive to keep workers in the fields.
Article 67. The construction of cheap housing and colonies for workers. The public administration will dictate measures to ensure that the dwellings of indigenous workers on rustic farms, form villages within the same property, in order for them to enjoy the benefits cultural and health facilities in urbanized centers.
Article 68. Obligatory official membership is established for the exercise of University professions, under the direction of the University. A law will provide what is related to this matter.
Article 69. The rights and benefits that this Section establishes, and its enumeration does not exclude others, derived from the high principles of social justice, which the law establishes.
Article 70. The law shall establish the Statute of the Public Employee, on the principle that public officials and employees are at the service of the Nation and not of any political party. The statute will determine especially the conditions of admission to the Administration; the promotion rules; the guarantees for permanence, cessation, suspension or transfer; homework of officials and employees; the appeals against the resolutions that affect them, and the forms of their association. The law will determine in which cases and conditions, the right to strike is recognized for public employees. Public officials and employees are entitled to benefits recognized workers in general, and their individual relationships with the State as employer, will be legislated in accordance with the provisions of the Labor Section of this Constitution, as applicable. No person may hold two or more jobs or positions at the same time. public remunerated, except the physicians who provide service in the hospitals and those who hold teaching positions.
Article 71. Public services and civil institutions may not militarize itself, except in cases of manifest national calamity or mobilization because of war, and only for the duration of the war.
SECTION III Family
Article 72. The family, motherhood and marriage have the protection of the State, who will also ensure, in a special way, the strict fulfillment of the obligations derived from them.
Article 73. Family assets are the subject of protective legislation special.
Article 74. The State shall promote the organization of the family on the legal basis of marriage, which rests on the absolute equality of rights for both spouses. The law determines the cases in which, for reasons of equity, the union between persons with legal capacity to marry, must be equated, for its stability and uniqueness, to civil marriage.
Article 75. Adoption is instituted for the benefit of minors age. The law regulates this matter.
Article 76. Legal inequalities between children are not recognized;everyone, including adoptees, has the same rights. The qualifications on the nature of filiation are abolished. No statement will be recorded differentiating the births, or on the marital status of the parents, in any act, statement or certification referring to filiation. The law determines how to investigate parentage.
Article 77. It is the responsibility of the State to ensure the physical, mental and morality of childhood, creating the necessary institutes and dependencies and suitable. Laws for the protection of children are of public order, and the official establishments destined for this purpose, have the character of social assistance and not charity.
Article 78. Poor parents with six or more minor children, They will receive special protection from the State. In the same circumstances of suitability, will enjoy preference for the performance of public office.
SECTION IV Culture
Article 79. The promotion and dissemination of culture, in all its manifestations, constitute a primary obligation of the State.
Article 80. It is the cardinal function of education to preserve and increase universal culture, promote ethnic betterment and increase the spiritual patrimony of the Nation. Education must simultaneously encompass the defense of bodily health, civic and moral training, instruction and initiation in practical activities. It is the responsibility of the magisterium to preserve and intensify the inborn dignity to the person of children and young people, and to the State, to dignify economic, socially and culturally to the teacher.
Article 81. There will be a minimum of common education, mandatory for all the inhabitants of the country, within age limits and in accordance with plans and programs established by the respective law. Education in official schools is secular, and the minimum teaching common to that referred to in the preceding paragraph, must also be taught free of charge. Private educational centers are subject to inspection by the Status and, for the legal validity of the studies they teach, they must obtain express authorization and fill in the official plans and programs. The training of education teachers is a preferential function of the Condition. No more degrees or diplomas of studies are officially recognized than those granted by the State and by the University of San Carlos de Guatemala, as well such as those obtained in foreign universities and schools by people who meet the incorporation requirements established by law, except as established in international deals. The degrees issued by Central American universities and schools, will have official validity in the Republic when the plans and programs of studies.
Article 82. The following are declared of Social utility: the national literacy campaign; the free minimum of common official education, agricultural, industrial, artistic and normal; the creation of training scholarships and cultural and technical specialization; the establishment of institutes pre-vocational and polytechnic, popular and school libraries, newspaper libraries and other cultural centers, and the increase in sport and physical culture. The State must make an effort to help Guatemalans economically needy, so that they have access to all degrees of teaching, attending only to vocation and aptitude. The owners of farms, factories and other larger companies are obliged to equip and support schools for the rural school population or worker of their properties, corresponding to the State the organization, appointment of personnel and inspection thereof.
Article 83. It is declared of national utility and interest, the development of a comprehensive policy for the economic, social and cultural improvement of the indigenous groups. For this purpose, laws, regulations and special provisions for indigenous groups, contemplating their needs, conditions, practices, uses and customs.
Article 84. The University of San Carlos de Guatemala is autonomous and it is governed in accordance with the respective law and its statutes. The state will help to ensure and increase the university heritage, and will record annually in the budget the item destined to the maintenance of the College.
Article 85. The State guarantees the freedom of teaching criteria.
Article 86. All the artistic, historical and religious wealth of the country, be it whoever its owner is, is part of the cultural treasure of the Nation and is under the safeguarding and protection of the State. Its export is prohibited and may be prevented from alienation or transformation when the interest so requires homeland. The State will organize a register of the artistic, historical and religious, will ensure its custody and attend to its perfect conservation. The The State must also protect the places and monuments notable for their natural beauty or recognized artistic or historical value.
Article 87. Popular arts and industries are elements of culture national and will enjoy special protection, tending to preserve their artistic authenticity and to improve its production and distribution.
TITLE IV Economic and tax regime
Article 88. The State will guide the national economy for the benefit of people, in order to assure each individual a dignified and profitable existence for the community.
It is the primary function of the State to promote agricultural activities and the industry in general, ensuring that the fruits of work benefit from preference to its producers and wealth reaches the largest number of inhabitants of the Republic.
Article 89. They are property of the Nation; 1. Those in the public domain; 2. The waters of the maritime zone that surrounds the coasts of the Republic, the banks of the lakes and navigable rivers; the rivers and navigable or floatable lakes; rivers of any kind that serve as a limit to the Republic and the waterfalls of industrial use, in the manner determined by law, the which will also establish the extension and conditions of the dominion over all these assets; 3. Those that constitute the patrimony of the State and the Municipality; 4. The maritime-terrestrial zone of the coasts of the Republic, in the extension set by law; 5. The atmosphere and stratosphere located over the national territory. Its transit and use are regulated by law and treaties international; 6. Tax and municipal income, original and legal public; 7. The subsoil of the Nation; hydrocarbon deposits and minerals, as well as all organic substances and inorganic as determined by law; and 8. All other assets existing in the national territory, which indicated by the laws, or that are not private property, individual or collective.
Article 90. The State recognizes the existence of private property and guarantees it as a social function, with no limitations other than those determined in the law, for reasons of necessity, public utility or national interest.
Article 91. Large estates are prohibited. The law qualifies them and It will record the necessary measures for their disappearance. The latifundios existing for no reason may be widened, and while achieving their redemption for the benefit of the community, will be subject to liens in the form determined by law. The State will ensure that the land is reincorporated into the national patrimony. Only Guatemalans referred to in article 6 of this Constitution, the companies whose members have that quality and the banks nationals, may be owners of real estate on the band of fifteen kilometers wide along borders and coastlines. Exceptions are urbanized areas within the indicated zones, in which foreigners may acquire property, with prior government authorization.
Article 92. Due to public utility or necessity or social interest legally proven, the expropriation of the property can be ordered private, after compensation. In the event of an invasion or attack on the national territory or serious disturbance of the internal order, it is not necessary that the compensation is prior. On the occasion of war, enemy property may be subject to intervention and if it is expropriated, the payment of the compensation for when the war is over. A law will determine the expropriation procedure. Due to political crime, property cannot be limited in any way. The confiscation of property is prohibited.
Article 93. The direct domain of the State over its assets is inalienable and imprescriptible. Property excesses are excepted In particular, the rights acquired for the purposes of the titling, and the assetsfurniture, rights and shares. The State may grant, under the conditions determined by law, the Useful control of their rustic properties in order for them to work on them, preferably to collectivities, and, failing that, to families, to companies not except those organized and in which the State participates Guatemalan individuals, or immigrants hired by the government. Due to necessity: or public utility, or social interest, and in cases As an exception, the State can alienate its urban assets or exchange small rustic lots to the extent specified by law.
Article 94. The State will provide collectives and cooperatives agricultural, technical instruction, administrative management, machinery and capital.
Article 95. Contracts to exploit minerals or deposits of hydrocarbons, may be held for a term that does not exceed fifty years, and those related to national waters, for a period not exceeding twenty five years. In both cases, congressional approval is required. Hydrocarbon deposits and their derivatives can only be exploited by the State, by Guatemalans, or by Guatemalan companies whose capital is predominantly national. Timber felling contracts must be put out to public tender and be granted preferentially to Guatemalan workers, who may not assign their rights without governmental authorization. The law will determine the form of extraction and exploitation of resins, gums and other similar products.
Article 96. The ejidal lands and those of communities determined by the law, are inalienable, imprescriptible, inexpropriate and indivisible. The state It will give them preferential support in order to organize their work in a cooperative, in accordance with the provisions of article 94, and must, likewise, provide land to communities that lack them.
Article 97. The freedom of industry, of commerce and of work in general, except for the limitations that, for economic, fiscal reasons or social, of national interest; impose the laws. The author or inventor has exclusive ownership of his work or invention for a period not to exceed fifteen years. The literary or artistic property it is governed by what the law and the treaties determine. The law will provide what is necessary for greater efficiency and stimulation of work and increased production.
Article 98. The Executive may only grant concessions for a term that does not exceed ten years, to those who introduce or establish industries new in the Republic; but not with the character of prohibitive industries analogous or similar. For the establishment of very useful public services that require the investment of large amounts of capital, the State may celebrate contracts and grant, in such case, concessions for a term no longer thanfifty years. The contracts and concessions referred to in this article they must be approved by Congress. A new concession in no case may modify the term and the other conditions stipulated in a concession above, even though the second is an extension of the first. Monopolies and privileges are prohibited.
Article 99. The State will prohibit the creation or limit the operation of companies that absorb or tend to absorb to the detriment of the economy national, the production of one or more industrial branches, or of a certain Comercial activity. A law will determine what is related to this matter.
Article 100. The establishment of cooperative production societies, as well as the legislation that organize and encourage.
Article 101. The form and conditions of the reversion, revision and renegotiation of concessions and administrative contracts, will be determined by the law.
Article 102. In any concession granted or contract entered into by the State or Municipality for the establishment of utility works and services public, the condition will be stipulated that those works or services after certain time that may not be more than fifty years, or at the expiration of the contract, will pass, in perfect state of service, to the domain of the State or Municipality, without any compensation.
TITLE V Legislative
CHAPTER I Congress
Article 103. Legislative power resides in the people, who delegate it to Congress through the electoral body.
Article 104. The Congress shall meet every year, without the need for call, the first of March and the first of September. The ordinary sessions days will last two months and may be extended to one more month in each period.
Article 105. It will meet extraordinarily when summoned by the Executive or the Permanent Commission, and in these cases it may only deal with those matters that have been the object of the call. However, since Congress is meeting in extraordinary sessions, it can, with the vote of two thirds of the total number of Deputies, expand the purpose of the announcement, including other matters that it deems convenient to know. Fifteen or more Deputies may request the President of the Republic or the Permanent Commission the convocation of the Congress, with sufficient reasons of public convenience or necessity.
Article 106. All Congress resolutions must be taken with the concurrence of the absolute majority of the members of which it is composed, except in cases where the law requires a special majority. However, the meeting of fifteen Deputies for the opening and closing of their sessions, to the qualification of credentials, and to dictate the measures leading to the those elected take office and that there is always a quorum in Congress.
Article 107. The Deputies, from the day of their election, will enjoy the following prerogatives: 1st. Personal immunity not to be charged or tried if Congress does not previously authorizes the prosecution, declaring that there is room for formation of cause; but in the case of infraganti crime, they may be apprehended; 2nd. Irresponsibility for all his opinions, for his parliamentary initiative and for the way of dealing with business in the performance of his position, Except in the case of maneuvers to violate the principle of alternation in the power. These prerogatives do not authorize arbitrariness or excesses of personal initiative of the representatives.
Article 108. The declaration referred to in paragraph 1 of the previous article, the accused are subject to the competent judge and, if they are decree provisional imprisonment, suspended in their legislative functions, not they may exercise but in the case of being acquitted. If they were condemned, the seats will be vacant and new elections will be ordered.
Article 109. If Congress is not in session, the Commission Permanent will declare whether or not there is room for the formation of a case against the Deputies.
Article 110. If any Deputy is apprehended infraganti, it will be promptly placed at the disposal of the Congress, and it is not in session, of the Permanent Commission.
Article 111. The Congress is made up of Deputies elected in accordance with the provisions of the Constitution and the Electoral Law. A representative for every fifty thousand inhabitants or fraction that exceeds twenty-five thousand. If any Department of the Republic cannot be represented in accordance with the previous rule, it will have the right, however, to elect a Deputy. The Deputies represent the people and not their electors; They cannot give or the Deputies accept an imperative mandate and required.
Article 112. To be elected Deputy, the quality of natural Guatemalan, to be in the exercise of the rights of a citizen, to be of the secular state and older than twenty-one years.
Article 113. The following cannot be Deputies: The officials and employees of the Executive, Judicial and Court and Comptroller of Accounts. Those who exercise functions are excepted teachers and doctors who provide services in hospitals; The contractors of works or public companies that are financed with State or Municipality funds, their guarantors and those who, as a result of such works or companies have pending claims of their own interest; 1. The relatives of the President of the Republic and those of the Head of the Armed Forces, within the fourth degree of consanguinity or second of affinity; 2. Those who have managed or raised public funds and not have obtained the proof of solvency; 3. Those who represent the interests of companies or individuals that exploit public services, or their lawyers; and, 4. The military on active duty. If any Deputy is included in any of the prohibitions contained in this article, his position will be considered vacant; but if he were from those included in the first paragraph, he may choose between continuing to perform his employment or the position of Deputy. The election of a Deputy who will fall on the person of the Governor, Revenue Administrator or Judge of First Instance, by the electoral district or Department in which they exercise their functions. The performance of missions is compatible with the position of Deputy temporary or special diplomatic missions and the representation of Guatemala in international congresses.
Article 114. The Deputies will last four years in the exercise of their functions, and may not be reelected for the following legislative period. The Congress will be renewed by half every two years.
CHAPTER II Powers and limitations of Congress
Article 115. The powers and limitations of Congress are: 1. Open and close ordinary and extraordinary sessions; 2. Make the vote count for the President of the Republic and proclaim popularly elected the citizen who has obtained absolute majority of votes; 3. Elect President between the two candidates who have obtained the greater number of votes, in the event that there is no election popular for lack of absolute majority of votes; 4. Receive the complaints of the law from the President of the Republic and give him possession; 5. To accept or not the resignation presented by the President of the Republic, who in such case must appear before Congress at ratify his resignation before two thirds, at least, of its members, gathered in the meeting room; 6. To grant or not permission to the President of the Republic so that he can leave the national territory or temporarily separate from the functions of his position; 7. To grant or not permission to the President of Congress or the Vice President to act as him, so that he can be absent from the National territory; 8. Appoint by absolute majority of the number of Deputies that make up Congress: President of the Judicial Organism, Magistrates of the Supreme Court of Justice and Contentious - Administrative, Magistrates and Prosecutors of the Court of Appeals, Attorney General of the Nation and his alternate, and any other members of the Courts of Justice or autonomous bodies, whose appointment corresponds to Congress; 9. Give possession of their positions to the members of the Judicial Body appointed by Congress, and remove them in cases of notorious misconduct, negligence or ineptitude duly proven in accordance with the law. Remove members for the same reasons of the Contentious-Administrative Court, and to all the others appointing congressional officials. 10. Accept or not the resignations of the members of the Judicial body and of all other officials appointed by Congress, and elect to the people who must replace them to complete the period constitutional by admission of resignation, removal or absolute lack of such officials; and, 11. Compulsory ignorance of the President of the Republic who, having finished his constitutional term, continues in the exercise of the position. In such case, the Chief of the Armed Forces will pass automatically to depend on Congress, who will declare in permanent session until the restoration of constitutional order.
For the purposes of this article, the Chief of the Armed Forces, by himself and on behalf of the Armed Forces, will provide, in the first sessions of March every year, an oath to obey Congress and to be faithful to the principle of alternation in the Presidency of the Republic.
Article 116. It is also the responsibility of Congress to declare if there is place or not formation of a case against the President of the Republic, Presidents of the Legislative and Judicial bodies, Ministers of State, Magistrates of the Supreme Court of Justice and Court of Accounts, Attorney General of the Nation, Chief of the Armed Forces and Deputies. All resolution to this respect must be taken by the vote of two thirds of the total number of Deputies of Congress.
Article 117. It corresponds to the Congress to declare the physical incapacity or of the President of the Republic for the exercise of the position, declaration which must be done by a vote of at least two thirds of the total number of Deputies, and previous answer of a commission of five doctors appointed by the University Council at the request of Congress.
Article 118. It is also the power and obligation of Congress to convene to elections for President of the Republic, in its last sessions of the year in which the presidential term ends, and with anticipation no less than four months to the expiration date of said period; so that Congress can with opportunity examine the election records and make the declaration that corresponds. If for any circumstance it is unable to convene the Congress, it will do so, Also in a compulsory way, the last Permanent Commission that has been named. In the case of article 135, if the person who temporarily exercises the Presidency of the Republic will not call elections for President within of the term established in said article, the Congress must make the convocation, and if it is not meeting, or for any circumstance it cannot comply with this mandate, it will be done by the last Permanent Commission appointed.
Article 119. They are also attributions of Congress, and limitations to which is subject: 1. Decree, interpret, reform and repeal the laws. No law can go against the provisions of the Constitution; 2. Modify or approve, before closing the first session ordinary, the draft budget presented by the Executive by through the Ministry of Finance. Modifications can be global, by section or by items; 3. Decree ordinary and extraordinary rates and taxes when the necessity demands it, determining the bases for its collection; 4. Approve or disapprove, annually, in whole or in part, the account detailed and justified that in the first fifteen days of the first regular period of sessions, presented by the Executive, of all the income and all expenditures of the Public Administration, during the previous fiscal year, expressing the balance of said account; 5. Hear, in the first period of its ordinary sessions, the report rendered by the Court and the Comptroller of Accounts; 6. Contract, convert and consolidate the public debt; to that end, the Congress in each case, will authorize the Executive so that it can negotiate loans domestically or abroad, or to carry out consolidation or conversion operations, on the basis of that have been previously approved. The Decree will indicate the amount of the operation to be carried out, the type or class of the same, its object, the maximum interest rate, and, where appropriate, the premium of reimbursement, the issue price of the securities, and any other conditions to be agreed. To guarantee payment in full or part of any public debt with the revenues of the Nation, will be It is necessary for Congress to decree it, indicating what income is affect and in what proportion. To be understood as approved or authorized any of the operations referred to in this subsection, the favorable vote of two thirds of the total will be necessary Deputies that make up the Congress; 7. Examine the claims against the public treasury, for credits not recognized, when they are not subject to contentious jurisdiction- administrative or judicial, and accepted as they may, designate funds for its amortization; 8. Establish the law, weight, type and denomination of the currency, as well as also the system of weights and measures; 9. Approve or disapprove before ratification, the treaties and conventions that the Executive has celebrated. For approval it requires the favorable vote of two thirds of the total number of Deputies that form the Congress. No treaty, convention, pact, or arrangement that affects the integrity, sovereignty or independence of the Republic, or that is contrary to the Constitution, except those that refer to total or partial restoration of the Federation of Central America. To submit to arbitration any questions related to the boundaries of the Nation, requires the favorable vote of two-thirds of the total number of Deputies that make up the Congress, the Decree having to express the bases of the arbitration and explain the matters that are the subject of the same. All arrangements for the passage of foreign armies through national territory, or the use of military bases in case of war, must be approved by the favorable vote of two thirds parts of the total number of Deputies that make up the Congress; 10. Decree public honors for great services rendered to the Nation, which in no case may be taxed to the President of the Republic in the period of his government, nor to any other official acting. After at least twenty-five years, if there has been deceased person, monuments may be decreed and erected to his memory of him; 11. Decree the adoption or substitution of the flag, emblem and national anthem; 12. Approve or disapprove by absolute majority of the total number of Deputies, precisely in the immediate sessions, the acts and contracts carried out by the Executive, in accordance with the 1st paragraph. of article 98 of this Constitution; 13. Approve or disapprove by a vote of two thirds of the total of deputies, the concessions and contracts referred to in the second paragraph of Article 98, as well as those that have led to carried out by the Executive in exercise of the authorization granted in accordance with paragraphs 6o. and 16th. of this article, and the contracts relating to minting money, issuing paper money, public services, colonization, immigration and irrigation; those that are held for the exploitation of hydrocarbon deposits and their derivatives, and others referred to in the first two paragraphs of Article 95. The contracts and concessions mentioned in this subsection and in the previous one, They may not enter into force without the prior approval of Congress; 14. Declare war and approve or disapprove of peace treaties; 15. Decree amnesty, when required by public convenience; 16. Authorize the Executive to enter into contracts that involve investments not budgeted or that do not correspond to their own administrative functions, and should be indicated in the first case the funds that will serve to cover them. This authorization must be decreed by two thirds of the total number of Deputies that make up the Congress; 17. Confer or not the degrees of Brigadier General or Division, of in accordance with the provisions of article 159 of this Constitution; 18. Other attributions and limitations indicated in this Constitution.
Article 120. It also corresponds to Congress: 1. Elect, at the opening of the first regular session, the President, Vice Presidents, Secretaries and other officials who make up the Board of Directors, in accordance with the Internal Regulations. The President and Vice Presidents must be Guatemalans of the included in article 6 of this Constitution; 2. Qualify the elections of their respective members, and approve or disapprove their credentials; 3. To admit or not the resignations presented by the Deputies, and order that new elections be held to fill the vacancies that occur for this or another reason; 4. Form and decree the regulations of its internal regime; and, 5. Make the absent Deputies attend and correct the faults or omissions of those present.
CHAPTER III Formation and enactment of the law
Article 121. They have the right of initiative in the formation of the laws, the Deputies and the Executive, through the Minister to whose office the subject of the project corresponds. In matters within its competence, it will have initiative of the Supreme Court of Justice.
Article 122. The power to legislate that corresponds to Congress is not delegable.
Article 123. Once a bill has been presented and admitted, it will be discussion in three different sessions, held on different days, and may not be voted on until it is considered sufficiently discussed in the third session. Exceptions are those cases that Congress declares of national urgency, with the vote of two thirds of the total number of Deputies. In all other rituals and procedures, what is prescribed by the Internal Regulations.
Article 124. Once a bill has been approved, it will pass to the Executive for its sanction and enactment. Within ten days of receipt of the project, and After an agreement reached by the Council of Ministers, the President may return it to Congress with the observations it deems appropriate. Congress may reconsider the bill, or leave it for the sessions of the period following if the observations made by the Executive are not accepted. On In the latter case, if Congress ratifies the bill with the vote of the two third parts of the Deputies that comprise it, the Executive must sanction and enact the law.
Article 125. If the Executive does not return the bill, after of the term of ten days counted from its shipment, it will be considered sanctioned and It must be promulgated into law, within the following eight days. In case of that Congress close its sessions before the end of ten days in which the return can be made, the Executive must send the project, within the first eight days of ordinary sessions of the next period.
Article 126. The provisions of Congress regarding its internal regime, the qualification of elections and resignation of the elected, to the declaration of having or not place to formation of case against public officials, expressed in articles 107 and 116 and to the other provisions set forth in articles 115 and 120.
CHAPTER IV Standing Commission
Article 127. Congress, before closing each session ordinary, will appoint the Permanent Commission, composed of nine members, to function during its recess. Of these, eight will be elected and the President of Congress will integrate and preside over it. In the cases of lack of the owners, three alternates will be chosen.
Article 128. The Permanent Commission will meet when summoned by the presiding officer, or when so agreed by the majority of its members. The powers of the Permanent Commission are: a) Declare whether or not there is place for the formation of a case against, officials referred to in articles 107 and 116, with the exception of the President of Congress, President of the Republic and President of the Judicial body, with respect to whom only Congress may make said declaration; b) To process the matters that have been pending in the Congress; c) To summon the Congress to extraordinary sessions, when the national interests demand and the two-thirds agree parts of the members of the Commission; d) Present a detailed report to Congress on the work that leads to cape; e) Call elections during the recess, to fill the vacancies that occur due to the death of a Deputy or acceptance of public positions with which there is incompatibility; and, f) The others that the Constitution expressly indicates.
TITLE VI Executive
CHAPTER I President of the Republic
Article 129. The executive functions of the State are deposited, for their exercise, in a citizen with the title of President of the Republic, who He will act with the Ministers of him individually or in Council.
Article 130. To be elected President it is required: a) Be Guatemalan of those included in article 6 of the Constitution; b) Be over thirty-five years of age. b) Being in enjoyment of the rights of citizens; and, c) Being from the secular state.
Article 131. They may not be elected to the office of President of the Republic: a) The caudillo, none of the leaders of a coup, of revolution armed or any similar movement, nor his relatives within the fourth degree of consanguinity or second of affinity, for the period in which the constitutional regime is interrupted and the next; b) Anyone who has been Minister of State, or had a high military command in the de facto Government that has altered the constitutional regime, and his relatives within the fourth degree of consanguinity or second of affinity, for the periods referred to in the previous paragraph; c) The person who will exercise the Presidency when the election is made to said position, or who has held it in the previous year or part of it; d) Relatives within the fourth degree of consanguinity or second affinity of the President, the person in charge of the Presidency and the Chief of the Armed Forces; e) The Ministers of State and Secretaries of the Presidency who held the position when the election was made, or who have held it in the previous six months, or part of them; f) Members of the Armed Forces on active duty, or who have been in the six months prior to Election Day, or part of they.
Article 132. The presidential term is six years, non-extendable, and the who has exercised the Presidency may not be reelected, but after twelve years of having ceased to exercise it.
Article 133. The author or authors of the proposal that stores in any way to violate the principle of alternation in the Presidency of the Republic, and any person, official or employee who directly or indirectly cooperates with to this end, whatever the reasons invoked and the means used. employ, will incur the crime of treason, will cease to perform of their respective positions, if applicable, will be permanently disqualified from the exercise of any public function and will also lose automatically, all its grades. Responsibility for acts that violate, restrict or tend to violate or restrict the principle of alternation in the office of President of the Republic.
Article 134. Publicly before Congress, the President, when taking possession of the position of him, will make the solemn swear that follows: "I swear to carry out the office of President with loyalty; observe and make sure observe the Constitution; and I promise, on my honor, the unrestricted fulfillment of the principle of alternation in the exercise of the Presidency of the Republic ".
Article 135. In the event of the absolute absence of the President of the Republic, the President of the Congress shall take office immediately and, failing that, of this, or if it does not meet the qualities that this Constitution requires, the Vice-presidents of the same, in their order. If the Vice Presidents of Congress do not fill the qualifications or have the constitutional impediments to the exercise of the Presidency of the Republic, the President of the Judicial Branch will take office. The successor must, within eight days of the absence absolute, call for elections, which will be held within a period of time not less than two months nor more than four counted from the date of the announcement. Once the election has been carried out, the Congress will, within twenty days, Declaration referred to in paragraph 2 of article 115 and the elected citizen will immediately take possession of the position, calculating his period from the the fifteenth of March following. The interim successor, will automatically cease in the functions that He worked within the Legislative or Judicial bodies, at the time that he provisionally assume the Presidency of the Republic.
Article 136. In case of temporary absence of the President of the Republic, the same order of succession established in the previous article will be observed.
Article 137. It corresponds to the President of the Republic: 1. Comply with and enforce the Constitution and the laws of the Republic. 2. Sanction and promulgate laws, execute them and make them run; dictate the regulations, agreements and orders for the due compliance with them, without altering their spirit, and the decrees whose issuance is expressly empowered by this Constitution. 3. Provide for the defense of the national territory and the conservation of the public order. 4. To summon the Congress to extraordinary sessions. 5. Present annually to Congress, through the Minister of Finance, the draft budget. 6. Submit to Congress for approval, before ratification, the treaties it has entered into. 7. Participate in the formation of laws, presenting projects to the Congress through the Ministers, and exercising the right to veto, except in cases where the provisions of Congress do not need sanction from the Executive, in accordance with this Constitution. 8. Provide the necessary aid for strict compliance and immediate execution of the decisions of the Courts of Justice. 9. Commute the penalty that is greater in the penalty scale, by the immediately inferior one, and grant pardons in political crimes and related commons. 10. Appoint and remove the Ministers of State. 11. Appoint and remove, for the performance of other positions instituted by law, officials and employees corresponding, whose designation is not attributed to other authorities. 12. Appoint and remove the diplomatic representatives and the Consular Corps officials. The Representatives, the Consul Generals and those of Career, must be Guatemalan natural. 13. Receive diplomatic representatives and issue and withdraw the exequatur to the patents of the Consuls. 14. Direct, develop, inspect and intensify education public; combat illiteracy and promote the dissemination and improvement of agricultural, industrial and technical instruction in general. 15. Create and maintain appropriate institutions or dependencies focus their attention on indigenous issues, and effectively guarantee the use of the services of the Government in favor of solving those problems. 16. Watch over the conservation and development of natural resources of the Nation. 17. Administer the Public Treasury, in accordance with the law. 18. Exercise, in accordance with the law, the surveillance and control of the banks of issuance and other credit establishments. 19. Exercise inspection and surveillance over useful institutions common, so that their income is conserved and duly applied. 20. Grant retirements, pensions and montepíos, in accordance with with the law. 21. Confer decorations to Guatemalans and foreigners, for "Agreement taken in the Council of Ministers. 22. Ensure the sanitation of the territory of the Republic, putting special attention in endemic and epidemic diseases, and improving the hygienic conditions of rural housing and urban. 23. Exonerate the fines incurred by taxpayers for not cover taxes within the legal terms, or by acts or omissions in the administrative order. 24. Present annually to Congress, in its first sessions of March, written report on the course and status of the business of the Public Administration, in the previous year. 25. The other attributions indicated by this Constitution and the properly administrative that the law determines.
Article 138. In case of invasion of the national territory, disturbance grave of peace, epidemic or any other general calamity, the President of the Republic, in agreement with the Council of Ministers, and by By means of a decree, it may restrict the exercise of the aforementioned guarantees in article 54 of this Constitution. The decree will specify: 1. The reasons that justify it; 2. The guarantee or guarantees that are restricted; 3. The territory affected by the restriction; and, 4. How long it will last. In addition, Congress will be summoned in the same decree so that, within a period of three days, it becomes aware of said law, ratifies it, modifies it or fails to do so.
In the event that it is in a meeting, he will immediately know of the decree. The restriction of guarantees may not exceed a period of thirty days for each time it is decreed. If before the term indicated by the restriction, the causes that motivated the decree have disappeared, it will be made to cease its effects, and in such case every citizen has the right to urge its revision. Once the thirty-day period has expired, the guarantees are automatically restored, unless a new restriction decree has been issued. The restriction of guarantees will in no way affect the functioning of the State organisms, whose members will enjoy always of the immunities and prerogatives recognized by law. During the restriction, the Public Order Law will govern for the territory to which it applies.
Article 139. The President of the Republic is responsible for his acts before Congress, in the cases and in the manner determined by the Law of Responsibilities.
CHAPTER II Ministers of State
Article 140. To be a Minister of State it is required: a) Be Guatemalan of those included in article 6 of the Constitution; b) Being in the enjoyment of the rights of citizens, c) Be over thirty years of age and of the secular state. They cannot be Ministers: the relatives of the President of the Republic, of the President or Vice-Presidents of Congress or the Chief of the Armed Forces, within the fourth degree of consanguinity or second degree of affinity; those who have administered or collected public funds, while not have proof of solvency of their accounts; construction contractors and public companies that are financed with funds from the State or the municipality, their guarantors and those who, as a result of such works or companies, have Pending self-interest claims. The Ministers may not exercise powers of companies of any class or represent interests of the same; neither can they exercise mandates of people or companies contracting public works or services.
Article 141. Each Minister will have one or more undersecretaries, who they will substitute, by order of him, in cases of absence or temporary absence.
Article 142. The President of the Republic convenes and presides over the Minister council. All resolutions of the Council will be taken by majority and, in the event of a tie, the President has a double vote. The Council will meet, at the initiative of the President, to take a resolution in all matters that it deems of national importance, and to hear cases that state the law.
Article 143. The Ministers in their respective branch will endorse the signature of the President of the Republic in all the provisions agreed upon by said official, without which they will not be valid and, therefore, will not produce legal effect. The responsibility of the Ministers is in solidarity with that of the President for all acts authorized by his signature.
Article 144. The Ministers must present annually to Congress, in the first ten days of March, a memory of the work carried out in their respective offices.
Article 145. The Ministers may appear before Congress with powers to take part in the debates, but without vote. They have the obligation to appear in Congress to answer the questions that are formulated by any act of government, except those that refer to diplomatic affairs or pending military operations. The interpellation may give rise to a vote of lack of confidence, which must be requested by fifteen Deputies, at least.
Article 146. When Congress issues a vote of lack of confidence in a Minister, he will resign; but if he judges, in agreement with the President and in Council of Ministers, that public opinion supports his management, may appeal to the Congress within a term of eight days, and in such case the ratification of the vote lack of confidence will require the approval of two thirds as minimum, of the deputies that integrate the Congress. Ratified the vote, the Minister shall resign. The same will proceed in the event that the vote of fault of confidence refers to several Ministers, whose number does not exceed three.
Article 147. In the case of a vote of lack of confidence in one or more of the its members, the Council of Ministers may make common cause with the former or those, proceeding then the provisions of the previous article.
Article 148. The power to deny trust to one or more of the Ministers, it can only be exercised after six months of their appointment; and in no case may it be raised within the last six months of the presidential term.
CHAPTER III Armed Forces
Article 149. The National Armed Forces is established to defend the territorial integrity of the Nation, maintain compliance with the Constitution and the principle of alternation in the Presidency of the Republic. It is apolitical, essentially professional, obedient and non-deliberative. It is organized as institution that guarantees order and internal and external security, and is in a all subject to military laws and regulations. May be called by the Executive to cooperate in communications, reforestation and increase works of agricultural production.
Article 150. All Guatemalans are obliged to pay military service, in accordance with the law.
Article 151. The President of the Republic is the Commander-in-Chief of the Armed Forces, and will issue his orders through the Minister of National Defense and the Chief of the Armed Forces.
Article 152. The Chief of the Armed Forces will be designated by the Congress, at the proposal of the Supreme Council of National Defense. He will last in his functions for six years and may be removed by Congress if he is I will declare that it is necessary to form a cause, or in the cases and forms determined in the Constitutional Law of the Armed Forces.
Article 153. He may not be appointed Chief of the Armed Forces. no relative within the fourth degree of consanguinity or second of affinity of the President of the Republic, the President of Congress or the Minister of National Defense.
Article 154. Upon taking office of him and annually in the first ordinary sessions of Congress, the Chief of the Armed Forces, himself and on behalf of the Armed Forces, he will solemnly lend before the Congress the following oath: "We swear: That the Armed Forces of the Republic will never be an instrument of arbitrariness or oppression, and that none of its members will follow orders that involve the commission of a crime; That we will defend territorial integrity, the Constitution of the Republic and the rights and freedoms of the people; That we will guarantee the empire of democracy on our soil, and We will fulfill our military duties with loyalty and a spirit of sacrifice; That we will defend the principles of free suffrage and non-reelection, as well such as duly issued laws and political and social institutions of the country; and That we will maintain the Armed 6 as a professional, dignified and absolutely apolitical "; and the oath referred to in subsection 11 of article 115.
Article 155. The organization, technical direction, administration and supply of the National Armed Forces, will be exclusively in charge of the Chief of the Armed Forces and of the Minister of National Defense.
Article 156. The Supreme Council of National Defense is an organ consultation, responsible for resolving issues related to the operation of the Armed Forces, and will act as the Superior Court of the Armed Forces to judge and deal with matters for which it was summoned by the President of the Republic, the Minister of National Defense, or the Chief of the Armed Forces. Any member of the Armed Forces may request its convocation in accordance with the provisions of the Constitutional Law of the Armed Forces. It is made up of the Chief of the Armed Forces, the Minister of National Defense, the Chief of the Armed Forces Staff, the Heads of Zones or Military Corps and the number of military personnel provided by the correspondent constitutive law . The Council in no case may be composed of less of fifteen members and their decisions must be made in the manner that the Constitutional Law of the Armed Forces provides. The members, who must integrate this Court and are not specifically mentioned, will be appointed by secret ballot of all the chiefs and officers of discharge in the forces permanent.
Article 157. Military appointments will be made by, the Chief of the Armed Forces, through the Ministry of National Defense. When the appointment falls to a person who is incapacitated according to With the Constitutive Law of the Armed Forces, the Superior Council of Defense may demand its immediate cancellation. Appointments of the administrative order will be made by the Minister of National Defense, and those of the State, Major Presidential, directly by the President of the Republic.
Article 158. Promotions from Second Lieutenant to Colonel, inclusive, will be granted by the President of the Republic, at the proposal of the Head of the Armed Forces, through the Ministry of National Defense and with approval of the Superior Council, based on competence and when there is vacant.
Article 159. Promotions to General will be made by Congress on a proposal of the President of the Republic and the Chief of the Armed Forces, through of the Ministry of National Defense and with the approval of the Superior Council of the defense. There will be no more than five Division Generals or ten Generals of Brigade in peacetime. To be promoted to Brigadier General, they need at least twenty years of military service and twenty-five for the promotion to Major General. Only in case of effective merits in the campaign, The time specified by law for any promotion may be dispensed with.
Article 160. In case of. absence or temporary absence of the Head of the Armed Forces, the Minister of the National Defense, and in the event of a permanent absence or absence, the Superior Council of the Defense will propose to Congress, within eight days following the the lack or absence, the shortlist of candidates for his appointment. During that The post will be held by the Minister of National Defense and, failing that, of the latter, due to impossibility in either case, the Head of State Major of the Armed Forces.
Article 161. To comply with the provisions of this Chapter, the Council Superior of the National Defense will present to the Congress, every six years and in the first days of the month of March, the shortlist of candidates for reference article 152.
TITLE VII Justice
Article 162. The Courts of the Republic are in charge of the exercise of judicial functions with absolute exclusivity. Their performances are public, except when morality or interest collective require the reservation. The administration of justice is free.
Article 163. The judicial officials elected by Congress will last four years in the exercise of their positions, and they can be reelected. Their removal can only be agreed in cases of crime, notorious bad manifest behavior or disability The salaries that the judicial officials and subordinate employees set by the general budget of the Nation, they will be paid by the Judicial Treasury, agency that will also cover the costs of the courts. The National Treasury must inform the Judicial Treasury each month, with sufficient anticipation, the twelfth part of the budget that corresponds to the Justice administration.
Article 164. The Courts of the Republic make up: Ordinary jurisdiction:
- The Supreme Court of Justice, which, when the public interest requires it,
may have more than one Chamber or a number of Magistrates that exceeds the necessary to pass sentence. The President of the Judicial body is also of the Supreme Court of Justice, and as well as the Members, he is appointed by Congress, who may also remove them;
- The Court of Appeals, made up of Chambers whose number and seat set the
law. The President, Members and Prosecutors of the Appeals Chambers are appointed and removed by Congress;
- The Judges of First Instance and Junior Judges, whose
appointment, removal and transfer corresponds to the Supreme Court of Justice;
- Municipal officials will act as minor Judges in the
cases established by law. Exclusive jurisdiction:
- The Court of Amparo, which will hear cases of violation of the
constitutional guarantees and is organized according to the respective law;
- The Contentious-Administrative Court, with powers to
know in case of dispute originated by resolutions or acts purely administrative. Its members are appointed one by Congress, the other by the Supreme Court of Justice and the third by the President of the Republic. On the alternates are appointed in the same way. Against the judgments of the Contentious- Administrative, there is a cassation appeal;
- The Court of Jurisdiction Conflicts, which will decide those that arise between the Contentious-Administrative Court and the Public Administration,
between the former and the ordinary jurisdiction or between the latter and the Public Administration. Its members will be appointed in the same way as that indicated in the previous paragraph;
- The Military Courts, regarding the crimes and misdemeanors of the personnel of the
Armed Forces. The privilege of war is only enjoyed by individuals on active duty who they belong to the Armed Forces, and exclusively in matters of a military nature. The Military Courts cannot, in any case, extend their jurisdiction over persons belonging to the Armed Forces who are not on active duty. His organization and functions will conform to the Military Code. Against sentences final decisions issued by these Courts, the appeal is possible, except in cases of invasion of the besieged territory, square or city or mobilization of the Armed Forces because of war or revolution. The common courts will know exclusively of judicial matters that refer to those who are not directly involved in the services of the Armed Forces, whatever the nature the punishable act in question;
- The special Courts created by law, whose Judges of First
instance and minors, will be appointed by the Supreme Court, which will exercise, with respect to them, the power of removal and transfer that corresponds to others Judges When circumstances make it necessary, they may be created, within the Court of Appeals, one or more Chambers that know in degree, of the resolutions of the special courts.
Article 165. A law organizes the Public Ministry.
Article 166. Magistrates and Judges must be Guatemalan natural, secular state and be in the enjoyment of citizen rights. The that exercise ordinary jurisdiction, as well as the members of the Courts of Amparo, of the Contentious-Administrative and of Jurisdiction Conflicts, must also be lawyers. This quality is not necessary for junior judges. The President of the Supreme Court of Justice must be a Guatemalan of the included in Article 6 of the Constitution, and, like the Magistrates of said Court, over thirty-five years of age and having served four years of magistracy or prosecution and in the Court of Appeals or practiced the profession as a lawyer in the Courts of the Republic for eight years; the Magistrates and Prosecutors of the Court of Appeals, must be older than thirty years and have been Judges of First Instance for no less than four years or have practiced law in the country for the same term. For the effects of this article the time of exercise of the profession of lawyer is computed from the date of its registration in the respective Registry.
Article 167. The President of the Supreme Court of Justice, the Presidents of the Appeals Chambers, Magistrates, Prosecutors and Judges, With the exception of the military and others that the law determines, they will not be able to exercise jobs in the organisms in charge of the executive and legislative functions, Except for teachers or technical commissions; but the First Judges Instance, in the absence of regular directors, they may advise other administrative or military authorities.
Article 168. The Members of the Supreme Court, Presidents, Members and Prosecutors of the Court of Appeals, may not be transferred without their will from one Chamber or Chamber to another. The qualification of the reasons in case of Removal of Magistrates, Prosecutors and Judges, must be done after hearing Of the interested.
Article 169. The Prosecutors of the Appeals Chambers and the subordinate personnel of the Supreme Court, will be appointed, transferred and removed by said Court; the junior staff of the Appeals Chambers, by the respective Chambers; and that of the Courts of First Instance and Lower courts, by their respective holders.
Article 170. It is up to the Courts to judge and enforce what is judged, and apply the laws in everything that they make known to them. Those of ordinary jurisdiction and that of Litigation- Administrative, they may declare in specific cases and by first sentence, second instance and cassation, the non-application of any law or provision of the organisms that exercise the other functions of the public power, when are contrary to the Constitution. If unconstitutional is declared, the resolution will be transcribed to the Congress or the corresponding Ministries, and published in the Official Gazette.
Article 171. No body or authority can advocate the knowledge of deceased causes. The cases and forms of review will be determined by law.
Article 172. Of the businesses in which the Public Administration proceeds as part, they will know the common Courts, and when it is claimed by abuse of power against those who exercise executive functions will proceed in accordance with the Amparo Law.
Article 173. In no trial will there be more than two instances, and the Magistrate or Judge who has exercised jurisdiction in any of them, may not know in the other or in cassation, dealing with the same matter.
Article 174. The Magistrates and Judges, whatever their denomination or category, are responsible for any violation of the law. In the sentences handed down by collegiate courts, it must include who of the Magistrates was the rapporteur.
Article 175. They are of general observance for all inhabitants, the order and formalities of trials and any other procedures judicial that the laws indicate.
Article 176. The rest that corresponds to the organization and functions of the Courts, will be determined by law.
TITLE VIII National finances
Article 177. All the income of the State will be foreseen and its expenses set in the budget that will govern during the year for which it has been approved. The budget is one and it will include all expenses and income.
Article 178. It is the obligation of the Minister of Finance to present to the Congress, for its approval or modification, precisely within the first fifteen days of the first period of its ordinary sessions, the project of budget formulated for the following fiscal year. The congress it will modify or approve the budget before closing its sessions. If the I will close without approving it, or a new fiscal year will be reached without it being filled this requirement, the Executive will put into effect the budget of the fiscal year previous.
Article 179. Any bill that involves expenses for the State, should indicate, at the same time, the way to cover them and the form of their investment.
Article 180. The floating debt that the Executive contracts within a fiscal year, it must be extinguished in the following year.
Article 181. The Minister of Finance, under his responsibility, has the duty to provide monthly to each Ministry of State and each one of the Legislative and Judicial bodies, only one twelfth of the amount that fixes the annual budget, unless, by a provision of the President of the Republic, taken by the Council of Ministers and for extraordinary cases, it is arranged to fix another amount, in relation to the Ministries.
Article 182. The credits that are consigned in the statement of expenses of the budget, they will set the maximum amounts allocated to each service, and not they may be increased by the Executive without prior authorization from Congress.
Article 183. The amounts approved by Congress for each branch of the budget and for each of the Ministries, they may only be transferred by Congress, at the request of the Executive, at any time during the fiscal year.
Article 184. The items budgeted for unforeseen expenses of the Ministries, may only be disbursed, where appropriate, with prior agreement of the Minister council.
Article 185. State income constitutes a common fund indivisible and unique, with which administrative expenses are covered. Consequently, all income must be included in the common mass, even if some remain as exclusive availabilities of an organism or dependence. Only the National Treasury and its agencies, and the institutions banks empowered by the Executive, can receive public income.
Article 186. The Executive has the obligation to send annually to the Congress, within the first fifteen days of March, the accounts of the Condition. To this end, the Ministry of Finance will settle the annual budget within four months of its expiration and send their report to the Court of Accounts with the necessary data and proofs. Said Court issue an opinion within a period of no more than three months, and without prejudice to the effectiveness of its agreements, will forward it to the Executive and Congress within the first fifteen days of sessions. The opinion shall state the infractions or responsibilities in which, in the opinion of the Court, incurred. Congress will ultimately approve or reject the accounts.
Article 187. The liquidation of all credit that comes from the treasury, employed in the execution of any public service work, will be published in full in the Official Gazette as soon as it deserves the approval of the Ministry that corresponds. The settlement of credits from public funds is will submit to the audit of the Comptroller of Accounts within sixty calendar days after completion of the works, without prejudice to the settlements and receptions that are considered appropriate by the Administration during the process of executing them.
TITLE IX Court and Comptroller of Accounts
Article 188. The Court and Comptroller of Accounts is an institution autonomous that controls and oversees income, expenses and other interests tax authorities of the State, the Municipality, the University, the institutions that receive funds directly or indirectly from the State and other organizations determined by law.
Article 189. They are proper functions of the Court and Comptroller of Accounts: 1. The centralization of tax and finance accounting; 2. The comptroller and supervision of all accounting operations of the State and of the organizations referred to in the previous article; 3. Legal analysis and judicial resolution in the matter of accounts.
Article 190. The Court of Accounts is made up of five Magistrates, three of them lawyers and the other two, preferably doctors of science Economics or public accountants, or certified accountants. Court The Supreme Court shall appoint the President of said Court and another of his Magistrates, who must be lawyers. Congress will appoint a lawyer and a doctor of economics or accountant, and the President of the Republic, a doctor of economics or accountant. The respective alternates will be appointed in the same way.
Article 191. To be a member of the Court of Accounts it is required:
a) Be over thirty years of age; b) Be a natural Guatemalan and of the secular state; c) Being in the exercise of citizen rights; d) Have at least four years in the exercise of their profession; e) Not having been convicted of a crime against property, bribery, prevarication, falsehood, fraud, embezzlement of public funds or exactions illegal.
Article 192. The number of Judges of the Court of Accounts may be increased by Congress when needs so require. For their appointment, the prescriptions established in article 190 will be observed.
Article 193. The officials who make up the Court of Accounts, they will last four years in the performance of their positions, and may be reelected. The Supreme Court of justice may remove them in case of notorious bad conduct, negligence, crime or ineptitude duly proven, all previous file and legal resolution.
Article 194. The members of the Court of Accounts cannot form part of another official or autonomous body that depends directly or indirectly of the State or the Municipality, nor can they exercise profession, industry or trade, nor have a material interest, direct or indirect, in an agricultural, industrial, commercial or financial relationship with the State or the Municipality.
Article 195. Issues of jurisdiction and competence of the Tribunal of Accounts with other institutions, will be settled by the Court of Jurisdictional Conflicts.
Article 196. The members that make up the Court of Accounts, will enjoy the same guarantees and pre-eminences as the Magistrates of the Supreme Court of Justice.
Article 197. The powers of the Court of Accounts are: a) To ensure the application of the State budgets and those of those organizations referred to in article 188, examining and supervising the respective accounting; b) Endorse, before being submitted to the signature of the President of the Republic or the corresponding official, all agreements of disbursement, whatever the Ministry or the body from which proceed, as long as there is sufficient balance in the respective item of the budget and the legal requirements have been met; c) To pronounce on the constitutionality and legality of the decrees that authorize expenditures or establish income, having to issue them, where appropriate, to Congress or the Executive for their reconsideration within ten days, counted from its receipt. In this case, the Executive may issue a decree of insistence With the signature of the Council of Ministers and the Court of Accounts, give legal compliance; d) Appoint heads, officials, employees, auditors and assistants for the different dependencies of the Comptroller General, through proof that proves ability and honesty; e) Generally inspect the expenses and expenditures of the State and the Municipality, both for the execution of works, and for supplies, payment of personnel and auctions made for those purposes. With this reason may initiate proceedings to check whether the payments performed effectively correspond to the service provided by the institutions under his supervision, having to verify the cost average per unit of work and the average value of supplies that the State must receive, according to the market. In addition will be able to process all the complaints about these cases formulate. It will render an annual report to the President of the Republic, the way in which the expenses of the institutions have been made under his supervision, so that this official can send him with his respective observations to Congress; f) Request reports from all agencies and agencies subject to its inspection, and appoint a special delegate to practice the corresponding investigations when the data are not supplied, or deemed deficient. The Court of Accounts is obliged to carry out audits when required and to render detailed information to the Executive and Congress on all extremes concerning his performance; g) To render annually to Congress and the President of the Republic a report regarding the state and administration of the Public Treasury, national currency, public debt, the budget and its liquidation h) Publish its annual reports for general knowledge; i) Exercise in the Department of Guatemala, the economic jurisdiction-coercive; j) Any others determined by law.
Article 198. The law establishes the organization of the Court and the Comptroller's Office of Accounts, its jurisdiction and its procedures, the instances and resources, the number of Magistrates required to pronounce sentence in the last degree, the responsibility of the officials and employees of the institution, the functioning of the lower courts and the dependencies it comprises. It will also set the way to exercise control and oversight functions.
TITLE X Government of the Departments and Municipalities
Article 199. The Territory of the Republic is divided for its administration in Departments, and these in Municipalities.
Article 200. The President of the Republic shall appoint, for the administration of each Department, a Governor, whose qualities and attributions set by law. The Governor is the representative and delegate of the Executive.
Article 201. Municipalities are governed by municipal corporations, autonomous, presided over by one or more mayors. Both corporations and Mayors are directly and popularly elected.
Article 202. Mayors are, in their respective jurisdictions, the delegates and representatives of the departmental Governor, who in turn is of the government. Each Municipality will organize its local police, which will be exclusively under the orders of the Mayor.
Article 203. The municipalities have the power to establish their arbitrations. Government approval will be required in cases where the law as determined, to agree taxes and make expenditures.
Article 204. The organization, operation and powers of the municipalities and those of their members, is a matter of law.
Article 205. The assets and income of the municipalities are property exclusive of each of them, and enjoy the guarantees granted by the law.
TITLE XI Amendments to the Constitution
Article 206. The total or partial reform of the Constitution may only be decreed by the vote of at least two-thirds of the number total of Deputies that make up the Congress, which will indicate the article or items to be reformed. In any case in which the total reform of the Constitution is intended or of articles 2; 115, subsection 11; 131; 132; 133; 135; 136, and the present, or of one or more of them, it can only be decreed when both are resolved at least thirds of the votes already said, in two different and consecutive periods of ordinary sessions of Congress; and even so, the Constituent Assembly will not be able to meet to hear about the reform in such a case, but when six years have elapsed since it was decreed. The reform of the Constitution may consist of modifying, deleting, add, replace or increase items. In no case may the articles two; 115, subsection 11o .; 131; 132; 133; 135; 136 and the present, be declared in suspense or withhold their validity and effectiveness in any way.
Article 207. Once the reform has been decreed, Congress will call for elections for a Constituent Assembly, which must be installed within the sixty days following the date of the call, except in the case provided in the previous article, regarding the reform of said article and articles 2; 115, subsection 11o .; 131; 132; 133; 135; 136 and 206 or any of them, and the total of the Constitution; case in which the call must be made by the Congress that functions in the fifth year, from the date on which it was enacted the reform, so that the installation of the Assembly Constituent is verified upon expiration of the fixed term of six years. In the call, the article or articles whose reform has been will be inserted decreed.
Article 208. The Constituent Assembly will be composed of a representative for every forty thousand inhabitants or fraction that exceeds twenty one thousand. If any department of the Republic cannot be represented, in accordance with the previous rule, it will nevertheless have the right to elect a Deputy. Those elected must meet the qualities required by article 112, be subject to the prohibitions of article 113 and enjoy the prerogatives marked in articles 107, 108 and first part of 110 of the Constitution.
Article 209. The meeting of the Constituent Assembly does not impede the operation of Congress.
Article 210. The reform has been decreed by the Constituent Assembly, and if there are no other decrees or constitutional laws to issue, it is will dissolve, after enactment.
Article 211. This Constitution shall not lose its force and vigor, even when by some rebellion its observance is interrupted.
Article 212. All constitutions remain without any value or effect. and constitutional reforms decreed prior to the present one.
Article 1. Guatemala declares that Belize is part of its territory, and considers of national interest the efforts aimed at achieving its effective reincorporation to the Republic.
Article 2. Those who have acquired Guatemalan nationality
Before this Constitution is promulgated, they will continue to enjoy such quality.
Article 3. The last fraction of the fourth paragraph of Article 9 that says: “Illiterates will be able to vote six months after having been registered ", will enter into force six months after the Civic Registry is established.
Article 4. Guatemalan citizens who know how to read and write and that before promulgating this Constitution they have obtained citizenship, must be registered in the Civic Registry, whether or not they are registered in the current Citizen Registry.
Article 5. Notwithstanding the provisions of the third paragraph of the article 91 of the Constitution, the current owners of properties located in the strips of fifteen kilometers along the borders and coastlines, will continue in the enjoyment of their rights, but they cannot transmit them by any title but to Guatemalans of those included in article 6 of this Constitution.
Article 6. While the current war against totalitarian countries lasts, the Executive may, by virtue of international agreements, exempt from bidding public contracts and concessions on logging destined to the allied countries of the Republic.
Article 7. The Legislative Assembly installed on December 3, thousand nine hundred and forty-four, it will function under the name of Congress that corresponds according to this Constitution, and a constitutional period is computed from March 1, nineteen hundred and forty-five to twenty-eight February of one thousand nine hundred and forty-nine, having to be renewed in half and be in accordance with the provisions of this legal body regarding the number of Deputies that integrate it, at the end of the first biennium. To that effect, in the last ordinary sessions of one thousand nine hundred and forty-six, the drawing of the outgoing Deputies, after reform of the electoral tables of according to the last census. First, the draw will be made between the Deputies who should cease because the population of the Department that represent, in accordance with the provisions of article 111 of this Constitution. Among the remaining Deputies there will be a new draw to make the renewal by half.
Article 8. Congress will dictate the necessary legal provisions. for the application of article 159, regarding the number of Generals of Division and Brigade that he fixes on.
Article 9. While the Court, and the Comptroller of Accounts are integrated, and the provisions of the case are issued in accordance with the provisions of this Constitution, the Court and the General Directorate of Accounts will continue running as today.
Article 10. For the purposes of Article 201, the first elections municipalities, in accordance with this Constitution, must be practiced during the next December.
Article 11. This Constitution shall enter into force on March 15 of nineteen hundred and forty-five.
Pass to the Executive for publication and fulfillment.
Given in the Sessions Hall: in Guatemala, on the eleventh day of the month of March of nineteen hundred and forty-five.
JORGE GARCIA GRANADOS President, Deputy for Guatemala
J. ROMEO DE LEON, 1st Vice President Deputy for Izabal
FRANCISCO VILLAGRAN, 2nd. Vice president Deputy for Alta Verapaz
Arnoldo Reyes, Deputy for Alta Verapaz; G. O. Morales P., Deputy for Alta Verapaz; J. Torón Spain, Deputy for Alta Verapaz; José R. Lemus, Deputy for Alta Verapaz; Juan de Dios Díaz Ortiz, Deputy for Alta Verapaz, C. González L., Deputy for Baja Verapaz; J. Franco Mota, Deputy for Baja Verapaz; Héctor Manuel Vásquez, Deputy for Chiquimula; David Guerra Guzmán, Deputy for Chiquimula; Carlos M. Pellecer, Deputy for Chiquimula; C. A. Sagastume, Deputy for Chimaltenango; E. A. Echeverría, Deputy for Chimaltenango; M. E. Sarmiento C., Deputy for Chimaltenango; Mr. Vela, Deputy for El Petén; C. Marroquín Rojas, Deputy for El Progreso; J. L. Bocaletti, Deputy for Escuintla; Ramiro Fonseca, Deputy for Escuintla; Ernesto Marroquín Wyss, Deputy for Escuintla; M. Galich, Deputy for Guatemala; J. Bianchi, Deputy for Guatemala; A. M. Monsanto, Representative for Guatemala; C. Irigoyen, Deputy for Guatemala; Ed. Arreola, Deputy for Guatemala; B. Alvarado T., Deputy for Huehuetenango; Humberto Sosa, Deputy for Huehuetenango; Ed. Castillo A., Deputy for Huehuetenango; M. A. Flores M., Deputy for Izabal; Luis Díaz G., Deputy for Jalapa; Jose M. Rivas H., Deputy for Jalapa; M. Efraín Nájera F., Deputy for Jutiapa; TO. Sandoval Pinto, Deputy for Jutiapa; F. E. Sandoval, Deputy for Jutiapa; Julio César Ordóñez, Deputy for Jutiapa; G. J. Sotomayor, Deputy for Quezaltenango; H. Mazariegos, Deputy for Quezaltenango; Angel Arturo Rivera, Deputy for Quezaltenango; Oscar Jiménez de León, Deputy for Quezaltenango; O. V. Rodas Corzo, Deputy for El Quiché; A. P. Echeverría, Deputy for El Quiche; Flavio Ovalle Manrique, Deputy for El Quiché; Ruben Loarca, Deputy for Retalhuleu; Carlos García Bauer, Deputy for Sacatepéquez; José Falla, Deputy for Sacatepéquez; Manuel de León Cardona, Deputy by San Marcos; Jorge A. Serrano, Deputy for San Marcos; J. Flores Barrios, Deputy for San Marcos; R. Guirola L., Deputy for San Marcos; Alfonso Estrada Ricci, Deputy for Sololá; J. Filiberto Escobar, Deputy for Sololá; Julio R. Godoy, Deputy for Suchitepéquez; Alf. López V., Deputy for Suchitepequez; F. Fuentes Alvarado, Deputy for Suchitepéquez; Adolfo Almengor F., Deputy for Suchitepéquez; E. Gil Ordóñez M., Deputy for Totonicapan; Jorge Cáceres, Deputy for Totonicapán; Juan Mayorga Franco, Deputy for Zacapa; L. Alberto Paz y Paz, Deputy for Zacapa; Saul Calderón P., Deputy for Zacapa.
Julio Bonilla G. Representative for Santa Rosa
J. Rolz Bennett Representative for Santa Rosa.
J. Ant. Reyes Cardona 3rd. Secretary Representative for Santa Rosa
Jose M. Fortuni 4th. Secretary Deputy for Quezaltenango
National Palace: Guatemala, March 13, nineteen hundred forty five.
Be published and enforced. Jorge Toriello. Franco J. Arana J. Arbenz
The Secretary of State in the Office of Agriculture and Mining, P. G. Cofiño
The Secretary of State in the Office of Communications and Public Works, Rafael Pérez de León.
The Delegate of the Revolutionary Government Board in the Secretariat of the National Defense, Franco J. Arana
The Secretary of State in the Office of the Economy, M. Noriega M.
The Secretary of State in the Office of Public Education, Jorge Luis Arriola
The Secretary of State in the Office of the Interior, Labor and Social Security Social, Juan Córdova Cerna.
The Secretary of State in the Office of the Treasury and Public Credit, Gabriel Orellana H.
The Secretary of State in the Office of Foreign Relations, Enrique Munoz Meany
The Secretary of State in the Office of Public Health and Social Assistance, C. F. Mora.