Professional Documents
Culture Documents
(Article XVIII)
SOSC 5
Lesson 5b
Topic Outline
• Ratification
• Provisions on Elections
• Provisions on Laws & Treaties
• Provisions on Reserved Executive Powers
• Other Transitory Provisions
Transitory Provisions
• Provisions with no permanent duration
• Will ultimately become functus officio – the
office will cease to exist
RATIFICATION
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?
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
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
Public Officials 1986-1992
February 25, 1986
June 30, 1987
February 2, 1988
June 30, 1992
Congress
Local Officials
Vice-President
President
12 12
12 12 13
24
12 12
12 13
13 12
1995 2001 2007
Elected Number of Vacancy
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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PROVISIONS ON RESERVED
EXECUTIVE POWERS
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
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)
SOSC5