Organization of Municipalities in Davao Province

Issuing authority and governing proclamation

Proclamation No. 3 proclaims a national policy to implement reforms, protect civil rights, adopt a provisional constitution, and provide for an orderly transition under a new constitution.
The law governing the Constitutional Commission of 1986 is promulgated by the President “in accordance with” the “Freedom Constitution.”
Proclamation No. 3 provides the provisional constitutional framework during the transition.

Purpose and constitutional transition intent

The law directs the establishment and organization of a Constitutional Commission tasked with drafting a new charter.
The Commission’s oath requires the drafting of a fundamental law “truly reflective of the ideals and aspirations of the Filipino people.”
The law requires the Commission to work toward “the hasten[ing] [of] the return of normal constitutional government” and to complete its work “within the period provided by law.”
The law sets the Commission’s output as a proposed new Constitution for plebiscite ratification or rejection.

Composition, seats, and member selection

The Commission is composed of not more than fifty (50) national, regional, and sectoral representatives appointed by the President (Section 2(1)).
National representatives must be “men or women of national standing” with experience in government or recognized competence in their fields (Section 2(2)).
Regional representatives who held elective offices must be apportioned among the thirteen (13) regions as nearly as may be according to population on the basis of the latest census (Section 2(3)).
Sectoral representatives must be chosen among groups including farmers, fisherman, workers, students, professionals, business, military, academic, ethnic, and other similar groups (Section 2(4)).
The President determines the number of national, regional, and sectoral representatives, but each of the thirteen (13) regions must have at least a Member (Section 2(5)).

Nominations, publications, and reactions

Nominations may be made by political parties, groupings of parties, civic/religious/ethnic/sectoral groups, or by individual citizens (Section 3(1)).
Nominations must be filed with the Secretariat, Office of the President, not later than May 5, 1986, with late nominations allowed in meritorious cases at the President’s consideration (Section 3(2)).
Nominations must be in writing and must include:
- a duly verified curriculum vitae of the nominee (Section 3(3)(a));
- a statement whether the nomination is for a national, regional or sectoral representative (Section 3(3)(b));
- endorsements by the nominating group or individual (Section 3(3)(c));
- a certification that the nominee will accept appointment and will resign from any government office held upon appointment (Section 3(3)(d));
- other materials aiding the appointing authority (Section 3(3)(e)).
The names of nominees must be published in newspapers of general circulation for three consecutive days not later than May 10, 1986 (Section 3(4)).
Reactions and comments, including verified oppositions, may be expressed in letters and telegrams addressed to the President through the Secretariat, Office of the President, not later than May 20, 1986 (Section 3(5)).

Qualifications and disqualifications

No person may be appointed Member unless the person is a natural born citizen of the Philippines, a qualified voter, and has recognized probity, independence, nationalism, and patriotism (Section 4).
The following are disqualified from being Members:
- Public officials unless they resign from their respective offices upon acceptance of appointment; failure to resign automatically nullifies the appointment (Section 5).
- Persons convicted of a crime involving moral turpitude, unless granted absolute pardon or amnesty (Section 5).
The Commission is the sole judge of the qualifications of its Members (Section 5).

Oath, future disqualification, and limitations

Members must qualify and assume office by taking the oath or affirmation specified in Section 6.
The oath requires the Member to:
- faithfully and conscientiously fulfill duties as a Member of the Constitutional Commission of 1986;
- hasten the return of normal constitutional government by drafting a fundamental law reflective of Filipino ideals and aspirations;
- endeavor to complete the work within the period provided by law;
- not run for any office in the first local and the first national elections after ratification of the Constitution the Commission proposes;
- preserve and defend the FREEDOM CONSTITUTION of the Republic of the Philippines (Section 6).
The last sentence of the oath (“So help me God.”) may be omitted in case of affirmation (Section 6).
Any person appointed and qualified as a Member is not eligible to run for office in the first local and first national elections after ratification, or be appointed to any government office or position while the Commission is in session and during the period of one (1) year after its final adjournment (Section 8).

Organization, sessions, quorum, and public hearings

The Minister of General Services takes charge of arrangements for convening the Commission (Section 9).
The opening session is held on June 2, 1986, at 10:00 o’clock in the morning in the Session Hall of the former Batasang Pambansa (Section 9).
The Vice-President presides at the opening session until a presiding officer is elected by the Commission; election of a Chairman/presiding officer is the first business and the Commission is deemed organized upon election and disqualification of a Chairman/presiding officer (Section 9).
A majority of all Members constitutes a quorum; a smaller number may meet, adjourn from day to day, and compel attendance of absent Members “in such manner and under such penalties as the Commission may provide” (Section 9).
The Commission may determine its rules of proceedings, punish Members for disorderly behavior, and—concurrence of two-thirds of all its Members—expel a Member (Section 9).
Plenary sessions are public and duly recorded; sessions may be held in any place in the Philippines (Section 9).
The Commission must conduct public hearings to ensure adequate participation of the Filipino people in the formulation of a new Constitution (Section 9).
The Batasang Pambansa building and premises are made available for the Commission’s use; government entities must place at the disposal of the Commission personnel, premises, and furniture that can be spared without detriment to public service, without cost, refund or additional pay (Section 9).

Filling vacancies, parliamentary immunities, and compensation

When a vacancy occurs, the President may fill it by appointment after due certification by the Chairman and after consultation with the group or sector represented by the Member who caused such vacancy (Section 10).
Members have parliamentary immunities:
- In offenses punishable by not more than six (6) years imprisonment, Members are privileged from arrest during attendance of sessions and in going to and returning from the same (Section 11(1)).
- Members cannot be questioned or held in any other place for speech or debate in the Commission, its committees, or public hearings conducted by the Commission or its committees (Section 11(2)).
Penalties for offenses defined in Articles 143, 144, and 145 of the Revised Penal Code, as amended apply if such offenses are committed against the Commission, its committees or subcommittees, or its Members (Section 11).
Each Member receives a per diem of Five Hundred (P500.00) for every day of attendance in the Commission or any of its committees and receives necessary traveling expenses to and from residence when attending sessions (Section 12).

Completion timeline, submission, plebiscite, and validity

The Commission endeavors to complete its work on or before September 2, 1986 and then immediately present the proposed new Constitution to the President (Section 13).
The President fixes the date of the plebiscite for ratification or rejection, which must not be later than sixty (60) days following submission to the President (Section 14).
The proposed Constitution becomes valid and effective upon ratification by a majority of the votes cast in the plebiscite (Section 14).

Budget appropriation and accountability

Section 15 appropriates Twenty Million Pesos (P 20,000,000) for the Commission’s operational expenses.
The Commission is not subject to the rules and regulations of the Ministry of the Budget on allocations and release of funds.
The Commission must account for and report its expenses to the Commission on Audit at the termination of its work (Section 15).

Provisional constitutional framework and transition

Proclamation No. 3 adopts selected provisions of the 1973 Constitution, as amended into the provisional constitution, including:
- ARTICLE I (National Territory), ARTICLE III (Citizenship), ARTICLE IV (Bill of Rights), ARTICLE V (Duties and Obligations of Citizens), and ARTICLE VI (Suffrage) (Provisional Constitution, Article I, Section 1).
Proclamation No. 3 adopts into the provisional constitution:
- 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),
  insofar as these are not inconsistent with the proclamation (Provisional Constitution, Article I, Section 2).
Proclamation No. 3 supersedes:
- ARTICLE VIII (The Batasang Pambansa),
- ARTICLE IX (The Prime Minister and the Cabinet),
- ARTICLE XVI (Amendments),
- ARTICLE XVII (Transitory Provisions),
  and all amendments thereto by the provisional constitution (Provisional Constitution, Article I, Section 3).
Until a legislature is elected and convened under the new Constitution, the President continues to exercise legislative power and must prioritize measures to reorganize government, eradicate structures of the previous regime, implement rights guarantees, rehabilitate the economy, recover ill-gotten properties, eradicate graft and corruption, and restore peace and order (Provisional Constitution, Article II, Section 1).
The President is assisted by a Cabinet composed of Ministers appointed by the President; Ministers are accountable to and hold office at the pleasure of the President (Provisional Constitution, Article II, Section 2).
The President exercises general supervision over all local governments (Provisional Constitution, Article II, Section 3).
In the case of permanent vacancy of the President arising from death, incapacity, or resignation, the Vice-President becomes President; in the case of death, permanent incapacity, or resignation of the Vice-President, the Cabinet chooses a minister with portfolio to act as President (Provisional Constitution, Article II, Section 4).
The Vice-President may be appointed a Member of the Cabinet and may perform functions assigned by the President (Provisional Constitution, Article II, Section 5).
The President, Vice-President, and Cabinet Members are subject to disabilities in the referenced 1973 Constitution provisions as amended (Provisional Constitution, Article II, Section 6).
Government reorganization prioritizes measures promoting economy, efficiency, and eradication of graft and corruption (Provisional Constitution, Article III, Section 1).
Elective and appointive officials and employees under the 1973 Constitution continue in office until otherwise provided by proclamation/executive order or until successors are designated/appointed and disqualified within one year from February 25, 1986 (Provisional Constitution, Article III, Section 2).
Separated public officials or employees receive retirement and other benefits accruing under laws then in force if entitled (Provisional Constitution, Article III, Section 3).
Records, equipment, buildings, facilities, and other government properties must be preserved; if an office/body is abolished or reorganized, funds and properties must be transferred to the office/body substantially pertaining to its functions and responsibilities (Provisional Constitution, Article III, Section 4).
All existing laws, decrees, executive orders, proclamations, letters of instruction, implementing rules and regulations, and other executive issuances not inconsistent with the provisional constitution remain operative until amended, modified, or repealed by the President of the regular legislative body to be established under a new Constitution (Provisional Constitution, Article IV, Section 1).
The President may review and amend, modify, or revoke contracts, concessions, permits, or other privileges for natural resources exploration/development/exploitation/utilization entered into/granted/issued/acquired before the date of the proclamation when national interest requires (Provisional Constitution, Article IV, Section 2).
A Commission to draft a new Constitution must be appointed by the President within sixty (60) days from the proclamation date and must be composed of not less than thirty (30) nor more than fifty (50) natural born citizens with recognized probity and known independence, nationalism, and patriotism, chosen after consultation with various sectors (Provisional Constitution, Article V, Section 1).
The drafting Commission must complete its work within as short a period as consistent with hastening normal constitutional government and drafting a document reflective of Filipino ideals and aspirations (Provisional Constitution, Article V, Section 2).
The Commission must conduct public hearings for adequate participation (Provisional Constitution, Article V, Section 3).
The Commission’s plenary sessions must be public and fully recorded (Provisional Constitution, Article V, Section 4).
The new Constitution is presented to the President, who fixes the date for the plebiscite; validity and effectiveness depend on ratification by a majority of votes cast in a plebiscite held within sixty (60) days after submission (Provisional Constitution, Article V, Section 5).
National elections are held as may be provided by the new Constitution (Provisional Constitution, Article VI, Section 1).
Local elections are held on a date determined by the President not earlier than the plebiscite for ratification (Provisional Constitution, Article VI, Section 2).
The provisional constitution takes effect upon promulgation by the President (Provisional Constitution, Article VII, Section 1), and a consolidated official text is promulgated and published in English and Pilipino in the Official Gazette and newspapers of general circulation to ensure widespread dissemination (Provisional Constitution, Article VII, Section 2).