Textbook on the Philippine Constitution [Hector S De Leon]

504 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 11

The Congress shall regulate or prohibit monopolies in com-
mercial mass media when the public interest so requires. No
combinations in restraint oftrade or unfair competition therein
shall be allowed.

(2) The advertising industry is impressed with public inter·
est, and shall be regulated by law for the protection of consum-
ers and the promotion of the general welfare.

Only Filipino citizens or corporations or associations at least
s~venty p~r ~en.b.!-_'!' of the capital of which is owned by such
citizens shall be allowed to engage in the advertising industry.

The participation offoreign imrestors in the governing body
of entities in such industry s hall be limited to their pr.->portion·
ate share in the capital thereof, and a ll the executive and
managing o ffice:rs ofs uch entities must be citizens ofthe Philip-
pines.

Ownership and management of mass
media by Filipino citizens.

The_pmvi.sion expres~ly limits. the _QYo'..Pen~hip and ID!\.nage_rrumt of.~!i~s

me.dia to citizens of the Philippine.s_OL to corporations., cooperatives .or .
A~sociatio~~ wholly (i.e., 100%) ow n~~ <1;~~ ma!laged by ~ uchcitizens. (Sec.

11[11. )

(1) Mean ing of mass med ia. - The term embrace~means of corrnn.Y.Dj~
cati!?.Q..that_ re.~c!t. !il1d Jn.A~.~Q_c;!'!_i~ll..e.-ql.lmbers._of__pe.a.ple .including print
meclj,~;~. (esP-_~~i~UY new~~p~rs.__periodjcals_.and._p.op.ular. magazines)• .radio,
.teleYisi.QJh.J!nd_rn.Q.Y.~r- It involves the gathering, tran smission a nd dis-
tribution of news, information, messages . s ignals and all forms of written, ·
oral a nd visual communications1 t o t he genera l public or a portion thereof.2 ."\·

(2) llitaL..mle....nf_mas.s._.m.edi_a. - The r eason behind the provision is
obvious . .Mass Ql~.dia a.re clot!"led with _Qublic interest . They play a vital role
in th e national life, directly influe~cin_g_ ·th~ \vay t h.e people think and act .
The Constitut ion seeks to ensure that these institutions are fr ee from

~uh;;cribers1/f:lc,commun icAtion com panies t hat a r e u tilized by specific to can y s pecific

messages t o specific addressees or recip ients are auJ:>E.s u.ti!_itic_;; i:;t:!e :\n. XII, Sec. 11.), not

masiJ media. This is because t h P.y merely !ien •e as carrie: s for tran::mitting messages. They

do not create the messages nor do they tnms rr.it the mo>ssage.> ui th e ge neral public, as mass

med ia do. The publication of messages or s t ories carried b y the m is decided by t he senders

and th eir ne,vs pa pers or broad ca~t networks. "Telecom mun icat ion·· mea ns com m unication at

a dist ance as by ca ble , radio, telegraph, telephone or television. Th e Secretary ofJ u stice has

opined, however,-that cable t elevision is a form of mass media. Fnlike the internet business

wherein an intern et access provider merel y se rves as carrier for trans mitting messages, a so-

called community antenna te levis ion (CATV) operator h a<s the power to choos e signals to be

rel ayed and s ubject only to government's rules, t he oper ator ma y pick and ch oose among

specific programs. (Op . No. 95, Series of 1998. )

2See Chapter 1, Rules and Regulations for Mass Media in the P hilippines.

Sec. 11 ART. XVI. -GENERAL PROVISIONS 505

foreign influence. Press freedom would indeed be meaningless to Filipinos
if those who exercise it are aliens, owing loyalty to a foreign government.3

Regulation or prohibition of monopolies

in commercial mass media. \\

The Constitution does not totally preclude the possibility~f a monopoly

in commercial mass media, whether public or private. If and when it do"'s

take place, Congress shall, but only whet? public interest so requires.

regulate (i.e., it is still allowed} or prohibit it, subject to the guarantee of

freedom of the press. (Art. III, Sec. 4.) In any case(no combinations io

r~straint of trade or unfair competition in commerc1:al mass media art~

allowed. (Ibid.; see Art. XII. Sec. 19.) They are bad per se.

The provision on monopolies takes cognizance of the tight control over
media by powerful families and corporations with diverse business and
political interests in the pre-martial law years. In some cases, the same
families owned two or more newspaper publications. This monopoly was
broken up by the martial law regime only to be tUT·ned over to relatives and
close associates of the incumbent President.

A proposal made in the Constitutional Commission was to allow a
family or company to own only one type of media enterprise. For example,
it may establish not more than one television, one radio station, or one
newspaper in the same regional market, say, Metro Manila.

One possible exception is for a newspaper owner to establish another
newspaper in another language or dialect in the same market. When
commercial mass media- serve only the political or business interests of
their owners and hinder "the balanced flow of information" (Sec. 10.), the
State must step in to protect public interest.

Regulation of the advertising industry.

(l) Meaning of adt·ertising. - The term refers to any form of non-
personal presen'tation and promotion ofgoods for sale or services offered by
an identified sponsor by means of printed or broadcast paid public
anouncements. It is a form of mass selling. The term may also refer to the
business or profession of desi~ing layout and artwork and preparing
advertisements for publication or broadcast.

(2) Purpose of'advertising. -The purpose is, of course, to call attention
of consumers to the existence and strong points of the product \goods or
~ervice) advertised to induce or increase demand, or sustain their interest

JMedia has come to he known as the Fourth Estate and has dl:!mnnstrated its potent
powers in society. For media to be an effective and powerful instrument for the enlighten-
ment of the public, its practitioners must recognize their duties and responsibilities tor all
they publish and disseminate to the institution and the society that they are tasked to serve.
Media practitioners can make themselves instruments of truth and in promoting positive
values that can propel the nation to grow and progres~.

506 TEXTBOOK ON THE PHILIPPINE CONSTITI.JTION Sec. 12

or desire in the product. Sometime!'. instead of promoting a product (prod-
uct advertising), t h e aim is to foste r goodwill towards the company or
organization (institutional advertisi ng : with t h e ultimate objective to pro-
mote sales. Both business and non-business organizations employ adver-
tising. Media is the vehicle through which the communication is made.

(3) Vital role of advertising. - The advertising industry is impressed
with public interest . (Sec. 11[21.) It does not merely provide consumers
with information. It persuades people to purchase the particular product
that is advertised, and indirectly aids in reducing cost, lowering prices, and
increasing competition. With the plethora of goods and services offered in
the market today, advertising pl ay;; a vital role in the economy. Some
advertising may..he-dece~t.ive, fal~ . nlisl~ading or dishone.U. ~t is, there-
fore , necessary that this indu stry be regulated by law for the protection of
consumers and the promotion of the general welfare. (!bid., see Sec. 9.)

Ownership and management
of advertising industry.

Only Filipino citizens or corporations or a ssociations at least 70% of the
capital of which is owned by such citizens are allowed to engage in the
advertis ing industry. (Sec. 11[2].) !\ote that the Constitution provides for a
lesser foreign equity in advertising companies in view of the effects of adver-
t ising on the mentality of t he consumer;; . In public utilities, the equity ratio of
ownership is 60-40 in favor of Filipino:::. ,see Art. Xll, Sec. 11.)

As in public utilities (Ibid.), the participation of foreign investors in the
governing body of entities in such industry is limited to their proportionate
share in the capital t hereof, and all the executive and managing officers of
such entities must be Filipino citizens. !.Sec. 11, last par. )

SEC. 12•. The Congress may create a consultative body to
advise the President on policies affecting indigenous cultural
communities~ the majority of the members of which shall come
from such communities.

Creation of consultative body for Indigenous
cultural communities.

The State is ma ndated to cr eate a consultative body to advise the
President on policies affectmg indigenous cultural communities. The ma-
jority of the members of the body must come from such communities. 1

1R..A. No. 8 371 t Oct. 29, 1997}, also known as the Ancestral Domain Law, creates a
National Commission on Indig~nous People tasked with the formulation and i mplementation
of policie~:>, plana and progt·ams for the development of cultural communities and indigenous
people. the revi~,w of applications for ancestral land titling, the issua nce of certificates of

those titled, and the adjudication of disagreements on land ownership.

Sec. 12 ART. XVI. - GENERAL PROVIS10:\""S 507

In the formulation and implementation of policies, the State must
consider the customs, traditions, beliefs, rights and interests of indigenous
cultural communities within the framework of national unity and develop-
ment. (sec Art. II, Sec. 22: Art. VI, Sec. 5; Art. X, Sees. 15-21; Art. XII. Sec.
8; Art. XIII, Sec. 6; Art. XI\· . Sec. 17.)

- oOo -

••<

"/ Articte XVII

,.,../"/' .................... ···

AMENDMENTS OR REVISIONS

SECTION 1. Any amendment to, or revision of, this Consti-
tution may be proposed by:

(l) The Congress, upon a vote of three-fourths of all its
Members; or

(2) A constitutional convention.

Amendment and revision distinguished. ---

Both denote a change in the Constitution. But w,hiYe{i;;;~ndment is a

change effected in some_..P.arl"SOf the Constitution withoul considedh{(tne
whole document><.r.edsi~n1 is a re-writing or substantial changing in the

Constitution viewed in its entirety.2

Importance of the amending procedure.

(1) Mechanism for responding to cha!l.ging condition.B . -No Constitu-
tion, however gifted its framers , i1> likely U> prove adequate for an indefinite
period. There are problems that no human foresight can anticipate. As
conditions are never static, so must the fundamental law be freed from the
constraint of rigidity. While it is r educed to writing, it should not be devoid
of the element of flexibility. Thus, a well-written charter must not only
safeguard individual rights and organize the government but indicate how
it may be amended3 in order to make it responsive to changing economic,
social, and political conditions.

(2). A safe_ty ualue against ~~~Qr.t to rev.olution.. - Not much reflection is

needed to show that without an amending process, the only alternative to

' In the 1935 Charter, there was no provision for a revision of the Constitution. It
provided oniy for amendment which, howe ver, was interpreted to include revision. (see
Occeiia vs. Comelec, 104 SCRA 1, April 2, 1981.) TheTe was n o provi!'ion fixing the date for
h olding the plebiscite.

2~ . A Gonza les, op. cit., p. 71.
·see Justice (la ter Chief Justice) E.M. Fernan do, "The Bill of Rights" (1972 ed.l, pp. 38-
39.

508

Sec. 2 ART. XVII. - A~fENDME NTS OR RE \"ISIO~ ~ 509

bring about the necessary changes would be through r evolution. In this
way, the article on amendments provides a safety valve.4

Methods by whlch amendments or revision
may be proposed.

Sections 1 and 2 prescribe three (3) methods for proposing any am~;.d­
ment to, or revision of the Constitution, namely:

( 1) By Congress, as a constituent assembly, upon a vote of thrt-.::·

fourths of all its members · Sec. l[a].), v. ot i n t f s e p ar a t e l y.; 5
/

~) By a consti:utioca! com·ention p'cilled for t he purpose (Sec. 1[2]. : or

(.3) By the people directly, through initiative upon petition of the re-·
quired number of regi$tere-d Yoters. (Sec. 2, par. L l

It is to be noted that the vote requirement is more stringent if the
amendments are proposed by Congress itself. This is to insure more delib-

erations and deeper study and con sideration of the merits of the proposed
changes to the fundamenta l law.

SEC. 2. Amendments to this Constitution may likewise b e
directly proposed by the people through initiative upon a peti·
tion of at least twelve per centu" of the total number of regis·
t ered voters, of which every legislative district must be r epre-

sented by at least !_~e per e:entum of the registered voters

therein. No amendment under this section shall be authorized
within five years following the ratification of this Constitution
nor oftener than once every five years thereafter.

The Congress shall provide for the implementation of the
exercise of this right.

Amendments proposed by the people
through initiative.

Sections 2 and 4 (par . 2. ' enshrined for the first time the "pe~le power"
to effect changes in the fundamental law. Under the concept of initiative
{see Art. VI , Sec. 32.), the people may directly propose amendments to the
Constitution should Congress be remiss in its duty under the two (2)
traditional modes available to it.

(1) Requirements.- They are as follows:

'See Justice- (later Chief Justice • E.M. Fernando, "The Constitution of the Philippines,"
(1974 ed.), p. 23.

6Unlike the 1935 Constitu t ion !Art. XV, See. 1 th ereof. ), Section 1 does nnt mention
Congress having to convene in "joint session assembled" for the purpose of proposing consti-
tutional amendments. Still Congress a cts as a constituent body when it proposes amend·
ments to the Constitution although it mee ts a nd votes separately.

510 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 3

(a ) There must be a petition of at least.l2% of the total number of
registered voters;

(b) Every legislative district must be r epresented by at least, 3% of

the registered voters thereof; and -

(c) The amendment through initiative is not made within five (5)
years following the ratification of this Constitution nor oftener tli"an
once every five (5) years thereafter .

(2) Minimum percentage of electorate. - O nce the r equired number of
voters' signatures is complied with, Congress is bound to submit the pro-
posed amendments to the people in a plebiscite. (Sec. 4, par. 2.) The
implementing law will have t o pro\i de a system of verification of·the
signatures. Note that the minimum percentage of the electorate must be
satisfied both on the national and district levels. ,..Thus, if a legislative
district is represented by only 29i: of the registered voters thereof, t he
power of initiative cannot be exercised although the petition is signed by
more than 12% of the total number of registered voters.

These requirements are designed to ensure that a sizeable portion of
the population really desire to propose the amendment and at the same
time avoid frequent changes in the fundament al law which are not condu-
cive to political stability.

(3) Deferment. - The deferment is provided to give Congress sufficient
time to create and refine the mechanism for implementing the third mode
of proposing constitutional a mendments. Congress is required to provide
by law for the implementation of the exercise of the right. (Sec. 2.)

(4) Initiative limited to amendm ents. - Note that the Constitution
.limits the people's initiative to me re "'amendments" or simple changes, a nd
r eserves "revision s" or major changes fe.g., from presidential to parliamen -
tary, from bicamera l to unicameral) for a constituent assembly or a consti-
tutional convention.

SEC. 3. The Congress m ay, by a vote of two-thirds of all its
Members, call a constitutionalconvention, or by a majority vote
of all its Members, submit to the electorate the question of
calling such a convention.

Methods by which a constitutional
convention may be called.

A constitutional convention may be called for the purpose of proposing
an amendment to, or revision of, the Constitution in two ways, namely:

(1) Congress by two-thirds vote of all its members may call a constitu-
tional convention; or

(2) Congress by a majority vote of all its members (in case neither the
3/4 nor. 2/3 vote can be mustered) may toss the ques tion to ca ll a constitu-
tional convention to the electorate in an election. {Sec. 3.) The question

Sec. 4 ART. XVII. - AMENDMENTS 0}{ REVISIONS 511

shall be decided by the majority of the votes cast in the corresponding
plebiscite. (see Sec. 4, par. l.l

There was no provision in the 1935 Constitution regarding this alterna-
tive of submitting to the electorate the question of calling such a convention.

Meaning of constitutional convention.

AcQnstitutional conventionjs a body assembled for the express purpose
of framing a ConstitutioTI;Or revising th.~. exi.sti~C'Jnstitution, or fornm-
lating amendments to itl for the approval of the electorate. Being t he direct
representative of the people vested with the authority to draft the funda-
mental law of the State, its members have to be elected by the qualified
voters.2

Constitution drafted by an appointive
Constitutional Commission.

The present Constitution was drafted by a Commission created under
Article V of the Provisional Constitution promulgated under Procll'l.mation
No. 3 issued by the President on March 25, 1986. Its members were ap-
pointed by the President pursuant to Proclamation No.9 issued on April23,
1986, "the law governing the Constitutional Commission of 1986." (see
Introduction-E.) The Provisional Constitution abolished the Batasang
Pambansa, the then legislative body, and vested in the President, as head
of the revolutionary government, full legislative powers. The power of the
President to create the Constitutional Commission and appoin t its mem·
bers was recognized since it was never questioned in court.

During the period of martial law, the President himself proposed the
approved amendments to the 1973 Constitution which were submitted to
the people for ratification.

The Constitutional Commission of 1986, by the nature of its functions,
was no different from a constitutional convention with elected members,
and it, therefore, possessed the same statu s and powers. (see Introduction-

E .)

SEC. 4. Any amendment to, or revision of, this Constitution
under Section 1 hereofshall be valid when ratified by a majority
of the votes cast in a plebiscite which shall be held not earlier
than sixty days nor.later than -.fnety days after the approval of
such amendment or revision.

Any amendment under Section 2 hereofshall be valid when
ratified by a m~ority of the votes cast in a plebiscite which shall

1V.G. Sinco, op. cit., p. 43.
2Ibid., p. 50.

51 2 TEXTBOOK ON THE PHIU PPI NE CONSTITUTION Sec. 4

be held not earlier than sixty days nor later than ninety days
after the certification by the Commission on Elections of the
sufficiency of the petition.

Ratification by the people.

Rqtif'ication means the direct approval by the people of the amendment
to, or re vision of, the Constitution . It is the final a ct t o make a ny change in
the Constitution valid as part thereof. This power of ratification upholds
the principle that "sovereign ty r esides in the people." (Ar t. II, Sec. 1.)

In order that the amendment or r e\"ision proposed by Congress or by a
constitutional convention or by the people thr ough initiative may be valid
as part of the Constitution, the same must be ratified by a majority of the
votes cast in a plebiscit e (see Art. V, Sec. 1. ) called for t he purpose.

The plebiscit~ must be held not ea rlier than 60 days nor later than 90
days after the a pproval of such amendment or r evision or certifi cation of
the Commission on Elections of the sufficiency of the petition, as the ca se
may be . (Sec. 4.) The minimum period of 60 days is deemed adequa te to
provide the voters sufficient infor mat ion a nd time for intelligent considera-
tion or study of the proposed change or revision. The constituent body may
fix t he date within t he period prescribe d when the people may act. The time
limit of 90 days prevents undue delay in the holding of the plebiscite. I

- cOo -

1The suffici ency of the period dur i ng whi ch a mendments ar e s ubmjtted to the people
before they vot e either to a ffirm or r eject depends on the complexity and intricacy of t he
que~tions presented. (Al mario vs. Alba, 127 SCRA 69, Jan. 25, 1984 .)



51 4 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sees. 2·4

SEC. 2. The Senators, Members of the House of Representa-
tives, and the local officialsfirst electedunder 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 ofvctes shall serve for six
years and the remaining twelve for three years.

Term of office of Senators, Representatives,
and local officials first elected.

This is provided in the above section. The elections for members of
Congress were held s.i.multaneously on the 2nd Monday of May, 1987. (Sec.
1.) H ence, they will have a term of office of five (5) years ending on June 30,
1992.

The effect of the second paragraph is that beginning 1995 and every
three (3) years thereafter, there will be an election for twelve (12) Senators
with a term of six (6) years. The Senate, like the Constitutional Commis-
sions (Art. IX.), is a continuing body.

SEC. 3. All existing laws, decrees, executive orders, procla·
mations, letters of instructions, and other executive issuances
not inconsistent with this Constitution shall remain operative
until amended, repealed, or revoked.

All existing laws, etc., remain valid until
amended, repealed or (evoked.

Section 3 (together with Sections 10, 11, and 15.) seeks to prevent any
disruption in the orderly functioning of government. It does not apply to
laws, etc., inconsistent with the new Constitution which are automatically
deemed repealed upon its ratification. Neither does it apply to secret and
unpublished decrees, if any, issued by the former President under his
martial law powers and Amendment No. 6 t o the 1973 Constitution. Being
unknown, they cannot be considered part of the laws of the land.

It is a standard provision of proposed n ew constitutions to provide for
the continuing efficacy of existing legislationa not inconsistent with the
proposed fundamental law to ensure the continuity and stability ofgovern-
ment operations during the period of t ransition and.to insure t hat vested
rights and existing ohligations derived thereunder are protected and ob-
served.

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 two-thirds of all the Mem-
bers of the Senate.

Sec. 5 ART. XVIII . - T RANSITORY PROVlSl ONS 515

Renewal or extension of existing treaties
or international agreements.

Section 4 r ecognizes the validity of existing treaties or international
agreements enter ed into by the Philippine government. H owever, th ose
which have not been ratified can only be renewed or extended with the
concurrence of a t least 2/3 of a ll 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 electioDB, here~y extended to

noon of June 30, 1992. /,

onThe first regular elections for the Presiie'nt and Vice-Presi-

dentunder thisConstitution shallbe held the second Monday
of May, 1992.

Six-year term for incumbent President
and Vice-President extended.

Section 5 assumes that th1:1 incumbent President and Vice-Preside nt
were duly elected in the February 7, 1986 election held under the 1973
Constitution which provided a six-year term of office. For purposes of
synchronization of elections, the term is ext.,ended to noon of June 30, 1992.
The term of office of t he President a nd Vice-President who will be elected in
the first election for said positions under the new Constitution sh a ll begin
at s aid time and date followin g their election which sha ll be held on t he 2nd
Monday of May, 1992.

Section 5 is one of the controversial provision$ which generated heated
debates both inside and outside the Constitutional Commission and were
raised as issues against the ratification of the new Constitution. There is,
however , no dispute on the legal power of the Comm iss ion, being an inde-
pendent body, to fix the term of office of t he incumbent President and Vice -
President. ·

Those who a rgued for a n ew presidential election claimed that:

(1) Proclamation No. 3 is specific that the incumbent P resident and
Vice-President took over the reins of government through a revolution "in
defiance of the p rovisions of the 1973 Constitution ." To effect a tra nsition to
constitutional government, the holding of elections at all level s wa s neces-
sary;

(2J To hold on to power wi thout any electoral mandate would be violat-
ing the principle that in a republican and d emocratic state , sovereignty
resides in the people and all government authority emanates from them,
which is provided both in the dra ft Constitution a nd the 1973 Constitution;

(3) To fix their t erm of office would in effect constitutionalize a r evolu-
tion without the benefit of an election:

fil 6 TEXTBOOK-ON THE PHILIPPINE CONSTITUTION Sec. 5

· 4J They were t!lected under the 1973 Constitution but they were not
proclaimed under said Constitution and the laws then in force. By aboli sh-
ing the Batasang P ambansa and establishing a revolutionary government,
they were barred from invoking the results of the February 7, 1986 "sna p"
presidential election and thereby abandoned t heir right to a fix ed term.
With the establishment of the constitutional government under the new
Constitution, their term of office would automatically come to an end;

(5) To grant a fixed term to the incumbent President and Vice-Presi-
dent would be immor al, the Constitutional Commission being an appointive
body, and would make it vulnerable to attack on its independence; and

(6) Holding of elections for President and Vice-President was a major
key to political stability and the high costs of election should not be given as
an excuse. It would settle once and for all any doubt as to whether or not
they really won in the election.

Among the arguments given in support of Section 5 a re as fo llows:

(1) The revolutionary government established after the February 7,
1986 election cannot be equated with other revolutionary governments
established through armed rebellion without absolutely any legal claim to
power. It was orought about by an election regularly called under an
existing Constitution and by a peaceful revolution. The incumbent Presi-
dent and Vice-President assumed offi ce on the basis of their having won in
t hat election, deriving their power to go\·ern from t he people themselves;

(2) The revolutionary government adopted practically all the provi-
sions of the 1973 Constitution. In providing "for an orderly transition to a
government under a new Constitution... Proclamation No. 3 contemplates a
transition from one constitution to another. There is no mention at all in
Proclamation No. 3 of a Presidential a nd Vice-Presidential election;

(3) The revolution that installed the incumbent President and Vice-
President is a unique one-· without parallel in the history of mankind. It
was witnessed not only by the Filipino people but by the whole world . It
took place because of the electoral cheating described as "unparalleled in
its fraudulence" which was likewise witnessed not only by t he Filipino
people but by the whole world. It took place because the Filipino people
were convinced that the incumbent President a nd Vice-President duly won
the election. It was a "people's revolution" in the t ruest sense;

(4) The majority of the Filipino people believed that the former Presi-
dent lost in the "snap" election as shown by the continuous public accept~
ance and support given to the provisional government without any resist-
ance whatsoever from the people and by its recognition and acceptance by
the community of n ations. Section 4 does not grant a term to the incumbent
President a nd Vice-President; it merely affirms a hi storical fact;

(5i Although the members of the Constitutional Commission that drafted
the new Constitution were appointed by the incumbent President, the fact
i.s that they were appointed pursuant to t he provisions of Proclamation No.9,
upon nomination of "political parties, civic, religious, ethnic, or other sectoral

Sees. 6-8 ART. XVTTI. - TRANSITORY PROVISIONS 517

groups or by individual citizens." It is publicly known that the incumbent
President never interfered in any way with the work of that b'Jdy; and

(6) If the people really desired a new presidential and vice-presidential
election, they would vote against the new Constitution. The claim that
without such an election the government would continue to be unstable was
based on conjecture.

SEC. 6. The incumbent President shall continue to exercise
legislative powers until the first Congress is convened.

Transitory legislative power of President. I

:'
I
Section 6 is merely a confirmation of the 14gislative powers recognized

as already existing in favor of the incumbeni..,President by virtue of the
issuance of Proclamation No. 3 promulgating th~Provisional Constitution.

As head of the revolutionary government, and ·there being no legislative
body, Section 1 of Article II of the Provisional Constitution conferred sole
legislative authority on the President. It provides: "Until a legislature is
elected and convened under a new Constitution, the President. shall con·
tinue to exercise legislative power." Both provisions make it clear tha t the
legislative power of the incumbent President shall terminate upon the
convening of the First Congress.

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),
Section 5 ofArticle VI of this Constitution.

Appointment of nominees to sectoral seats.

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 repre-
sentation. The manner of choosing the sectoral representatives during the
transition period was not left to Congress because of the desire of the
Constitutional Commission to have sectoral representation implemented
right away.

SEC. 8. Until otherwise provided by the Congress, the Presi-
dent may constitute the Metropolitan Authority to becomposed
ofthe heads ofall local government units comprising the Metro-
politan Manila area.

Metropolitan Authority may be
constituted.

Under Section 11, Article X, Congress may, by law, create special
metropolitan political subdivisions subject to a plebiscite with the compo-

5 18 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sees. 9-11

nent cities and municipalities retaining their basic autonomy. The jurisdic-
tion of the metropolitan authority that will thereby be created shall be
limited to basic services requiring coordination.

Until such law is enacted, the President may constitute the Metropolitan
Authority in Metropolitan Manila. It shall be composed of the original four (4)
city mayors and thirteen (13) municipal mayors in the area. Six (6) munici-
palit ies (Pasig, Mandaluyong, Makati, Marikina, Muntinlupa, and Las Piiias)
have since become cities. Novaliches in Quezon City is now a city.

The Metropolitan Manila Development Authority (MMDA) created by
R.A. No. 7924 , which took effect on March 22, 1995, replaced the former
Metro Manila Authority (MMA).

SEC. 9. A sub-province shall continue to exist and operate
until it is converted into a regular province or until its compo-
nent municipalities are reverted to the mother province.

Sub-provinces to continue to exist
and operate.

Sub-provinces are essentially extensions of the r egular provinces. They
automatically assume the regular status of provinces once they meet the
requirements prescribed by law. (see Art. X, Sec. 1.) They may be abolished
by Congress by reverting it~ component municipalities to the mother prov-
inces as provided by law.

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 incon-
sistent with this Constitution shall remain operative unless
amended or repealed by the Supreme Court or the Congress.

Existing courts to continue.

Pursuant to this provision -

(1) The Supreme Court and lower courts existing at the time of the
ratification of the new Constitution shall continue to exercise their jurisdic-
tion unless otherwise provided by law; and

(2) The provision of th e existing Rules of Coutt, judiciary acts and
procedural laws not inconsistent with the new Constitution shall continue
in force unless subsequently a mended or repealed by the Supreme Court (in
the case of the Rules of Court) or 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.

Sees. 12-13 ART. XVIII. ·-TRANSITORY PROVISIONS 519

Incumbent members of the judiciary ·
to continue in office.

This section allows members ofthe judiciary at the time ofthe ratifica-
tion of the new Constitution to continue in office until they reach the age of
70 years or become incapacitated to discharge their duties. They may,
however, be removed for cause.

Pending the ratification of the new Constitution, the power to remove
judges of lower courts was possessed by the Supreme Court (see Art. VIII,
Sec. 11.) and members of the Supreme Court were removable only by the
President for any of the causes which are grounds for impeachment. (see
Art. XI, Sec. 2.)

·sEC. 12. The Supreme Court shall, within one year..a.fte~_tbe
ratification of this Constitution. adopt a systematic plan to
expedite the decision or resolution ofcases or matters pending
in the SupremeCourt 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.

Adoption of a systematic plan to expedite reso-
lution of pending cases in courts.

Section 12 takes cognizance of the huge backlog of cases pending in
regular courts as well as in special courts and quasi-judicial bodies particu-
larly in the regular courts. Such a systematic plan has assumed a crucial
urgency as the number ofcases filed in courts continues to increase through
the years. (see Art. III, Sec. 16; Art. VIII, Sec. 15(1].)

The Supreme Court is given a period of one (1) year from the ratifica-
tion of the new Constitution to adopt for itself and the lower courts the
plan. It is not clear whether the time frame ofone (1) year applies also with
respect to a similar plan to be adopted for all special courts and quasi-
judicial bodies.

SEC. 13. The legal effect of the lapse, before the ratification
ofthis Constitution, of the applicable period for the decision or
resolution ofthe cases ormatters submittedfor adjudication by
the courts,shall bedeterminedby theSupremeCourtassoonas
practicable.

Legal effect of lapse of maximum period
for rendering judicial decision.

Under Section 11(1), Article X of the 1973 Constitution (now Sec. 15{1),
Art. VIII.), "the maximum period within which a case or matter shall be
decided or resolved from the date ofits submission shall be 18 months [now

24 months] for the Supreme Court, and unless reduced by the Supreme

520 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sees. 14-15

Court, 12 months for all inferior UowerJ collegiate courts and th r ee (3)
months for all other inferior [lower] courts." Section 13 r equires the Su-
preme Court to determine the legal effect of the lapse, before the ratifica-
tion of the new Constitution , of the applicable periods without the corre-
sponding decision or resolution having been r endered.

The new Constitution makes the periods mandatory with res pect to
cases or matters filed after its effect i,·ity. (see Art. VIII, Sec. 15Ll] ; see
however , Sec. 14, infra. )

SEC.I4. The provisions ofparagraphs (3) and (4). Section 15
ofArticle VIIl ofthis Constitution shall apply to cases or matters
. filed before the ratification of this Constitution, when the appli-
cable period lapses after such ratification.

Where applicable period for rendition of judicial decision
lapses after ratification of Constitution.

Section 15(1), Article VIII prescribes the mandatory maximum periods
within which cases or m atters must be decided by the various courts. It
refers to cases or ma t ters filed after the effe ctivity of the new Constitution .
Section 14 ma kes it clear that paragraphs (3) and (4) of Section 15, Article
VIII likewise apply to cases or matters filed before the ratification of the
new Constitution when the a pplicabl e period lapses after such ratification.

SEC. 15. The incumbent Members of the Civil Service Com-
mission, the Commission on Elections, and the Commission on
Audit shall continue in office for one year after the ratification
ofthis Constitution, unless they are sooner removed for cause or
b ecome 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, includingservice before
the ratification of this Constitution.

Incumbent members of the Constitutional
Commissions to continue in office.

In t he case of the members of the judiciary, t hey shall continue in office
until they reach t he age of 70 years unless they become incapacitated or be
removed for cause. (Sec. 11.) Under Section 15, t he incumbent members of
t he Gonstitutional Commissions sh all continue in office for one (1) year
after t he ratification of the new Constitution unless t hey are sooner re-
moved for cause or become incapacitated.

A m ember appointed to a new term is not allowed to serve longer than
seven (7) years, including service before t he r atifica tion of t he new Consti-
tution.

Sees. 16-17 ART. XVIII. -TRANSITORY PROVISIONS 521

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 retire·
ment 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 ofthe employees, they may be consid-
eredfor employment in the Governmentorin any ofits subdivi·
sions, 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.

Right of separated civil service employees
and career officers.

Section 16 applies to employees who were separated from the service
not for cause but as a result of the reorganization mentioned and career
')fficers whose resignations tendered in line with the existing policy have
been accepted. They are given the option to avail of the separation pay and
the retirement and other benefits accruing to them under the law or to be
considered for employment in the government.

SEC. 17. Until the Congress provides otherwise, the Presi·
dent shall receive an annual salary of three hundred thousand
pesos;the Vice-President, the President ofthe 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 Commis·
sions, one hundred eighty thousand pesos each.

Annual salaries of constitutional officers.

The annual salaries provided for constitutional officers above may be
increased or decreased by Congress subject to the following restrictions:

(1) President and Vice-President. - their salaries shall not be de-
creased during their tenure and any increase shall take effect only after the
expiration of the term of the incumbent during which such increase was
approved (Art. VII, Sec. 6.);

(2) Members of Congress. -increase in compensation shall take effect
only after the expiration of the full term of all the members approving such
increase (Art. VI, Sec. 10.);

522 TEXTBOOK ON THE PHTLIPPINf: CONSTITUTION Sees. 18-20

' 3) Members of the Judiciary. - their salaries shall not be decreased
but they may be increased during their continuance in cffice (Art. VIII, Sec.
10..1; and

(4) Members of the Constitutional Commissions. -their salaries shall
not be decreased but they may be incr eased during their tenure. (Art. IX, A-
Sec. 3.)

SEC. 18. At the earliest possible time, the Government shaH
increase the salaryscales ofthe other officials and employeesof
the National Government.

Increase of salary scales of other
officials and employees.
Section 18 "balances" the increase in the salaries of constitutional

officers. (Sec. 17.) It is a directive to the government to upgrade the salaries
of the officials and employees of the national government at the earliest
possible time, that is, it should study right away the sala ry scales so that
the salary increases could be implemented, if possible, at once. (see Art. IX,
B-Sec. 5. )

SEC. 19. Allproperties,records, equipment, buildings, facili-
ties and other assets of any office or body abolished or reorgan·
ized under Proclamation No. 3 dated March 25, 1986 cr this
Constitution shall be transferred to the office or body to which
its powers,functions, andresponsibilities substantiallypertain.

Disposition of properties, records, etc.

Under this section, all properties, records, equipment, buildings, facili-
ties and other assets of any office or body abolished or reorganized shall be
transferred to the office or body to which its powers, fun ctions and respon-
sibilities substantially pertain. Note that the provision does not mention
the personnel of the aboli shed or r eorganized office or body.

SEC. 20. The first Congress shall give priority to the deter-
mination ofthe periodfor the full implementationoffree public
secondary education.

Full implementation ot free public
secondary education.

Under Section 2, Article XIV on Education, the State is manda ted to
establish and maintain a system of free public education in the elementary
and high school levels. Free public elementary education has long been
implemented. Congress is directed by Section 20 to give priority to the

Sees. 21-23 ART. XVIII. -TRANSITORY PROVISIONS 523

determination of the period for the full implementation of free public
secondary education.

In other words, the Constitution intends that full implementation be
made as soon as possible when the finances of the government permit it.

SEC. 21. The Congress shall provide efficacious procedures
and adequate remedies for the reversion to the Stateofall lands
ofthe public domain and real rights connected therewith which
were acquired in,;olationofthe Constitutionorthe publicland
laws, or through conupt practices. Notransferor disposition of
such lands or real rights shall be allowed until after the lapse of
one year from the ratification of this Constitution.

Reversion to State of illegally acquired public lands
and real rights connected therewith.

Section 21, in effect. declares as null and void all acquisitions of lands of
the public domain and real rights connected therewith in violation of the
1973 Constitution and the public land laws or through corrupt practices.
(see Sec. 26.) Congress is mandated to provide by law efficacious procedures
and adequate remedies for the reversion to the State of all said properties.

Their transfer or disposition within one (1) year from the ratification of
the new Constitution is prohibited. The period of one (1) year is deemed a
sufficient time within which Congress can enact the law mentioned.

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.

Expropriation of idle or abandoned lands.

The State is mandated to undertake an agrarian reform program founded
on the right of farmers and regular farmworkers who are landless, to own
directly or collectively, the lands they till. To this end, it shall encourage
and undertake the just distribution ofall agricultural lands. (Art. XIII, Sec.
4.) Section 22 refers to private agricultural lands which are idle or aban·
doned as may be defined by law. The government shall expropriate them at
the earliest possible time for distribution to the beneficiaries of the agrar-
ian 1·eform program.

SEC. 23. Advertising entities affected by paragraph (2),
Section 11 of Article XVI of this Constitution shall have five
years from its ratification to complyon a graduated and propor-
tionate basis with the minimum Filipino ownership require-
ment therein.

TEXTBOOK ON THE PHILIPPINE CONSTITU'l'lON Sees. 24-25

Compliance by advertising companies with mini-
mum Filipino ownership requirement.

Under Section 11(2), Article XVI, only Filipino citizens or corporations
or associations at least 70% of the capital of which is owned by such citizens
shall be allowed to engage in advertising industry. Advertising entities
affected by the requirement are given a maximum period of five (5) years
from the ratification of the Constitution to comply on a graduated and
proportionate basis with the minimum Filipino ownership requirement.

SEC. 24. Private armies and other armed groups not recog-
nized by duly constituted authorities shall be dismantled. All
·paramilitary forces including Civilian Horne Defense Forces not
consistent with the citizen armed force established in this
Constitution, shall be dissolved or, where appropriate, con·
verted into the regular force.

Private armies and other armed groups
to be dismantled.

The constitu tional mandate has become necessary in view of numerous
cases of human rights abuses and other illegal acts attributed to such
armed groups as well as paramilitary forces including Civilian Home Defense
Forces (CHDF). Most CHDF were barangay captains and members. They
were organized by the military during the previous regime to help fight
insurgency. In many instances in the past, these armed units were utilized
for partisan purposes. However, paramilitary forces including CHDF, where
appropriate (i.e., they meet the standards and requirements, after they
have been properly screened and trained to make it consistent with the
citizen armed force) shall be converted into the regular forces in the Armed
Forces of the Philippines, for they can help the latter in dealing with the
insurgency problem and protecting the people particularly in far-flung
areas of the country.

The Con~titution recognizes the natural right of the people to defend
themselves against dangers to their lives and property. The "vigilante"
concept, however, must be "consistent with the citizen armed force estab-
lished in this Constitution." (see Art. XVI, Sec. 4.) This means that the
mann(~r of citizens defense must be provided by law.

SEC. 25. After the expiration in 1991 of the Agreement be·
tween the Republic of the Philippines and the United States of
America concerning Military Bases, foreign military bases,
troops,orfacilitiesshallnotbeallowedinthe Philippinesexcept
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 ART. XVI!I. -TRANSITORY PROVISIONS 525

Requirements for allowing foreign military
bases in the Philippines.

The Constitution gi\·es cognizance to the validity and term ofeffectivity
of the 1947 R.P.-U.S. Military Bases Agreement (MBA) which expired in
September 16, 1991. The.Constitution, by Section 25, recognizes and honors
this agreement. After 1991, foreign military bases, troops or facilities shall
be allowed only under the following requirements or conditions:

(1) The terms thereof are contained in a treaty duly concurred in by the
Senate;1

(2) When Congress so requires, the treaty must be ratified by a major-
ity of the votes cast by the people in a national referendum held for that
purpose; and

(3) The agreement is recognized also as a treaty by the other contract-
ing party.

The MBA was an executive agreement entered into between the Presi-
dent of the Philippines and the President of the United States. But while it
is a treaty as far as the Philippines is concerned because it was ratified by
the Philippine Senate. it was a mere executive agreement as far a;;: the
United States is concerned because it was never ratified b:'· the Cnited
States Senate. An executive agreement does not require legislative concur-
rence. It is binding only upon the heads of States entering into them. (see
Art. VIII, Sec. 4[2].) Thus, all disbursements under the MBA for the Philip-
pines have to be approved by the U.S. Congress. A treaty, on the other
hand, requires the concurrence of the legislative body to b~ valid and
effective. It is an international agreement binding upon the States as
parties thereto. (see Art. VII, Sec. 21.)

Section 25 is clear that the MBA as an executive agreement must
terminate in 19~1 beyond the sole power of the President on her own
exclusive authority except in the form of a treaty with the United States
which requires concurrence by our Senate.

SEC. 26. The authority to issue sequestration or freeze or-
ders 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 said period.

A sequestration or freeze order ~hall 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

:The Philippine Senate, in Senate Resolution No. 141, dated S4;!ptember 16, 1991.
rejected the proposed Treaty of Friendship, Cooperation and Security allowing U.S. military
bases in the Philippines.

526 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 26

with the proper court. For orders issued before the ratification
of this Cons titution, the corresponding judicial action or pro·
ceedingshallbefiled withinsix monthsfrom itsratification.For
those issued after such ratification, the judicial action or pro·
ceeding shall be commenced "";thin six months from the issu·
ance thereof.

The sequestration or freeze order is deemed automatically
lifted ifno judicial action or proceedingis commenced as herein
provided.

Sequestered or frozen properties.

By sequestration, property is pro-..isionally taken into custody pending
determination of its ownership. In relation to wealth proved to be ill-gotten,
the property will be confiscated in favor of the government. The purpose of
a freeze order is to prevent the unauthorized or unlawful dispo·sition of
contested property. (see Art. XI, Sec. 15.) A sequestration or freez e order is
to be distinguis hed from a search wa rrant. The latter may be issued only by
a judge and only upon showing of a probable cause. (see Art. III, Sec. 2.)

Under Executive Order No. 1 (May 12, 1986) which created t he Presi-
dential Commission on Good Government (PCGG), the said agency is em-
powered to sequester or freeze all ill-gotten assets and properties in the
Philippines of the deposed President and his immediate family, r elatives,
business associates, dummies and agents. This authority shall remain to be
operative for not more than 18 months after the ratification of the new
Constitution. The period may be extended by Congress if demanded by the
national interest as certified by the President. In any event, after ratifica-
tion , any such order shall be issued only upon showing of a prima facie case,
and the order and the list of the sequestered or frozen properties shall be
forthwith registered with the proper court. If no corresponding judicial
action or proceeding is filed within six (6) months from ratification or
issuance, as the case may be, the sequestration or freeze order is deem ed
automatically lifted.

The PCGG has been charged with violations of human and property
rights and other unconstit utional acts in a number of cases reaching up to
the Supreme Court in pursuing its t ask to r ecover alleged ill -gotten wealth
by the former President, his relatives, and cronies. From the viewpoint of
the PCGG, extraordinary process is required to recover suspected ill-gotten
wealth as it does not involve a simple case of malversation of public funds
or graft; incriminating documents obtained by t he government "speak of
grand larceny, of the plunder of an entire nation - an offense, unfortu-
nately, which does not appear in our statute books. Exis ting laws s uch as
the Anti-Graft Law did not anticipate a crime of such magnitude and
cannot cope with a series of acts that involve so many persons, here and
abroad, and which touch ed so many States and territorial units. Were the
PCGG to give previous notice and conduct a hearing before it could issue a

Sec. 27 ART. XVIII. - TRANSITORY PROVISIONS 527

writ of sequestration, the ill-gotten wealth sought would probably disap-
pear before the scheduled date of h earing." 1 An aggr ieved par ty is not
without any legal reme dy since he can invoke judicial processes to have his
property released.

SEC. 27. This Constitution shall take effect immediately
upon its ratification by a majority ofthe votes castin a plebiscite
held for t he purpose and sha ll supersed e all previous Constitu-
tions.

The foregoing proposed Constitution of the Republic of the
Philippines was approved by the Constitutional Commission of
1986on the twelfth day ofOctober Ninet een hundred a nd eighty-
six, and accordingly signed on the fifteenth day of October
Nine teen hundred and eighty-six at the Plenary Hall, National
Government Center, Quezon City, by the Commissioners whose
signatures are h ereunder affixed.

Effectivity of the new Constitution.

The 19fl7 Constitution took effect immediately upon its ratification by a
,..majority of t he votes cast in a plebiscite called for the purpose held on
··· February 2, 1987 . Its ratification was a nnounced on Feb:t~ary 11, 1987 by

Proclamation No: 58.1

The rat ification has the effect of completely repealing all previous
Constitutions - the 1935, 1973 and the Provisional Constitutions. It also
marked the establishment of a new Republ ic which was folt'owed by t he full
restoration of democratic ins titutions with the election of members of
Congress on May 2, 1987, provincial, city and municipa l officials on J anu-
ary 18, 1988, and barangay officials on March 28, 1989.

Legally, the new Constitution superseded only the Provisional Consti-
tut ion becaus e it was the only Constitution then in force and effect. How-
ever, t here were people who still claimed t hat the 1935 Constitution or the
1973 Constitution was still in forct.

-· oOo --

1According to Chairma n Jov ito R. Salonga in a speech before the Ateneo College of Law
on the •Practical Legal Aspect~; of Recovering Ill -Gotten Wealth," Aug. 25 , 1986.

10fficially, the new Constitution wok effect on February 11, 1987. Section 27, however,
is very clear that the "Constitution shall t~tke- effect immediately upon its ratification" which
took place on February 2, 1987, the day of the plebiscite . wh en the votes were cast.

Proclamation No. 149 (Jan. 24, 2002) declares Fe bruary 2 of every year as Constit ution
Day, making its cele bration as a non-working h oliday.

ORDINANCE*

This last part of the Constitution apportions the seats of the House of
Representatives of the Congress of the Philippines to the different legisla-
tive districts in provinces and cities and the Metropolitan Manila area in
accordance with t he number of their respective inhabitants, as follows :,

METROPOLITAN MANILA AREA:
Manila, six (6); Quezon City, four (4); Caloocan City, two (2); Pasay

City, one (1); Malabon and Navotas. one (1); San Juan and Mandaluyong,
one (1); Marikina, one (1); Makati, one (1); Pasig, one (1); Paranaque, one
(1); Las Pinas aad Muntinlupa, one (1); Pateros and Taguig, one (1);
Valenzuela, one (l)L

REGION I !
Abra, one {1); Benguet with the City of Baguio, two (2); Ilocos Norte with

Laoag City, two (2); llocos Sur, two (21: La Union, two (2); Mountain Province,
one ( 1); Pangasinan with the Cities of Dagupan and San Carlos, six (6)

REGION II:
Batanes, one (1); Cagayan, three •3); Ifugao, one (1); lsabela, four (4);

Kalinga-Apayao,2 one ( 1); Nueva Vizcaya, one (1 ); Quirino, one ( 1)

REGION III:
Bataan, two (2 ); Bulacan, four 14 ); Nueva Ecija, with the Cities of

Cabanatuan, Palayan and San J ose, four (4); Pampanga with Angeles City,
four (4); Tarlac, three (3); Zambales with Olongapo City, two (2)

REGION IV:
Aurora, one (1); Batangas, with the Cities of Batangas and Lipa, four

(4); Cavite with the Cities of Tagaytay, Cavite and Trece Martires, three

*The areas comprised within each legislative distr ict are omit ted.
1Makati, Pasig, Muntinlupa, Mandaluyong, Marikina, Las P ii'las, Paranaque, Taguig,
and Valenzuela are now citie11. Makati and P araiiaque now have two (2) legislative districts.
The number of representatives will have to he increased. R.A. No. 8535 creates the City of
Novaliches in Quezon City but its creation was rejected by the people in a plebiscite.
:!They are now two (2) separate provinces.

528

ORDINANCE 529

(3); Laguna with San Pablo City, four (4); Marinduque, one (1); Occidental
Mindoro, one ( 1); Oriental Mindoro, two (2); Palawan with Puerto Princesa
City, two (2); Quezon with Lucena City, four (4); Rizal, two (2); Romblon,
one (1)

REGIONV:
Albay with Legazpi City, three (3); Camarines Norte, one (1); Camarines

Sur including the Cities of Naga and lriga, four (4); Catanduanes, one (1);
Masbate, three (3); Sorsogon, two (2)

REGION VI:
Aklan, one (1); Antique, one (1}; Capiz including Roxas City, two (2);

Iloilo, five (5); Iloilo City, one (1); Negros Occidental, with the Cities of San
Carlos, Cadiz, Bago, La Carlota, and Silay, six (6); Bacolod City, one (1)

REGION VII:
Bohol, with Tagbilaran City, three (3); Cebu, with the Cities of Danao,

Lapu-Lapu, Mandaue, and Toledo, six (61; Cebu City, two (2); ~egros
Oriental, with the Cities of Bais, Canlaon, and Dumaguete, three {3J;
Siquijor, one (1)

REGION VIII:
Leyte, with the Cities ofTacloban and Ormoc, five (5); Southern Leyte,

one (1); Eastern Samar, one (1); Northern Samar, two (2); Samar with
Calbayog City, tw<' (2)

REGION IX:
Basilan, one ( 1); Sulu, two (2); Tawi-Tawi, one (1); Zamboanga Del

Norte with the Cities of Dapitan and Dipolog, three (3); Zamboanga Del
Sur, with Pagadian City, three (3); Zamboanga City, one (1)

REGION X:
Agusan del Norte, with the City ofButuan, two (2); Agusan del Sur, one

(1); Bukidnon, three (3); Camiguin, one (1); Misamis Occidental with the
Cities of Oroquieta, Ozamiz and Tangub, two (2); Misamis Oriental with
Gingoog City, two (2); c·agayan de Oro City, one (1); Surigao Del Norte with
the City of Surigao, two (2)

REGION XI:
Davao del Norte, three (3); Davao Oriental, two (2); Davao Del Sur, two

(2); Davao City, three (3); South Cotabato with General Santos City, three
(3); Surigao Del Sur, two (2)

530 TEXTBOOK ON THE PHILIPPINE CONSTITUTION

REGION XII:
Lanao Del Norte with Iligan City, two (2); Lanao Del Sur with Marawi

City, two (2); Maguindanao with Cotabato City, two (21; North Cotabato,
two (2); Sultan Kudarat, one (1)

The Ordinance also provides:
"Sec. 2. The Commission on Elections is hereby empowered to make

minor adjustments of the reappointment herein made.
Sec. 3. Any province that may hereafter be created, or any city

whose population may hereafter increase to more than two hundred
fifty thousand shall be entitled in the immediately following election to
at least one Member or such number ofMembers as it may be entitled to
on the basis of the number of its inhabitants and according to the
standards set forth in paragraph '3 1, Section 5 of Article VI of the
Constitution. The number of Members apportioned to the province out
of which such new province wa~ created or where the city, whose
population has so increased, is geographically located shall be corre-
spondingly adjusted by the Commission on Elections but such adjust-
ment shall not be made within one hundred and twenty days before the
election.

Sec. 4. This Ordinance shall be appended to the Constitution pro-
posed by the 1986 Constitutional Commission, and shall be submitted
to a plebiscite simultaneously with such Constitution, and shall take
effect upon its ratification by a majority of the votes cast in such
plebiscite.

Adopted, October 16, 1986."

-oOo-