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;
.chan
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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
governmental
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 a government under a New
Constitution in the shortest time possible;.chan
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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;.chan
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WHEREFORE,
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
promulgate
the following Provisional Constitution:.chan
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PROVISIONAL
CONSTITUTION
OF THE REPUBLIC OF THE PHILIPPINES
ARTICLE I
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 force and effect and are hereby
adopted in toto as part of this Provisional Constitution.chanrobles virtual law library.chan
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Section
2. The provisions of ARTICLE II (Declaration of Principles and State
Policies),
ARTICLE VII (The President), ARTICLE X (The Judiciary), ARTICLE XI
(Local
Government), ARTICLE XII (The Constitutional Commissions), ARTICLE XIII
(Accountability of Public Officers), ARTICLE XIV (The National Economy
and Patrimony of the Nation), ARTICLE XV (General Provisions) of the1973
Constitution, as amended, are hereby
adopted
as part of this Provisional Constitution, insofar as they are not
inconsistent
with the provisions of this Proclamation.chanrobles virtual law library.chan
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Section
3. ARTICLE VIII (The Batasang Pambansa), ARTICLE IX (The Prime Minister
and the Cabinet), ARTICLE XVI (Amendments), ARTICLE XVII (Transitory
Provisions)
and all amendments thereto are deemed superseded by this Proclamation.chanrobles virtual law library.chan
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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:.chan robles
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law library
(a)
Completely reorganize the government and eradicate unjust and
oppressive
structures, and all iniquitous vestiges of the previous regime;.chan
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(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;.chan robles
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(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,.chan robles
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(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.chanrobles virtual law library.chan
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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.chanrobles virtual law library.chan
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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 Sections 6 and 7, Article IX, respectively, of the1973
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.chanrobles virtual law library.chan
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.chan
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2. All elective and appointive officials and employees under the1973
Constitution shall continue in 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. (See Executive
Order No. 17, to amend this Section 2)..chan
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Section
3. Any public officer or employee 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 accruing 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,
TREATIES, AND CONTRACTS
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.chanrobles virtual law library.chan
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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.chanrobles virtual law library.chan
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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
and to draft a document truly reflective of the ideals and aspirations
of the Filipino people.chanrobles virtual law library.chan
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Section
3. The Commission
shall conduct public hearings to ensure that the people will have
adequate
participation in the formulation of the New
Constitution.chanrobles virtual law library.chan
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Section
4. The plenary sessions of the Commission
shall be public and fully recorded.chanrobles virtual law library.chan
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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.chanrobles virtual law library.chan
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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 not be earlier than the date of the plebiscite
for
the ratification of the New
Constitution.chanrobles virtual law library.chan
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ARTICLE
VII
EFFECTIVE
DATE
Section
1. This Proclamation shall take effect upon its promulgation by
the
President.chanrobles virtual law library.chan
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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.chanrobles virtual law library.chan
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DONE
in the City of Manila, this 25th day of March, in the year of Our Lord,
Nineteen Hundred and Eighty-Six. |