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Transitory

Provisions
(Article XVIII)
PPG
Lesson 8

Philippine Politics and Governance


Rationale
• Although of Article XVIII, is part of the constitution, its significance is
20th century political history cannot be cannot be discounted.
• It highlights, in legal context, the transition between the pre-EDSA
(People Power 1) government and post-EDSA government.

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Topic Outline
• Ratification
• Provisions on Elections
• Provisions on Laws & Treaties
• Provisions on Reserved Executive Powers
• Other Transitory Provisions

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Transitory Provisions
• Provisions with no permanent duration
• Will ultimately become functus officio – the office will cease to exist

• Query: When will a provision be considered functus officio?


• Answer: As soon as the provision is achieved.

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RATIFICATION
SOSC5

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Section 27, Article XVIII
• Query: When was the constitution ratified?
• Was it on February 2, 1987, the day of the Plebiscite?
• Or was it on February 11, 1987, the day President C. Aquino proclaimed it
ratified?

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Section 27, Article XVIII
• Answer:
• In de Leon vs. Esguerra et. al, the SC ruled that the constitution was deemed
ratified and immediately took effect on the day of the plebiscite
• Section 27, Article XVIII (Transitory Provisions) provides:
“This Constitution shall take effect immediately upon its ratication by a majority of the
votes cast in a plebiscite held for the purpose and shall supersede all previous
Constitutions.”

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TRANSITORY PROVISIONS
ON ELECTIONS
SOSC5

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Provisions on Elections
• Section 1
• Election of Members of Congress
• Local Elections
• Section 2
• Term of Members of Congress and Local Officials elected in ‘87
• Term of Senators elected in ‘92
• Section 5
• Term of C. Aquino and Laurel

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Public Officials 1986-1992
February 25, 1986
June 30, 1987
February 2, 1988
June 30, 1992
Congress
Local Officials
Vice-President
President

0 3 years 6 years, 3 months

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First Elections – Congress
• Query: When was the first elections for Members of Congress under
the 1987 Constitution held?

• Answer: Pursuant to Section 1, Article XVIII it was held on the Second


Monday of May 1987 (May 9, 1987)

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First Elections – Local Officials
• Query: Was the local elections held on the same day (May 9, 1987)?

• Answer: No, Section 1, Article XVIII states that the President may set a
different date for local elections.
• Pres. C. Aquino ordered it held on January 18, 1988

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Senators elected in ’87
• Query: How many senators did we elect on May 1987?

• Answer: We elected 24 senators

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Representatives elected in ’87
• Query: Until when did the district representatives elected under the
1987 Constitution serve their term?

• Answer: They served until June 30, 1992

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Local Officials election in ’87
• Query: Did the first local officials elected under the 1987 Constitution
served a three year term?

• Answer: No, they actually served for more than three years starting
from February 2, 1988 to June 30, 1992.

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Senators elected in ’92
• Of those elected on May 1992, how many Senators served for a total
six years and how many served for only three years?
• The rank 1 to 12 senators served for a total of six
• The rank 13 to 24 only served for three years

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Senators 1992-2004
1992 1998 2004

12 12
12 12 13
24
12 12
12 13
13 12
1995 2001 2007
Elected Number of Vacancy
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C. Aquino & Laurel’s term
• How many years did C. Aquino and V-Pres. Laurel served as President
and VP respectively?
• They served from about 6 years and 3 months
• Why were their terms extended?
• It was extended for the purposes of synchronization of elections
• If their term ended exactly six years from taking office, a presidential elections
would have been scheduled on January 1992 instead of May 1992

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TRANSITORY PROVISIONS
ON LAWS & TREATIES
SOSC5

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Provisions on Laws and Treaties
• Section 4
• Provision on Laws
• Section 5
• Provision on Treaties
• Section 25
• Status of RP-US Military Bases Agreement of 1947

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Laws
• Query: What happened to the laws, decrees, EO, etc. promulgated
before the 1987 Constitution took effect?

• Answer: If those laws, decrees, etc. not inconsistent with the new
Constitution, it shall remain in effect

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Treaties
• Query: What happened to those treaties not ratified by the legislative
body prior to the adoption of the 1987 Constitution?

• Answer: All unratified treaties cannot be renewed unless ratified by


the Senate

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Military Bases Agreement
• Query: What happened to the RP-US Military Bases Agreement of
1947 after it expired in 1991?
• Answer: Pursuant to Section 25, Article XVIII, US Military Bases will
not be allowed in the Philippines

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Military Bases Agreement
• Query, could the Philippines allow the presence of foreign military
bases under the new constitution?

• Answer: Yes, if allowed under a treaty concurred by the Senate


• Is plebiscite necessary?
• Yes, if the Congress so required

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PROVISIONS ON
RESERVED EXECUTIVE
POWERS
SOSC5

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Reserved Executive Powers
• Section 6
• President’s Legislative Power
• Section 7
• Appointment of sectoral representatives in the House of Representatives
• Section 8
• Temporary creation by the President of Metropolitan Authority composed of
mayors of Metro Manila unless Congress provides otherwise

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President’s Legislative Power
• Until when was Pres. C. Aquino allowed to make legislative
enactments?
• Pres. Aquino continued to exercise legislative powers until the first Congress
convened
• Did the first Congress convened on June 30, 1987?
• No, the first Congress (and succeeding Congresses thereafter) convened on
the July 27, 1987 (Fourth Monday of July)

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OTHER TRANSITORY
PROVISIONS
SOSC5

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Provisions on Salaries
• Section 17 - Provision on salaries:
Officials Salary
President PhP 300,000.00
Vice-President PhP 240,000.00
Senate President/Speaker -same as above-
Chief Justice -same as above-
Senators/ Representatives PhP 204,000.00
Associate Justice of SC -same as above-
Chairman of Constitutional PhP 180,000.00
Commissions (CSC, Comelec, CoA)

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Provisions on Priority Measures
• Section 18
• Priority increase on salary of other government officials and employees of the
National Government
• Section 19
• Priority implementation of the free public education
• Section 22
• Priority expropriation of idle/abandoned land for Agrarian reform beneficiaries
• Section 24
• Dismantling of private armies/armed groups including Civilian Home Defence forces
not consistent with the citizen armed forces created under the 1987 constitution
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Provisions on Priority Measures
• Section 18
• Priority increase on salary of other government officials and employees of the
National Government
• Section 19
• Priority implementation of the free public education
• Section 22
• Priority expropriation of idle/abandoned land for Agrarian reform beneficiaries
• Section 24
• Dismantling of private armies/armed groups including Civilian Home Defence forces
not consistent with the citizen armed forces created under the 1987 constitution
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Provisions on Courts and Judges
• Section 10
• The pre-EDSA judicial court structure shall continue to exercise jurisdiction
unless otherwise provided by law
• All existing Rules of Court not inconsistent with this constitution shall remain
in effect unless amended or repealed by SC or Congress
• Section 11
• All incumbent members of the Judiciary shall continue in office until the age
of 70

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Provisions on Sequesterization
• Section 26
• Sequesterization or Freeze orders issued under Proclamation No. 3 of the
1986 Revolutionary Government shall remain in effect
• Until when shall it remain in effect?
• It shall remain in effect for not more than 18-months after the ratification of the
Constitution

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Provisions on Civil Service
• Section 16
• Career civil services employees separated from service as a result of the
revolution shall be entitled to separation pay, retirement and other benefits
• What law shall apply with regard to their employee benefits?
• The laws of general application at the time of their separation shall apply
• Employees separated may choose to be re-employed in government service

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Provisions of ConCom
• Section 15
• Existing members of CSC, Comelec, and CoA shall continue in office for one
year after the ratification of the consitution
• However, no member of the above ConCom shall serve for more than 7 years

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Questions?

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