Republic of the Philippines

Tarlac State University

College of Education

(Self Instruction Module Approach)

SIMA

1987 Constitution of the Philippines:

Article XVIII
Transitory Provisions

Prepared by: Patricia Iris V. Razon

BSED 1D-1
Prepared for: Mr. Jose Angel D. Zaballa
Professor
August 16, 2013

I.

Objectives
a. To know what transitory provisions are.
b. To discuss and fully understand the sections under this article.
c. To identify the dates and schedules of elections during the transitory
period.
d. To identify the ordinances during the transitory period.
e. To make students gain additional information about the last ArticleArticle XVIII.

II.

Rationale
This Module aims to understand what transitory provisions are. It will
show and discuss all the Sections under Article XVIII from Section 1 to
Section 27.Another is that it also aims to prevent confusion during the
transitory period of the old Constitution to the new constitution.

III.

Target Population
This module is made for all the citizens of the Philippines
including students especially those in Higher Education. It can be used for
easier comprehension by students who study The Philippine Government
and the New Constitution. It can also be used by teachers who teach Social
Studies.

IV.

Questions
1. What are Transitory Provisions?
2. What is the main purpose of transitory provisions?
3. When should the first elections of the members of the Congress on the
1987 Constitution be held?
4. It was said that until the congress provides otherwise. How much shall the
president and vice president receive their annual salary?
5.
6. What shall the first congress give priority for?
7. Is it true that All existing laws, decrees, executive orders, proclamations,
letters of instructions, and other executive issuances not inconsistent with
this Constitution shall not remain operative until amended, repealed, or
revoked?
8. Until when shall the incumbent members of the judiciary continue in
office?

9. Until when shall the incumbent President continue to exercise legislative

powers?
10. Is it true that The 1987 Constitution shall take effect immediately upon its
ratification by a majority of the votes?

V.

Learning Cell
Transitory Provisions
Transitory provisions of a constitution are schedules and ordinances
forming part of a constitution to provide transition from the old government to the
new government and put the provisions of the new constitution in effect, or to
qualify, restrict or limit some permanent provision for limited period. Their main
purpose is to avoid confusion which would arise during the transition period.
They have temporary operation.
Section 1. The first elections of Members of the Congress under this
Constitution shall be held on the second Monday of May, 1987.
The first local elections shall be held on a date to be determined by the
President, which may be simultaneous with the election of the Members of
the Congress. It shall include the election of all Members of the city or
municipal councils in the Metropolitan Manila area.
The members of the congress consist of the Senate and the House of
Representatives. The election shall be held on the 2nd Monday of May, 1987. Their
term of office shall start at noon on the 30th day of June, 1987. (See Article VI,
Sections 4, 7.). They shall serve for five years until June 30, 1992. (Section 2)
The local officials consist of the officials of provinces, cities,
Municipalities and Barangays. Their first elections shall be held on the date
determined by the president. It shall be held after the elections of the members of
the congress. They shall serve until June 30, 1992. Their term of office will be
less than five years since their elections were held on January 18, 1988.
Section 2. The Senators, Members of the House of Representatives, and the
local officials first elected under this Constitution shall serve until noon of
June 30, 1992.

Of the Senators elected in the elections in 1992, the first twelve obtaining the
highest number of votes shall serve for six years and the remaining twelve for
three years.
The Elections for the members of Congress were held on the 2nd Monday
of May 1987. And will have a term of office for five years ending on June 30,,
1992. The effect of the second paragraph is that beginning 1995 and every 3
years, there will be an election for 12 senators with a term of six years.
Section 3. All existing laws, decrees, executive orders, proclamations, letters
of instructions, and other executive issuances not inconsistent with this
Constitution shall remain operative until amended, repealed, or revoked.
Section 3 seeks to prevent disturbance in the orderly functioning
government. It does not apply to all existing laws, etc. that are not consistent with
the New Constitution. Laws,secrets and unpublished decrees, etc. that are
inconsistent with the New Constitution should not be valid. It is a standard
provision of the proposed new constitution to provide for continuing efficacy of
existing legislations not inconsistent with the proposed fundamentals of law to
ensure the continuity and stability of government operations during the period of
transition and to ensure the vested rights and existing obligations derived there
under are protected and observed.
Section 4. All existing treaties or international agreements which have not
been ratified shall not be renewed or extended without the concurrence of at
least two-thirds of all the Members of the Senate.
Section 4 recognizes the validity of existing treaties or international
agreement which have not been approved can only be renewed and extended with
the votes of at least two thirds of all the members of the Senate.
Section 5. The six-year term of the incumbent President and Vice-President
elected in the February 7, 1986 election is, for purposes of synchronization of
elections, hereby extended to noon of June 30, 1992.
The first regular elections for the President and Vice-President under this
Constitution shall be held on the second Monday of May, 1992.
Section 5 states that the Six year- term for incumbent President and vice
president elected in the February 7, 1986 election is fororderliness of elections

and the term is extended to noon of June 30, 1992. The first regular elections for
the president and vice president shall be held on the 2nd Monday of May 1992.
Section 6. The incumbent President shall continue to exercise legislative
powers until the first Congress is convened.
Section 6 is all about the confirmation of legislative powers recognized as
already existing in favour of the incumbent or forced President by the virtue or
issuance of Proclamation no. 3 declaring the Provisional Constitution.
Section 7. Until a law is passed, the President may fill by appointment from a
list of nominees by the respective sectors, the seats reserved for sectoral
representation in paragraph (2), Section 5 of Article VI of this Constitution.
This section gives awareness to the validity and term of effectiveness of
the 1947 R.P,-U.S. Military Base Agreement which shall expire in September 16,
1991. The constitution, by section 25 recognizes and honors this agreement.
Section 8. Until otherwise provided by the Congress, the President may
constitute the Metropolitan Manila Authority to be composed of the heads of
all local government units comprising the Metropolitan Manila area.
Under section 11, Article X, Congress may, by law create special
metropolitan political subdivisions subject to a plebiscite or vote with the
component cities and municipalities retaining their basic autonomy. The
jurisdiction of the metropolitan Authoritythat will thereby be created shall be
limited to basic services requiring coordination. Until such law is enacted, the
president may constitute the metropolitan Authority in Metropolitan Manila. It
shall be composed of four city mayors and thirteen municipal in the area.
Section 9. A sub-province shall continue to exist and operate until it is
converted into a regular province or until its component municipalities are
reverted to the mother province.
Sub-provinces are essentially extensions of the regular provinces. They
automatically assume that regular status of provinces once they meet the
requirements prescribed by law. (See Art. X, Sec 1.) They may be abolished by
congress by reverting its component municipalities to mother provinces as
provided by law.
Section 10. All courts existing at the time of the ratification of this
Constitution shall continue to exercise their jurisdiction, until otherwise
provided by law. The provisions of the existing Rules of Court, judiciary acts,

and procedural laws not inconsistent with this Constitution shall remain
operative unless amended or repealed by the Supreme Court or the
Congress.
The supreme courts and the lower courts existing at the time of the
ratification of the new constitution shall continue to exercise their jurisdiction
unless otherwise provided by law. The provision of the existing Rules of Court,
judiciary acts and procedural laws not inconsistent with the new constitution shall
continue in force unless subsequently amended or repealed by the Supreme Court
or Congress.
Section 11. The incumbent Members of the Judiciary shall continue in office
until they reach the age of seventy years or become incapacitated to
discharge the duties of their office or are removed for cause.
This section allows members of the judiciary at the time of ratification of
the new constitution to continue in office until they reach 70 years or become
incapacitated to discharge their duties. They may however be removed for cause.
Section 12. The Supreme Court shall, within one year after the ratification of
this Constitution, adopt a systematic plan to expedite the decision or
resolution of cases or matters pending in the Supreme Court or the lower
courts prior to the effectivity of this Constitution. A similar plan shall be
adopted for all special courts and quasi-judicial bodies.
Section 12 takes awareness of the huge backlog of cases pending in
regular courts as well as in special courts and quasi-judicial bodies particularly in
the regular courts. The Supreme Court is given 1 year from the ratification of this
constitution to adopt itself and the lower courts the plan.
Section 13. The legal effect of the lapse, before the ratification of this
Constitution, of the applicable period for the decision or resolution of the
cases or matters submitted for adjudication by the courts, shall be
determined by the Supreme Court as soon as practicable.
Section 13 is about the legal effect of lapse of maximum period for
rendering judicial decisionshall be determined by the Supreme Court.

Section 14. The provisions of paragraphs (3) and (4), Section 15 of Article
VIII of this Constitution shall apply to cases or matters filed before the

ratification of this Constitution, when the applicable period lapses after such
ratification.
Section 15, Article VII prescribes the mandatory maximum periods within
which cases or matters must be decided by the various courts. It refers to cases or
matters filed after the effectivity of the new constitution. Therefore section 14
clears that paragraph 3 and 4 of Section 15, Article VIII likewise apply to cases to
matter filed before the ratification of the new constitution when the applicable
period lapses after such ratification.
Section 15. The incumbent Members of the Civil Service Commission, the
Commission on Elections, and the Commission on Audit shall continue in
office for one year after the ratification of this Constitution, unless they are
sooner removed for cause or become incapacitated to discharge the duties of
their office or appointed to a new term thereunder. In no case shall any
Member serve longer than seven years including service before the
ratification of this Constitution.
Section 15 is about the Incumbent or involuntary or forced members of the
constitutional Commission in continuing their office. The incumbent or forced
members of the Members of the Civil Service Commission, the Commission on
Elections, and the Commission on Audit shall continue in office for 1after the
approval of the 1987 Constitution, unless they are removed for cause or become
incapacitated to discharge the duties of their office or appointed to a new term
thereunder. No member shall serve for more than seven years.
Section 16. Career civil service employees separated from the service not for
cause but as a result of the reorganization pursuant to Proclamation No. 3
dated March 25, 1986 and the reorganization following the ratification of this
Constitution shall be entitled to appropriate separation pay and to
retirement and other benefits accruing to them under the laws of general
application in force at the time of their separation. In lieu thereof, at the
option of the employees, they may be considered for employment in the
Government or in any of its subdivisions, instrumentalities, or agencies,
including government-owned or controlled corporations and their
subsidiaries. This provision also applies to career officers whose resignation,
tendered in line with the existing policy, had been accepted.
Section 16 is about the rights of separated civil service employees and
career officers. Career civil service employees separated from the service not for
cause but as a result of the reorganization and reorganization following the
ratification of this Constitution shall be entitled to appropriate separation pay and
to retirement and other benefits.The option of the employees may be employment

in the Government.This provision also applies to career officers whose

resignation, tendered in line with the existing policy, had been accepted.
Section 17. Until the Congress provides otherwise, the President shall receive
an annual salary of three hundred thousand pesos; the Vice-President, the
President of the Senate, the Speaker of the House of Representatives, and the
Chief Justice of the Supreme Court, two hundred forty thousand pesos each;
the Senators, the Members of the House of Representatives, the Associate
Justices of the Supreme Court, and the Chairmen of the Constitutional
Commissions, two hundred four thousand pesos each; and the Members of
the Constitutional Commissions, one hundred eighty thousand pesos each.
Annual salaries of Constitutional officers:
a. President- 300,000
b. Vice president-240,000
c. The president of the senate-240,000
d. The speaker of the house of representatives-240,000
e. The chief justice of the supreme court-240,000
f. Senators-204,000
g. Members of the house of representatives-204,000
h. Associate justices of the supreme court-204,000
i. Chairmen of the Constitutional Commissions-204,000
j. Members of the Constitutional Commissions--180,000
Section 18. At the earliest possible time, the Government shall increase the
salary scales of the other officials and employees of the National
Government.
Section 18 is about the salary scales of other officials and employees of
the national government that the government shall increase it as soon as possible.
Section 19. All properties, records, equipment, buildings, facilities, and other
assets of any office or body abolished or reorganized under Proclamation No.
3 dated March 25, 1986 or this Constitution shall be transferred to the office
or body to which its powers, functions, and responsibilities substantially
pertain.
Section 19 is about the deposition of properties, records, etc. of any office
or body to the body to which its powers, functions and substantially pertain. It did
not mention the personnel of the abolished or reorganized office or body.
Section 20. The first Congress shall give priority to the determination of the
period for the full implementation of free public secondary education.

Under Section 2, Article XIV on Education, the state is mandated to

establish and maintain a system of free public education in the elementary and
high school levels. Free public elementary education has long been implemented.
Congress is directed by Section 20 to give priority to the determination of the
period for the full implementation of free public secondary education.
Section 21. The Congress shall provide efficacious procedures and adequate
remedies for the reversion to the State of all lands of the public domain and
real rights connected therewith which were acquired in violation of the
Constitution or the public land laws, or through corrupt practices. No
transfer or disposition of such lands or real rights shall be allowed until after
the lapse of one year from the ratification of this Constitution.
Section 21 is about the reversion to state of illegality acquired public lands
and real rights connected therewith.
Section 22. At the earliest possible time, the Government shall expropriate
idle or abandoned agricultural lands as may be defined by law, for
distribution to the beneficiaries of the agrarian reform program.
The state is mandated to undertake an agrarian reform program founded
on the rights of farmers and regular farmworkers who are landless, to own directly
or collectively, the land they till. To this end, it shall encourage and undertake the
just distribution of all cultural lands. The Section 22 refers to private agricultural
lands which are idle or abandoned as may be defined by law. The government
shall expropriate them at earliest possible time for distribution to the beneficiaries
of the agrarian reform program.
Section 23. Advertising entities affected by paragraph (2), Section 11 of
Article XVI of this Constitution shall have five years from its ratification to
comply on a graduated and proportionate basis with the minimum Filipino
ownership requirement therein.
Section 23 is about the compliance by advertising companies with
minimum Filipino ownership requirement. Under Section 11(2), Article XVI, only
the Filipino citizens of corporations or associations at least 70% of the capital
which is owned by such citizens shall be allowed to engage in advertising
industry. Advertising entities affected by the requirement are given a maximum of
five years from the ratification of the Constitution to comply on a graduated and
proportionate basis with the minimum Filipino ownership requirement.
Section 24. Private armies and other armed groups not recognized by duly
constituted authority shall be dismantled. All paramilitary forces including
Civilian Home Defense Forces not consistent with the citizen armed force

established in this Constitution, shall be dissolved or, where appropriate,

converted into the regular force.
Section 24 is about the private armies and other groups who are not
recognized by duly constituted authority shall be dismantled. Also with
paramilitary forces not consistent with the citizen armed force established in this
constitution
Section 25. After the expiration in 1991 of the Agreement between the
Republic of the Philippines and the United States of America concerning
military bases, foreign military bases, troops, or facilities shall not be allowed
in the Philippines except under a treaty duly concurred in by the Senate and,
when the Congress so requires, ratified by a majority of the votes cast by the
people in a national referendum held for that purpose, and recognized as a
treaty by the other contracting State.
In this section it recognizes this agreement that after 1991, foreign military
bases, troops or facilities shall be allowed only under the following conditions:
a. The terms thereof are contained in a treaty duly concurred in by the Senate;
b. When Congress requires, the treaty must be ratified by a majority of the votes
cast by the people in a national referendum held for that purpose
c. The agreement is recognized also as a treaty by other contracting party.
Section 26. The authority to issue sequestration or freeze orders under
Proclamation No. 3 dated March 25, 1986 in relation to the recovery of illgotten wealth shall remain operative for not more than eighteen months after
the ratification of this Constitution. However, in the national interest, as
certified by the President, the Congress may extend such period.
A sequestration or freeze order shall be issued only upon showing of a prima
facie case. The order and the list of the sequestered or frozen properties shall
forthwith be registered with the proper court. For orders issued before the
ratification of this Constitution, the corresponding judicial action or
proceeding shall be filed within six months from its ratification. For those
issued after such ratification, the judicial action or proceeding shall be
commenced within six months from the issuance thereof.
The sequestration or freeze order is deemed automatically lifted if no judicial
action or proceeding is commenced as herein provided.
Section 26 is about the sequestered or frozen properties that shall remain
operative or working not exceeding eighteen months or 1 yr. and 6 months after
the approval of this constitution. But the congress may extend that period. A

freeze order shall be issued upon showing of a first appearance case. The order
and the list of frozen properties shall be registered with the proper court. Orders
issued before the approval of this constitution, the judicial action or proceeding
shall be filed within six months from its approval. Orders after approval of the
constitution, the judicial action or proceeding shall start within 6 months. The
freeze order is allowed automatically lifted if no judicial action is started.
Section 27. This Constitution shall take effect immediately upon its
ratification by a majority of the votes cast in a plebiscite held for the purpose
and shall supersede all previous Constitutions.
The foregoing proposed Constitution of the Republic of the Philippines was
approved by the Constitutional Commission of 1986 on the twelfth day of
October, Nineteen hundred and eighty-six, and accordingly signed on the
fifteenth day of October, Nineteen hundred and eighty-six at the Plenary
Hall, National Government Center, Quezon City, by the Commissioners
whose signatures are hereunder affixed.
Section 27 is about the effectivity of the new constitution. That 1987
Constitution took effect immediately upon its ratification by a majority of the
votes cast in a plebiscite called for the purpose held on February 2, 1987. Its
ratification was announced on February 11, 1987.It has effect completely
repealing all previous constitutions- 1935, 1973 and the provisional constitutions.
VI.

Answers
1. (What are Transitory Provisions?)
Transitory Provisions are schedules and ordinances forming part
of a constitution to provide transition from the old government to the new
government and put the provisions of the new constitution in effect, or to
qualify, restrict or limit some permanent provision for limited period.
2

(What is the main purpose of transitory provisions?)

Their main purpose is to avoid confusion which would arise
during the transition period.
3. (When should the first elections of the members of the Congress on the
1987 Constitution be held?)
Under Section 1. The first elections of Members of the Congress under
this Constitution shall be held on the Second Monday of May, 1987.
4. (It was said that until the congress provides otherwise. How much shall
the president and vice president receive their annual salary?)
5.

Under Section 17, it states that Until the Congress provides

otherwise, the President shall receive an annual salary of three hundred
thousand pesos; the Vice-President, the President of the Senate, the
Speaker of the House of Representatives, and the Chief Justice of the
Supreme Court, two hundred forty thousand pesos each; the Senators, the
Members of the House of Representatives, the Associate Justices of the
Supreme Court, and the Chairmen of the Constitutional Commissions, two
hundred four thousand pesos each; and the Members of the Constitutional
Commissions, one hundred eighty thousand pesos each. Therefore the
President shall receive an annual salary of 300,000 while the
Vice-president shall receive an annual salary of 240,000.
6. (What shall the first congress give priority for?)
Under Section 20, of this article, the first Congress shall give
priority to the determination of the period for the full implementation of
free public secondary education.
7. (Is it true that All existing laws, decrees, executive orders, proclamations,
letters of instructions, and other executive issuances not inconsistent with
this Constitution shall not remain operative until amended, repealed, or
revoked?)
No, its NOT TRUE, under Section 3 of this article it states that
All existing laws, decrees, executive orders, proclamations, letters of
instructions, and other executive issuances not inconsistent with this
Constitution shall remain operative until amended, repealed, or revoked."
8. (Until when shall the incumbent members of the judiciary continue in
office?)
Under Section 11 of this Article, it states that The incumbent
Members of the Judiciary shall continue in office until they reach the age
of seventy years or become incapacitated to discharge the duties of
their office or are removed for cause.
9. (Until when shall the incumbent President continue to exercise legislative
powers?)
Under Section6 of this Article, The incumbent President shall continue to
exercise legislative powers until the first Congress is convened.
10. (Is it true that The 1987 Constitution shall take effect immediately upon its
ratification by a majority of the votes?)
Yes, its true. Under Section 27of this Article This Constitution
shall take effect immediately upon its ratification by a majority of the
votes cast in a plebiscite held for the purpose and shall supersede all
previous Constitutions.

VII.

Conclusion or summary
In summary, the Article XVIII is all about the transitory provisions. These
are schedules including specific time and dates and ordinancesor forming part
of a constitution to provide transition from the old government to the new
government and put the provisions of the new constitution in effect, or to
qualify, restrict or limit some permanent provision for limited period.
Their main purpose is to avoid confusion which would arise during the
transition period. Remember that they only have temporary operation. This
article has 27 sections that were followed during the transitory period.
The transitory period is the time that the 1973 Constitution is amended
and become the 1987 constitution which we are using nowadays.

VIII. Reflection

IX.

Bibliography
1. Textbook on the Philippine Constitution by Hector S. De Leon
1991Edition Published by REX bookstore. Pages 573- 591.
2. Textbook on the Philippine Constitution by Hector S. De Leon 1987
Edition Published by REX bookstore. Pages 623-641.
3. The Constitution of the Phil. 1987 Published by National bookstore
Pages 59-63.
4. Philippine Governance and the 1987 Constitution, By: Ricardo S. Lazo
page 447-449

X.

Web Source
1. http://www.gov.ph
3. http://www.chanrobles.com.ph

VIII. Reflection

Under Section6 of this Article, The incumbent President shall continue to

exercise legislative powers until the first Congress is convened.
11. (Is it true that The 1987 Constitution shall take effect immediately upon its
ratification by a majority of the votes?)
Yes, its true. Under Section 27of this Article This Constitution
shall take effect immediately upon its ratification by a majority of the
votes cast in a plebiscite held for the purpose and shall supersede all
previous Constitutions.
VII.

Conclusion or summary
In summary, the Article XVIII is all about the transitory provisions. These
are schedules including specific time and dates and ordinancesor forming part

of a constitution to provide transition from the old government to the new

government and put the provisions of the new constitution in effect, or to
qualify, restrict or limit some permanent provision for limited period.
Their main purpose is to avoid confusion which would arise during the
transition period. Remember that they only have temporary operation. This
article has 27 sections that were followed during the transitory period.
The transitory period is the time that the 1973 Constitution is amended
and become the 1987 constitution which we are using nowadays.