The Provisional Government of 1986
and the Fifth Republic
Corazon C. Aquino was inducted into office on February 25, 1986 as President of the Philippines, replacing Ferdinand E. Marcos. On March 25 of the same year, President Aquino issued Proclamation No. 3 ushering in a provisional government which was revolutionary in nature. Proclamation No. 3 provided for a provisional Constitution, also known as the Freedom Constitution, which was in substance the 1973 Constitution.
The ratification of the new Constitution on February 2, 1987 marked the coming into being of the Fifth Republic. The 1987 Constitution incorporates one whole article on local government which makes the provinces, cities, municipalities, and barangays as the territorial and political subdivisions of the Philippines and ordains the establishment of autonomous regions in Muslim Mindanao and the Cordilleras (Sec. 1, Art. X). The most significant provision of Article X is Section 2 which proclaims that the political subdivisions of the country shall enjoy autonomy. Furthermore, Sec. 3 thereof mandates the enactment by Congress of a Local Government Code.
Pursuant to and in compliance with aforesaid constitutional mandate, Congress enacted R.A. No. 7160 on October 10, 1991 providing for a Local Government Code. The LGC or Code, for brevity, has been undergoing implementation, thereafter.
The 1986 Provisional “Freedom” Constitution Of The Republic Of The Philippines
THE 1986 PROVISIONAL
REPUBLIC OF THE PHILIPPINES
PROCLAMATION NO. 3
DECLARING A NATIONAL POLICY TO IMPLEMENT THE REFORMS MANDATED BY THE PEOPLE, PROTECTING THEIR BASIC RIGHTS, ADOPTING A PROVISIONAL CONSTITUTION, AND PROVIDING FOR AN ORDERLY TRANSITION TO A GOVERNMENT UNDER A NEW CONSTITUTION. WHEREAS, the new government was installed through a direct exercise of the power of the Filipino people assisted by units of the New Armed Forces of the Philippines; .chan robles virtual law library
WHEREAS, the heroic action of the people was done in defiance of the provisions of the 1973 Constitution, as amended; WHEREAS, the direct mandate of the people as manifested by their extraordinary action demands the complete reorganization of the government, restoration of democracy, protection of basic rights, rebuilding of confidence in the entire governmental system, eradication of graft and corruption, restoration of peace and order, maintenance of the supremacy of civilian authority over the military, and the transition to a government under a New Constitution in the shortest time possible; WHEREAS, during the period of transition to a New Constitution it must be guaranteed that the government will respect basic human rights and fundamental freedoms;
WHEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by the sovereign mandate of the people, do hereby promulgate the following Provisional Constitution: PROVISIONAL CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
ADOPTION OF CERTAIN PROVISIONS OF THE 1973 CONSTITUTION, AS AMENDED Section 1. The provisions of ARTICLE I (National Territory), ARTICLE III (Citizenship), ARTICLE IV (Bill of Rights), ARTICLE V (Duties and Obligations of Citizens), and ARTICLE VI (Suffrage) of the 1973 Constitution, as amended, remain in force and effect and are hereby adopted in toto as part of this Provisional Constitution Section 2. The provisions of ARTICLE II (Declaration of Principles and State Policies), ARTICLE VII (The President), ARTICLE X (The Judiciary), ARTICLE XI (Local Government), ARTICLE XII (The Constitutional Commissions), ARTICLE XIII (Accountability of Public Officers), ARTICLE XIV (The National Economy and Patrimony of the Nation), ARTICLE XV (General Provisions) of the 1973 Constitution , as amended, are hereby adopted as part of this Provisional Constitution, insofar as they are not inconsistent with the...
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