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Name: Proclamation No. 3 declaring a national policy to implement the reforms mandated by the people, adopting a Provisional Constitution, and related matters.
Country: Philippines
Subject(s): Constitutional law
Type of legislation: Constitution
Adopted on: 1986-03-25
Entry into force:
Published on: Official Gazette, 1986-03-31, No. 13, pp. 1567-1571
ISN: PHL-1986-C-2264
Bibliography: Official Gazette, 1986-03-31, No. 13, pp. 1567-1571
Abstract/Citation: This Proclamation by the President is designed to provide an orderly transition to a Government under a new Constitution by promulgating a Provisional Constitution. The Preamble recalls the mandate of the people and the circumstances under which the new Government was installed. The Provisional Constitution adopts the provisions of Arts. I (National Territory), III (Citizenship), IV (Bill of Rights), V (Duties and Obligations of Citizens) and VI (Suffrage) of the 1973 Constitution, as amended. It states that the following Articles of the 1973 Constitution also remain in force in so far as they are not inconsistent with the provisions of this Proclamation: II (Declaration of Principles and State Policies), VII (President), X (Judiciary), XI (Local Government), XII (Constitutional Commissions), XIII (Accountability of Public Officers), XIV (National Economy and Patrimony), and XV (General Provisions), as amended. Finally, Arts. VIII (Batasang Pambansa (Parliament)), IX (Prime Minister and Cabinet), XVI (Amendments), XVII (Transitory Provisions), and all amendments thereto are declared to be superseded. In addition, the President is to appoint a Commission to draft a new Constitution which shall become valid upon ratification by the majority of the votes cast in a plebiscite. All existing laws, implementing regulations, etc. which are not inconsistent with the Proclamation remain operative until modified, amended or repealed by the President or the legislative body to be established under the new Constitution. In regard to government reorganization, all elective and appointive officials and employees remain temporarily in office; the Proclamation also addresses the holding of elections. Further, it contains new provisional constitutional provisions regarding the President, Vice-President and the Cabinet. It sets as priorities for action government reorganization, effective guarantees of civil, political, human, social, economic and cultural rights, economic rehabilitation, recovery of ill-gotten assets and property, eradication of graft and corruption, and restoration of peace and order, especially in relation to insurgency.
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