Presidential Decrees

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PRESIDENTIAL DECREES

Presidential Decrees were an innovation made by President Ferdinand E. Marcos with the
proclamation of Martial Law. They served to arrogate unto the Chief Executive the lawmaking powers of
Congress. Only President Marcos issued Presidential Decrees. In the Freedom Constitution of 1986,
President Corazon C. Aquino recognized the validity of existing Presidential Decrees unless otherwise
repealed.

EXECUTIVE ISSUANCES
Acts of the Chief Executive of the Philippines, whether in the exercise of the executive power or
broader powers conferred by emergency or at particular periods.

ADMINISTRATIVE ORDERS
“Acts of the President which relate to particular aspects of governmental operations in pursuance
of his duties as administrative head shall be promulgated in administrative orders.”
Administrative Code of 1987, Book III, Chapter 2, Section 3.

MEMORANDUM CIRCULARS
“Acts of the President on matters relating to internal administration, which the President desires to
bring to the attention of all or some of the departments, agencies, bureaus or offices of the Government,
for information or compliance, shall be embodied in memorandum circulars.”
Administrative Code of 1987, Book III, Chapter 2, Section 6

MEMORANDUM ORDERS
“Acts of the President on matters of administrative detail or of subordinate or temporary interest
which only concern a particular officer or office of the Government shall be embodied in memorandum
orders.”
Administrative Code of 1987, Book III, Chapter 2, Section 5

REPUBLIC ACTS
A Republic Act is a piece of legislation used to create policy in order to carry out the principles of
the Constitution. It is crafted and passed by the Congress of the Philippines and approved by the
President of the Philippines. It can only be repealed by a similar act of Congress.

PROCLAMATIONS
“Acts of the President fixing a date or declaring a status or condition of public moment or interest,
upon the existence of which the operation of a specific law or regulation is made to depend, shall be
promulgated in proclamations which shall have the force of an executive order.” Administrative Code of
1987, Book III, Chapter 2, Section 4

EXECUTIVE ORDERS
“Acts of the President providing for rules of a general or permanent character in implementation
or execution of constitutional or statutory powers shall be promulgated in executive orders.”
Administrative Code of 1987, Book III, Chapter 2, Section 2.
Constitutional Reform in the Philippines

● This refers to the political and legal processes needed to amend the current 1987
Constitution of the Philippines. Under the common interpretation of the Constitution,
amendments can be proposed by one of three methods:
○ People's Initiative,
○ Constituent Assembly
○ Constitutional Convention
● amendments or revisions in the 1987 Philippine Constitution.

What are the changes that can be implemented?


● Bodies can either propose amendments or revisions to the 1987 Constitution.
● Amendments refer to changes that do not affect the overall structure and basic principles
of the Constitution. Revisions are changes that involve alterations in the structure.
● For example, changing the provision on the term limit of the President is an amendment
while an overhaul of the government structure to federalism is a revision.

How can the 1987 Philippine Constitution be changed?


● The process of changing the Constitution, according to retired Supreme Court (SC)
justice Vicente Mendoza, can be categorized into two stages – the proposal stage and
the ratification stage.
● In the first stage, changes are proposed by a C​on-Ass or a Constitutional Convention
(Con-Con), or through a People’s Initiative.
● Congress, through a vote of three-fourths of all members, can convene into a Con-Ass.
This body can propose both amendments and revisions.
● A Con-Con is made up of elected delegates and can propose both amendments and
revisions. Congress, by a vote of two-thirds of its members, can call for an election of its
members.
● A People’s Initiative can only propose amendments through a petition of at least 12% of
the total number of registered voters, according to Article XVII of the Constitution. The
process is provided in Republic Act 6735 or the Initiative and Referendum Act.

After the body approves the proposals, what happens now?


● Once the proposals are “approved” in the first stage – regardless of whether done
through a Con-Ass or Con-Con – these will be subject to a national plebiscite.
● Amendments or revisions are only valid once ratified by a majority of votes, according to
Article XVII of the Constitution.
● The schedule of the national plebiscite, to be set by Congress, should be within 60 to 90
days after the body approves the proposal.
● “There should be a public discussion in the newspapers, in the schools, wherever people
gather,” he said. “The idea is for them to keep talking within that period, that's the study
period and it’s the duty of the people, as citizens of an independent nation, to study the
proposals very well.”
● A national plebiscite is an exercise in the "power of the people" when it comes to the law.
● "To change the Constitution, the power is with the people. Not even Congress –
Congress can only propose changes but the change must be done by the people so it is
what you call the constitution of sovereignty. Sovereignty is the highest power of the
people to make or change the law.

Method Proposal Ratification


Constituent Vote by three-quarters of all its The plebiscite, not earlier than
Assembly members sixty days nor later than ninety
Constitutional ● Called into existence by days after the submission of the
Convention Congress​, with a vote of amendments or revision
two-thirds of all its Members
● Majority vote of all of the
Members of Congress,
submitting to the electorate
the question of calling such
a convention.
People's Petition of at least 12% of the total The plebiscite, not earlier than
Initiative number of registered voters, of which sixty days nor later than ninety
every legislative district must be days after the certification by the
represented by at least 3% of the Commission on Elections of the
registered voters therein sufficiency of the petition.

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