CAPITULO I NORMAS GENERALES
17-OBLIGACIONES DEL/A BECARIO/A:
Of the Senators elected in the election in 1992, the first twelve obtaining the highest number of votes shall serve for six years and theremaining twelve for three years.
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Section 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 elections, hereby extended to noon of June 30, 1992.
The first regular elections for President and Vice-President under this Constitution shall be held on the second
Monday of May, 1992. [emphasis ours]
[11] To illustrate, while Section 8, Article X of the Constitution fixes the term of office of elective local officials at
three years, under the above-quoted provisions, the terms of the incumbent local officials who were elected in January 1988, which should have expired on February 2, 1991, were fixed to expire at noon of June 30, 1992. In the same vein, the terms of the incumbent President and Vice President who were elected in February 1986 were extended to noon of June 30, 1992. On the other hand, in order to synchronize the elections of the Senators, who have six-year terms, the twelve Senators who obtained the lowest votes during the 1992 elections were made to serve only half the time of their terms.
[12] Joaquin Bernas, S.J., The 1987 Constitution of the Republic of the Philippines: A Commentary (1996 ed.), p.
[13] MR. MAAMBONG. For purposes of identification, I will now read a section which we will temporarily indicate
as Section 14. It reads: THE SENATORS, MEMBERS OF THE HOUSE OF REPRESENTATIVES AND THE LOCAL OFFICIALS ELECTED IN THE FIRST ELECTION SHALL SERVE FOR FIVE YEARS, TO EXPIRE AT NOON OF JUNE 1992.
This was presented by Commissioner Davide, so may we ask that Commissioner Davide be recognized. THE PRESIDING OFFICER (Mr. Rodrigo). Commissioner Davide is recognized.
MR. DAVIDE. Before going to the proposed amendment, I would only state that in view of the action taken by the Commission on Section 2 earlier, I am formulating a new proposal. It will read as follows: THE SENATORS, MEMBERS OF THE HOUSE OF REPRESENTATIVES AND THE LOCAL OFFICIALS FIRST ELECTED UNDER THIS CONSTITUTION SHALL SERVE UNTILNOON OF JUNE 30, 1992.
I proposed this because of the proposed section of the Article on Transitory Provisions giving a term to the incumbent President and Vice-President until 1992. Necessarily then, since the term provided by the Commission for Members of the Lower House and for local officials is three years, if there will be an election in 1987, the next election for said officers will be in 1990, and it would be very close to 1992. We could never attain, subsequently, any synchronization of election which is once every three years.
So under my proposal we will be able to begin actual synchronization in 1992, and consequently, we should not
have a local election or an election for Members of the Lower House in 1990 for them to be able to complete their term of three years each. And if we also stagger the Senate, upon the first election it will result in an election in 1993 for the Senate alone, and there will be an election for 12 Senators in 1990. But for the remaining 12 who will be elected in 1987, if their term is for six years, their election will be in 1993. So, consequently we will have elections in 1990, in 1992 and in 1993. The later election will be limited to only 12 Senators and of course to local officials and the Members of the Lower House. But, definitely, thereafter we can never have an election once every three years, therefore defeating the very purpose of the Commission when we adopted the term of six years for the President and another six years for the Senators with the possibility of staggering with 12 to serve for six years and 12 for three years insofar as the first Senators are concerned. And so my proposal is the only way to effect the first
synchronized election which would mean, necessarily, a bonus of two years to the Members of the Lower House and a bonus of two years to the local elective officials.
THE PRESIDING OFFICER (Mr. Rodrigo). What does the committee say? MR. DE CASTRO. Mr. Presiding Officer.
THE PRESIDING OFFICER (Mr. Rodrigo). Commissioner de Castro is recognized. MR. DE CASTRO. Thank you.
During the discussion on the legislative and the synchronization of elections, I was the one who proposed that in order to synchronize the elections every three years, which the body approved the first national and local officials to be elected in 1987 shall continue in office for five years, the same thing the Honorable Davide is now proposing. That means they will all serve until 1992, assuming that the term of the President will be for six years and continue beginning in 1986. So from 1992, we will again have national, local and presidential elections. This time, in 1992,
the President shall have a term until 1998 and the first twelve Senators will serve until 1998, while the next 12 shall serve until 1995, and then the local officials elected in 1992 will serve until 1995. From then on, we shall have an election every three years.
So, I will say that the proposition of Commissioner Davide is in order, if we have to synchronize our elections every three years which was already approved by the body.
Thank you, Mr. Presiding Officer.
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MR. GUINGONA. What will be synchronized, therefore, is the election of the incumbent President and Vice- President in 1992.
MR. DAVIDE. Yes.
MR. GUINGONA. Not the reverse. Will the committee not synchronize the election of the Senators and local officials with the election of the President?
MR. DAVIDE. It works both ways, Mr. Presiding Officer. The attempt here is on the assumption that the provision of the Transitory Provisions on the term of the incumbent President and Vice-President would really end in 1992. MR. GUINGONA. Yes.
MR. DAVIDE. In other words, there will be a single election in 1992 for all, from the President up to the
municipal officials. [emphasis ours] (V Record of the Constitutional Commission, pp. 429-431; October 3, 1986)
[14] G.R. Nos. 100318, 100308, 100417 and 100420, July 30, 1991, 199 SCRA 750, 758.
[15] J.M. Tuason & Co., Inc. v. Land Tenure Administration, G.R. No. 21064, February 18, 1970, 31 SCRA
413; Ordillo v. Commission on Elections, 192 SCRA 100 (1990).
[16] 271 SCRA 633, 668 (1997); Occena v. Commission on Elections, G.R. No. 52265, January 28, 1980, 95 SCRA
755.
[17] Websters Third New International Dictionary Unabridged, p.1327 (1993).
[18] Section 26(2) No bill passed by either House shall become a law unless it has passed three readings on separate
days, and printed copies thereof in its final form have been distributed to its Members three days before its passage, except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal.
[19] G. R. No. 115455, August 25, 1994, 235 SCRA 630.
[20] A copy of the letter that the President wrote to Honorable Feliciano Belmonte, Jr. as Speaker of the House of
Representatives dated March 4, 2011 is reproduced below:
OFFICE OF THE PRESIDENT of the Philippines
Malacaang
14 March 2011
HON. FELICIANO R. BELMONTE, JR. Speaker
House of Representatives Quezon City
Dear Speaker Belmonte:
Pursuant to the provisions of Article VI, Section 26 (2) of the 1987 Constitution, I hereby certify to the necessity of the immediate enactment of House Bill No. 4146, entitled:
AN ACT PROVIDING FOR THE SYNCHRONIZATION OF THE ELECTIONS AND THE TERM OF OFFICE OF THE ELECTIVE OFFICIALS OF THE AUTONOMOUS REGION IN MUSLIM MINDANAO (ARMM) WITH THOSE OF THE NATIONAL AND OTHER LOCAL OFFICIALS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9333, ENTITLED AN ACT FIXING THE DATE FOR REGULAR ELECTIONS FOR ELECTIVE OFFICIALS OF THE AUTONOMOUS REGION IN MUSLIM MINDANAO, AND FOR OTHER PURPOSES
to address the urgent need to protect and strengthen ARMMs autonomy by synchronizing its elections with the regular elections of national and other local officials, to ensure that the on-going peace talks in the region will not be hindered, and to provide a mechanism to institutionalize electoral reforms in the interim, all for the development, peace and security of the region.
Best wishes. Very truly yours,
(Sgd.) BENIGNO SIMEON C. AQUINO III cc: HON. JUAN PONCE ENRILE
Senate President Philippine Senate Pasay City
Taken from: http://www.congress.gov.ph/download/congrec/15th/1st/15C_1RS-64b-031611.pdf. Last accessed on September 26, 2011.
[21] See Gutierrez v. House of Representatives, G.R. No. 193459, February 15, 2011. [22] Tolentino v. Secretary of Finance, G.R. No. 115455, October 30, 1995.
[23] Tolentino, id., citing 1 J. G. Sutherland, Statutes and Statutory Construction 10.04, p. 282 (1972).
[24] Section 7, Article XIX of RA No. 6734 states: The first regular elections of the Regional Governor, Vice-
days or later than ninety (90) days after the ratification of this Act. The Commission on Elections shall promulgate such rules and regulations as may be necessary for the conduct of said election.
[25] Entitled An Act Providing for the Date of Regular Elections for Regional Governor, Regional Vice-Governor and
Members of the Regional Legislative Assembly for the Autonomous Region in Muslim Mindanao and for other purposes, which fixed the date of the ARMM elections on the second Monday after the Muslim month of Ramadhan.
[26] Entitled An Act Changing the Date of Elections for the Elective Officials of the Autonomous Region for Muslim
Mindanao, Amending for the Purpose Section One of Republic Act Numbered Seventy-Six Hundred and Forty- Seven Entitled An Act Providing for the Date of the Regular Elections for Regional Governor, Regional Vice- Governor and Members of the Regional Legislative Assembly for the Autonomous Region in Muslim Mindanao and for other purposes, which changed the date of the ARMM elections to the second Monday of March, 1993 and every
three (3) years thereafter.
[27] Entitled An Act Providing for the Date of the Regular Elections of Regional Governor, Regional Vice-Governor
and Members of the Regional Legislative Assembly of the Autonomous Region in Muslim Mindanao (ARMM) Further Amending for the Purpose Republic Act No. 7647 entitled An Act Providing for the Date of Regular Elections for Regional Governor, Regional Vice-Governor and Members of the Regional Legislative Assembly for the Autonomous Region in Muslim Mindanao and for other purposes, As Amended, and for other purposes, which moved the regional elections to the second Monday of September and every three (3) years thereafter.
[28] Entitled An Act Resetting the Regular Elections for the Elective Officials of the Autonomous Region in Muslim
Mindanao Provided for Under Republic Act No. 8746 and for other purposes, which reset the regional elections, scheduled on September 13, 1999, to the second Monday of September 2000.
[29] Entitled An Act Resetting the Regular Elections for Elective Officials of the Autonomous Region in Muslim
Mindanao to the Second Monday of September 2001, Amending for the Purpose Republic Act No. 8953, which reset the May 2001 elections in ARMM to September 2001.
[30] Entitled An Act Fixing the Date of the Plebiscite for the Approval of the Amendments to Republic Act No. 6734
and setting the date of the regular elections for elective officials of the Autonomous Region in Muslim Mindanao on the Last Monday of November 2001, Amending for the Purpose Republic Act No. 9054, Entitled An Act to Strengthen and Expand the Organic Act for the Autonomous Region in Muslim Mindanao, Amending for the Purpose Republic Act No. 6734, Entitled An Act Providing for the Autonomous Region in Muslim Mindanao, as amended, and For Other Purposes.
[31] Entitled An Act Fixing the Date of Regular Elections for Elective Officials of the Autonomous Region in Muslim
Mindanao Pursuant to Republic Act no. 9054, Entitled An Act to Strengthen and Expand the Organic Act for the Autonomous Region in Muslim Mindanao, Amending for the Purpose Republic Act No. 6734, Entitled An Act Providing for an Organic Act for the Autonomous Region in Muslim Mindanao, as Amended, which rescheduled the ARMM regional elections scheduled for the last Monday of November 2004 to the second Monday of August 2005.
[32] Section 1. Consistent with the provisions of the Constitution, this Organic Act may be reamended or revised by
the Congress of the Philippines upon a vote of two-thirds (2/3) of the Members of the House of Representatives and of the Senate voting separately.
[33] G.R. No. 127383, August 18, 2005, 467 SCRA 280.
[34] Id. at 295-297, citing Duarte v. Dade, 32 Phil. 36 (1915); LEWIS SOUTHERLAND ON STATUTORY
CONSTRUCTION, Vol. 1, Section 244, pp. 456-457.
[35] This has been established by the following exchange during the Constitutional Commission debates:
FR. BERNAS. So, the questions I have raised so far with respect to this organic act are: What segment of the population will participate in the plebiscite? In what capacity would the legislature be acting when it passes this? Will it be a constituent assembly or merely a legislative body? What is the nature, therefore, of this organic act in relation to ordinary statutes and the Constitution? Finally, if we are going to amend this organic act, what process will be followed?
MR. NOLLEDO. May I answer that, please, in the light of what is now appearing in our report.
First, only the people who are residing in the units composing the region should be allowed to participate in the plebiscite. Second, the organic act has the character of a charter passed by Congress, not as a constituent assembly, but as an ordinary legislature and, therefore, the organic act will still be subject to amendments in the ordinary legislative process as now constituted, unless the Gentleman has another purpose.
FR. BERNAS. But with plebiscite again. [Emphasis ours.];
III Record of the Constitutional Commission, pp.182-183; August 11, 1986.
[36] Section 20. Within its territorial jurisdiction and subject to the provisions of this Constitution and national laws,
(1) Administrative organization; (2) Creation of sources of revenues; (3) Ancestral domain and natural resources; (4) Personal, family, and property relations; (5) Regional urban and rural planning development; (6) Economic, social, and tourism development; (7) Educational policies;
(8) Preservation and development of the cultural heritage; and
(9) Such other matters as may be authorized by law for the promotion of the general welfare of the people of the region.
[37] See discussions at pp. 14-15.
[38] Section 7. Terms of Office of Elective Regional Officials. (1) Terms of Office. The terms of office of the Regional
Governor, Regional Vice Governor and members of the Regional Assembly shall be for a period of three (3) years, which shall begin at noonon the 30th day of September next following the day of the election and shall end at noon of the same date three (3) years thereafter.The incumbent elective officials of the autonomous region
shall continue in effect until their successors are elected and qualified. [emphasis ours]
[39] Fernando, The Philippine Constitution, pp. 175-176 (1974).
[40] Id. at 177; citing the concurring opinion of Justice Jose P. Laurel in Schneckenburger v. Moran, 63 Phil. 249, 266
(1936).
[41] Vera v. Avelino, 77 Phil. 192, 212 (1946).
[42]Ople v. Torres, et al., 354 Phil. 948 (1998); see concurring opinion of Justice Jose P. Laurel in Schneckenburger v.
Moran, supranote 40, at 266.
[43] State ex rel. Green v. Collison, 39 Del 245, cited in Defensor-Santiago, Constitutional Law, Vol. 1 (2000 ed.) [44] Sec. 15. There shall be created autonomous regions in Muslim Mindanao and in the Cordilleras consisting of
provinces, cities and municipalities, and geographical areas sharing common and distinctive historical and cultural heritage, economic and social structures, and other relevant characteristics within the framework of this
Constitution and the national sovereignty as well as the territorial integrity of the Republic of the Philippines.
[45] An empire within an empire.
[46] Bernas, Joaquin, Constitutional Structure and Powers of Government Notes and Cases Part I, 2005 ed., p. 1249. [47] Such as the addition of sectoral representatives in the House of Representatives (paragraph 2, Section 5, of
Article VI of the Constitution), and the validation of the power of the Presidential Commission on Good Government to issue sequestration, freeze orders, and the provisional takeover orders of ill-gotten business enterprises, embodied in Section 26 of the Transitory Provisions.
[48] RA No. 9495 which created the Province of Quezon del Sur Province was rejected by the voters of Quezon
Province in the plebiscite of November 13, 2008.
[49] RA No. 9355.
[50] Section 50, RA No. 9355 and Section 52 of RA No. 9495. [51] Section 462, RA No. 7160.
[52] Supra note 14.
[53] In Mutuc v. Commission on Elections [146 Phil. 798 (1970)] the Court held that, "The three departments
of government in the discharge of the functions with which it is [sic] entrusted have no choice but to yield obedience to [the Constitutions] commands. Whatever limits it imposes must be observed. 146 Phil. 798 (1970).
[54] In J.M. Tuason & Co., Inc. v. Land Tenure Administration [No. L-21064, February 18, 1970, 31 SCRA 413,
423], the Court, speaking through former Chief Justice Enrique, stated: As the Constitution is not primarily a lawyers document, it being essential for the rule of law to obtain that it should ever be present in the peoples consciousness, its language as much as possible should be understood in the sense they have in common use. What it says according to the text of the provision to be construed compels acceptance and negates the power of the courts to alter it, based on the postulate that the framers and the people mean what they say. Thus these are cases where the need for construction is reduced to a minimum.
[55] Tawang Multi-Purpose Cooperative v. La Trinidad Water District, G.R. No. 166471, March 22, 2011.
[56] Pimentel v. Ermita, G.R. No. 164978, October 13, 2005, citing Bernas, Joaquin, THE 1987 CONSTITUTION OF
THE REPUBLIC OF THE PHILIPPINES: A COMMENTARY (1996 ed.) 768.
[57] 481 Phil. 661 (2004).
[58] G.R. No. 161984, February 21, 2007, 516 SCRA 403. [59] G.R. No. 152295, July 9, 2011.
[60] Section 7. Terms of Office of Elective Regional Officials. (1) Terms of Office. The terms of office of the
Regional Governor, Regional Vice Governor, and members of the Regional Legislative Assembly shall be for a period of three (3) years, which shall begin at noon on the 30th day of September next following the day of the
election and shall end at noon of the same date three (3) years thereafter. The incumbent elective officials of the
autonomous region shall continue in effect until their successors are elected and qualified.
[61] Guekeko v. Santos, 76 Phil. 237 (1946).
[62]Lozano v. Nograles, G.R. 187883, June 16, 2009, 589 SCRA 356.
[63] Ututalum v. Commission on Elections, No. L-25349, December 3, 1965, 15 SCRA 465. [64] See CONSTITUTION, Article VIII, Section 1.
[65] See CONSTITUTION, Article IX (C), Section 2(1).
[66] Balagtas Multi-Purpose Cooperative, Inc. v. Court of Appeals, G.R. No. 159268, October 27, 2006, 505 SCRA
654, 663, citing Lapid v. CA, G.R. No. 142261, June 29, 2000, 334 SCRA 738, quoting Morales v. Subido, G.R. No. 29658, November 29, 1968, 26 SCRA 150.
[67] CONSTITUTION, Article X, Section 8.
[68] Article XVIII, Section 2. The Senators, Members of the House of Representatives, and the local officials first
elected under this Constitution shall serve until noon of June 30, 1992.
Of the Senators elected in the elections in 1992, the first twelve obtaining the highest number of votes shall serve for six years and the remaining twelve for three years.
[69] Article XVIII, Section 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 elections, hereby extended to noon of June 30, 1992.
The first regular elections for the President and Vice-President under this Constitution shall be held on the second Monday of May, 1992.
[70] Cruz, Carlo. The Law of Public Officers, 2007 edition, p. 285, citing Mechem, Section 387. [71] Ponencia, p. 21.
[72] See Topacio Nueno v. Angeles, 76 Phil. 12, 21-22 (1946); Alba, etc. v. Evangelista, etc., et al., 100 Phil. 683, 694
(1957); Aparri v. Court of Appeals, No. L-30057, January 31, 1984, 127 SCRA 231.
[73] Hon. Luis Mario M. General, Commissioner, National Police Commission v. Hon. Alejandro S. Urro, et al., G.R.
No. 191560,March 29, 2011, citing Sarmiento III v. Mison, No. L-79974, December 17, 1987, 156 SCRA 549.
[74] Sarmiento III v. Mison, supra.
[75] If a statute is clear, plain and free from ambiguity, it must be given its literal meaning and applied without
attempted interpretation. De Jesus v. Commission on Audit, 451 Phil. 812 (2003).
[76] Supra notes 47 and 48. [77] Supra note 50.
[78] The after-effects of the Maguindanao massacre where the Ampatuans stand charged, the insurrection by the
MILF and its various factions, and the on-going peace negotiations, among others, are immediately past and present events that the nation has to vigilant about.