sic itur ad astra

    Political Law Review | The 1986 Provisional Constitution Petitioner Alfredo M. De Leon was elected Barangay Captain of Barangay Dolores, Taytay, Rizal, in the May 17, 1982 Barangay elections, along with other petitioners as Barangay Councilmen, under Batas Pambansa Blg. 222 . Their term of office was set for six years , from June 7, 1982 to June 7, 1988, unless successors were elected and qualified. On February 9, 1987, De Leon received a Memorandum signed by OIC Governor Benjamin Esguerra on February 8, 1987, but antedated December 1, 1986, designating new barangay officials to replace the petitioners. The designation was made “by authority of the Minister of Local Government” and was based on Section 2, Article III of the Provisional Constitution , which allowed replacement of officials within one year from February 25, 1986 . Petitioners filed for Prohibition , arguing that the 1987 Constitution , ratified in a plebiscite on February 2, 1987 , had already taken effect...

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 ...

  Political Law Review | The 1986 Provisional Constitution After the February 1986 EDSA Revolution ousted President Ferdinand Marcos, Corazon Aquino assumed the presidency. Petitioners challenged the legitimacy of President Aquino’s government, arguing it was not established in accordance with the 1973 Constitution. On March 25, 1986, President Aquino issued Proclamation No. 3 , which: Abolished the 1973 Constitution. Promulgated a Provisional (Freedom) Constitution. Retained select provisions of the 1973 Constitution. Added new articles on executive powers, government reorganization, and existing laws. Called for a Constitutional Commission to draft a new charter. Whether the Aquino government was legally constituted under the 1973 Constitution. YES The Court dismissed all three petitions for lack of merit. Petitioners had no personality to sue and failed to state a valid cause of action. The Court ruled that the legitimacy of a government is a political question , not subje...

Political Law Review | The 1986 Provisional Constitution President Ferdinand Marcos announced a snap election for President and Vice President on February 7, 1986, to be held under Batas Pambansa Bilang 883. He also submitted a conditional resignation letter stating he would vacate the presidency only after the election had been held and a winner duly proclaimed and sworn in, raising doubts whether an actual vacancy occurred as required by Article VII, Section 9 of the 1973 Constitution. Civil society groups, led by the Philippine Bar Association , filed 11 petitions for prohibition to stop the enforcement of BP 883 and prevent the snap election, arguing the law was unconstitutional for allowing Marcos to remain in office while calling a special election. Whether Batas Pambansa 883 is unconstitutional .  The Supreme Court dismissed the petitions by a vote of 7–5 because fewer than ten justices voted to declare BP 883 unconstitutional (a constitutional invalidation of a statut...

Political Law Review | The 1973 Constitution On September 2, 1976, President Ferdinand E. Marcos issued Presidential Decree No. 991 , calling for a national referendum (October 16, 1976) via barangay assemblies. The referendum sought public approval for proposed amendments to the 1973 Constitution, including replacing the interim National Assembly with an interim Batasang Pambansa and extending presidential powers. On September 22, he issued P.D. 1031 (adopting voting procedures) and P.D. 1033 (specifying referendum questions). Petitioners Pablo C. Sanidad and Pablito V. Sanidad sought to stop COMELEC from holding the referendum, arguing that under both the 1935 and 1973 Constitutions, the President lacked the power to propose amendments during the transitional period, which was reserved for the interim National Assembly. Whether President Marcos has constitutional authority, under the 1973 Constitution, to propo se amendments and initiate a nationwide referendum in the absence of...

Political Law Review | The 1973 Constitution  On January 20, 1973, Josue Javellana , qualified voter and citizen, filed a petition seeking to halt the implementation of the proposed 1973 Constitution.  He alleged the President and Cabinet acted without jurisdiction, including creation of citizens' assemblies, proclamation of ratification via Proclamation No. 1102 , and use of unlawful ratification methods (e.g. viva voce voting by minors, lack of COMELEC supervision). Petitioners accused that ratification did not meet Article XV, Section 1 of the 1935 Constitution , which required an election or plebiscite under proper legal supervision and only qualified voter. Whether the 1973 Constitution validly ratified under the 1935 Constitution. YES By a majority of six votes, the Supreme Court dismissed all petitions. The Court concluded that there was no further judicial obstacle to the 1973 Constitution being considered in force and effect. Issue Outcome by Majority Minority View...