Proclamation No. 1 PROCLAMATION NO. 1 Sovereignty resides in the people and all government authority emanates from them.

On the basis of the peoples mandate clearly manifested last February 7, I and Salvador H. Laurel are taking power in the name and by the will of the Filipino people as President and Vice President, respectively. The people expect a reorganization of government. Merit will be rewarded. As a first step to restore public confidence I expect all appointed public officials to submit their courtesy resignations beginning with the members of the Supreme Court. I pledge to do justice to the numerous victims of human rights violations. Consistent with the demands of the sovereign people, we pledge a government dedicated to uphold truth and justice, morality and decency in government, freedom and democracy. To help me run the government, I have issued Executive Order No. 1 dated February 25, 1986 appointing key cabinet ministers and creating certain task forces. I ask our people not to relax but to be even more vigilant in this one moment of triumph. The Motherland cannot thank them enough. Yet, we all realize that more is required of each and everyone of us to redeem our promises and prove to create a truly just society for our people. This is just the beginning. The same spirit which animated our campaign, and has led to our triumph, will once more prevail, by the power of the people and by the grace of God. Done in the City of Manila, this 25th of February in the year of Our Lord, nineteen hundred and eighty-six. (Sgd.) CORAZON C. AQUINO President PROCLAMATION NO. 58 DECLARING TUESDAY, MARCH 23, 1948, A SPECIAL PUBLIC HOLIDAY WHEREAS, Proclamation No. 53, dated February 3, 1948, fixes Tuesday, March 23, 1948, as the day for the Holding of a special election in the fourth representative district of the Province of Iloilo and in the first representative district of the Province of Leyte for the purpose of electing the members who are to fill the existing vacancies in the House of Representatives; NOW, THEREFORE, I, Manuel Roxas, President of the Philippines, pursuant to the provisions of section 30 of the Revised Administrative Code, and in order to permit the free access of duly qualified electors to the polls, do hereby declare Tuesday, March twenty-third, nineteen hundred and forty-eight, a special public holiday in the representative districts in the provinces above named. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Republic of the Philippines to be affixed. Done in the City of Manila, this 8th day of March, in the year of Our Lord, nineteen hundred and forty-eight, and of the Independence of the Philippines, the second. (Sgd.) MANUEL ROXAS President of the Philippines Proclamation No. 3 DECLARING A NATIONAL POLICY TO IMPLEMENT REFORMS MANDATED BY THE PEOPLE PROTECTING THEIR BASIC RIGHTS, ADOPTING A PROVISIONAL CONSTITUTION, AND PROVIDING FOR AN ORDERLY TRANSITION

WHEREAS, the new government was installed through a direct exercise of the power of the Filipino people assisted by units of the New Armed Forces of the Philippines; WHEREAS, the heroic action of the people was done in defiance of the provisions of the 1973 Constitution, as amended; WHEREAS, the direct mandate of the people as manifested by their extraordinary action demands the complete reorganization of the government, restoration of democracy, protection of basic rights, rebuilding of confidence in the entire government system, eradication of graft and corruption, restoration of peace and order, maintenance of the supremacy of civilian authority over the military, and the transition to government under a New Constitution in the shortest time possible; WHEREAS, during the period of transition to a New Constitution it must be guaranteed that the government will respect basic human rights and fundamental freedoms; WHEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by virtue of the power vested in me by the sovereign mandate of the people; do hereby promulgate the following Constitution:

ARTICLE 1 ADOPTION OF CERTAIN PROVISIONS OF THE 1973 CONSTITUTION, AS AMENDED SECTION 1. The provisions of ARTICLE I (National Territory), ARTICLE III (Citizenship), ARTICLE IV (Bill of Rights), ARTICLE V (Duties and Obligations of Citizens), and ARTICLE VI (Suffrage) of the 1973 Constitution, as amended, remain in the force and effect and are hereby adopted in toto as part of this Provisional Constitution. SECTION 2. The provision of ARTICLE II (Declaration of Principles and State Policies), ARTICLE VII (The President), ARTICLE X (The Judiciary), ARTICLE XI (Local Government), ARTICLE XIII (Accountability of Public Officers), ARTICLE XIV (The National Economy and Patrimony of the Nation), ARTICLE XV (General Provisions) of the 1973 Constitution, as amended, are hereby adopted as part of this Provisional Constitution, as amended, are hereby adopted as part of this Provisional Constitution, insofar as they are not inconsistent with the provisions of this Proclamation. ARTICLE II THE PRESIDENT, THE VICE-PRESIDENT, AND THE CABINET SECTION 1. Until a legislature is elected and convened under a New Constitution, the President shall continue to exercise legislative power. The President shall give priority to measures to achieve the mandate of the people to: a) Completely reorganize the government and eradicate unjust and oppressive structures, and all iniquitous vestiges of the previous regime; b) Make effective the guarantees of civil, political, human, social, economic and cultural rights and freedoms of the Filipino people, and provide remedies against violations thereof; c) Rehabilitate the economy and promote the nationalist aspirations of the people;

d) Recover ill-gotten properties amassed by the leaders and supporters of the previous regime and protect the interest of the people through orders of sequestration or freezing of assets of accounts; e) f) Eradicate graft and corruption in government and punish those guilty thereof; and, Restore peace and order, settle the problem of insurgency, and pursue national reconciliation based on justice.

SECTION 2. The President shall be assisted by a Cabinet which shall be composed of Ministers with or without portfolio who shall be appointed by the President. They shall be accountable to and hold office at the pleasure of the President. SECTION 3. The President shall have control of and exercise general supervision over all local governments. SECTION 4. In case of permanent vacancy arising from death, incapacity or resignation of the President, the Vice-President shall become President. In case of death, permanent incapacity, or resignation of the Vice-President, the Cabinet shall choose from among themselves the Minister with portfolio who shall act as President. SECTION 5. The Vice-President may be appointed Member of the Cabinet and may perform such other functions as may be assigned to him by the President. SECTION 6. The President, the Vice-President, and the Members of the Cabinet shall be subject to the disabilities provided for in Section 8, Article VII, and in Section 6 and 7 Article IX, respectively, of the 1973 Constitution, as amended. ARTICLE III GOVERNMENT REORGANIZATION SECTION 1. In the reorganization of the government, priority shall be given to measures to promote economy, efficiency, and the eradication of graft and corruption. SECTION 2. All elective and appointive officials and employees under the 1973 Constitution shall continue in the office until otherwise provided by proclamation or executive order or upon the designation or appointment and qualification of their successors, if such is made within a period of one year from February 25, 1986. SECTION 3. Any public office or employees separated from the service as a result of the reorganization effected under this Proclamation shall, if entitled under the laws then in force, receive the retirement and other benefits accuring thereunder. SECTION 4. The records, equipment, buildings, facilities and other properties of all government offices shall be carefully preserved. In case any office or body is abolished or reorganized pursuant to this Proclamation, its funds and properties shall be transferred to the office or body to which its powers, functions, and responsibilities substantially pertain. ARTICLE IV EXISTING LAWS SECTION 1. All existing laws, decrees, executive orders, proclamations, letters of instruction, implementing rules and regulations, and other executive issuances not inconsistent with this Proclamation shall remain operative until amended, modified, or repealed by the President or the regular legislative body to be established under a New Constitution. SECTION 2. The President may review all contracts, concessions, permits, or other forms of privileges for the exploration, development, exploitation, or utilization of natural resources entered into, granted, issued, or acquired before the date of this proclamation and when the national interest requires, amend, modify, or revoke them. ARTICLE V ADOPTION OF A NEW CONSTITUTION SECTION 1. Within sixty (60) days from date of this Proclamation, a Commission shall be appointed by the President to draft a New Constitution. The Commission shall be composed of not less than thirty (30) nor more than fifty (50) natural born citizens of the Philippines, of recognized probity, known for their independence, nationalism and patriotism. They shall be chosen by the President after consultation with various sectors of society. SECTION 2. The Commission shall complete its work within as short a period as may be consistent with the need both to hasten the return of normal constitutional government to draft a document truly reflective of the ideals and aspirations of the Filipino people.

SECTION 3. The Commission shall conduct public hearings to insure that the people will have adequate participation in the formulation of the New Constitution. SECTION 4. The plenary session of the Commission shall be public and fully recorded. SECTION 5. The New Constitution shall be presented by the Commission to the President who shall fix the date for the holding of a plebiscite. It shall become valid and effective upon ratification by a majority of the votes cast in such plebiscite which shall be held within a period of sixty (60) days following its submission to the President. ARTICLE VI HOLDING OF ELECTIONS SECTION 1. National elections shall be held as may be provided by the New Constitution. SECTION 2. Local elections shall be held on a date to be determined by the President which shall be held on a date to be determined by the President which shall not be earlier than the date of the plebiscite for the ratification of the New Constitution. ARTICLE VII EFFECTIVE DATE SECTION 1. This Proclamation shall take effect upon its promulgation by the President. SECTION 2. Pursuant to the letter and spirit of this Proclamation, a consolidated official text of the Provisional Constitution shall be promulgated by the President and published in English and Pilipino in the official Gazette and in newspapers of general circulation to insure widespread dissemination. DONE in the City of Manila, the 25th of March, in the year of Our Lord, Nineteen Hundred and Eighty-Six.

ARTICLE XVIII TRANSITORY PROVISIONS Section 27. This Constitution shall take effect immediately upon its ratification by a majority of the votes cast in a plebiscite held for the purpose and shall supersede all previous Constitutions. The foregoing proposed Constitution of the Republic of the Philippines was approved by the Constitutional Commission of 1986 on the twelfth day of October, Nineteen hundred and eighty-six, and accordingly signed on the fifteenth day of October, Nineteen hundred and eighty-six at the Plenary Hall, National Government Center, Quezon City, by the Commissioners whose signatures are hereunder affixed.

Costitutional Law: Cabanas v Pilapil 58 SCRA 94, July 25, 1974 MELCHORA CABANAS, plaintiff-appellee, vs.FRANCISCO PILAPIL, defendant-appellant.

Facts: Deceased Florentino Pilapil, the husband of Melchora Cabanas and the father of Millian Pilapil, left an insurance having his child as the beneficiary and authorized his brother, Francisco Pilapil, to act as trustee during his daughters minority. The lower court decided to give the mother of the child the right to act as trustee while her child is a minor citing the appropriate provisions in the Civil Code. The welfare of the child is the paramount consideration here, and the mother resides with the child so she is the rightful trustee. The judiciary pursuant to its role as an agency of the State parens patriae, called for the mother to take responsibility. The defendant appealed for the case. He claims the retention of the amount in question by invoking the terms of the insurance policy. He is the rightful trustee of the insurance policy.

Issue: Whether the mother or the uncle should be entitled to act as a trustee of a minor beneficiary of the proceeds of an insurance policy from her deceased father? Whether the trial court erred in its decision to give the right to the mother?

Ruling: The decision is affirmed with costs against the defendant-appellant. The provisions of Article 320 and 321 of the Civil Code became the basis of the decision. The former provides that the father, or in his absence the mother, is the legal administrator of the property pertaining to the child under parental authority. If the property is worth more than two thousand pesos, the father or mother shall give a bond subject to the approval of the Court of First Instance." The latter provides that "The property which the unemancipated child has acquired or may acquire with his work or industry, or by any lucrative title, belongs to the child in ownership, and in usufruct to the father or mother under whom he is under parental authority and whose company he lives; ... With the added circumstance that the child stays with the mother, not the uncle, without any evidence of lack of maternal care, the decision arrived at can stand the test of the strictest scrutiny. The appealed decision is supported by another cogent consideration. It is buttressed by its adherence to the concept that the judiciary, as an agency of the State acting as parens patriae, is called upon whenever a pending suit of litigation affects one who is a minor to accord priority to his best interest This prerogative of parens patriae is inherent in the supreme power of every State, whether that power is lodged in a royal person or in the legislature, and has no affinity to those arbitrary powers which are sometimes exerted by irresponsible monarchs to the great detriment of the people and the destruction of their liberties." What is more, there is this constitutional provision vitalizing this concept. It reads: "The State shall strengthen the family as a basic social institution." 10 If, as the Constitution so wisely dictates, it is the family as a unit that has to be strengthened, it does not admit of doubt that even if a stronger case were presented for the uncle, still deference to a constitutional mandate would have led the lower court to decide as it did.

The trust, insofar as it is in conflict with the above quoted provision of law, is pro tanto null and void. In order, however, to protect the rights of the minor, Millian Pilapil, the plaintiff should file an additional bond in the guardianship proceedings, Sp. Proc. No. 2418-R of this Court to raise her bond therein to the total amount of P5,000.00." 5

LAWYERS LEAGUE FOR A BETTER PHILIPPINES vs. AQUINO (G.R. No. 73748 - May 22, 1986) FACTS: 1. On February 25, 1986, President Corazon Aquino issued Proclamation No. 1 announcing that she and Vice President Laurel were taking power. 2. On March 25, 1986, proclamation No.3 was issued providing the basis of the Aquino government assumption of power by stating that the "new government was installed through a direct exercise of the power of the Filipino people assisted by units of the New Armed Forces of the Philippines." ISSUE: Whether or not the government of Corazon Aquino is legitimate. HELD: Yes. The legitimacy of the Aquino government is not a justiciable matter but belongs to the realm of politics where only the people are the judge. The Court further held that: 1. The people have accepted the Aquino government which is in effective control of the entire country; 2.It is not merely a de facto government but in fact and law a de jure government; and 3.The community of nations has recognized the legitimacy of the new government