ARTICLE XVIIITRANSITORY 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 be
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.cralaw:red
Section 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.cralaw:red
Of the Senators elected in
the elections in 1992, the first twelve obtaining the highest number of
votes shall serve for six years and the remaining twelve for three
years.cralaw:red
Section 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remain operative until amended, repealed, or revoked.cralaw:red
Section 4. All existing treaties
or international agreements which have not been ratified shall not be
renewed
or extended without the concurrence of at least two-thirds of all the
Members
of the Senate.cralaw:red
Section 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.cralaw:red
The first regular elections
for the President and Vice-President under this Constitution shall be
held
on the second Monday of May, 1992.cralaw:red
Section 6. The incumbent
President shall continue to exercise legislative powers until the first
Congress is convened.cralaw:red
Section 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), Section 5 of Article V1 of this Constitution.cralaw:red
Section 8. Until otherwise
provided by the Congress, the President may constitute the Metropolitan
Manila Authority to be composed of the heads of all local government
units
comprising the Metropolitan Manila area.cralaw:red
Section 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.cralaw:red
Section 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.cralaw:red
Section 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.cralaw:red
Section 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 quasi-judicial bodies.cralaw:red
Section 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.cralaw:red
Section 14. The provisions
of paragraphs (3) and (4), Section 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.cralaw:red
Section 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.cralaw:red
Section 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.cralaw:red
Section 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.cralaw:red
Section 18. At the earliest
possible time, the Government shall increase the salary scales of the
other
officials and employees of the National Government.cralaw:red
Section 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.cralaw:red
Section 20. The first Congress
shall give priority to the determination of the period for the full
implementation
of free public secondary education.cralaw:red
Section 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.cralaw:red
Section 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.cralaw:red
Section 23. Advertising entities
affected by paragraph (2), Section 11 of Article XV1 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.cralaw:red
Section 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.cralaw:red
Section 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.cralaw:red
Section 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 such period.cralaw:red
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.cralaw:red
The sequestration or freeze
order is deemed automatically lifted if no judicial action or
proceeding
is commenced as herein provided.cralaw:red
Section 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.cralaw:red
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.
Adopted:chanroblesvirtuallawlibrary
Cecilia Munoz Palma
President
Ambrosio B. Padilla
Vice-President
Napoleon G. Rama
Floor Leader
Ahmad
Domocao
Alonto
Jose D. Calderon
Assistant Floor
Leader
Assistant Floor Leader
Yusuf
R.
Abubakar
Felicitas S. Aquino
Adolfo S.
Azcuna
Teodoro C. Bacani
Jose F. S. Bengzon,
Jr.
Ponciano L. Bennagen
Joaquin G.
Bernas
Florangel Rosario Braid
Crispino M. de
Castro
Jose C. Colayco
Roberto R.
Concepcion
Hilario G. Davide, Jr.
Vicente B.
Foz
Edmundo G. Garcia
Jose Luis Martin C.
Gascon Serafin V.C. Guingona
Alberto M. K.
Jamir
Jose B. Laurel, Jr.
Eulogio R.
Lerum
Regalado E. Maambong
Christian S.
Monsod
Teodulo C. Natividad
Ma. Teresa F.
Nieva
Jose N. Nolledo
Blas F.
Ople
Minda Luz M. Quesada
Florenz D.
Regalado
Rustico F. de los Reyes, Jr.
Cirilo A.
Rigos
Francisco A. Rodrigo
Ricardo J.
Romulo
Decoroso R. Rosales
Rene V.
Sarmiento
Jose E. Suarez
Lorenzo M.
Sumulong
Jaime S. L. Tadeo
Christine O.
Tan
Gregorio J. Tingson
Efrain B.
Trenas
Lugum L. Uka
Wilfrido V.
Villacorta
Bernardo M. Villegas
Attested by :
Flerida Ruth P. Romero
Secretary-General
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