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Transitory Provisions

(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

• Query: When will a provision be considered


functus officio?
• Answer: As soon as the provision is achieved.
SOSC5

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.”
SOSC5

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

0 3 years 6 years, 3 months


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

• Answer: We elected 24 senators


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


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.
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
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
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
SOSC5

TRANSITORY PROVISIONS ON LAWS


& TREATIES
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
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
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
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
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
SOSC5

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

OTHER TRANSITORY PROVISIONS


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)
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
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
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
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
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
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
Questions?

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