Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. 78059 August 31, 1987 ALFREDO M.

DE LEON, ANGEL S. SALAMAT, MARIO C. STA. ANA, OSE C. TOLENTINO, ROGELIO . DE LA ROSA !"# OSE M. RESURRECCION, petitioners, vs. $ON. %EN AMIN %. ESGUERRA, &" '&s (!)!(&t* !s OIC Go+,-"o- o. t', P-o+&"(, o. R&/!0, $ON. ROMEO C. DE LEON, &" '&s (!)!(&t* !s OIC M!*o- o. t', Mu"&(&)!0&t* o. T!*t!*, R&/!0, FLORENTINO G. MAGNO, REMIGIO M. TIGAS, RICARDO 1. LACANIENTA, TEODORO 2. MEDINA, ROSENDO S. PA1, !"# TERESITA L. TOLENTINO, respondents.

#eodoro 7. Medina, Roberto /. Pa$ and #eresita -. #olentino as !e!bers of the Barangay Council of the sa!e Barangay and Municipality. #hat the Me!oranda had been antedated is evidenced by the Affidavit of respondent 1'C 4overnor, the pertinent portions of .hich read8 999 999 999 #hat ' a! the 1'C 4overnor of Ri$al having been appointed as such on March ,:, (*+3; #hat as being 1'C 4overnor of the Province of Ri$al and in the perfor!ance of !y duties thereof, ' a!ong others, have signed as ' did sign the unnu!bered !e!orandu! ordering the replace!ent of all the barangay officials of all the barangay<s= in the Municipality of #aytay, Ri$al; #hat the above cited !e!orandu! dated "ece!ber (, (*+3 .as signed by !e personally on 2ebruary +,(*+);

MELENCIO3$ERRERA, J.: An original action for Prohibition instituted by petitioners seeking to en oin respondents fro! replacing the! fro! their respective positions as Barangay Captain and Barangay Council!en of Barangay "olores, Municipality of #aytay, Province of Ri$al. As re%uired by the Court, respondents sub!itted their Co!!ent on the Petition, and petitioner&s their Reply to respondents& Co!!ent. 'n the Barangay elections held on May (), (*+,, petitioner Alfredo M. "e -eon .as elected Barangay Captain and the other petitioners Angel /. /ala!at, Mario C. /ta. Ana, 0ose C. #olentino, Rogelio 0. de la Rosa and 0ose M. Resurreccion, as Barangay Council!en of Barangay "olores, #aytay, Ri$al under Batas Pa!bansa Blg. ,,,, other.ise kno.n as the Barangay Election Act of (*+,. 1n 2ebruary *, (*+), petitioner Alfredo M, de -eon received a Me!orandu! antedated "ece!ber (, (*+3 but signed by respondent 1'C 4overnor Ben a!in Esguerra on 2ebruary +, (*+) designating respondent 2lorentino 4. Magno as Barangay Captain of Barangay "olores, #aytay, Ri$al. #he designation !ade by the 1'C 4overnor .as 5by authority of the Minister of -ocal 4overn!ent.5 Also on 2ebruary +, (*+), respondent 1'C 4overnor signed a Me!orandu!, antedated "ece!ber (, (*+3 designating respondents Re!igio M. #igas, Ricardo 6. -acanienta #hat said !e!orandu! .as further deci!inated <sic= to all concerned the follo.ing day, 2ebruary *. (*+). 2>R#?ER A22'AN# /A@E#? N1NE. Pasig, Metro Manila, March ,A, (*+). Before us no., petitioners pray that the sub ect Me!oranda of 2ebruary +, (*+) be declared null and void and that respondents be prohibited fro! taking over their positions of Barangay Captain and Barangay Council!en, respectively. Petitioners !aintain that pursuant to /ection A of the Barangay Election Act of (*+, <BP Blg. ,,,=, their ter!s of office 5shall be si9 <3= years .hich shall co!!ence on 0une ), (*+, and shall continue until their successors shall have elected and shall have %ualified,5 or up to 0une ), (*++. 't is also their position that .ith the ratification of the (*+) Constitution, respondent 1'C 4overnor no longer has the authority to replace the! and to designate their successors. 1n the other hand, respondents rely on /ection ,, Article ''' of the Provisional Constitution, pro!ulgated on March ,B, (*+3, .hich provided8 /EC#'1N ,. All elective and appointive officials and e!ployees under the (*)A Constitution shall continue in office until other.ise provided by procla!ation or e9ecutive order or upon the designation or appoint!ent

and %ualification of their successors, if such appoint!ent is !ade .ithin a period of one year fro! 2ebruary ,B,(*+3. By reason of the foregoing provision, respondents contend that the ter!s of office of elective and appointive officials .ere abolished and that petitioners continued in office by virtue of the afore%uoted provision and not because their ter! of si9 years had not yet e9pired; and that the provision in the Barangay Election Act fi9ing the ter! of office of Barangay officials to si9 <3= years !ust be dee!ed to have been repealed for being inconsistent .ith the afore%uoted provision of the Provisional Constitution. E9a!ining the said provision, there should be no %uestion that petitioners, as elective officials under the (*)A Constitution, !ay continue in office but should vacate their positions upon the occurrence of any of the events !entioned. 1 /ince the pro!ulgation of the Provisional Constitution, there has been no procla!ation or e9ecutive order ter!inating the ter! of elective Barangay officials. #hus, the issue for resolution is .hether or not the designation of respondents to replace petitioners .as validly !ade during the oneCyear period .hich ended on 2ebruary ,B, (*+). Considering the candid Affidavit of respondent 1'C 4overnor, .e hold that 2ebruary +, (*)), should be considered as the effective date of replace!ent and not "ece!ber (,(*+3 to .hich it .as ante dated, in keeping .ith the dictates of ustice. But .hile 2ebruary +, (*+) is ostensibly still .ithin the oneCyear deadline, the afore%uoted provision in the Provisional Constitution !ust be dee!ed to have been overtaken by /ection ,), Article D7''' of the (*+) Constitution reading. SECTION 27. #his Constitution shall take effect i!!ediately upon its ratification by a !a ority of the votes cast in a plebiscite held for the purpose and shall supersede all previous Constitutions. #he (*+) Constitution .as ratified in a plebiscite on 2ebruary ,, (*+). By that date, therefore, the Provisional Constitution !ust be dee!ed to have been superseded. ?aving beco!e inoperative, respondent 1'C 4overnor could no longer rely on /ection ,, Article ''', thereof to designate respondents to the elective positions occupied by petitioners. Petitioners !ust no. be held to have ac%uired security of tenure specially considering that the Barangay Election Act of (*+, declares it 5a policy of the /tate to guarantee and pro!ote the autono!y of the barangays to ensure their fullest develop!ent as selfC reliant co!!unities. 4 /i!ilarly, the (*+) Constitution ensures the autono!y of local govern!ents and of political subdivisions of .hich the barangays for! a part, 3 and li!its

the President&s po.er to 5general supervision5 over local govern!ents. 5 Relevantly, /ection +, Article D of the sa!e (*+) Constitution further provides in part8 /ec. +. #he ter! of office of elective local officials, e9cept barangay officials, .hich shall be deter!ined by la., shall be three years ... >ntil the ter! of office of barangay officials has been deter!ined by la., therefore, the ter! of office of si9 <3= years provided for in the Barangay Election Act of (*+, 5 should still govern. Contrary to the stand of respondents, .e find nothing inconsistent bet.een the ter! of si9 <3= years for elective Barangay officials and the (*+) Constitution, and the sa!e should, therefore, be considered as still operative, pursuant to /ection A, Article D7''' of the (*+) Constitution, reading8 /ec. A. All e9isting la.s, decrees, e9ecutive orders, procla!ations letters of instructions, and other e9ecutive issuances not inconsistent, .ith this Constitution shall re!ain operative until a!ended, repealed or revoked. E?ERE21RE, <(= #he Me!oranda issued by respondent 1'C 4overnor on 2ebruary +, (*+) designating respondents as the Barangay Captain and Barangay Council!en, respectively, of Barangay "olores, #aytay, Ri$al, are both declared to be of no legal force and effect; and <,= the Erit of Prohibition is granted en oining respondents perpetually fro! proceeding .ith the ousterFtakeCover of petitioners& positions sub ect of this Petition. Eithout costs. /1 1R"ERE". Yap, Fernan, Narvasa, Gutierrez, Jr., Paras, Feliciano, Ganca co, Pa!illa, "i!in an! Cortes, JJ., concur.

S,)!-!t, O)&"&o"s

TEE$AN6EE, CJ., concurring8

#he !ain issue resolved in the udg!ent at bar is .hether the (*+) Constitution took effect on Fe#ruar 2, $%&7, the date that the plebiscite for its ratification .as held or .hether it took effect on Fe#ruar $$, $%&7, the date its ratification .as proclai!ed per Procla!ation No. B+ of the President of the Philippines, Cora$on C. A%uino. #he Court&s decision, .ith the lone dissent of Mr. 0ustice /ar!iento, holds that by virtue of the provision of Article D7''', /ection ,) of the (*+) Constitution that it 5shall take effect i!!ediately upon its ratification by a !a ority of the votes cast in a plebiscite held for the purpose,5 the (*+) Constitution took effect on 2ebruary ,, (*+), the date of its ratification in the plebiscite held on that sa!e date. #he thrust of the dissent is that the Constitution should be dee!ed to 5take effect on the date its ratification shall have been ascertained and not at the ti!e the people cast their votes to approve or re ect it.5 #his vie. .as actually proposed at the Constitutional Co!!ission deliberations, but .as .ithdra.n by its proponent in the face of the 5over.hel!ing5 contrary vie. that the Constitution 5.ill be effective on the very day of the plebiscite.5 #he record of the proceedings and debates of the Constitutional Co!!ission fully supports the Court&s udg!ent. 't sho.s that the clear, une%uivocal and e9press intent of the Constitutional Conunission in unani!ously approving <by thirtyCfive votes in favor and none against= the afore%uoted /ection ,) of #ransitory Article D7''' of the (*+) Constitution .as that 5the act of ratification is the act of voting by the people. /o that is the date of the ratification5 and that 5the canvass thereafter Gof the votesH is !erely the !athe!atical confir!ation of .hat .as done during the date of the plebiscite and the procla!ation of the President is !erely the official confir!atory declaration of an act .hich .as actually done by the 2ilipino people in adopting the Constitution .hen they cast their votes on the date of the plebiscite.5 #he record of the deliberations and the voting is reproduced hereinbelo.8
1

BEEN RA#'2'E".5 And on the last line, after 5constitutions,5 add the follo.ing8 5AN" #?E'R AMEN"MEN#/.5 MR. MAAMB1N4. 0ust a !o!ent, Mada! President. 'f Co!!issioner "avide is going to propose an additional sentence, the co!!ittee .ould suggest that .e take up first his a!end!ent to the first sentence as originally for!ulated. Ee are no. ready to co!!ent on that proposed a!end!ent. #he proposed a!end!ent .ould be to delete the .ords 5its ratification and in lieu thereof insert the .ords 5#?E PR1C-AMA#'1N B@ #?E PRE/'"EN# #?A# '# ?A/ BEEN RA#'2'E".5 And the second a!end!ent .ould be8 After the .ord 5constitutions,5 add the .ords5 AN" #?E'R AMEN"MEN#/,5 #he co!!ittee accepts the first proposed a!end!ent. ?o.ever, .e regret that .e cannot accept the second proposed a!end!ent after the .ord 5constitutions5 because the co!!ittee feels that .hen .e talk of all previous Constitutions, necessarily it includes 5AN" #?E'R AMEN"MEN#/.5 MR. "A7'"E. Eith that e9planation, l .ill not insist on the second. But, Mada! President, !ay ' re%uest that ' be allo.ed to read the second a!end!ent so the Co!!ission .ould be able to appreciate the change in the first. MR. MAAMB1N4. @es, Mada! President, .e can no. do that. MR. "A7'"E. #he second sentence .ill read8 5#?E PR1C-AMA#'1N /?A-- BE MA"E E'#?'N 2'7E "A@/ 21--1E'N4 #?E C1MP-E#'1N 12 #?E CAN7A// B@ #?E C1MM'//'1N 1N E-EC#'1N/ 12 #?E RE/>-#/ 12 />C? P-EB'/C'#E.5 MR. MAAMB1N4. Mada! President, after conferring .ith our chair!an, the co!!ittee feels that the second proposed a!end!ent in the for! of a ne. sentence .ould not be e9actly necessary and the co!!ittee feels that it .ould be too !uch for us to i!pose a ti!e fra!e on the President to !ake the procla!ation. As .e .ould recall, Mada! President, in the approved Article on the E9ecutive, there is a provision .hich says that the President shall !ake certain that all la.s shall be faithfully co!plied. Ehen .e approve this first sentence, and it says that there .ill be a procla!ation by the President that the Constitution has been ratified, the President .ill naturally co!ply .ith the la. in accordance .ith the

MR. MAAMB1N4. 'a!a( Presi!ent, (a )e no) put to a vote t*e ori+inal ,or(ulation o, t*e co((ittee as in!icate! in Section $2, unless t*ere are ot*er co((issioners )*o )oul! li-e to present a(en!(ents. MR. "A7'"E. 'a!a( Presi!ent. #?E PRE/'"EN#. Co((issioner .avi!e is reco+nize!. MR. "A7'"E. May ' propose the follo.ing a!end!ents. 1n line ,, delete the .ords 5its ratification5 and in lieu thereof insert the follo.ingC. 5#?E PR1C-AMA#'1N B@ #?E PRE/'"EN# #?A# '# ?A/

provisions in the Article on the E9ecutive .hich .e have cited. 't .ould be too !uch to i!pose on the President a ti!e fra!e .ithin .hich she .ill !ake that declaration. 't .ould be assu!ed that the President .ould i!!ediately do that after the results shall have been canvassed by the C1ME-EC. #herefore, the co!!ittee regrets that it cannot accept the second sentence .hich the 4entle!an is proposing, Mada! President. MR. "A7'"E. ' a! prepared to .ithdra. the sa!e on the assu!ption that there .ill be an i!!ediate procla!ation of the results by the President. MR. MAAMB1N4. Eith that understanding, Mada! President. MR. "A7'"E. ' .ill not insist on the second sentence. 2R. BERNA/. Mada! President. #?E PRE/'"EN#. Co!!issioner Bernas is recogni$ed. 2R. BERNA/. ' .ould ask the co!!ittee to reconsider its acceptance of the a!end!ent .hich !akes the effectivity of the ne. Constitution dependent upon the procla!ation of the President. T*e e,,ectivit o, t*e Constitution s*oul! co((ence on t*e !ate o, t*e rati,ication, not on t*e !ate o, t*e procla(ation o, t*e Presi!ent . Ehat is confusing, ' think, is )*at *appene! in $%7/ .hen the a!end!ents of (*)3 .ere ratified. 'n that particular case, the reason t*e a(en!(ents o, $%7/ )ere e,,ective upon t*e procla(ation o, t*e Presi!ent .as that the draft presented to the people said that the a!end!ent .ill be effective upon the procla!ation !ade by the President. ' have a suspicion that .as put in there precisely to give the President so!e kind of lee.ay on .hether to announce the ratification or not. #herefore, )e s*oul! not (a-e t*is !epen!ent on t*e action o, t*e Presi!ent since t*is )ill #e a (ani,estation o, t*e act o, t*e people to #e !one un!er t*e supervision o, t*e CO'E0ECand it should be the C1ME-EC .ho should !ake the announce!ent that, in fact, the votes sho. that the Constitution .as ratified and there should be no need to .ait for any procla!ation on the part of the President. MR. MAAMB1N4. Eould the 4entle!an ans.er a fe. clarificatory %uestionsI

2R. BERNA/. Eillingly, Mada! President. MR. MAAMB1N4. #he 4entle!an .ill agree that a date has to be fi9ed as to e9actly .hen the Constitution is supposed to be ratified. 2R. BERNA/. ' .ould say that t*e rati,ication o, t*e Constitution is on t*e !ate t*e votes )ere suppose! to *ave #een cast. MR. MAAMB1N4. -et us go to the !echanics of the .hole thing, Mada! President. Ee present the Constitution to a plebiscite, the people e9ercise their right to vote, then the votes are canvassed by the Co!!ission on Elections. 'f .e delete the suggested a!end!ent .hich says8 5#?E PR1C-AMA#'1N B@ #?E PRE/'"EN# #?A# '# ?A/ BEEN RA#'2'E",5 .hat .ould be, in clear ter!s, the date .hen the Constitution is supposed to be ratified or not ratified, as the case !ay beI 2R. BERNA/. #he date .ould be the casting of the ballots. if the President .ere to say that the plebiscite .ould be held, for instance, on 0anuary (*, (*+), then the date for the effectivity of the ne. Constitution .ould be 0anuary (*, (*+). MR. MAAMB1N4. 'n other .ords, it .ould not depend on the actual issuance of the results by the Co!!ission on Elections .hich .ill be doing the canvassI #hat is i!!aterial Mada! President 2R. BERNA/. 't .ould not, Mada! President, because 5ratification5 is the act of saying 5yes5 is done .hen one casts his ballot. MR. MAAMB1N4. /o it is the date of the plebiscite itself, Mada! PresidentI 2R. BERNA/. @es, Mada! President. MR. MAAMB1N4. Eith that state!ent of Co!!issioner Bernas, .e .ould like to kno. fro! the proponent, Co!!issioner "avide, if he is insisting on his a!end!ent. MR. "A7'"E. Mada! President, ' a! insisting on the a!end!ent because ' cannot subscribe to the vie. of Co!!issioner Bernas, that the date of the ratification is reckoned fro! the date of the casting of the ballots. #hat cannot be the date of reckoning because it is a plebiscite all over the country. Ee do not split the !o!ent of casting by each of the voters. Actually and technically speaking, it .ould be all right if it .ould

be upon the announce!ent of the results of the canvass conducted by the C1ME-EC or the results of the plebiscite held all over the country. But it is necessary that there be a body .hich .ill !ake the for!al announce!ent of the results of the plebiscite. /o it is either the President or the C1ME-EC itself upon the co!pletion of the canvass of the results of the plebiscite, and ' opted for the President. 999 999 999 MR. N1--E"1. Mada! President. #?E PRE/'"EN#. Co!!issioner Nolledo is recogni$ed. MR. N1--E"1. #hank you, Mada! President. ' beg to disagree .ith Co!!issioner "avide. ' support the stand of Co!!issioner Bernas because it is reall t*e !ate o, t*e castin+ o, t*e 1 es1 votes t*at is t*e !ate o, t*e rati,ication o, t*e Constitution T*e announce(ent (erel con,ir(s t*e rati,ication even if the results are released t.o or three days after. ' think it is a funda!ental principle in political la., even in civil la., because an announce!ent is a !ere confir!ation T*e act o, rati,ication is t*e act o, votin+ # t*e people. /o that is the date of the ratification. 'f there should be any need for presidential procla!ation, that procla!ation .ill !erely confir! the act of ratification. #hank you, Mada! President. #?E PRE/'"EN#. "oes Co!!issioner Regalado .ant to contributeI MR. RE4A-A"1. Mada! President, ' .as precisely going to state the sa!e support for Co!!issioner Bernas, because the canvass thereafter is !erely the (at*e(atical con,ir(ation of .hat .as done during the date of the plebiscite and the procla(ation of the President is (erel t*e o,,icial con,ir(ator !eclaration o, an act )*ic* )as actuall !one # t*e Filipino people in a!optin+ t*e Constitution )*en t*e cast t*eir votes on t*e !ate o, t*e ple#iscite. MR. -ER>M. Mada! President, !ay ' be recogni$ed. #?E PRE/'"EN#. Co!!issioner -eru! is recogni$ed. MR. -ER>M. ' a! in favor of the "avide a!end!ent because .e have to fi9 a date for the effectivity of the Constitution. /uppose the announce!ent is delayed by, say, (: days or a !onth, .hat happens to

the obligations and rights that accrue upon the approval of the ConstitutionI /o ' think .e !ust have a definite date. ' a!, therefore, in favor of the "avide a!end!ent. MR. MAAMB1N4. Mada! President. #?E PRE/'"EN#. Co!!issioner Maa!bong is recogni$ed. MR. MAAMB1N4. Eith the theory of the Co!!issioner, .ould there be a necessity for the Co!!ission on Elections to declare the results of the canvassI 2R. BERNA/. #here .ould be because it is t*e Co((ission on Elections )*ic* (a-es t*e o,,icial announce(ent o, t*e results. MR. MAAMB1N4. My ne9t %uestion .hich is the final one is8 After the Co!!ision on Elections has declared the results of the canvass, .ill there be a necessity for the President to !ake a procla!ation of the results of the canvass as sub!itted by the Co!!ission on ElectionsI 2R. BERNA/. ' .ould say there .ould be no necessity, Mada! President. MR. MAAMB1N4. 'n other .ords, the President !ay or !ay not !ake the procla!ation .hether the Constitution has been ratified or not. 2R. BERNA/. ' .ould say that the procla!ation !ade by the President .ould be i!!aterial because under the la., the ad!inistration of all election la.s is under an independent Co!!ission on Elections. 't is the Co!!ission on Elections .hich announces the results. MR. MAAMB1N4. But nevertheless, the President !ay !ake the procla!ation. 2R. BERNA/. @es, the President !ay. And if .hat he says contradicts .hat the Co!!ission on Elections says, it .ould have no effect. ' .ould only add that .hen .e say that the date of effectivity is on the day of the casting of the votes, .hat .e !ean is that the Constitution takes effect on every single !inute and every single second of that day, because the Civil Code says a day has ,J hours.So t*at even i, t*e votes are cast in t*e (ornin+, t*e Constitution is reall e,,ective ,ro( t*e previous (i!ni+*t.

/o that .hen .e adopted the ne. rule on citi$enship, the children of 2ilipino !others or anybody born on the date of effectivity of the (*)A Constitution, .hich is 0anuary (), (*)A, are naturalCborn citi$ens, no !atter .hat ti!e of day or night. MR. MAAMB1N4. Could .e, therefore, safely say that .hatever date is the pu#lication o, t*e results o, t*e canvass # t*e CO'E0EC retroacts to t*e !ate o, t*e ple#iscite2 2R. BERNA/. @es, Mada! President. MR. MAAMB1N4. ' thank the Co!!issioner. MR. 4>'N41NA. Mada! President. #?E PRE/'"EN#. Co!!issioner 4uingona is recogni$ed. MR. 4>'N41NA. Mention .as !ade about the need for having a definite date. ' think it is precisely the proposal of Co!!issioner Bernas .hich speaks of the date <of ratification that .ould have a definite date, because t*ere )oul! #e no !e,inite !ate i, )e !epen! upon t*e canvassin+ # t*e CO'E0EC. #hank you, #?E PRE/'"EN#. Co!!issioner Concepcion is recogni$ed. MR. C1NCEPC'1N. #hank you, Mada! President. Ehoever !akes the announce!ent as to the result of the plebiscite, be it the C1ME-EC or the President, .ould announce that a !a ority of the votes cast on a given date .as in favor of the Constitution. And that is the date .hen the Constitution takes effect, apart fro! the fact that the provision on the drafting or a!end!ent of the Constitution provides that a constitution beco!es effective upon ratification by a !a ority of the votes cast, although ' .ould not say fro! the very beginning of the date of election because as of that ti!e it is i!possible to deter!ine .hether there is a !a ority. 3t t*e en! o, t*e !a o, election or ple#iscite, t*e !eter(ination is (a!e as o, t*at ti(e4t*e (a5orit o, t*e votes cast in a ple#iscite *el! on suc* an! suc* a !ate. So t*at is t*e ti(e )*en t*e ne) Constitution )ill #e consi!ere! rati,ie! an!, t*ere,ore, e,,ective.

#?E PRE/'"EN#. May .e no. hear 7iceCPresident Padilla. MR. PA"'--A. Mada! President, ' a! against the proposed a!end!ent of Co!!issioner "avide and ' support the vie. of Co!!issioner Bernas and the others because the ratification of the Constitution is on the date the people, by a !a ority vote, have cast their votes in favor of the Constitution. Even in civil la., if there is a contract, say, bet.een an agent and a third person and that contract is confir!ed or ratified by the principal, the validity does not begin on the date of ratification but it retroacts fro! the date the contract .as e9ecuted. #herefore, t*e !ate o, t*e Constitution as rati,ie! s*oul! retroact to t*e !ate t*at t*e people *ave cast t*eir a,,ir(ative votes in ,avor o, t*e Constitution. MR. MAAMB1N4. Mada! President. #?E PRE/'"EN#. Co!!issioner Maa!bong is recogni$ed MR. MAAMB1N4. Ee .ill no. ask once !ore Co!!issioner "avide if he is insisting on his a!end!ent MR. "A7'"E. In vie) o, t*e e6planation an! over)*el(in+ tyranny of the opinion t*at it )ill #e e,,ective on t*e ver !a o, t*e ple#iscite , ' a! )it*!ra)in+ !y a!end!ent on the assu!ption that any of the follo.ing bodies the 1ffice of the President or the C1ME-EC .ill !ake the for!al announce!ent of the results. MR. RAMA. Mada! President, .e are no. ready to vote on the original provision as stated by the co!!ittee. MR. MAAMB1N4. #he co!!ittee .ill read again the for!ulation indicated in the original co!!ittee report as /ection (,. T*is Constitution s*all ta-e e,,ect i((e!iatel upon its rati,ication # a (a5orit o, t*e votes cast in a ple#iscite calle! ,or t*e purpose an! s*all superse!e all previous Constitutions. Ee ask for a vote, Mada! President. 71#'N4

#?E PRE/'"EN#. As !any as are in favor, please raise their hand. <Several 'e(#ers raise! t*eir *an!s. = As !any as are against, please raise their hand. <No 'e(#er raise! *is *an!.=
T*e results s*o) 78 votes in ,avor an! none a+ainst9 Section $2 is approve!. 4

indicating that the Chief E9ecutive has like.ise considered 2ebruary ,, (*+) as the effective date of the Constitution, as no. e9pressly declared by the Court. CRU1, J., concurring. 'n her %uiet and restrained !anner, 0ustice ?errera is able to prove her point .ith !ore telling effect than the tones of thunder. /he has .ritten another persuasive opinion, and ' a! delighted to concur. ' note that it in effect affir!s !y dissents in the "e la /erna, 6a!ora, "u%uing and Bayas cases, .here ' sub!itted that the local 1'Cs !ay no longer be su!!arily replaced, having ac%uired security of tenure under the ne. Constitution. 1ur difference is that .hereas ' .ould !ake that right co!!ence on 2ebruary ,B, (*+), after the deadline set by the 2reedo! Constitution, 0ustice ?errera .ould opt for 2ebruary ,, (*+), .hen the ne. Constitution .as ratified. ' yield to that better vie. and agree .ith her ponencia co!pletely. SARMIENTO, J., "issenting. Eith due respect to the !a ority ' register this dissent. Ehile ' agree that the oneCyear deadline prescribed by /ection ,, Article ''' of the Provisional Constitution .ith respect to the tenure of govern!ent functionaries, as follo.s8 /EC#'1N ,. All elective and appointive officials and e!ployees under the (*)A Constitution shall continue in office until other.ise provided by procla!ation or e9ecutive order or upon the designation or appoint!ent and %ualification of their successors, if such appoint!ent is !ade .ithin a period of one year fro! 2ebruary ,B, (*+3. .as cut short by the ratification of the (*+) Constitution, ' entertain serious doubts .hether or not that cutCoff period began on 2ebruary ,, (*+), the date of the plebiscite held to approve the ne. Charter. #o !y !ind the (*+) constitution took effect on 2ebruary ((, (*+), the date the sa!e .as proclai!ed ratified pursuant to Procla!ation No. B+ of the President of the Philippines, and not 2ebruary ,, (*+), plebiscite day. ' rely, first and fore!ost, on the language of the (*+) Charter itself, thus8 /ec. ,). #his Constitution shag take effect i!!ediately upon its ratification by a !a ority of the votes cast in a plebiscite held for the purpose and shall supersede all previous Constitutions. 't is !y reading of this provision that the Constitution takes effect on the date its ratification shall have been ascertained, and not at the ti!e the people cast their votes to

#he Court ne9t holds as a conse%uence of its declaration at bar that the Constitution took effect on the date of its ratification in the plebiscite held on 2ebruary ,, (*+), that8 <(= the Provisional Constitution pro!ulgated on March ,B, (*+3 !ust be dee!ed to have been superseded by the (*+) Constitution on the sa!e date 2ebruary ,, (*+) and <,= by and after said date, 2ebruary ,, (*+), absent any saying clause to the contrary in the #ransitory Article of the Constitution, respondent 1'C 4overnor could no longer e9ercise the po.er to replace petitioners in their positions as Barangay Captain and Council!en. ?ence, the atte!pted replace!ent of petitioners by respondent 1'C 4overnor&s designation on 2ebruary +, (*+) of their successors could no longer produce any legal force and effect. Ehile the Provisional Constitution provided for a oneCyear period e9piring on March ,B, (*+) .ithin .hich the po.er of replace!ent could be e9ercised, this period .as shortened by the ratification and effectivity on 2ebruary ,, (*+) of the Constitution. ?ad the intention of the fra!ers of the Constitution been other.ise, they .ould have so provided for in the #ransitory Article, as indeed they provided for !ultifarious transitory provisions in t.enty si9 sections of Article D7''', e.g. e9tension of the si9Cyear ter! of the incu!bent President and 7iceCPresident to noon of 0une A:, (**, for purposes of synchroni$ation of elections, the continued e9ercise of legislative po.ers by the incu!bent President until the convening of the first Congress, etc. A final note of clarification, as to the state!ent in the dissent that 5the appoint!ents of so!e seven Court of Appeals 0ustices, )( provincial fiscals and BB city fiscals reported e9tended <by= the President on 2ebruary ,, (*+) . . . could be open to serious %uestions,5 in vie. of the provisions of /ections + <(= and *, Article 7''' of the Constitution .hich re%uire prior endorse!ent thereof by the 0udicial and Bar Council created under the Constitution. 't should be stated for the record that the reported date of the appoint!ents, 2ebruary ,, (*+), is incorrect. #he official records of the Court sho. that the appoint!ents of the seven Court of Appeals 0ustices .ere trans!itted to this Court on 2ebruary (, (*+) and they .ere all appointed on or before 0anuary A(, (*+). 3</i!ilarly, the records of the "epart!ent of 0ustice like.ise sho. that the appoint!ent papers of the last batch of provincial and city fiscals signed by the President in co!pletion of the reorgani$ation of the prosecution service .ere !ade on 0anuary A(, (*+) and trans!itted to the "epart!ent on 2ebruary (, (*+).= 't is also a !atter of record that since 2ebruary ,, (*+), no appoint!ents to the 0udiciary have been e9tended by the President, pending the constitution of the 0udicial and Bar Council,

approve or re ect it. 2or it cannot be logically said that Constitution .as ratified during such a plebiscite, .hen the .ill of the people as of that ti!e, had not, and could not have been, vet deter!ined. 1ther than that, prag!atic considerations co!pel !e to take the vie.. ' have no doubt that bet.een 2ebruary ,, and 2ebruary ((, (*+) the govern!ent perfor!ed acts that .ould have been valid under the Provisional Constitution but .ould other.ise have been void under the (*+) Charter. ' recall, in particular, the appoint!ents of so!e seven Court of Appeals 0ustices, )( provincial fiscals, and BB city fiscals the President reportedly e9tended on 2ebruary ,, (*+). 1 >nder /ections + <(= and *, Article 7''', of the l*+) Constitution, as follo.s8 999 999 999

/EC. (3. #his Constitution shall take effect i!!ediately upon its ratification by a !a ority of the votes cast in a plebiscite called for the purpose and, e9cept as herein provided, shall supersede the Constitution of nineteenChundred and thirtyC five and all a!end!ents thereto. 1n 1ctober ,), (*)3, then President Marcos pro!ulgated Procla!ation no. (B*B, proclai!ing the ratification of the (*)3 a!end!ents sub!itted in the plebiscite of 1ctober (3C (), (*)3. #he Procla!ation states, inter alia, that. By virtueCof the po.ers vested in !e by la., ' hereby proclai! all the a!end!ents e!bodied in this certificate as duly ratified by the 2ilipino people in the referendu!C plebiscite held 1ct. (3C(), (*)3 and are therefore effective and in full force and effect as of this date. 't shall be noted that under A!end!ent No. * of the said (*)3 a!end!ents.

/ec. +. <'=A 0udicial and Bar Council is hereby created under the supervision of the /upre!e Court co!posed of the Chief 0ustice as e6 o,,icio Chair!an, the /ecretary of 0ustice, and a representative of the Congress as e6 o,icio Me!bers, a representative of the 'ntegrated Bar, a professor of la., a retired Me!ber of the /upre!e Court, and a representative of the private sector. 999 999 999 /ec. *. #he Me!bers of the /upre!e Court and udges of lo.er courts shall be appointed by the President fro! a list of at least three no!inees prepared by the 0udicial and Bar Council for every vacancy, /uch appoint!ents need no confir!ation. 999 999 999 such appoint!ents could be open to serious %uestions. /ince (*)A, !oreover, .e have invariably reckoned the effectivity of the Constitution as .ell as the a!end!ents thereto fro! the date it is proclai!ed ratified. 'n 'a+toto v. 'an+uera, 4 .e held that the (*)A Constitution beca!e in force and effect on 0anuary (), (*)A, the date Procla!ation No. ((:,, 5Announcing the Ratification by the 2ilipino People of the Constitution Proposed by the (*)( Constitutional Convention,5 .as issued, although Mr. 0ustice, no. Chief 0ustice, #eehankee .ould push its effectivity date further to April (), (*)A, the date our decision in Javellana v. E6ecutive Secretar , 3 beca!e final. And this .as so not.ithstanding /ection (3, Article D7'', of the (*)A Constitution, thus8

#hese a!end!ents shall take effect after the incu!bent President shall have proclai!ed that they have been ratified by a !a ority of the votes cast in the referendu!Cplebiscite. 1n April (, (*+:, the then Chief E9ecutive issued Procla!ation no. (*B*, 5Proclai!ing the Ratification by the 2ilipino People of the A!end!ents of /ection ), Article D of the Constitution5 <lengthening the ter!s of office of udges and ustices=. #he Procla!ation provides8 GtHhe aboveC%uoted a!end!ent has been duly ratified by a !a ority of the votes cast in the plebiscite held, together .ith the election for local officials, on 0anuary A:, (*+:, and that said a!end!ent is hereby declared to take effect i!!ediately. 't shall be noted that under Resolution No. ,(, dated "ece!ber (+, (*)*, the proposed a!end!ent shall take effect on the date the incu!bent PresidentFPri!e Minister shall proclai! its ratification. 1n April ), (*+(, Procla!ation No. ,:)) .as issued 5Proclai!ing the Ratification in the Plebiscite of April ), (*+( of the A!end!ents to the Constitution E!bodied in Batas Pa!bansa Blg. (,, and "eclaring #he! #herefore Effective and in 2ull 2orce and Effect.5 #he Procla!ation, in declaring the said a!end!ents duly approved, further declared the! 5GeHffective and in full force and in effect as of the date of this Procla!ation,5 't shall be noted, in this connection, that under Resolutions Nos. ' and , of the Batasang Pa!bansa, #hird Regular /ession, /itting as a Constituent Asse!bly, .hich parented these a!end!ents, the sa!e8

. . .shall beco!e valid as part of the Constitution .hen approved by a !a ority of the votes cast in a plebiscite to be held pursuant to /ection ,, Article D7' of the Constitution. 1n the other hand, Batas Pa!bansa Blg. (,,, 5An Act to /ub!it to the 2ilipino People, for Ratification or Re ection, the A!end!ent to the Constitution of the Philippines, Proposed by the Batasang Pa!bansa, /itting as a Constituent Asse!bly, in its Resolutions Nu!bered #hree, #.o, and 1ne, and to Appropriate 2unds #herefore,5 provides, as follo.s8 /EC. ). #he Co!!ission on Elections, sitting en #anc, shad canvass and proclai! the result of the plebiscite using the certificates sub!itted to it, duly authenticated and certified by the Board of Canvassers of each province or city. Ee have, finally, Procla!ation No. ,AA,, 5Proclai!ing the Ratification in the Plebiscite of 0anuary ,), (*+J, of the A!end!ents to the Constitution E!bodied in Batasang Pa!bansa Resolutions Nos. (:J, (:B, ((:, (((, ((, and ((A.5 't states that the a!end!ents8 ....are therefore effective and in full force and effect as of the date of this Procla!ation. 't carries out Resolution no. (:J itself <as .ell as Resolutions Nos. ((: and ((, and /ection *, Batas Blg. 3JA=, .hich states, that8 #he proposed a!end!ents shall take effect on the date the President of the Philippines shall proclai! that they have been ratified by a !a ority of the votes cast in the plebiscite held for the purpose, but not later than three !onths fro! the approval of the a!end!ents.

#he Resolution of Both ?ouses <of Congress= in 0oint /ession on the March ((, (*J) plebiscite called pursuant to Republic Act No. )A and the Resolution of Both ?ouses <of Congress= adopted on /epte!ber (+, (*J3, .as adopted on April *,(*J). #he April *, (*J) Resolution !akes no !ention of a retroactive application. Accordingly, .hen the incu!bent President <Mrs. Cora$on C. A%uino= proclai!ed on 2ebruary ((, (*+), at Malacanang Palace8
... that the Constitution of the Republic of the Philippines adopted by the Constitutional Co!!ission of (*+3, including the 1rdinance appended thereto, has been duly ratified by the 2ilipino people and is therefore effective and in full force and effect. 5

the (*+) Constitution, in point of fact, ca!e into force and effect, ' hold that it took effect at no other ti!e. ' sub!it that our ruling in Ponsica v. I+nala+a 5 in .hich .e declared, in passing, that the ne. Charter .as ratified on 2ebruary ,, (*+), does not in any .ay .eaken this dissent. As ' stated, the re!ark .as said in passingC.e did not resolve the case on account of a categorical holding that the (*+) Constitution ca!e to life on 2ebruary ,, (*+). 'n any event, if .e did, ' no. call for its reCe9a!ination. ' a! therefore of the opinion, consistent .ith the vie.s e9pressed above, that the challenged dis!issals done on 2ebruary +, (*+) .ere valid, the (*+) Constitution not being then as yet in force.

S,)!-!t, O)&"&o"s albeit Resolutions Nos. (:B, (((, and ((A provide, that8 TEE$AN6EE, CJ., concurring8 #hese a!end!ents shall be valid as a part of the Constitution .hen approved by a !a ority of the votes cast in an electionFplebiscite at .hich it is sub!itted to the people for their ratification pursuant to /ection , of Article D7' of the Constitution, as a!ended. #hat a Constitution or a!end!ents thereto take effect upon procla!ation of their ratification and not at the ti!e of the plebiscite is a vie. that is not peculiar to the Marcos era. #he !ain issue resolved in the udg!ent at bar is .hether the (*+) Constitution took effect on Fe#ruar 2, $%&7, the date that the plebiscite for its ratification .as held or .hether it took effect on Fe#ruar $$, $%&7, the date its ratification .as proclai!ed per Procla!ation No. B+ of the President of the Philippines, Cora$on C. A%uino. #he Court&s decision, .ith the lone dissent of Mr. 0ustice /ar!iento, holds that by virtue of the provision of Article D7''', /ection ,) of the (*+) Constitution that it 5shall take effect i!!ediately upon its ratification by a !a ority of the votes cast in a plebiscite held

for the purpose,5 the (*+) Constitution took effect on 2ebruary ,, (*+), the date of its ratification in the plebiscite held on that sa!e date. #he thrust of the dissent is that the Constitution should be dee!ed to 5take effect on the date its ratification shall have been ascertained and not at the ti!e the people cast their votes to approve or re ect it.5 #his vie. .as actually proposed at the Constitutional Co!!ission deliberations, but .as .ithdra.n by its proponent in the face of the 5over.hel!ing5 contrary vie. that the Constitution 5.ill be effective on the very day of the plebiscite.5 #he record of the proceedings and debates of the Constitutional Co!!ission fully supports the Court&s udg!ent. 't sho.s that the clear, une%uivocal and e9press intent of the Constitutional Conunission in unani!ously approving <by thirtyCfive votes in favor and none against= the afore%uoted /ection ,) of #ransitory Article D7''' of the (*+) Constitution .as that 5the act of ratification is the act of voting by the people. /o that is the date of the ratification5 and that 5the canvass thereafter Gof the votesH is !erely the !athe!atical confir!ation of .hat .as done during the date of the plebiscite and the procla!ation of the President is !erely the official confir!atory declaration of an act .hich .as actually done by the 2ilipino people in adopting the Constitution .hen they cast their votes on the date of the plebiscite.5 #he record of the deliberations and the voting is reproduced hereinbelo.8
1

#he proposed a!end!ent .ould be to delete the .ords 5its ratification and in lieu thereof insert the .ords 5#?E PR1C-AMA#'1N B@ #?E PRE/'"EN# #?A# '# ?A/ BEEN RA#'2'E".5 And the second a!end!ent .ould be8 After the .ord 5constitutions,5 add the .ords5 AN" #?E'R AMEN"MEN#/,5 #he co!!ittee accepts the first proposed a!end!ent. ?o.ever, .e regret that .e cannot accept the second proposed a!end!ent after the .ord 5constitutions5 because the co!!ittee feels that .hen .e talk of all previous Constitutions, necessarily it includes 5AN" #?E'R AMEN"MEN#/.5 MR. "A7'"E. Eith that e9planation, l .ill not insist on the second. But, Mada! President, !ay ' re%uest that ' be allo.ed to read the second a!end!ent so the Co!!ission .ould be able to appreciate the change in the first. MR. MAAMB1N4. @es, Mada! President, .e can no. do that. MR. "A7'"E. #he second sentence .ill read8 5#?E PR1C-AMA#'1N /?A-- BE MA"E E'#?'N 2'7E "A@/ 21--1E'N4 #?E C1MP-E#'1N 12 #?E CAN7A// B@ #?E C1MM'//'1N 1N E-EC#'1N/ 12 #?E RE/>-#/ 12 />C? P-EB'/C'#E.5 MR. MAAMB1N4. Mada! President, after conferring .ith our chair!an, the co!!ittee feels that the second proposed a!end!ent in the for! of a ne. sentence .ould not be e9actly necessary and the co!!ittee feels that it .ould be too !uch for us to i!pose a ti!e fra!e on the President to !ake the procla!ation. As .e .ould recall, Mada! President, in the approved Article on the E9ecutive, there is a provision .hich says that the President shall !ake certain that all la.s shall be faithfully co!plied. Ehen .e approve this first sentence, and it says that there .ill be a procla!ation by the President that the Constitution has been ratified, the President .ill naturally co!ply .ith the la. in accordance .ith the provisions in the Article on the E9ecutive .hich .e have cited. 't .ould be too !uch to i!pose on the President a ti!e fra!e .ithin .hich she .ill !ake that declaration. 't .ould be assu!ed that the President .ould i!!ediately do that after the results shall have been canvassed by the C1ME-EC. #herefore, the co!!ittee regrets that it cannot accept the second sentence .hich the 4entle!an is proposing, Mada! President.

MR. MAAMB1N4. 'a!a( Presi!ent, (a )e no) put to a vote t*e ori+inal ,or(ulation o, t*e co((ittee as in!icate! in Section $2, unless t*ere are ot*er co((issioners )*o )oul! li-e to present a(en!(ents. MR. "A7'"E. 'a!a( Presi!ent. #?E PRE/'"EN#. Co((issioner .avi!e is reco+nize!. MR. "A7'"E. May ' propose the follo.ing a!end!ents. 1n line ,, delete the .ords 5its ratification5 and in lieu thereof insert the follo.ingC. 5#?E PR1C-AMA#'1N B@ #?E PRE/'"EN# #?A# '# ?A/ BEEN RA#'2'E".5 And on the last line, after 5constitutions,5 add the follo.ing8 5AN" #?E'R AMEN"MEN#/.5 MR. MAAMB1N4. 0ust a !o!ent, Mada! President. 'f Co!!issioner "avide is going to propose an additional sentence, the co!!ittee .ould suggest that .e take up first his a!end!ent to the first sentence as originally for!ulated. Ee are no. ready to co!!ent on that proposed a!end!ent.

MR. "A7'"E. ' a! prepared to .ithdra. the sa!e on the assu!ption that there .ill be an i!!ediate procla!ation of the results by the President. MR. MAAMB1N4. Eith that understanding, Mada! President. MR. "A7'"E. ' .ill not insist on the second sentence. 2R. BERNA/. Mada! President. #?E PRE/'"EN#. Co!!issioner Bernas is recogni$ed. 2R. BERNA/. ' .ould ask the co!!ittee to reconsider its acceptance of the a!end!ent .hich !akes the effectivity of the ne. Constitution dependent upon the procla!ation of the President. T*e e,,ectivit o, t*e Constitution s*oul! co((ence on t*e !ate o, t*e rati,ication, not on t*e !ate o, t*e procla(ation o, t*e Presi!ent . Ehat is confusing, ' think, is )*at *appene! in $%7/ .hen the a!end!ents of (*)3 .ere ratified. 'n that particular case, the reason t*e a(en!(ents o, $%7/ )ere e,,ective upon t*e procla(ation o, t*e Presi!ent .as that the draft presented to the people said that the a!end!ent .ill be effective upon the procla!ation !ade by the President. ' have a suspicion that .as put in there precisely to give the President so!e kind of lee.ay on .hether to announce the ratification or not. #herefore, )e s*oul! not (a-e t*is !epen!ent on t*e action o, t*e Presi!ent since t*is )ill #e a (ani,estation o, t*e act o, t*e people to #e !one un!er t*e supervision o, t*e CO'E0ECand it should be the C1ME-EC .ho should !ake the announce!ent that, in fact, the votes sho. that the Constitution .as ratified and there should be no need to .ait for any procla!ation on the part of the President. MR. MAAMB1N4. Eould the 4entle!an ans.er a fe. clarificatory %uestionsI 2R. BERNA/. Eillingly, Mada! President. MR. MAAMB1N4. #he 4entle!an .ill agree that a date has to be fi9ed as to e9actly .hen the Constitution is supposed to be ratified. 2R. BERNA/. ' .ould say that t*e rati,ication o, t*e Constitution is on t*e !ate t*e votes )ere suppose! to *ave #een cast.

MR. MAAMB1N4. -et us go to the !echanics of the .hole thing, Mada! President. Ee present the Constitution to a plebiscite, the people e9ercise their right to vote, then the votes are canvassed by the Co!!ission on Elections. 'f .e delete the suggested a!end!ent .hich says8 5#?E PR1C-AMA#'1N B@ #?E PRE/'"EN# #?A# '# ?A/ BEEN RA#'2'E",5 .hat .ould be, in clear ter!s, the date .hen the Constitution is supposed to be ratified or not ratified, as the case !ay beI 2R. BERNA/. #he date .ould be the casting of the ballots. if the President .ere to say that the plebiscite .ould be held, for instance, on 0anuary (*, (*+), then the date for the effectivity of the ne. Constitution .ould be 0anuary (*, (*+). MR. MAAMB1N4. 'n other .ords, it .ould not depend on the actual issuance of the results by the Co!!ission on Elections .hich .ill be doing the canvassI #hat is i!!aterial Mada! President 2R. BERNA/. 't .ould not, Mada! President, because 5ratification5 is the act of saying 5yes5 is done .hen one casts his ballot. MR. MAAMB1N4. /o it is the date of the plebiscite itself, Mada! PresidentI 2R. BERNA/. @es, Mada! President. MR. MAAMB1N4. Eith that state!ent of Co!!issioner Bernas, .e .ould like to kno. fro! the proponent, Co!!issioner "avide, if he is insisting on his a!end!ent. MR. "A7'"E. Mada! President, ' a! insisting on the a!end!ent because ' cannot subscribe to the vie. of Co!!issioner Bernas, that the date of the ratification is reckoned fro! the date of the casting of the ballots. #hat cannot be the date of reckoning because it is a plebiscite all over the country. Ee do not split the !o!ent of casting by each of the voters. Actually and technically speaking, it .ould be all right if it .ould be upon the announce!ent of the results of the canvass conducted by the C1ME-EC or the results of the plebiscite held all over the country. But it is necessary that there be a body .hich .ill !ake the for!al announce!ent of the results of the plebiscite. /o it is either the President or the C1ME-EC itself upon the co!pletion of the canvass of the results of the plebiscite, and ' opted for the President. 999 999 999

MR. N1--E"1. Mada! President. #?E PRE/'"EN#. Co!!issioner Nolledo is recogni$ed. MR. N1--E"1. #hank you, Mada! President. ' beg to disagree .ith Co!!issioner "avide. ' support the stand of Co!!issioner Bernas because it is reall t*e !ate o, t*e castin+ o, t*e 1 es1 votes t*at is t*e !ate o, t*e rati,ication o, t*e Constitution T*e announce(ent (erel con,ir(s t*e rati,ication even if the results are released t.o or three days after. ' think it is a funda!ental principle in political la., even in civil la., because an announce!ent is a !ere confir!ation T*e act o, rati,ication is t*e act o, votin+ # t*e people. /o that is the date of the ratification. 'f there should be any need for presidential procla!ation, that procla!ation .ill !erely confir! the act of ratification. #hank you, Mada! President. #?E PRE/'"EN#. "oes Co!!issioner Regalado .ant to contributeI MR. RE4A-A"1. Mada! President, ' .as precisely going to state the sa!e support for Co!!issioner Bernas, because the canvass thereafter is !erely the (at*e(atical con,ir(ation of .hat .as done during the date of the plebiscite and the procla(ation of the President is (erel t*e o,,icial con,ir(ator !eclaration o, an act )*ic* )as actuall !one # t*e Filipino people in a!optin+ t*e Constitution )*en t*e cast t*eir votes on t*e !ate o, t*e ple#iscite. MR. -ER>M. Mada! President, !ay ' be recogni$ed. #?E PRE/'"EN#. Co!!issioner -eru! is recogni$ed. MR. -ER>M. ' a! in favor of the "avide a!end!ent because .e have to fi9 a date for the effectivity of the Constitution. /uppose the announce!ent is delayed by, say, (: days or a !onth, .hat happens to the obligations and rights that accrue upon the approval of the ConstitutionI /o ' think .e !ust have a definite date. ' a!, therefore, in favor of the "avide a!end!ent. MR. MAAMB1N4. Mada! President. #?E PRE/'"EN#. Co!!issioner Maa!bong is recogni$ed.

MR. MAAMB1N4. Eith the theory of the Co!!issioner, .ould there be a necessity for the Co!!ission on Elections to declare the results of the canvassI 2R. BERNA/. #here .ould be because it is t*e Co((ission on Elections )*ic* (a-es t*e o,,icial announce(ent o, t*e results. MR. MAAMB1N4. My ne9t %uestion .hich is the final one is8 After the Co!!ision on Elections has declared the results of the canvass, .ill there be a necessity for the President to !ake a procla!ation of the results of the canvass as sub!itted by the Co!!ission on ElectionsI 2R. BERNA/. ' .ould say there .ould be no necessity, Mada! President. MR. MAAMB1N4. 'n other .ords, the President !ay or !ay not !ake the procla!ation .hether the Constitution has been ratified or not. 2R. BERNA/. ' .ould say that the procla!ation !ade by the President .ould be i!!aterial because under the la., the ad!inistration of all election la.s is under an independent Co!!ission on Elections. 't is the Co!!ission on Elections .hich announces the results. MR. MAAMB1N4. But nevertheless, the President !ay !ake the procla!ation. 2R. BERNA/. @es, the President !ay. And if .hat he says contradicts .hat the Co!!ission on Elections says, it .ould have no effect. ' .ould only add that .hen .e say that the date of effectivity is on the day of the casting of the votes, .hat .e !ean is that the Constitution takes effect on every single !inute and every single second of that day, because the Civil Code says a day has ,J hours. So t*at even i, t*e votes are cast in t*e (ornin+, t*e Constitution is reall e,,ective ,ro( t*e previous (i!ni+*t. /o that .hen .e adopted the ne. rule on citi$enship, the children of 2ilipino !others or anybody born on the date of effectivity of the (*)A Constitution, .hich is 0anuary (), (*)A, are naturalCborn citi$ens, no !atter .hat ti!e of day or night. MR. MAAMB1N4. Could .e, therefore, safely say that .hatever date is the pu#lication o, t*e results o, t*e canvass # t*e CO'E0EC retroacts to t*e !ate o, t*e ple#iscite2

2R. BERNA/. @es, Mada! President. MR. MAAMB1N4. ' thank the Co!!issioner. MR. 4>'N41NA. Mada! President. #?E PRE/'"EN#. Co!!issioner 4uingona is recogni$ed. MR. 4>'N41NA. Mention .as !ade about the need for having a definite date. ' think it is precisely the proposal of Co!!issioner Bernas .hich speaks of the date <of ratification that .ould have a definite date, because t*ere )oul! #e no !e,inite !ate i, )e !epen! upon t*e canvassin+ # t*e CO'E0EC. #hank you, #?E PRE/'"EN#. Co!!issioner Concepcion is recogni$ed. MR. C1NCEPC'1N. #hank you, Mada! President. Ehoever !akes the announce!ent as to the result of the plebiscite, be it the C1ME-EC or the President, .ould announce that a !a ority of the votes cast on a given date .as in favor of the Constitution. And that is the date .hen the Constitution takes effect, apart fro! the fact that the provision on the drafting or a!end!ent of the Constitution provides that a constitution beco!es effective upon ratification by a !a ority of the votes cast, although ' .ould not say fro! the very beginning of the date of election because as of that ti!e it is i!possible to deter!ine .hether there is a !a ority. 3t t*e en! o, t*e !a o, election or ple#iscite, t*e !eter(ination is (a!e as o, t*at ti(e4t*e (a5orit o, t*e votes cast in a ple#iscite *el! on suc* an! suc* a !ate. So t*at is t*e ti(e )*en t*e ne) Constitution )ill #e consi!ere! rati,ie! an!, t*ere,ore, e,,ective. #?E PRE/'"EN#. May .e no. hear 7iceCPresident Padilla. MR. PA"'--A. Mada! President, ' a! against the proposed a!end!ent of Co!!issioner "avide and ' support the vie. of Co!!issioner Bernas and the others because the ratification of the Constitution is on the date the people, by a !a ority vote, have cast their votes in favor of the Constitution. Even in civil la., if there is a contract, say, bet.een an agent and a third person and that contract is confir!ed or ratified by the principal, the validity does not begin on the date of ratification but it retroacts fro! the date the contract .as e9ecuted.

#herefore, t*e !ate o, t*e Constitution as rati,ie! s*oul! retroact to t*e !ate t*at t*e people *ave cast t*eir a,,ir(ative votes in ,avor o, t*e Constitution. MR. MAAMB1N4. Mada! President. #?E PRE/'"EN#. Co!!issioner Maa!bong is recogni$ed MR. MAAMB1N4. Ee .ill no. ask once !ore Co!!issioner "avide if he is insisting on his a!end!ent MR. "A7'"E. In vie) o, t*e e6planation an! over)*el(in+ tyranny of the opinion t*at it )ill #e e,,ective on t*e ver !a o, t*e ple#iscite , ' a! )it*!ra)in+ !y a!end!ent on the assu!ption that any of the follo.ing bodies the 1ffice of the President or the C1ME-EC .ill !ake the for!al announce!ent of the results. MR. RAMA. Mada! President, .e are no. ready to vote on the original provision as stated by the co!!ittee. MR. MAAMB1N4. #he co!!ittee .ill read again the for!ulation indicated in the original co!!ittee report as /ection (,. T*is Constitution s*all ta-e e,,ect i((e!iatel upon its rati,ication # a (a5orit o, t*e votes cast in a ple#iscite calle! ,or t*e purpose an! s*all superse!e all previous Constitutions. Ee ask for a vote, Mada! President. 71#'N4 #?E PRE/'"EN#. As !any as are in favor, please raise their hand. <Several 'e(#ers raise! t*eir *an!s. = As !any as are against, please raise their hand. <No 'e(#er raise! *is *an!.=
T*e results s*o) 78 votes in ,avor an! none a+ainst9 Section $2 is approve!. 4

#he Court ne9t holds as a conse%uence of its declaration at bar that the Constitution took effect on the date of its ratification in the plebiscite held on 2ebruary ,, (*+), that8 <(= the

Provisional Constitution pro!ulgated on March ,B, (*+3 !ust be dee!ed to have been superseded by the (*+) Constitution on the sa!e date 2ebruary ,, (*+) and <,= by and after said date, 2ebruary ,, (*+), absent any saying clause to the contrary in the #ransitory Article of the Constitution, respondent 1'C 4overnor could no longer e9ercise the po.er to replace petitioners in their positions as Barangay Captain and Council!en. ?ence, the atte!pted replace!ent of petitioners by respondent 1'C 4overnor&s designation on 2ebruary +, (*+) of their successors could no longer produce any legal force and effect. Ehile the Provisional Constitution provided for a oneCyear period e9piring on March ,B, (*+) .ithin .hich the po.er of replace!ent could be e9ercised, this period .as shortened by the ratification and effectivity on 2ebruary ,, (*+) of the Constitution. ?ad the intention of the fra!ers of the Constitution been other.ise, they .ould have so provided for in the #ransitory Article, as indeed they provided for !ultifarious transitory provisions in t.enty si9 sections of Article D7''', e.g. e9tension of the si9Cyear ter! of the incu!bent President and 7iceCPresident to noon of 0une A:, (**, for purposes of synchroni$ation of elections, the continued e9ercise of legislative po.ers by the incu!bent President until the convening of the first Congress, etc. A final note of clarification, as to the state!ent in the dissent that 5the appoint!ents of so!e seven Court of Appeals 0ustices, )( provincial fiscals and BB city fiscals reported e9tended <by= the President on 2ebruary ,, (*+) . . . could be open to serious %uestions,5 in vie. of the provisions of /ections + <(= and *, Article 7''' of the Constitution .hich re%uire prior endorse!ent thereof by the 0udicial and Bar Council created under the Constitution. 't should be stated for the record that the reported date of the appoint!ents, 2ebruary ,, (*+), is incorrect. #he official records of the Court sho. that the appoint!ents of the seven Court of Appeals 0ustices .ere trans!itted to this Court on 2ebruary (, (*+) and they .ere all appointed on or before 0anuary A(, (*+). 3</i!ilarly, the records of the "epart!ent of 0ustice like.ise sho. that the appoint!ent papers of the last batch of provincial and city fiscals signed by the President in co!pletion of the reorgani$ation of the prosecution service .ere !ade on 0anuary A(, (*+) and trans!itted to the "epart!ent on 2ebruary (, (*+).= 't is also a !atter of record that since 2ebruary ,, (*+), no appoint!ents to the 0udiciary have been e9tended by the President, pending the constitution of the 0udicial and Bar Council, indicating that the Chief E9ecutive has like.ise considered 2ebruary ,, (*+) as the effective date of the Constitution, as no. e9pressly declared by the Court. CRU1, J., concurring.

2ebruary ,, (*+), .hen the ne. Constitution .as ratified. ' yield to that better vie. and agree .ith her ponencia co!pletely. SARMIENTO, J., "issenting. Eith due respect to the !a ority ' register this dissent. Ehile ' agree that the oneCyear deadline prescribed by /ection ,, Article ''' of the Provisional Constitution .ith respect to the tenure of govern!ent functionaries, as follo.s8 /EC#'1N ,. All elective and appointive officials and e!ployees under the (*)A Constitution shall continue in office until other.ise provided by procla!ation or e9ecutive order or upon the designation or appoint!ent and %ualification of their successors, if such appoint!ent is !ade .ithin a period of one year fro! 2ebruary ,B, (*+3. .as cut short by the ratification of the (*+) Constitution, ' entertain serious doubts .hether or not that cutCoff period began on 2ebruary ,, (*+), the date of the plebiscite held to approve the ne. Charter. #o !y !ind the (*+) constitution took effect on 2ebruary ((, (*+), the date the sa!e .as proclai!ed ratified pursuant to Procla!ation No. B+ of the President of the Philippines, and not 2ebruary ,, (*+), plebiscite day. ' rely, first and fore!ost, on the language of the (*+) Charter itself, thus8 /ec. ,). #his Constitution shag take effect i!!ediately upon its ratification by a !a ority of the votes cast in a plebiscite held for the purpose and shall supersede all previous Constitutions. 't is !y reading of this provision that the Constitution takes effect on the date its ratification shall have been ascertained, and not at the ti!e the people cast their votes to approve or re ect it. 2or it cannot be logically said that Constitution .as ratified during such a plebiscite, .hen the .ill of the people as of that ti!e, had not, and could not have been, vet deter!ined. 1ther than that, prag!atic considerations co!pel !e to take the vie..

'n her %uiet and restrained !anner, 0ustice ?errera is able to prove her point .ith !ore telling effect than the tones of thunder. /he has .ritten another persuasive opinion, and ' a! delighted to concur. ' note that it in effect affir!s !y dissents in the "e la /erna, 6a!ora, "u%uing and Bayas cases, .here ' sub!itted that the local 1'Cs !ay no longer be su!!arily replaced, having ac%uired security of tenure under the ne. Constitution. 1ur difference is that .hereas ' .ould !ake that right co!!ence on 2ebruary ,B, (*+), after the deadline set by the 2reedo! Constitution, 0ustice ?errera .ould opt for

' have no doubt that bet.een 2ebruary ,, and 2ebruary ((, (*+) the govern!ent perfor!ed acts that .ould have been valid under the Provisional Constitution but .ould other.ise have been void under the (*+) Charter. ' recall, in particular, the appoint!ents of so!e seven Court of Appeals 0ustices, )( provincial fiscals, and BB city fiscals the President reportedly e9tended on 2ebruary ,, (*+). 1 >nder /ections + <(= and *, Article 7''', of the l*+) Constitution, as follo.s8

999 999 999 /ec. +. <'=A 0udicial and Bar Council is hereby created under the supervision of the /upre!e Court co!posed of the Chief 0ustice as e6 o,,icio Chair!an, the /ecretary of 0ustice, and a representative of the Congress as e6 o,icio Me!bers, a representative of the 'ntegrated Bar, a professor of la., a retired Me!ber of the /upre!e Court, and a representative of the private sector. 999 999 999 ,/ec. *. #he Me!bers of the /upre!e Court and udges of lo.er courts shall be appointed by the President fro! a list of at least three no!inees prepared by the 0udicial and Bar Council for every vacancy, /uch appoint!ents need no confir!ation. 999 999 999 such appoint!ents could be open to serious %uestions. /ince (*)A, !oreover, .e have invariably reckoned the effectivity of the Constitution as .ell as the a!end!ents thereto fro! the date it is proclai!ed ratified. 'n 'a+toto v. 'an+uera, 4 .e held that the (*)A Constitution beca!e in force and effect on 0anuary (), (*)A, the date Procla!ation No. ((:,, 5Announcing the Ratification by the 2ilipino People of the Constitution Proposed by the (*)( Constitutional Convention,5 .as issued, although Mr. 0ustice, no. Chief 0ustice, #eehankee .ould push its effectivity date further to April (), (*)A, the date our decision in Javellana v. E6ecutive Secretar , 3 beca!e final. And this .as so not.ithstanding /ection (3, Article D7'', of the (*)A Constitution, thus8 /EC. (3. #his Constitution shall take effect i!!ediately upon its ratification by a !a ority of the votes cast in a plebiscite called for the purpose and, e9cept as herein provided, shall supersede the Constitution of nineteenChundred and thirtyC five and all a!end!ents thereto. 1n 1ctober ,), (*)3, then President Marcos pro!ulgated Procla!ation no. (B*B, proclai!ing the ratification of the (*)3 a!end!ents sub!itted in the plebiscite of 1ctober (3C (), (*)3. #he Procla!ation states, inter alia, that. By virtueCof the po.ers vested in !e by la., ' hereby proclai! all the a!end!ents e!bodied in this certificate as duly ratified by the 2ilipino people in the referendu! K

plebiscite held 1ct. (3C(), (*)3 and are therefore effective and in full force and effect as of this date. 't shall be noted that under A!end!ent No. * of the said (*)3 a!end!ents. #hese a!end!ents shall take effect after the incu!bent President shall have proclai!ed that they have been ratified by a !a ority of the votes cast in the referendu!Cplebiscite. 1n April (, (*+:, the then Chief E9ecutive issued Procla!ation no. (*B*, 5Proclai!ing the Ratification by the 2ilipino People of the A!end!ents of /ection ), Article D of the Constitution5 <lengthening the ter!s of office of udges and ustices=. #he Procla!ation provides8 GtHhe aboveC%uoted a!end!ent has been duly ratified by a !a ority of the votes cast in the plebiscite held, together .ith the election for local officials, on 0anuary A:, (*+:, and that said a!end!ent is hereby declared to take effect i!!ediately. 't shall be noted that under Resolution No. ,(, dated "ece!ber (+, (*)*, the proposed a!end!ent shall take effect on the date the incu!bent PresidentFPri!e Minister shall proclai! its ratification. 1n April ), (*+(, Procla!ation No. ,:)) .as issued 5Proclai!ing the Ratification in the Plebiscite of April ), (*+( of the A!end!ents to the Constitution E!bodied in Batas Pa!bansa Blg. (,, and "eclaring #he! #herefore Effective and in 2ull 2orce and Effect.5 #he Procla!ation, in declaring the said a!end!ents duly approved, further declared the! 5GeHffective and in full force and in effect as of the date of this Procla!ation,5 't shall be noted, in this connection, that under Resolutions Nos. ' and , of the Batasang Pa!bansa, #hird Regular /ession, /itting as a Constituent Asse!bly, .hich parented these a!end!ents, the sa!e8 ... shall beco!e valid as part of the Constitution .hen approved by a !a ority of the votes cast in a plebiscite to be held pursuant to /ection ,, Article D7' of the Constitution. 1n the other hand, Batas Pa!bansa Blg. (,,, 5An Act to /ub!it to the 2ilipino People, for Ratification or Re ection, the A!end!ent to the Constitution of the Philippines, Proposed by the Batasang Pa!bansa, /itting as a Constituent Asse!bly, in its Resolutions Nu!bered #hree, #.o, and 1ne, and to Appropriate 2unds #herefore,5 provides, as follo.s8

/EC. ). #he Co!!ission on Elections, sitting en #anc, shad canvass and proclai! the result of the plebiscite using the certificates sub!itted to it, duly authenticated and certified by the Board of Canvassers of each province or city. Ee have, finally, Procla!ation No. ,AA,, 5Proclai!ing the Ratification in the Plebiscite of 0anuary ,), (*+J, of the A!end!ents to the Constitution E!bodied in Batasang Pa!bansa Resolutions Nos. (:J, (:B, ((:, (((, ((, and ((A.5 't states that the a!end!ents8 ....are therefore effective and in full force and effect as of the date of this Procla!ation. 't carries out Resolution no. (:J itself <as .ell as Resolutions Nos. ((: and ((, and /ection *, Batas Blg. 3JA=, .hich states, that8 #he proposed a!end!ents shall take effect on the date the President of the Philippines shall proclai! that they have been ratified by a !a ority of the votes cast in the plebiscite held for the purpose, but not later than three !onths fro! the approval of the a!end!ents. albeit Resolutions Nos. (:B, (((, and ((A provide, that8 #hese a!end!ents shall be valid as a part of the Constitution .hen approved by a !a ority of the votes cast in an electionFplebiscite at .hich it is sub!itted to the people for their ratification pursuant to /ection , of Article D7' of the Constitution, as a!ended. #hat a Constitution or a!end!ents thereto take effect upon procla!ation of their ratification and not at the ti!e of the plebiscite is a vie. that is not peculiar to the Marcos era. #he Resolution of Both ?ouses <of Congress= in 0oint /ession on the March ((, (*J) plebiscite called pursuant to Republic Act No. )A and the Resolution of Both ?ouses <of Congress= adopted on /epte!ber (+, (*J3, .as adopted on April *,(*J). #he April *, (*J) Resolution !akes no !ention of a retroactive application. 3ccor!in+l , )*en t*e incu(#ent Presi!ent :'rs. Corazon C. 3;uino< proclai(e! on Fe#ruar $$, $%&7, at 'alacanan+ Palace=
... that the Constitution of the Republic of the Philippines adopted by the Constitutional Co!!ission of (*+3, including the 1rdinance appended thereto, has been duly ratified by the 2ilipino people and is therefore effective and in full force and effect. 5

the (*+) Constitution, in point of fact, ca!e into force and effect, ' hold that it took effect at no other ti!e. ' sub!it that our ruling in Ponsica v. I+nala+a 5 in .hich .e declared, in passing, that the ne. Charter .as ratified on 2ebruary ,, (*+), does not in any .ay .eaken this dissent. As ' stated, the re!ark .as said in passingC.e did not resolve the case on account of a categorical holding that the (*+) Constitution ca!e to life on 2ebruary ,, (*+). 'n any event, if .e did, ' no. call for its reCe9a!ination. ' a! therefore of the opinion, consistent .ith the vie.s e9pressed above, that the challenged dis!issals done on 2ebruary +, (*+) .ere valid, the (*+) Constitution not being then as yet in force. Foot"ot,s ( #opacio, 0r. vs. Pi!entel 4.R. No. )A)):, April (:, (*+3. , /ection ,, BP Blg. ,,,. A Article ((, /ection ,B and Article D, /ections (, ,, (J, a!ong others. J Article D, /ection J. B /ection A, BP Blg. ,,,. #eehankee, C.0., concurring8 ( 7olu!e 2ive, Record of the Constitutional Co!!ission Proceedings and "ebates, pages 3,:C3,A; e!phasis supplied. , #he entire draft Constitution .as approved on 1ctober (,, (*+3 forty fortyCfive votes in favor and t.o against. A #he seven Court of Appeals 0ustices referred to are 0ustices Alfredo -. Benipayo, Minerva 4. Reyes, Magdangal B. El!a, Cecilio PE, 0esus Elbinias, Nicolas -apena 0r. and 0usto P. #orres, 0r., and their appoint!ents bear various dates fro! 0anuary *, (*+) to 0anuary A(, (*+). /ar!iento, 0., dissenting8

( Manila Bulletin, 2eb. A, (*+), p. (, cols. 3C) Philippine "aily 'n%uirer, 2eb. A,(*+), p. (, cot (; Malaya, 2eb. A, (*+), p. (, col. (. , Nos. A),:(:, March A, (*)B, 3A /CRA J <(*)B=. A Nos. -CA3(J,, March A(, (*)A, B: /CRA A: <(*)A=. J Procla!ation No. B+ <(*+)=. B 4.R. No. ),A:(.