CREATION

Javellana v secretary

50 SCRA 30 Political law Constitutional Law Political Question Validity of the

1973 Constitution Restriction to Judicial Power
In 1973, Marcos ordered the immediate implementation of the new 1973
Constitution. Javellana, a Filipino and a registered voter sought to enjoin the Exec
Sec and other cabinet secretaries from implementing the said constitution. Javellana
averred that the said constitution is void because the same was initiated by the
president. He argued that the President is w/o power to proclaim the ratification by
the Filipino people of the proposed constitution. Further, the election held to ratify
such constitution is not a free election there being intimidation and fraud.
ISSUE: Whether or not the SC must give due course to the petition.
HELD: The SC ruled that they cannot rule upon the case at bar. Majority of the SC
justices expressed the view that they were concluded by the ascertainment made
by the president of the Philippines, in the exercise of his political prerogatives.
Further, there being no competent evidence to show such fraud and intimidation
during the election, it is to be assumed that the people had acquiesced in or
accepted the 1973 Constitution. The question of the validity of the 1973
Constitution is a political question which was left to the people in their sovereign
capacity to answer. Their ratification of the same had shown such acquiescence.

Imbong v Comelec
September 11, 1970
RA 6132: delegates in Constitutional Convention
Petitioner: Imbong
Respondents: Ferrer (Comelec Chair), Patajo, Miraflor (Comelec Members)
Petitioner: Gonzales
Respondent: Comelec

Ponente: Makasiar
RELATED LAWS:
Resolution No 2 (1967) -Calls for Constitutional Convention to be composed of 2
delegates from each representative district who shall be elected in November,
1970.
RA 4919 -implementation of Resolution No 2
Resolution 4 (1969)-amended Resolution 2: Constitutional Convention shall be
composed of 320delegates a proportioned among existing representative districts
according to the population. Provided that each district shall be entitled to 2
delegates.
RA 6132-Concon Act 1970, repealed RA 4919, implemented Res No. 2 & 4.
Sec 4: considers all public officers/employees as resigned when they file their
candidacy
Sec 2: apportionment of delegates
Sec 5: Disqualifies any elected delegate from running for any public office in the
election or from assuming any appointive office/position until the final
adournment of the ConCon.
Par 1 Sec 8: ban against all political parties/organized groups from giving
support/representing a delegate to the convention.
FACTS:
This is a petition for declaratory judgment. These are 2 separate but related
petitions of running candidates for delegates to the Constitutional Convention
assailing the validity of RA 6132.Gonzales: Sec, 2, 4, 5 and Par 1 Sec 8, and validity
of entire law Imbong: Par 1 Sec 8
ISSUE:
Whether the Congress has a right to call for Constitutional Convention and whether
the parameters set by such a call is constitutional.
HOLDING:
The Congress has the authority to call for a Constitutional Convention as a
Constituent Assembly. Furthermore, specific provisions assailed by the petitioners
are deemed as constitutional.
RATIO:
- Sec 4 RA 6132: it is simply an application of Sec 2 Art 12 of Constitution
-Constitutionality of enactment of RA 6132:
Congress acting as Constituent Assembly, has full authority to propose
amendments, or call for convention for the purpose by votes and these votes were
attained by Resolution 2 and 4

- Sec 2 RA 6132: it is a mere implementation of Resolution 4 and is enough that the

basis employed for such apportions is reasonable. Macias case relied by Gonzales is
not reasonable for that case granted more representatives to provinces with less
population and vice versa. In this case, Batanes is equal to the number of delegates
I other provinces with more population.
- Sec 5: State has right to create office and parameters to qualify/disqualify
members thereof. Furthermore, this disqualification is only temporary. This is a
safety mechanism to prevent political figures from controlling elections and to allow
them to devote more time to the Constituional Convention.
- Par 1 Sec 8: this is to avoid debasement of electoral process and also to assure
candidates equal opportunity since candidates must now depend on their individual
merits, and not the support of political parties. This provision does not create
discrimination towards any particular party/group, it applies to all organizations.
DEFENSOR-SANTIAGO vs. COMELEC
(G.R. No. 127325 - March 19, 1997)
Facts:
Private respondent Atty. Jesus Delfin, president of Peoples Initiative for
Reforms,Modernization and Action (PIRMA), filed with COMELEC a petition to amend
the constitution to lift the term limits of elective officials, through Peoples Initiative.
He based this petition on Article XVII, Sec. 2 of the 1987 Constitution, which
provides for the right of the people to exercise the power to directly propose
amendments to the Constitution. Subsequently the COMELEC issued an
order directing the publication of the petition and of the notice of hearing and
thereafter set the case for hearing. At thehearing, Senator Roco, the IBP,
Demokrasya-Ipagtanggol ang Konstitusyon, Public Interest Law Center, and Laban
ng Demokratikong Pilipino appeared as intervenors-oppositors. Senator Roco filed a
motion to dismiss the Delfin petition on the ground that one which is cognizable by
the COMELEC. The petitioners herein Senator Santiago, Alexander Padilla, and Isabel
Ongpin filed this civil action for prohibition under Rule 65 of the Rules of Court
against COMELEC and the Delfin petition rising the several arguments, such as the
following: (1) The constitutional provision on peoples initiative to amend the
constitution can only be implemented by law to be passed by Congress. No such law
has been passed; (2) The peoples initiative is limited to amendments to
the Constitution, not to revision thereof. Lifting of the term limits constitutes a
revision, therefore it is outside the power of peoples initiative. The Supreme Court
granted the Motions for Intervention.
Issues:(1) Whether or not Sec. 2, Art. XVII of the 1987 Constitution is a selfexecuting provision.
(2) Whether or not COMELEC Resolution No. 2300 regarding the conduct of
initiative on amendments to the Constitution is valid, considering the absence in the
law of specific provisions on the conduct of such initiative.

(3) Whether the lifting of term limits of elective officials would constitute a
revision or an amendment of the Constitution.
Held:
Sec. 2, Art XVII of the Constitution is not self executory, thus, without
implementinglegislation the same cannot operate. Although the Constitution has
recognized or granted the right, the people cannot exercise it if Congress does not
provide for its implementation.
The portion of COMELEC Resolution No. 2300 which prescribes rules and
regulations on the conduct of initiative on amendments to the Constitution, is void.
It has been an established rule that what has been delegated, cannot be delegated
(potestas delegata non delegari potest). The delegation of the power to the
COMELEC being invalid, the latter cannot validly promulgate rules and regulations
to implement the exercise of the right to peoples initiative.
The lifting of the term limits was held to be that of a revision, as it would
affect otherprovisions of the Constitution such as the synchronization of elections,
the constitutional guarantee of equal access to opportunities for public service, and
prohibiting political dynasties. A revision cannot be done by initiative. However,
considering the Courts decision in the above Issue, the issue of whether or not the
petition is a revision or amendment has become academic.
LAMBINO vs. COMELEC
G.R. No. 174153, Oct. 25, 2006
(CARPIO, J.)

Requirements for Initiative Petition

Constitutional Amendment vs. Constitutional Revision
Tests to determine whether amendment or revision

FACTS:
The Lambino Group commenced gathering signatures for an initiative petition to
change
the 1987 Constitution and then filed a petition with COMELEC to hold a plebiscite for
ratification under Sec. 5(b) and (c) and Sec. 7 of RA 6735. The proposed changes
under the
petition will shift the present Bicameral-Presidential system to a UnicameralParliamentary form of government. COMELEC did not give it due course for lack of
an enabling law governing initiative petitions to amend the Constitution, pursuant
to Santiago v. Comelec ruling
ISSUES:

Whether or not the proposed changes constitute an amendment or revision

Whether or not the initiative petition is sufficient compliance with the constitutional
requirement on direct proposal by the people
RULING:
Initiative petition does not comply with Sec. 2, Art. XVII on direct proposal
by people
Sec.2, Art. XVII...is the governing provision that allows a peoples initiative to
propose
amendments to the Constitution. While this provision does not expressly state that
the
petition must set forth the full text of the proposed amendments, the deliberations
of the
framers of our Constitution clearly show that: (a) the framers intended to adopt
relevant
American jurisprudence on peoples initiative; and (b) in particular, the people must
first seethe full text of the proposed amendments before they sign, and that the
people must sign on
a petition containing such full text.
The essence of amendments directly proposed by the people through initiative
upon a
petition is that the entire proposal on its face is a petition by the people. This
means two
essential elements must be present.
2 elements of initiative
1. First, the people must author and thus sign the entire proposal. No agent or
representative can sign on their behalf.
2.Second, as an initiative upon a petition, the proposal must be embodied in a
petition.
These essential elements are present only if the full text of the proposed
amendments is
first shown to the people who express their assent by signing such complete
proposal in a
petition. The full text of the proposed amendments may be either written on the
face of the petition, or attached to it. If so attached, the petition must stated the
fact of such
attachment. This is an assurance that every one of the several millions of
signatories to the petition had seen the full text of the proposed amendments
before not after signing.

Moreover, an initiative signer must be informed at the time of signing of the nature
andeffect of that which is proposed and failure to do so is deceptive and
misleading whichrenders the initiative void.
In the case of the Lambino Groups petition, theres not a single word, phrase, or
sentence of text of the proposed changes in the signature sheet. Neither does the
signature sheet state that the text of the proposed changes is attached to it. The
signature sheet merely asks a question whether the people approve a shift from the
Bicameral-Presidential to the Unicameral- Parliamentary system of government. The
signature sheet does not show to the people the draft of the proposed changes
before they are asked to sign the signature sheet. This omission is fatal.
An initiative that gathers signatures from the people without first showing to the
people
the full text of the proposed amendments is most likely a deception, and can
operate as a
gigantic fraud on the people. Thats why the Constitution requires that an initiative
must be directly proposed by the people x x x in a petition - meaning that the
people must sign on a petition that contains the full text of the proposed
amendments. On so vital an issue as amending the nations fundamental law, the
writing of the text of the proposed
amendments cannot be hidden from the people under a general or special power of
attorney to unnamed, faceless, and unelected individuals.
The initiative violates Section 2, Article XVII of the Constitution
disallowing revision through initiatives article XVII of the Constitution
speaks of three modes of amending the Constitution.
The first mode is through Congress upon three-fourths vote of all its Members. The
second mode is through a constitutional convention. The third mode is through a
peoples initiative.
Section 1 of Article XVII, referring to the first and second modes, applies to any
amendment to, or revision of, this Constitution. In contrast, Section 2 of Article
XVII, referring to the third mode, applies only to amendments to this Constitution.
This distinction was intentional as shown by the deliberations of the Constitutional
Commission. A peoples initiative to change the Constitution applies only to an
amendment of the Constitution and not to its revision. In contrast, Congress or a
constitutional convention can propose both amendments and revisions to the
Constitution.
Does the Lambino Groups initiative constitute a revision of the
Constitution?
Yes. By any legal test and under any jurisdiction, a shift from a BicameralPresidential to a Unicameral-Parliamentary system, involving the abolition of the

Office of the President and the abolition of one chamber of Congress, is beyond
doubt a revision, not a mere
amendment.

Amendment vs. Revision

Courts have long recognized the distinction between an amendment and a revision
of a
constitution. Revision broadly implies a change that alters a basic principle in the
constitution, like altering the principle of separation of powers or the system of
checks-and-balances. There is also revision if the change alters the substantial
entirety of the
constitution, as when the change affects substantial provisions of the constitution.
On the
other hand, amendment broadly refers to a change that adds, reduces, or deletes
without
altering the basic principle involved. Revision generally affects several provisions of
the
constitution, while amendment generally affects only the specific provision being
amended. Where the proposed change applies only to a specific provision of the
Constitution without affecting any other section or article, the change may generally
be considered an amendment and not a revision.
For example, a change reducing the voting age from 18years to 15 years is an
amendment and not a revision.
Similarly, a change reducing Filipino ownership of mass media companies from
100% to 60% is an amendment and not a
revision.
Also, a change requiring a college degree as an additional qualification for election
to the Presidency is an amendment and not a revision.
The changes in these examples do not entail any modification of sections or articles
of theConstitution other than the specific provision being amended. These changes
do not alsoaffect the structure of government or the system of checks-and-balances
among or withinthe three branches.
However, there can be no fixed rule on whether a change is an amendment or a
revision. A change in a single word of one sentence of the Constitution may be a
revision and not an amendment. For example, the substitution of the word
republican with monarchic or
theocratic in Section 1, Article II of the Constitution radically overhauls the entire
structure

of government and the fundamental ideological basis of the Constitution. Thus,

each specific
change will have to be examined case-by-case, depending on how it affects other
provisions,
as well as how it affects the structure of government, the carefully crafted system of
checks-and-balances, and the underlying ideological basis of the existing
Constitution.
Since a revision of a constitution affects basic principles, or several provisions of a
constitution, a deliberative body with recorded proceedings is best suited to
undertake a
revision. A revision requires harmonizing not only several provisions, but also the
altered
principles with those that remain unaltered. Thus, constitutions normally authorize
deliberative bodies like constituent assemblies or constitutional conventions to
undertake
revisions. On the other hand, constitutions allow peoples initiatives, which do not
have fixed &identifiable deliberative bodies or recorded proceedings, to undertake
only amendments & not revisions.

Tests to determine whether amendment or revision

In California where the initiative clause allows amendments but not revisions to the
constitution just like in our Constitution, courts have developed a two-part test: the
quantitative test and the qualitative test. The quantitative test asks whether the
proposed
change is so extensive in its provisions as to change directly the substantial entirety
of the constitution by the deletion or alteration of numerous existing provisions. The
court
examines only the number of provisions affected and does not consider the degree
of the
change.
The qualitative test inquires into the qualitative effects of the proposed change in
the
constitution. The main inquiry is whether the change will accomplish such far
reaching
changes in the nature of our basic governmental plan as to amount to a revision.
Whether
there is an alteration in the structure of government is a proper subject of inquiry.
Thus, a

change in the nature of [the] basic governmental plan includes change in its
fundamental
framework or the fundamental powers of its Branches. A change in the nature of the
basic
governmental plan also includes changes that jeopardize the traditional form of
government & the system of check and balances
Under both the quantitative and qualitative tests, the Lambino Groups initiative is a
revision &Not merely an amendment. Quantitatively, the Lambino Groups proposed
changes overhaul two articles - Article VI on the Legislature and Article VII on the
Executive -affecting a total of 105 provisions in the entire Constitution. Qualitatively,
the proposed changes alter substantially the basic plan of government, from
presidential to
parliamentary, and from a bicameral to a unicameral legislature.
A change in the structure of government is a revision
A change in the structure of government is a revision of the Constitution, as when
the three great co-equal branches of government in the present Constitution are
reduced into two. This alters the separation of powers in the Constitution. A shift
from the present Bicameral-Presidential system to a Unicameral-Parliamentary
system is a revision of the Constitution.
Merging the legislative and executive branches is a radical change in the structure
of
government. The abolition alone of the Office of the President as the locus of
Executive
Power alters the separation of powers and thus constitutes a revision of the
Constitution.
Likewise, the abolition alone of one chamber of Congress alters the system of
checks-and-balances within the legislature and constitutes a revision of the
Constitution.
The Lambino Group theorizes that the difference between amendment and revision
is only one of procedure, not of substance. The Lambino Group posits that when a
deliberative body drafts and proposes changes to the Constitution, substantive
changes are called revisions because members of the deliberative body work fulltime on the changes. The same substantive changes, when proposed through an
initiative, are called amendments because the changes are made by ordinary
people who do not make an occupation, profession, or vocation out of such
endeavor. The SC, however, ruled that the express intent of the framers and the
plain language of the Constitution contradict the Lambino Groups theory. Where the

intent of the framers and the language of the Constitution are clear and plainly
stated, courts do not deviate from such categorical intent and language.
RA 6735
Republic Act No. 6735

August 4, 1989

AN ACT PROVIDING FOR A SYSTEM OF INITIATIVE AND REFERENDUM AND

APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled::
I. General Provisions
Section 1. Title. This Act shall be known as "The Initiative and Referendum
Act."
Section 2. Statement of Policy. The power of the people under a system of
initiative and referendum to directly propose, enact, approve or reject, in whole or in
part, the Constitution, laws, ordinances, or resolutions passed by any legislative
body upon compliance with the requirements of this Act is hereby affirmed,
recognized and guaranteed.
Section 3. Definition of Terms. For purposes of this Act, the following terms
shall mean:
(a) "Initiative" is the power of the people to propose amendments to the
Constitution or to propose and enact legislations through an election called
for the purpose.
There are three (3) systems of initiative, namely:
a.1 Initiative on the Constitution which refers to a petition proposing
amendments to the Constitution;
a.2. Initiative on statutes which refers to a petition proposing to enact
a national legislation; and
a.3. Initiative on local legislation which refers to a petition proposing to
enact a regional, provincial, city, municipal, or barangay law, resolution
or ordinance.

(b) "Indirect initiative" is exercise of initiative by the people through a

proposition sent to Congress or the local legislative body for action.
(c) "Referendum" is the power of the electorate to approve or reject a
legislation through an election called for the purpose. It may be of two
classes, namely:
c.1. Referendum on statutes which refers to a petition to approve or
reject an act or law, or part thereof, passed by Congress; and
c.2. Referendum on local law which refers to a petition to approve or
reject a law, resolution or ordinance enacted by regional assemblies
and local legislative bodies.
(d) "Proposition" is the measure proposed by the voters.
(e) "Plebiscite" is the electoral process by which an initiative on the
Constitution is approved or rejected by the people.
(f) "Petition" is the written instrument containing the proposition and the
required number of signatories. It shall be in a form to be determined by and
submitted to the Commission on Elections, hereinafter referred to as the
Commission.
(g) "Local government units" refers to provinces, cities, municipalities and
barangays.
(h) "Local legislative bodies" refers to the Sangguniang Panlalawigan,
Sangguniang Panlungsod, Sangguniang Bayan, and Sangguniang Nayon.
(i) "Local executives" refers to the Provincial Governors, City or Municipal
Mayors and Punong Barangay, as the case may be.
Section 4. Who may exercise. The power of initiative and referendum may be
exercised by all registered voters of the country, autonomous regions, provinces,
cities, municipalities and barangays.
Section 5. Requirements. (a) To exercise the power of initiative or referendum,
at least ten per centum (10%) of the total number of the registered voters, of which
every legislative district is represented by at least three per centum (3%) of the
registered voters thereof, shall sign a petition for the purpose and register the same
with the Commission.

(b) A petition for an initiative on the 1987 Constitution must have at least
twelve per centum (12%) of the total number of registered voters as
signatories, of which every legislative district must be represented by at least
three per centum (3%) of the registered voters therein. Initiative on the
Constitution may be exercised only after five (5) years from the ratification of
the 1987 Constitution and only once every five (5) years thereafter.
(c) The petition shall state the following:
c.1. contents or text of the proposed law sought to be enacted,
approved or rejected, amended or repealed, as the case may be;
c.2. the proposition;
c.3. the reason or reasons therefor;
c.4. that it is not one of the exceptions provided herein;
c.5. signatures of the petitioners or registered voters; and
c.6. an abstract or summary in not more than one hundred (100) words
which shall be legibly written or printed at the top of every page of the
petition.
(d) A referendum or initiative affecting a law, resolution or ordinance passed
by the legislative assembly of an autonomous region, province or city is
deemed validly initiated if the petition thereof is signed by at least ten per
centum (10%) of the registered voters in the province or city, of which every
legislative district must be represented by at least three per centum (3%) of
the registered voters therein; Provided, however, That if the province or city
is composed only of one (1) legislative district, then at least each municipality
in a province or each barangay in a city should be represented by at least
three per centum (3%) of the registered voters therein.
(e) A referendum of initiative on an ordinance passed in a municipality shall
be deemed validly initiated if the petition therefor is signed by at least ten
per centum (10%) of the registered voters in the municipality, of which every
barangay is represented by at least three per centum (3%) of the registered
voters therein.
(f) A referendum or initiative on a barangay resolution or ordinance is
deemed validly initiated if signed by at least ten per centum (10%) of the
registered voters in said barangay.

Section 6. Special Registration. The Commission on Election shall set a

special registration day at least three (3) weeks before a scheduled initiative or
referendum.
Section 7. Verification of Signatures. The Election Registrar shall verify the
signatures on the basis of the registry list of voters, voters' affidavits and voters
identification cards used in the immediately preceding election.
II. National Initiative and Referendum
SECTION 8. Conduct and Date of Initiative or Referendum. The
Commission shall call and supervise the conduct of initiative or referendum.
Within a period of thirty (30) days from receipt of the petition, the Commission shall,
upon determining the sufficiency of the petition, publish the same in Filipino and
English at least twice in newspapers of general and local circulation and set the
date of the initiative or referendum which shall not be earlier than forty-five (45)
days but not later than ninety (90) days from the determination by the Commission
of the sufficiency of the petition.
Section 9. Effectivity of Initiative or Referendum Proposition. (a) The
Proposition of the enactment, approval, amendment or rejection of a national law
shall be submitted to and approved by a majority of the votes cast by all the
registered voters of the Philippines.
If, as certified to by the Commission, the proposition is approved by a
majority of the votes cast, the national law proposed for enactment, approval,
or amendment shall become effective fifteen (15) days following completion
of its publication in the Official Gazette or in a newspaper of general
circulation in the Philippines. If, as certified by the Commission, the
proposition to reject a national law is approved by a majority of the votes
cast, the said national law shall be deemed repealed and the repeal shall
become effective fifteen (15) days following the completion of publication of
the proposition and the certification by the Commission in the Official Gazette
or in a newspaper of general circulation in the Philippines.
However, if the majority vote is not obtained, the national law sought to be
rejected or amended shall remain in full force and effect.
(b) The proposition in an initiative on the Constitution approved by a majority
of the votes cast in the plebiscite shall become effective as to the day of the
plebiscite.

(c) A national or local initiative proposition approved by majority of the votes

cast in an election called for the purpose shall become effective fifteen (15)
days after certification and proclamation by the Commission.
Section 10. Prohibited Measures. The following cannot be the subject of an
initiative or referendum petition:
(a) No petition embracing more than one (1) subject shall be submitted to the
electorate; and
(b) Statutes involving emergency measures, the enactment of which are
specifically vested in Congress by the Constitution, cannot be subject to
referendum until ninety (90) days after its effectivity.
Section 11. Indirect Initiative. Any duly accredited people's organization, as
defined by law, may file a petition for indirect initiative with the House of
Representatives, and other legislative bodies. The petition shall contain a summary
of the chief purposes and contents of the bill that the organization proposes to be
enacted into law by the legislature.
The procedure to be followed on the initiative bill shall be the same as the
enactment of any legislative measure before the House of Representatives except
that the said initiative bill shall have precedence over the pending legislative
measures on the committee.
Section 12. Appeal. The decision of the Commission on the findings of the
sufficiency or insufficiency of the petition for initiative or referendum may be
appealed to the Supreme Court within thirty (30) days from notice thereof.
III. Local Initiative and Referendum
SECTION 13. Procedure in Local Initiative. (a) Not less than two thousand
(2,000) registered voters in case of autonomous regions, one thousand (1,000) in
case of provinces and cities, one hundred (100) in case of municipalities, and fifty
(50) in case of barangays, may file a petition with the Regional Assembly or local
legislative body, respectively, proposing the adoption, enactment, repeal, or
amendment, of any law, ordinance or resolution.
(b) If no favorable action thereon is made by local legislative body within (30)
days from its presentation, the proponents through their duly authorized and
registered representative may invoke their power of initiative, giving notice
thereof to the local legislative body concerned.

(c) The proposition shall be numbered serially starting from one (1). The
Secretary of Local Government or his designated representative shall extend
assistance in the formulation of the proposition.
(d) Two or more propositions may be submitted in an initiative.
(e) Proponents shall have one hundred twenty (120) days in case of
autonomous regions, ninety (90) days in case of provinces and cities, sixty
(60) days in case of municipalities, and thirty (30) days in case of barangays,
from notice mentioned in subsection (b) hereof to collect the required number
of signatures.
(f) The petition shall be signed before the Election Registrar, or his designated
representative, in the presence of a representative of the proponent, and a
representative of the regional assemblies and local legislative bodies
concerned in a public place in the autonomous region or local government
unit, as the case may be. Signature stations may be established in as many
places as may be warranted.
(g) Upon the lapse of the period herein provided, the Commission on
Elections, through its office in the local government unit concerned shall
certify as to whether or not the required number of signatures has been
obtained. Failure to obtain the required number is a defeat of the proposition.
(h) If the required number of the signatures is obtained, the Commission shall
then set a date for the initiative at which the proposition shall be submitted
to the registered voters in the local government unit concerned for their
approval within ninety (90) days from the date of certification by the
Commission, as provided in subsection (g) hereof, in case of autonomous
regions, sixty (60) days in case of the provinces and cities, forty-five (45)
days in case of municipalities, and thirty (30) days in case of barangays. The
initiative shall then be held on the date set, after which the results thereof
shall be certified and proclaimed by the Commission on Elections.
Section 14. Effectivity of Local Propositions. If the proposition is approved
by a majority of the votes cast, it shall take effect fifteen (15) days after certification
by the Commission as if affirmative action thereon had been made by the local
legislative body and local executive concerned. If it fails to obtain said number of
votes, the proposition is considered defeated.
Section 15. Limitations on Local Initiatives. (a) The power of local initiative
shall not be exercised more than once a year.

(b) Initiative shall extend only to subjects or matters which are within the
legal powers of the local legislative bodies to enact.
(c) If at any time before the initiative is held, the local legislative body shall
adopt in toto the proposition presented, the initiative shall be cancelled.
However, those against such action may, if they so desire, apply for initiative
in the manner herein provided.
Section 16. Limitations Upon Local Legislative Bodies. Any proposition or
ordinance or resolution approved through the system of initiative and referendum
as herein provided shall not be repealed, modified or amended, by the local
legislative body concerned within six (6) months from the date therefrom, and may
be amended, modified or repealed by the local legislative body within three (3)
years thereafter by a vote of three-fourths (3/4) of all its members: Provided,
however, that in case of barangays, the period shall be one (1) year after the
expiration of the first six (6) months.
Section 17. Local Referendum. Notwithstanding the provisions of Section 4
hereof, any local legislative body may submit to the registered voters of
autonomous region, provinces, cities, municipalities and barangays for the approval
or rejection, any ordinance or resolution duly enacted or approved.
Said referendum shall be held under the control and direction of the Commission
within sixty (60) days in case of provinces and cities, forty-five (45) days in case of
municipalities and thirty (30) days in case of barangays.
The Commission shall certify and proclaim the results of the said referendum.
Section 18. Authority of Courts. Nothing in this Act shall prevent or preclude
the proper courts from declaring null and void any proposition approved pursuant to
this Act for violation of the Constitution or want of capacity of the local legislative
body to enact the said measure.
IV. Final Provisions
SECTION 19. Applicability of the Omnibus Election Code. The Omnibus
Election Code and other election laws, not inconsistent with the provisions of this
Act, shall apply to all initiatives and referenda.
Section 20. Rules and Regulations. The Commission is hereby empowered to
promulgate such rules and regulations as may be necessary to carry out the
purposes of this Act.

Section 21. Appropriations. The amount necessary to defray the cost of the
initial implementation of this Act shall be charged against the Contingent Fund in
the General Appropriations Act of the current year. Thereafter, such sums as may be
necessary for the full implementation of this Act shall be included in the annual
General Appropriations Act.
Section 22. Separability Clause. If any part or provision of this Act is held
invalid or unconstitutional, the other parts or provisions thereof shall remain valid
and effective.
Section 23. Effectivity. This Act shall take effect fifteen (15) days after its
publication in a newspaper of general circulation.
Approved: August 4, 1989
EFFECTIVITY
MANILA
Proclamation no.1
MALACANANG
MANILA
PROCLAMATION NO. 1
Sovereignty resides in the people and all government authority emanates from
them.
On the basis of the peoples mandate clearly manifested last February 7, I and
Salvador H. Laurel are taking power in the name and by the will of the Filipino
people as President and Vice President, respectively.
The people expect a reorganization of government. Merit will be rewarded. As a first
step to restore public confidence I expect all appointed public officials to submit
their courtesy resignations beginning with the members of the Supreme Court.
I pledge to do justice to the numerous victims of human rights violations.
Consistent with the demands of the sovereign people, we pledge a government
dedicated to uphold truth and justice, morality and decency in government,
freedom and democracy.
To help me run the government, I have issued Executive Order No. 1 dated February
25, 1986 appointing key cabinet ministers and creating certain task forces.

I ask our people not to relax but to be even more vigilant in this one moment of
triumph. The Motherland cannot thank them enough. Yet, we all realize that more is
required of each and everyone of us to redeem our promises and prove to create a
truly just society for our people.
This is just the beginning. The same spirit which animated our campaign, and has
led to our triumph, will once more prevail, by the power of the people and by the
grace of God.
Done in the City of Manila, this 25th of February in the year of Our Lord, nineteen
hundred and eighty-six.
(SGD.) CORAZON C.
AQUINO
President

Proclamation no. 3
MALACANANG
MANILA
BY THE PRESIDENT OF THE PHILIPPINES
PROCLAMATION NO. 3
DECLARING A NATIONAL POLICY TO IMPLEMENT REFORMS MANDATED BY
THE PEOPLE PROTECTING THEIR BASIC RIGHTS, ADOPTING A PROVISIONAL
CONSTITUTION, AND PROVIDING FOR AN ORDERLY TRANSITION TO A
GOVERNMENT UNDER A NEW CONSTITUTION
WHEREAS, the new government was installed through a direct exercise of the
power of the Filipino people assisted by units of the New Armed Forces of the
Philippines;
WHEREAS, the heroic action of the people was done in defiance of the provisions of
the 1973 Constitution, as amended;
WHEREAS, the direct mandate of the people as manifested by their extraordinary
action demands the complete reorganization of the government, restoration of
democracy, protection of basic rights, rebuilding of confidence in the entire
government system, eradication of graft and corruption, restoration of peace and

order, maintenance of the supremacy of civilian authority over the military, and the
transition to government under a New Constitution in the shortest time possible;
WHEREAS, during the period of transition to a New Constitution it must be
guaranteed that the government will respect basic human rights and fundamental
freedoms;
WHEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by virtue of
the power vested in me by the sovereign mandate of the people; do hereby
promulgate the following Constitution:
PROVISIONAL CONSTITUTION
OF
THE REPUBLIC OF THE PHILIPPINES
ARTICLE 1
ADOPTION OF CERTAIN PROVISIONS OF THE
1973 CONSTITUTION, AS AMENDED
SECTION 1. The provisions of ARTICLE I (National Territory), ARTICLE III (Citizenship),
ARTICLE IV (Bill of Rights), ARTICLE V (Duties and Obligations of Citizens), and
ARTICLE VI (Suffrage) of the 1973 Constitution, as amended, remain in the force and
effect and are hereby adopted in toto as part of this Provisional Constitution.
SECTION 2. The provision of ARTICLE II (Declaration of Principles and State Policies),
ARTICLE VII (The President), ARTICLE X (The Judiciary), ARTICLE XI (Local
Government), ARTICLE XIII (Accountability of Public Officers), ARTICLE XIV (The
National Economy and Patrimony of the Nation), ARTICLE XV (General Provisions) of
the 1973 Constitution, as amended, are hereby adopted as part of this Provisional
Constitution, as amended, are hereby adopted as part of this Provisional
Constitution, insofar as they are not inconsistent with the provisions of this
Proclamation.
ARTICLE II
THE PRESIDENT,
THE VICE-PRESIDENT, AND THE CABINET
SECTION 1. Until a legislature is elected and convened under a New Constitution,
the President shall continue to exercise legislative power.
The President shall give priority to measures to achieve the mandate of the people
to:

a)
Completely reorganize the government and eradicate unjust and oppressive
structures, and all iniquitous vestiges of the previous regime;
b)
Make effective the guarantees of civil, political, human, social, economic and
cultural rights and freedoms of the Filipino people, and provide remedies against
violations thereof;
c)
Rehabilitate the economy and promote the nationalist aspirations of the
people;
d)
Recover ill-gotten properties amassed by the leaders and supporters of the
previous regime and protect the interest of the people through orders of
sequestration or freezing of assets of accounts;
e)
Eradicate graft and corruption in government and punish those guilty thereof;
and,
f)
Restore peace and order, settle the problem of insurgency, and pursue
national reconciliation based on justice.
SECTION 2. The President shall be assisted by a Cabinet which shall be composed of
Ministers with or without portfolio who shall be appointed by the President. They
shall be accountable to and hold office at the pleasure of the President.
SECTION 3. The President shall have control of and exercise general supervision
over all local governments.
SECTION 4. In case of permanent vacancy arising from death, incapacity or
resignation of the President, the Vice-President shall become President.
In case of death, permanent incapacity, or resignation of the Vice-President, the
Cabinet shall choose from among themselves the Minister with portfolio who shall
act as President.
SECTION 5. The Vice-President may be appointed Member of the Cabinet and may
perform such other functions as may be assigned to him by the President.
SECTION 6. The President, the Vice-President, and the Members of the Cabinet shall
be subject to the disabilities provided for in Section 8, Article VII, and in Section 6
and 7 Article IX, respectively, of the 1973 Constitution, as amended.
ARTICLE III
GOVERNMENT REORGANIZATION

SECTION 1. In the reorganization of the government, priority shall be given to

measures to promote economy, efficiency, and the eradication of graft and
corruption.
SECTION 2. All elective and appointive officials and employees under the 1973
Constitution shall continue in the office until otherwise provided by proclamation or
executive order or upon the designation or appointment and qualification of their
successors, if such is made within a period of one year from February 25, 1986.
SECTION 3. Any public office or employees separated from the service as a result of
the reorganization effected under this Proclamation shall, if entitled under the laws
then in force, receive the retirement and other benefits accuring thereunder.
SECTION 4. The records, equipment, buildings, facilities and other properties of all
government offices shall be carefully preserved. In case any office or body is
abolished or reorganized pursuant to this Proclamation, its funds and properties
shall be transferred to the office or body to which its powers, functions, and
responsibilities substantially pertain.
ARTICLE IV
EXISTING LAWS
SECTION 1. All existing laws, decrees, executive orders, proclamations, letters of
instruction, implementing rules and regulations, and other executive issuances not
inconsistent with this Proclamation shall remain operative until amended, modified,
or repealed by the President or the regular legislative body to be established under
a New Constitution.
SECTION 2. The President may review all contracts, concessions, permits, or other
forms of privileges for the exploration, development, exploitation, or utilization of
natural resources entered into, granted, issued, or acquired before the date of this
proclamation and when the national interest requires, amend, modify, or revoke
them.
ARTICLE V
ADOPTION OF A NEW CONSTITUTION
SECTION 1. Within sixty (60) days from date of this Proclamation, a Commission
shall be appointed by the President to draft a New Constitution. The Commission
shall be composed of not less than thirty (30) nor more than fifty (50) natural born
citizens of the Philippines, of recognized probity, known for their independence,
nationalism and patriotism. They shall be chosen by the President after consultation
with various sectors of society.

SECTION 2. The Commission shall complete its work within as short a period as may
be consistent with the need both to hasten the return of normal constitutional
government to draft a document truly reflective of the ideals and aspirations of the
Filipino people.
SECTION 3. The Commission shall conduct public hearings to insure that the people
will have adequate participation in the formulation of the New Constitution.
SECTION 4. The plenary session of the Commission shall be public and fully
recorded.
SECTION 5. The New Constitution shall be presented by the Commission to the
President who shall fix the date for the holding of a plebiscite. It shall become valid
and effective upon ratification by a majority of the votes cast in such plebiscite
which shall be held within a period of sixty (60) days following its submission to the
President.
ARTICLE VI
HOLDING OF ELECTIONS
SECTION 1. National elections shall be held as may be provided by the New
Constitution.
SECTION 2. Local elections shall be held on a date to be determined by the
President which shall be held on a date to be determined by the President which
shall not be earlier than the date of the plebiscite for the ratification of the New
Constitution.
ARTICLE VII
EFFECTIVE DATE
SECTION 1. This Proclamation shall take effect upon its promulgation by the
President.
SECTION 2. Pursuant to the letter and spirit of this Proclamation, a consolidated
official text of the Provisional Constitution shall be promulgated by the President
and published in English and Pilipino in the official Gazette and in newspapers of
general circulation to insure widespread dissemination.
DONE in the City of Manila, the 25th of March, in the year of Our Lord, Nineteen
Hundred and Eighty-Six.
(Sgd.) CORAZON C. AQUINO

By the President:
(SGD.) JOKER P. ARROYO
Executive Secretary

ART. XVII, SEC 27, 1987 CONSTITUTION

CONSTITUTION
TRANSITORY PROVISIONS
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 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.
Sec. 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 election in 1992, the first twelve obtaining the
highest number of votes shall serve for six years and the remaining twelve for three
years.
Sec. 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.
Sec. 4. All existing treaties or international agreements which have not been
ratified shall not be renewed or extended without the concurrence of at least twothirds of all the Members of the Senate.
Sec. 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.
Sec. 6. The incumbent President shall continue to exercise legislative powers until
the first Congress is convened.

Sec. 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), Sec. 5 of Article VI of this Constitution.
Sec. 8. Until otherwise provided by the Congress, the President may constitute the
Metropolitan Authority to be composed of the heads of all local government units
comprising the Metropolitan Manila area.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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 quasijudicial bodies.
Sec. 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.
Sec. 14. The provisions of paragraphs (3) and (4), Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 18. At the earliest possible time, the Government shall increase the salary
scales of the other officials and employees of the National Government.
Sec. 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.
Sec. 20. The first Congress shall give priority to the determination of the period for
the full implementation of free public secondary education.
Sec. 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.
Sec. 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.
Sec. 23. Advertising entities affected by paragraph (2), Sec. 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.
Sec. 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.
Sec. 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.
Sec. 26. The authority to issue sequestration or freeze orders under Proclamation
No. 3 dated March 25, 1986 in relation to the recovery of ill-gotten 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 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.
Sec. 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.

PROCLAMATION NO. 58
Signed on February 11, 1987
MALACANANG
MANILA
BY THE PRESIDENT OF THE PHILIPPINES
PROCLAMATION NO. 58
PROCLAIMING THE RATIFICATION OF THE CONSTITUTION OF THE REPUBLIC
OF THE PHILIPPINES ADOPTED BY THE CONSTITUTIONAL COMMISSION OF
1986, INCLUDING THE ORDINANCE APPENDED THERETO
WHEREAS, the Constitutional Commission of 1986 adopted the Constitution of the
Republic of the Philippines on October 15, 1986, together with the Ordinance
appended thereto, which shall become valid and effective upon ratification by a
majority of the votes cast in a plebiscite called for the purpose;

WHEREAS, the Commission on Elections, sitting as the national board of

canvassers for the February 2, 1987 plebiscite on the proposed Constitution,
certified that:
(1) The Commission on Elections canvassed the returns from 83,288 voting
precincts throughout the country involving 21,785,216 votes cast; and
(2) On the basis of the canvass made by the Commission on Elections, the results
thereof are as follows:
(a)

Affirmative votes:

16,622,111

(b)

Negative Votes:

4,953,375

(c)

Abstentions:

209,730

A copy of the Certificate of Canvass of the Votes Cast in the Plebiscite Held on
February 2, 1987, of the Commission on Elections dated February 7, 1987 is hereto
attached as Annex A of this Proclamation.
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by
virtue of the powers vested in me by the sovereign mandate of the people, do
hereby proclaim that the Constitution of the Republic of the Philippines adopted by
the Constitutional Commission of 1986, including the Ordinance appended thereto,
has been duly ratified by the Filipino people and is therefore effective and in full
force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the
Republic of the Philippines to be affixed.
DONE in the City of Manila, this 11th day of February, in the year of Our Lord,
Nineteen Hundred and Eighty-Seven.
(Sgd.) CORAZON C. AQUINO
By the President:
(SGD.) JOKER P. ARROYO
Executive Secretary
CERTIFICATE OF VOTES CAST IN THE FEBRUARY 2, 1987 PLEBISCITE ON THE
1986 PROPOSED CONSTITUTION

We, the undersigned Chairman and Commissioners of the Commission on Elections,

sitting en banc at the Session Hall of the Commission on Elections, Intramuros,
Manila, Philippines, as the National Board of Canvassers for the Plebiscite on the
1986 proposed Constitution held on February 2, 1987 do hereby certify:
I PLEBISCITE QUESTION
That pursuant to Section 5, Article V of Proclamation No. 3 and Section 14 of
Proclamation No. 9, as amended, the following question was submitted to the
Filipino people:
QUESTION: DO YOU VOTE FOR THE RATIFICATION OF THE PROPOSED
CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES WITH THE ORDINANCE
APPENDED THERETO?
II CANVASS
That on the basis of the certificates of canvass duly authenticated, certified and
submitted to the Commission on Elections by Seventy (70) Provincial Boards Of
Canvassers, and six (6) District Boards of Canvassers in , Metro Manila, we publicly
canvassed, with notice to, and in the presence of the representatives of the major
political parties and the citizens arm of the Commission, the votes cast in the
Plebiscite starting at 10:00 oclock a.m. on February 4, 1987 and continuing
everyday thereafter until 4:40 oclock P.M. of February 7, 1987;
III DECLARATION OF RESULTS
That after said canvass, we hereby declare the results thereof to be as follows:
Affirmative Votes (YES)

Percent

16,622,111

76.30%

Negative Votes (NO)

Percent

4,953,375

22.74%

Abstentions

Percent

209,780

0.96%

QUESTION: DO YOU VOTE FOR THE RATIFICATION OF THE PROPOSED

CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES WITH THE ORDINANCE
APPENDED THERETO?
That the foregoing affirmative votes constitute a majority of the total number of
votes cast in Plebiscite;
That the above results, represent the returns from 83,288 out of 86,505 precincts
throughout the country and 87.04% percent of the total number of registered voters
nationwide;
That when the Commission adjourned, only the certificates of canvess from the
provinces of Eastern Samar, Tawi-Tawi, Zamboanga del Sur, and Pagadian City were
still unreported and unaccounted for, representing a total of 509,173 registered
voters, which can not affect the final outcome of the Plebiscite.
IN WITNESS WHEREOF, We, the Chairman and Commissioners of the Commission on
Elections, have set our hands and caused the seal of the Commission to be affixed
hereunto in the City of Manila, Philippines, this 7th day of February, 1987.
ARTICLE 7, NEW CIVIL CODE
Repeal of Laws
Art. 7, New Civil Code. Laws are repealed only by subsequent ones, and their
violation or non observance shall not be excused by disuse,or custom or practice to
the contrary.
When the courts declare a law to be inconsistent with the constitution, the former
shall be void and the latter shall govern. Administrative or executive acts, orders
and regulations shall be valid ony when they are not contrary to laws or the
constitution.
How laws are repealed:
1. Expressly- by direct act of congress.
2. Impliedly- occurring inconsistencies on all points between a prior and a
subsequent law.

LAWYERS LEAGUE V AQUINO

FACTS:
On February 25, 1986, President Corazon Aquino issued Proclamation No. 1
announcing that she and Vice President Laurel were taking power.
On March 25, 1986, proclamation No.3 was issued providing the basis of the Aquino
government assumption of power by stating that the new government was
installed through a direct exercise of the power of the Filipino people assisted by
units of the New Armed Forces of the Philippines.
ISSUE:
Whether or not the government of Corazon Aquino is legitimate
Decision:
As early as April 10, 1986, this Court* had already voted to dismiss the petitions for
the reasons to be stated below.
On April 17, 1986, Atty. Lozano as counsel for the petitioners in G.R. Nos. 73748 and
73972 withdrew the petitions and manifested that they would pursue the question
by extra-judicial methods. The withdrawal is functus oficio.
The legitimacy of the Aquino government is not a justiciable matter. It belongs to
the realm of politics where only the people of the Philippines are the judge. And the
people have made the judgment; they have accepted the government of President
Corazon C. Aquino
The community of nations has recognized the legitimacy of the present
government. All the eleven members of this Court, as reorganized, have sworn to
uphold the fundamental law of the Republic under her government.