Case Digest: Republic v. Sandiganbayan, G.R. No. 104768, July 21, 2003

Political Law Review | The 1986 Provisional Constitution

  • The case arose from a petition for forfeiture filed by the Presidential Commission on Good Government (PCGG) against Maj. Gen. Josephus Q. Ramas and Elizabeth Dimaano, alleging possession of ill-gotten wealth.

  • On March 3, 1986, military personnel confiscated ₱2.87 million and $50,000 in cash, along with military equipment and other items, from Dimaano’s residence.

  • The confiscation occurred during the interregnum period—after the EDSA Revolution (February 1986) but before the adoption of the Provisional Constitution (March 25, 1986).

  • Between Feb 25 and March 24, 1986, the Philippines was under a revolutionary government with no operative constitution.

    • The 1973 Constitution had already been abrogated following the success of the EDSA People Power Revolution on February 25, 1986.

    • Proclamation No. 3 (dated March 25, 1986) formally established a Provisional or Freedom Constitution, which adopted select provisions of the 1973 Constitution but excluded the Bill of Rights for a brief period.

  • Imelda Marcos challenged the admissibility of evidence obtained without a search warrant during the interregnum period following the EDSA Revolution, invoking constitutional protections under the Bill of Rights.


Whether constitutional rights under the 1973 Constitution, particularly the Bill of Rights, could
be invoked during the interregnum period. NO

  • The Court held that the EDSA Revolution resulted in a revolutionary government, which was not bound by the 1973 Constitution.

  • As stated in Proclamation No. 3, the revolution was carried out “in defiance of the 1973 Constitution.”

  • During the interregnum, there was no operative Constitution, and thus no enforceable Bill of Rights.

  • The directives and orders of the revolutionary government were the supreme law during this period.

  • Consequently, no exclusionary rights could be invoked against government actions taken during the interregnum, including the seizure of property.

  • Nevertheless, the Court made an important qualification: even without a domestic constitution, the State remained bound by its international human rights obligations, specifically under the International Covenant on Civil and Political Rights (ICCPR) and the Universal Declaration of Human Rights (UDHR


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