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PRESIDENTIAL DECREE NO. 1033
PRESIDENTIAL DECREE NO. 1033 -
STATING THE QUESTIONS TO BE SUBMITTED TO THE PEOPLE IN THE
REFERENDUM-PLEBISCITE ON OCTOBER 16, 1976
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WHEREAS,
when the people expressed their continued opposition to the convening
of the interim National Assembly, their opposition was based on the
general unacceptability of said interim body as constituted under
Section 2 of Article XVII of the new Constitution, thus showing the
people's desire to have such body abolished and replaced by amending
the Constitution;chanroblesvirtualawlibrary
WHEREAS, the incumbent President in his desire to consult the people as
to how the corresponding amendment is to be made, issued P.D. No. 991
calling for a national referendum on October 16, 1976 to decide, among
others, this particular issue of the existence of the interim assembly,
its replacement and the powers and functions of the body which is to
replace it;chanroblesvirtualawlibrary
WHEREAS, the people through the barangays and sanggunians have likewise
manifested their wish that the constitutional amendment providing for
the new interim legislative body be submitted to the people directly in
the October 16, 1976 referendum-plebiscite.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
decree:cralaw:red
Section 1. The questions to be submitted to the
people in the referendum-plebiscite to be held on October 16, 1976
shall be as follows:cralaw:red
(1) Do you want martial law to be continued?
(2) Whether or not you want martial law to be
continued, do you approve the following amendments to the Constitution?
For the purpose of the second question, the referendum shall have the
effect of a plebiscite within the contemplation of Section 2 of Article
XVI of the Constitution.
PROPOSED AMENDMENTS:cralaw:red
1. There shall be, in lieu of the Interim National
Assembly, an interim Batasang Pambansa, Members of the interim Batasang
Pambansa which shall not be more than 120, unless otherwise provided by
law, shall include the incumbent President of the Philippines,
representatives elected from the different regions of the nation, those
who shall not be less than eighteen years of age elected by their
respective sectors, and those chosen by the incumbent President from
the members of the Cabinet. Regional representatives shall be
apportioned among the regions in accordance with the number of their
respective inhabitants and on the basis of a uniform and progressive
ratio while the sectors shall be determined by law. The number of
representatives from each region or sector and the manner of their
election shall be prescribed and regulated by law.
2. The interim Batasang Pambansa shall have the same
powers and its members shall have the same functions, responsibilities,
rights, privileges, and disqualifications as the interim National
Assembly and the regular National Assembly and the members thereof.
However, it shall not exercise the power provided in Article VIII,
Section 14(1) of the Constitution.
3. The incumbent President of the Philippines shall,
within 30 days from the election and selection of the members, convene
the interim Batasang Pambansa and preside over its sessions until the
Speaker shall have been elected. The incumbent President of the
Philippines shall be the Prime Minister and he shall continue to
exercise all his powers even after the interim Batasang Pambansa is
organized and ready to discharge its functions, and likewise he shall
continue to exercise his powers and prerogatives under the nineteen
hundred and thirty five Constitution and the powers vested in the
President and the Prime Minister under this Constitution.
4. The President (Prime Minister) and his Cabinet
shall exercise all the powers and functions, and discharge the
responsibilities of the regular President (Prime Minister) and his
Cabinet, and shall be subject only to such disqualifications as the
President (Prime Minister) may prescribe. The President (Prime
Minister) is he so desires may appoint a Deputy Prime Minister or as
many Deputy Prime Ministers as he may deem necessary. chanroblesvirtualawlibrary
5. The incumbent President shall continue to exercise
legislative powers until martial law shall have been lifted.
6. Whenever in the judgment of the President (Prime
Minister), there exists a grave emergency or a threat or imminence
thereof, or whenever the interim Batasang Pambansa of the regular
National Assembly fails or is unable to act adequately on any matter
for any reason that in his judgment requires immediate action, he may,
in order to meet the exigency, issue the necessary decrees, orders or
letters of instructions, which shall form part of the law of the land.
7. The barangays and sanggunians shall continue as
presently constituted but their functions, powers, and composition may
be altered by law.
Referenda conducted thru the barangays and under the supervision of the
Commission on Elections may be called at any time the government deems
it necessary to ascertain the will of the people regarding any
important matter whether of national or local interest.
8. All provisions of this Constitution not
inconsistent with any of these amendments shall continue in full force
and effect.
9. These amendments shall take effect after the
incumbent President shall have proclaimed that they have been ratified
by a majority of the votes cast in the referendum-Plebiscite.
Section 2. This decree shall take effect immediately.
Done in the City of Manila,
this 22nd day of September, in the year of Our Lord, nineteen hundred
and seventy-six.
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