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PRESIDENTIAL DECREE NO. 1229
PRESIDENTIAL DECREE NO. 1229 -
CALLING A REFERENDUM ASKING THE PEOPLE TO VOTE ON WHETHER OR NOT THE
PRESIDENT SHOULD CONTINUE IN OFFICE
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WHEREAS,
the Batasang Bayan in its Fourth Special Session adopted Resolution No.
19 on October 30, 1977, as follows:cralaw:red
"WHEREAS, under the 1973 Constitution the incumbent President as Head
of Government and Chief of State at the time of its ratification is
vested with extraordinary powers during the transition period and can
continue as incumbent President even after the interim Batasang
Pambansa is organized and ready to discharge its functions;chanroblesvirtualawlibrary
"WHEREAS, President Ferdinand E. Marcos as incumbent President has
repeatedly and resoundingly received the direct and decisive mandate
from the people to continue in office, thus:cralaw:red
"a. On January 17, 1973 the people overwhelmingly
ratified the 1973 Constitution which provides in Article XVII, Section
3(1) (Transitory Provisions) that the incumbent President shall
continue to exercise his powers and prerogatives under the 1935
Constitution and the powers vested in the President and the Prime
Minister under the 1973 Constitution;chanroblesvirtualawlibrary
"b. On January 31, 1973 in the case of Aquino, et al.
vs. Comelec, et al., G.R. No. L-40004, the Supreme Court unanimously
decided that the term incumbent president of the Philippines employed
in the Transitory Provisions of the 1973 Constitution refers to no
other person than President Ferdinand E. Marcos; chanroblesvirtualawlibrary
"c. In the July 27-28, 1973 referendum the people
voted that President Ferdinand E. Marcos should continue in office
beyond 1973 and finish the reforms he has initiated under martial law;chanroblesvirtualawlibrary
"d. In the February 27-28, 1975 referendum the people
approved of the manner President Ferdinand E. Marcos has been
exercising his powers under martial law and the 1973 Constitution; and
"e. In the October 16-17, 1976 referendum-plebiscite
the people ratified the Amendments to the 1973 Constitution which
mandate that President Ferdinand E. Marcos as incumbent President shall
be the Prime Minister and shall continue to exercise all his powers
even after the interim Batasang Pambansa is organized and ready to
discharge its functions.
"WHEREAS, despite the people's decision expressed in various
plebiscites and referenda endorsing the President's continuance in
office, he has strongly expressed the feeling and repeatedly insisted
that `even in a crises government, we should establish the precedent
and tradition that the Leader of Head of Government, as well as, the
Chief of State, must periodically submit himself to an accounting by
the people, and announced a desire to submit, for contention in an
election or referendum the position he now holds, if constitutionally
feasible, preferably before the end of the year;chanroblesvirtualawlibrary
"WHEREAS, it is the unanimous view of the Batasang Bayan that the
expressed desire of the President to submit again his continuance in
office to the people's judgment is the highest act of statesmanship and
contributes to making the precedent he has established in the previous
plebiscite and referenda a tradition and permanent feature of
Philippine constitutional practices;chanroblesvirtualawlibrary
"WHEREAS, it is also the unanimous view of the Batasan Bayan and
authorities on Constitutional Law that no election is possible under
the Constitution for the position he presently holds; chanroblesvirtualawlibrary
"WHEREAS, while the view has been expressed that is not necessary to
submit again President Ferdinand E. Marcos' continuance in office as
incumbent President to the people's judgment because of the clear,
categorical and continuing approval thereof by the people in various
referenda and plebiscites, the latest of which was held on October
16-17, 1976, the holding of another referendum for that purposes, which
the 1976 Amendments to the 1973 Constitution authorize, will
institutionalize the precedent he has set and firmly perpetuate it into
a political tradition that no future leader may ignore;chanroblesvirtualawlibrary
"WHEREAS, it is also imperative that the decision of the people on that
issue be made in view of recent developments, especially in Mindanao,
in connection with which vital decisions affecting the integrity and
sovereignty of the Republic may have to be made and before elections
for the interim Batasang Pambansa are held.
"NOW, THEREFORE, BE IT RESOLVED, as it is hereby resolved, by the
Batasang Bayan, in session assembled and by authority thereof;chanroblesvirtualawlibrary
"THAT IT AFFIRMS THE FACT THAT THE PEOPLE HAVE GIVEN THE PRESIDENT THE
AUTHORITY TO CONTINUE IN OFFICE AND TO EXERCISE THE EXTRAORDINARY
POWERS VESTED IN HIM UNDER THE CONSTITUTION; chanroblesvirtualawlibrary
"THAT IT RECOGNIZES AND ACKNOWLEDGES THE PRECEDENT ESTABLISHED BY THE
PRESIDENT AS LEADER OR HEAD OF STATE OF PERIODICALLY SUBMITTING HIS
CONTINUANCE IN OFFICE AND EXERCISE OF EXTRAORDINARY POWERS TO THE
PEOPLE'S JUDGMENT AS WORTHY OF EMULATION;chanroblesvirtualawlibrary
"THAT IT RECOMMENDS THAT REFERENDUM BE HELD TO DETERMINE THE PEOPLE'S
WILL ON THE CONTINUANCE OF THE PRESIDENT IN OFFICE WHICH WILL FIRMLY
INSTITUTIONALIZE THE PRECEDENT AND TRADITION OF THE CHIEF OF STATE OR
HEAD OF GOVERNMENT SUBMITTING HIMSELF TO THE ACCOUNTING OF THE PEOPLE
REGULARLY AND PERIODICALLY OR WHEN CIRCUMSTANCES SO REQUIRE; chanroblesvirtualawlibrary
"RESOLVE FINALLY, that a National Referendum be called on December 17,
1977 under the 1976 Amendments to the Constitution on the question:cralaw:red
"DO YOU VOTE THAT PRESIDENT FERDINAND E. MARCOS CONTINUE IN OFFICE AS
INCUMBENT PRESIDENT AND BE PRIME MINISTER AFTER THE ORGANIZATION OF THE
INTERIM BATASANG PAMBANSA AS PROVIDED FOR IN AMENDMENT NO. 3 OF THE
1976 AMENDMENTS TO THE CONSTITUTION?"
WHEREAS, the President concurs in the above-Resolution of the Batasang
Bayan;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers in me vested by the Constitution do hereby
order and decree:cralaw:red
Section 1. A referendum shall be conducted throughout
the Philippines on the 17th day of December, 1977, on the following
question:cralaw:red
"DO YOU VOTE THAT PRESIDENT FERDINAND E. MARCOS CONTINUE IN OFFICE AS
INCUMBENT PRESIDENT AND BE PRIME MINISTER AFTER THE ORGANIZATION OF THE
INTERIM BATASANG PAMBANSA AS PROVIDED FOR IN AMENDMENT NO. 3 OF THE
1976 AMENDMENTS TO THE CONSTITUTION?" chanroblesvirtualawlibrary
Section 2. The conduct of the referendum shall be
under the supervision of the Commission on Elections. The Commission on
Elections shall properly canvass the votes, and certify and proclaim
the results.
Section 3. The laws, rules and regulations that
governed past referenda shall be applicable to this referendum,
particularly those providing for free discussion and debate.
Section 4. The Commission on Elections is hereby
authorized to promulgate rules and regulations for the proper
implementation of this Decree. chanroblesvirtualawlibrary
Section 5. The sum of Ten Million Pesos
(P10,000,000.00) is hereby appropriated out of funds in the National
Treasury not otherwise appropriated to carry on the purpose of this
Decree.
Done in the City of Manila,
this 30th day of October, in the year of Our Lord nineteen hundred and
seventy-seven.
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