2. de leon vs esguerra

8/10/2019 2. de Leon vs Esguerra

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PHILIPPINE JURISPRUDENCE - FULL TEXTThe Lawphil Project - Arellano Law Fon!ation"#R# No# $%&'( A)*t +, ,(%$ALFRED. /# DE LE.N 0*# 1ENJA/IN 1# ES"UERRA

Republic of the Philippines

SUPRE/E C.URTManila

EN BANC

"#R# No# $%&'( A)*t +, ,(%$

ALFRED. /# DE LE.N AN"EL S# SALA/AT /ARI. C# STA# ANA J.SEC# T.LENTIN. R."ELI. J# DE LA R.SA an! J.SE /#

RESURRECCI.N petitioners,vs.

H.N# 1ENJA/IN 1# ES"UERRA in hi* capacit2 a* .IC "o0ernor o3 thePro0ince o3 Ri4al H.N# R./E. C# DE LE.N in hi* capacit2 a* .IC/a2or o3 the /nicipalit2 o3 Ta2ta2 Ri4al FL.RENTIN. "# /A"N.

RE/I"I. /# TI"AS RICARD. 5# LACANIENTA TE.D.R. 6# /EDINAR.SEND. S# PA5 an! TERESITA L# T.LENTIN. respondents.

/ELENCI.-HERRERA J.:

An original action for Prohibition instituted by petitioners seeking to enoin

respondents fro! replacing the! fro! their respective positions as BarangayCaptain 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 thePetition, 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 and0ose M. Resurreccion, as Barangay Council!en of Barangay "olores, #aytay,

Ri$al under Batas Pa!bansa Blg. , otherise knon as the BarangayElection Act of (*+.

1n 2ebruary *, (*+), petitioner Alfredo M, de -eon received a Me!orandu!antedated "ece!ber (, (*+3 but signed by respondent 1'C 4overnor

Bena!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,


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Ricardo 6. -acanienta #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 onMarch :, (*+3;

#hat as being 1'C 4overnor of the Province of Ri$al and in the perfor!anceof !y duties thereof, ' a!ong others, have signed as ' did sign the

unnu!bered !e!orandu! ordering the replace!ent of all the barangayofficials of all the barangay


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years !ust be dee!ed to have been repealed for being inconsistent ith theafore%uoted provision of the Provisional Constitution.

E9a!ining the said provision, there should be no %uestion that petitioners, aselective officials under the (*) Constitution, !ay continue in office but

should vacate their positions upon the occurrence of any of the events!entioned. ,

/ince the pro!ulgation of the Provisional Constitution, there has been noprocla!ation or e9ecutive order ter!inating the ter! of elective Barangayofficials. #hus, the issue for resolution is hether or not the designation ofrespondents to replace petitioners as validly !ade during the oneyear

period hich ended on 2ebruary , (*+).

Considering the candid Affidavit of respondent 1'C 4overnor, e hold that2ebruary +, (*)), should be considered as the effective date of replace!ent

and not "ece!ber (,(*+3 to hich it as ante dated, in keeping ith thedictates of ustice.

But hile 2ebruary +, (*+) is ostensibly still ithin the oneyear deadline, theafore%uoted provision in the Provisional Constitution !ust be dee!ed to havebeen overtaken by /ection ), Article D7''' of the (*+) Constitution reading.

SECTION 27. #his Constitution shall take effect i!!ediately upon itsratification by a !aority 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 thatdate, therefore, the Provisional Constitution !ust be dee!ed to have been

superseded. ?aving beco!e inoperative, respondent 1'C 4overnor could nolonger 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 speciallyconsidering 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 ensuretheir fullest develop!ent as selfreliant co!!unities. 7/i!ilarly, the (*+)Constitution ensures the autono!y of local govern!ents and of political

subdivisions of hich the barangays for! a part, +and li!its the President&spoer to 5general supervision5 over local govern!ents. 8Relevantly, /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


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Constitution, and the sa!e should, therefore, be considered as still operative,pursuant to /ection , Article D7''' of the (*+) Constitution, reading8

/ec. . All e9isting las, decrees, e9ecutive orders, procla!ations letters ofinstructions, and other e9ecutive issuances not inconsistent, ith this

Constitution shall re!ain operative until a!ended, repealed or revoked.

?ERE21RE,


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#he record of the proceedings and debates of the Constitutional Co!!issionfully supports the Court&s udg!ent. 't shos that the clear, une%uivocal and

e9press intent of the Constitutional Conunission in unani!ously approving -#/12 />C? P-EB'/C'#E.5


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MR. MAAMB1N4. Mada! President, after conferring ith our chair!an, theco!!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 itould be too !uch for us to i!pose a ti!e fra!e on the President to !akethe 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 las shall be faithfully co!plied. hen e approvethis first sentence, and it says that there ill be a procla!ation by the

President that the Constitution has been ratified, the President ill naturallyco!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 thePresident a ti!e fra!e ithin hich she ill !ake that declaration. 't ouldbe 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 sentencehich the 4entle!an is proposing, Mada! President.

MR. "A7'"E. ' a! prepared to ithdra the sa!e on the assu!ption thatthere ill be an i!!ediate procla!ation of the results by the President.

MR. MAAMB1N4. ith 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 dependentupon the procla!ation of the President. T*e eectivit o t*e Constitutions*oul! co((ence on t*e !ate o t*e ratiication, not on t*e !ate o t*e

procla(ation o t*e Presi!ent. hat is confusing, ' think, is )*at *appene! in$%7/hen the a!end!ents of (*)3 ere ratified. 'n that particular case, thereason t*e a(en!(ents o $%7/ )ere eective upon t*e procla(ation o t*ePresi!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 asuspicion that as put in there precisely to give the President so!e kind ofleeay 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

(aniestation o t*e act o t*e people to #e !one un!er t*e supervision o t*eCO'E0ECand it should be the C1ME-EC ho should !ake the

announce!ent that, in fact, the votes sho that the Constitution as ratifiedand there should be no need to ait for any procla!ation on the part of thePresident.

MR. MAAMB1N4. ould the 4entle!an anser a fe clarificatory%uestionsI

2R. BERNA/. illingly, Mada! President.

MR. MAAMB1N4. #he 4entle!an ill agree that a date has to be fi9ed as toe9actly hen the Constitution is supposed to be ratified.

2R. BERNA/. ' ould say that t*e ratiication o t*e Constitution is on t*e!ate t*e votes )ere suppose! to *ave #een cast.


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MR. MAAMB1N4. -et us go to the !echanics of the hole thing, Mada!President. e present the Constitution to a plebiscite, the people e9ercise

their right to vote, then the votes are canvassed by the Co!!ission onElections. '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",5hat 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 Presidentere to say that the plebiscite ould be held, for instance, on 0anuary (*,

(*+), then the date for the effectivity of the ne Constitution ould be0anuary (*, (*+).

MR. MAAMB1N4. 'n other ords, it ould not depend on the actualissuance 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. ith that state!ent of Co!!issioner Bernas, e ouldlike 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 cannotbe the date of reckoning because it is a plebiscite all over the country. e donot 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 theresults 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 bodyhich ill !ake the for!al announce!ent of the results of the plebiscite. /oit 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 ithCo!!issioner "avide. ' support the stand of Co!!issioner Bernas because

it is reall t*e !ate o t*e castin+ o t*e 1es1 votes t*at is t*e !ate o t*eratiication o t*e Constitution T*e announce(ent (erel conir(s t*e

ratiication even if the results are released to or three days after. ' think it isa funda!ental principle in political la, even in civil la, because an

announce!ent is a !ere confir!ation T*e act o ratiication is t*e act ovotin+ # t*e people./o that is the date of the ratification. 'f there should beany need for presidential procla!ation, that procla!ation ill !erely confir!

the act of ratification.

#hank you, Mada! President.


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#?E PRE/'"EN#. "oes Co!!issioner Regalado ant to contributeI

MR. RE4A-A"1. Mada! President, ' as precisely going to state the sa!esupport for Co!!issioner Bernas, because the canvass thereafter is !erely

the (at*e(atical conir(ation of hat as done during the date of theplebiscite and theprocla(ationof the President is(erel t*e oicial

conir(ator !eclaration o an act )*ic* )as actuall !one # t*e Filipinopeople 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 fi9a date for the effectivity of the Constitution. /uppose the announce!ent isdelayed 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. ith the theory of the Co!!issioner, ould there be anecessity for the Co!!ission on Elections to declare the results of the

canvassI

2R. BERNA/. #here ould be becauseit is t*e Co((ission on Elections)*ic* (a-es t*e oicial announce(ent o t*e results.

MR. MAAMB1N4. My ne9t %uestion hich is the final one is8 After theCo!!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 thecanvass 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 theprocla!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 electionlas is under an independent Co!!ission on Elections. 't is the Co!!issionon Elections hich announces the results.

MR. MAAMB1N4. But nevertheless, the President !ay !ake theprocla!ation.

2R. BERNA/. @es, the President !ay. And if hat he says contradicts hatthe Co!!ission on Elections says, it ould have no effect. ' ould only addthat 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 eective ro( t*e previous (i!ni+*t.


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/o that hen e adopted the ne rule on citi$enship, the children of 2ilipino!others or anybody born on the date of effectivity of the (*) Constitution,hich is 0anuary (), (*), are naturalborn citi$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#iscite


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 hichspeaks of the date


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#?E PRE/'"EN#. Co!!issioner Maa!bong is recogni$ed

MR. MAAMB1N4. e ill no ask once !ore Co!!issioner "avide if he isinsisting 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 eective 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 folloingbodies 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 originalprovision as stated by the co!!ittee.

MR. MAAMB1N4. #he co!!ittee ill read again the for!ulation indicated inthe original co!!ittee report as /ection (.

T*is Constitution s*all ta-e eect i((e!iatel upon its ratiication # a

(a5orit o t*e votes cast in a ple#iscite calle! or t*e purpose an! s*allsuperse!e all previous Constitutions.

e ask for a vote, Mada! President.

7 1 # ' N 4

#?E PRE/'"EN#. As !any as are in favor, please raise their hand.


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continued e9ercise of legislative poers by the incu!bent President until theconvening of the first Congress, etc.

A final note of clarification, as to the state!ent in the dissent that 5theappoint!ents of so!e seven Court of Appeals 0ustices, )( provincial fiscals

and city fiscals reported e9tended


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as cut short by the ratification of the (*+) Constitution, ' entertain seriousdoubts hether or not that cutoff 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. + 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 bya !aority 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 dateits ratification shall have been ascertained, and not at the ti!e the people cast

their votes to approve or reect it. 2or it cannot be logically said that

Constitution as ratified during such a plebiscite, hen the ill of the peopleas 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 beteen 2ebruary , and 2ebruary ((, (*+) thegovern!ent perfor!ed acts that ould have been valid under the Provisional

Constitution but ould otherise have been void under the (*+) Charter. 'recall, in particular, the appoint!ents of so!e seven Court of Appeals

0ustices, )( provincial fiscals, and city fiscals the President reportedlye9tended on 2ebruary , (*+). , >nder /ections +


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'n 'a+toto v. 'an+uera, 7e held that the (*) Constitution beca!e in forceand effect on 0anuary (), (*), 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 Chief0ustice, #eehankee ould push its effectivity date further to April (), (*), the

date our decision in Javellana v. E6ecutive Secretar, +beca!e final. And thisas so notithstanding /ection (3, Article D7'', of the (*) Constitution,

thus8

/EC. (3. #his Constitution shall take effect i!!ediately upon its ratificationby a !aority of the votes cast in a plebiscite called for the purpose and,e9cept as herein provided, shall supersede the Constitution of nineteen

hundred and thirty five and all a!end!ents thereto.

1n 1ctober ), (*)3, then President Marcos pro!ulgated Procla!ation no.(*, proclai!ing the ratification of the (*)3 a!end!ents sub!itted in the

plebiscite of 1ctober (3 (), (*)3. #he Procla!ation states, inter alia, that.

By virtueof the poers vested in !e by la, ' hereby proclai! all thea!end!ents e!bodied in this certificate as duly ratified by the 2ilipino peoplein the referendu! plebiscite held 1ct. (3(), (*)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 haveproclai!ed that they have been ratified by a !aority of the votes cast in the

referendu!plebiscite.

1n April (, (*+:, the then Chief E9ecutive issued Procla!ation no. (**,5Proclai!ing the Ratification by the 2ilipino People of the A!end!ents of/ection ), Article D of the Constitution5


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. . .shall beco!e valid as part of the Constitution hen approved by a!aority 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 the2ilipino People, for Ratification or Reection, the A!end!ent to the

Constitution of the Philippines, Proposed by the Batasang Pa!bansa, /ittingas a Constituent Asse!bly, in its Resolutions Nu!bered #hree, #o, and

1ne, and to Appropriate 2unds #herefore,5 provides, as follos8

/EC. ). #he Co!!ission on Elections, sitting en #anc, shad canvass andproclai! the result of the plebiscite using the certificates sub!itted to it, dulyauthenticated and certified by the Board of Canvassers of each province or

city.

e have, finally, Procla!ation No. , 5Proclai!ing the Ratification in thePlebiscite of 0anuary ), (*+J, of the A!end!ents to the Constitution

E!bodied in Batasang Pa!bansa Resolutions Nos. (:J, (:, ((:, (((, ((and ((.5 't states that the a!end!ents8

....are therefore effective and in full force and effect as of the date of thisProcla!ation.

't carries out Resolution no. (:J itself


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thereto, has been duly ratified by the 2ilipino people and is therefore effectiveand in full force and effect. 8

the (*+) Constitution, in point of fact, ca!e into force and effect, ' hold that ittook effect at no other ti!e.

' sub!it that our ruling in Ponsica v. I+nala+a 'in hich e declared, inpassing, that the ne Charter as ratified on 2ebruary , (*+), does not in

any ay eaken this dissent. As ' stated, the re!ark as said in passingedid 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, ' nocall for its ree9a!ination.

' a! therefore of the opinion, consistent ith the vies e9pressed above, thatthe challenged dis!issals done on 2ebruary +, (*+) ere valid, the (*+)

Constitution not being then as yet in force.

Separate .pinion*

TEEHAN9EE 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 dateits ratification as proclai!ed per Procla!ation No. + 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 thatby virtue of the provision of Article D7''', /ection ) of the (*+) Constitutionthat it 5shall take effect i!!ediately upon its ratification by a !aority of thevotes cast in a plebiscite held for the purpose,5 the (*+) Constitution took

effect on 2ebruary , (*+), the date of its ratification in the plebiscite held onthat sa!e date.

#he thrust of the dissent is that the Constitution should be dee!ed to 5takeeffect on the date its ratification shall have been ascertained and not at the

ti!e the people cast their votes to approve or reect it.5 #his vie as actuallyproposed at the Constitutional Co!!ission deliberations, but as ithdran

by its proponent in the face of the 5overhel!ing5 contrary vie that theConstitution 5ill be effective on the very day of the plebiscite.5

#he record of the proceedings and debates of the Constitutional Co!!issionfully supports the Court&s udg!ent. 't shos that the clear, une%uivocal and

e9press intent of the Constitutional Conunission in unani!ously approving


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is the act of voting by the people. /o that is the date of the ratification5 andthat 5the canvass thereafter Gof the votesH is !erely the !athe!atical

confir!ation of hat as done during the date of the plebiscite and theprocla!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 hereinbelo8 ,

MR. MAAMB1N4. 'a!a( Presi!ent, (a )e no) put to a vote t*e ori+inalor(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 folloing a!end!ents.

1n line , delete the ords 5its ratification5 and in lieu thereof insert thefolloing. 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 folloing85AN" #?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 originallyfor!ulated. e 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 inlieu 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 Afterthe ord 5constitutions,5 add the ords5 AN" #?E'R AMEN"MEN#/,5

#he co!!ittee accepts the first proposed a!end!ent. ?oever, e regretthat e cannot accept the second proposed a!end!ent after the ord

5constitutions5 because the co!!ittee feels that hen e talk of all previousConstitutions, necessarily it includes 5AN" #?E'R AMEN"MEN#/.5

MR. "A7'"E. ith that e9planation, l ill not insist on the second. But,Mada! President, !ay ' re%uest that ' be alloed to read the second

a!end!ent so the Co!!ission ould be able to appreciate the change inthe 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 '#?'N 2'7E "A@/ 21--1'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, theco!!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 itould be too !uch for us to i!pose a ti!e fra!e on the President to !akethe procla!ation. As e ould recall, Mada! President, in the approved


17/26

Article on the E9ecutive, there is a provision hich says that the Presidentshall !ake certain that all las shall be faithfully co!plied. hen e approve

this first sentence, and it says that there ill be a procla!ation by thePresident that the Constitution has been ratified, the President ill naturallyco!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 ouldbe 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 sentencehich the 4entle!an is proposing, Mada! President.

MR. "A7'"E. ' a! prepared to ithdra the sa!e on the assu!ption thatthere ill be an i!!ediate procla!ation of the results by the President.

MR. MAAMB1N4. ith 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 thea!end!ent hich !akes the effectivity of the ne Constitution dependentupon the procla!ation of the President. T*e eectivit o t*e Constitution

s*oul! co((ence on t*e !ate o t*e ratiication, not on t*e !ate o t*eprocla(ation o t*e Presi!ent. hat 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 eective upon t*e procla(ation o t*ePresi!ent as that the draft presented to the people said that the a!end!entill 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 ofleeay 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

(aniestation o t*e act o t*e people to #e !one un!er t*e supervision o t*eCO'E0ECand it should be the C1ME-EC ho should !ake the

announce!ent that, in fact, the votes sho that the Constitution as ratifiedand there should be no need to ait for any procla!ation on the part of the

President.

MR. MAAMB1N4. ould the 4entle!an anser a fe clarificatory

%uestionsI

2R. BERNA/. illingly, Mada! President.

MR. MAAMB1N4. #he 4entle!an ill agree that a date has to be fi9ed as toe9actly hen the Constitution is supposed to be ratified.

2R. BERNA/. ' ould say that t*e ratiication 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. e present the Constitution to a plebiscite, the people e9ercise

their right to vote, then the votes are canvassed by the Co!!ission onElections. '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


18/26

hat ould be, in clear ter!s, the date hen the Constitution is supposed tobe ratified or not ratified, as the case !ay beI

2R. BERNA/. #he date ould be the casting of the ballots. if the Presidentere 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 actualissuance 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 actof saying 5yes5 is done hen one casts his ballot.

MR. MAAMB1N4. /o it is the date of the plebiscite itself, Mada! PresidentI


MR. MAAMB1N4. ith that state!ent of Co!!issioner Bernas, e ouldlike 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 cannotbe the date of reckoning because it is a plebiscite all over the country. e donot 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 theresults 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 bodyhich ill !ake the for!al announce!ent of the results of the plebiscite. /oit 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 ithCo!!issioner "avide. ' support the stand of Co!!issioner Bernas because

it is reall t*e !ate o t*e castin+ o t*e 1es1 votes t*at is t*e !ate o t*eratiication o t*e Constitution T*e announce(ent (erel conir(s t*e

ratiication even if the results are released to or three days after. ' think it isa funda!ental principle in political la, even in civil la, because an

announce!ent is a !ere confir!ation T*e act o ratiication is t*e act ovotin+ # t*e people./o that is the date of the ratification. 'f there should beany 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


19/26

MR. RE4A-A"1. Mada! President, ' as precisely going to state the sa!esupport for Co!!issioner Bernas, because the canvass thereafter is !erely

the (at*e(atical conir(ation of hat as done during the date of theplebiscite and theprocla(ationof the President is(erel t*e oicial

conir(ator !eclaration o an act )*ic* )as actuall !one # t*e Filipinopeople 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 fi9a date for the effectivity of the Constitution. /uppose the announce!ent isdelayed by, say, (: days or a !onth, hat happens to the obligations and

rights that accrue upon the approval of the ConstitutionI /o ' think e !usthave 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. ith the theory of the Co!!issioner, ould there be anecessity for the Co!!ission on Elections to declare the results of the

canvassI

2R. BERNA/. #here ould be becauseit is t*e Co((ission on Elections)*ic* (a-es t*e oicial 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 bea 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 theprocla!ation hether the Constitution has been ratified or not.

2R. BERNA/. ' ould say that the procla!ation !ade by the Presidentould be i!!aterial because under the la, the ad!inistration of all electionlas 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 theprocla!ation.

2R. BERNA/. @es, the President !ay. And if hat he says contradicts hatthe Co!!ission on Elections says, it ould have no effect. ' ould only addthat 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

eective ro( t*e previous (i!ni+*t./o that hen e adopted the ne ruleon citi$enship, the children of 2ilipino !others or anybody born on the date of


20/26

effectivity of the (*) Constitution, hich is 0anuary (), (*), are naturalborn citi$ens, no !atter hat ti!e of day or night.

MR. MAAMB1N4. Could e, therefore, safely say that hatever date is thepu#lication o t*e results o t*e canvass # t*e CO'E0EC retroacts to t*e

!ate o t*e ple#iscite


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 definitedate. ' think it is precisely the proposal of Co!!issioner Bernas hich

speaks of the date


21/26

MR. MAAMB1N4. e ill no ask once !ore Co!!issioner "avide if he isinsisting on his a!end!ent

MR. "A7'"E. In vie) o t*e e6planation an! over)*el(in+ tyranny of theopinion t*at it )ill #e eective 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 folloing

bodies the 1ffice of the President or the C1ME-EC ill !ake the for!alannounce!ent of the results.

MR. RAMA. Mada! President, e are no ready to vote on the originalprovision as stated by the co!!ittee.

MR. MAAMB1N4. #he co!!ittee ill read again the for!ulation indicated inthe original co!!ittee report as /ection (.

T*is Constitution s*all ta-e eect i((e!iatel upon its ratiication # a(a5orit o t*e votes cast in a ple#iscite calle! or t*e purpose an! s*all

superse!e all previous Constitutions.

e ask for a vote, Mada! President.

7 1 # ' N 4

#?E PRE/'"EN#. As !any as are in favor, please raise their hand.


22/26

A final note of clarification, as to the state!ent in the dissent that 5theappoint!ents of so!e seven Court of Appeals 0ustices, )( provincial fiscals

and city fiscals reported e9tended


23/26

constitution took effect on 2ebruary ((, (*+), the date the sa!e asproclai!ed ratified pursuant to Procla!ation No. + 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 bya !aority 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 dateits ratification shall have been ascertained, and not at the ti!e the people cast

their votes to approve or reect it. 2or it cannot be logically said thatConstitution 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 beteen 2ebruary , and 2ebruary ((, (*+) thegovern!ent perfor!ed acts that ould have been valid under the Provisional

Constitution but ould otherise have been void under the (*+) Charter. 'recall, in particular, the appoint!ents of so!e seven Court of Appeals

0ustices, )( provincial fiscals, and city fiscals the President reportedlye9tended on 2ebruary , (*+). , >nder /ections +


24/26

(*)( Constitutional Convention,5 as issued, although Mr. 0ustice, no Chief0ustice, #eehankee ould push its effectivity date further to April (), (*), thedate our decision in Javellana v. E6ecutive Secretar, +beca!e final. And this

as so notithstanding /ection (3, Article D7'', of the (*) Constitution,thus8

/EC. (3. #his Constitution shall take effect i!!ediately upon its ratificationby a !aority of the votes cast in a plebiscite called for the purpose and,e9cept as herein provided, shall supersede the Constitution of nineteen

hundred and thirty five and all a!end!ents thereto.

1n 1ctober ), (*)3, then President Marcos pro!ulgated Procla!ation no.(*, proclai!ing the ratification of the (*)3 a!end!ents sub!itted in theplebiscite of 1ctober (3 (), (*)3. #he Procla!ation states, inter alia, that.

By virtueof the poers vested in !e by la, ' hereby proclai! all the

a!end!ents e!bodied in this certificate as duly ratified by the 2ilipino peoplein the referendu! K plebiscite held 1ct. (3(), (*)3 and are thereforeeffective 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 haveproclai!ed that they have been ratified by a !aority of the votes cast in the

referendu!plebiscite.

1n April (, (*+:, the then Chief E9ecutive issued Procla!ation no. (**,5Proclai!ing the Ratification by the 2ilipino People of the A!end!ents of/ection ), Article D of the Constitution5


25/26

... shall beco!e valid as part of the Constitution hen approved by a !aorityof 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 the2ilipino People, for Ratification or Reection, the A!end!ent to the

Constitution of the Philippines, Proposed by the Batasang Pa!bansa, /ittingas a Constituent Asse!bly, in its Resolutions Nu!bered #hree, #o, and

1ne, and to Appropriate 2unds #herefore,5 provides, as follos8

/EC. ). #he Co!!ission on Elections, sitting en #anc, shad canvass andproclai! the result of the plebiscite using the certificates sub!itted to it, dulyauthenticated and certified by the Board of Canvassers of each province or

city.

e have, finally, Procla!ation No. , 5Proclai!ing the Ratification in thePlebiscite of 0anuary ), (*+J, of the A!end!ents to the Constitution

E!bodied in Batasang Pa!bansa Resolutions Nos. (:J, (:, ((:, (((, ((and ((.5 't states that the a!end!ents8

....are therefore effective and in full force and effect as of the date of thisProcla!ation.

't carries out Resolution no. (:J itself


26/26

the (*+) Constitution, in point of fact, ca!e into force and effect, ' hold that ittook effect at no other ti!e.

' sub!it that our ruling in Ponsica v. I+nala+a 'in hich e declared, inpassing, that the ne Charter as ratified on 2ebruary , (*+), does not in

any ay eaken this dissent. As ' stated, the re!ark as said in passingedid 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, ' nocall for its ree9a!ination.

' a! therefore of the opinion, consistent ith the vies e9pressed above, thatthe challenged dis!issals done on 2ebruary +, (*+) ere valid, the (*+)

Constitution not being then as yet in force.

Footnote*

( #opacio, 0r. vs. Pi!entel 4.R. No. ))):, April (:, (*+3.

/ection , BP Blg. .

Article ((, /ection and Article D, /ections (, , (J, a!ong others.

J Article D, /ection J.

/ection , BP Blg. .

#eehankee, C.0., concurring8

( 7olu!e 2ive, Record of the Constitutional Co!!ission Proceedings and "ebates, pages 3:3;

e!phasis supplied.

#he entire draft Constitution as approved on 1ctober (, (*+3 forty fortyfive votes in favor and toagainst.

#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 (, (*+).

/ar!iento, 0., dissenting8

( Manila Bulletin, 2eb. , (*+), p. (, cols. 3) Philippine "aily 'n%uirer, 2eb. ,(*+), p. (, cot (; Malaya,2eb. , (*+), p. (, col. (.

Nos. ):(: March , (*), 3 /CRA J

2. de leon vs esguerra

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