Article XVIII — Transitory Provisions
From EDSA to the Constitution: Article XVIII and the 1987 Transition Explained
Article XVIII is the bridge between dictatorship and democracy — the section that managed the transition from the Marcos regime to the constitutional order established in 1987. It answered practical questions: What happens to existing laws? What happens to Cory Aquino's revolutionary government? What about the Marcos ill-gotten wealth? And the US military bases?
27 sections mostly of historical importance, but with ongoing legal significance — Marcos-era PDs still in force, the PCGG still recovering assets, and BARMM still operating under the ARMM mandate.
What This Article Covers: Existing laws and Marcos-era decrees remain valid (Sec. 3), Cory Aquino government transition (Sec. 2), staggered Senate terms for first Congress (Sec. 3), PCGG authority and ill-gotten wealth recovery (Sec. 26), US military bases treaty requirement (Sec. 25), and ARMM creation mandate (Sec. 26).
Key sections at a glance
Existing laws remain in force
Official constitutional text
The first Congress shall, within thirty days from the organization of both Houses, adopt its internal rules, elect its officers, and perform such other functions as may be provided under this Constitution. The incumbent President shall continue to exercise legislative powers until the first Congress is convened.
ELI5— what this means for you
All laws, decrees, executive orders, proclamations, letters of instruction, and other executive issuances not inconsistent with this Constitution shall remain operative until amended, repealed, or revoked. This continuity clause ensured the country didn't have a legal vacuum when the 1987 Constitution replaced the 1973 Marcos Constitution.
Cory Aquino government's mandate
Official constitutional text
The incumbent President and Vice-President shall serve until noon of June 30, 1992.
With the signing of this Constitution, the terms of office of all Members of the interim Batasang Pambansa, the interim Prime Minister, and the Cabinet under the 1973 Constitution are hereby terminated.
ELI5— what this means for you
The incumbent President (Corazon Aquino) and Vice President (Salvador Laurel) continued in office until their terms under this Constitution ended. The new Congress first convened on July 27, 1987. This transitory section legitimized the post-EDSA revolutionary government under the new constitutional framework.
First congressional terms
Official constitutional text
All existing laws, decrees, executive orders, proclamations, letters of instructions, and other executive issuances not inconsistent with this Constitution shall remain operative until amended, repealed, or revoked.
ELI5— what this means for you
The first Congress under the 1987 Constitution — Senators and House members elected in the May 1987 elections — had shorter terms: Senators drew lots, with half serving 4-year terms and half serving 6-year terms, to establish the staggered Senate election system.
Anti-graft laws and PCGG
Official constitutional text
The bills authorizing the convening of the first Congress under this Constitution shall be passed as soon as possible for implementation.
ELI5— what this means for you
The Presidential Commission on Good Government (PCGG) was established by Cory Aquino to recover the ill-gotten wealth of Marcos and his cronies. This transitory section provided constitutional backing for the PCGG's sequestration and recovery actions, which were retroactive to the Marcos years.
US bases at Clark and Subic — time limit
Official constitutional text
After the expiration in 1991 of the Agreement between the Republic of the Philippines and the United States of America concerning Military Bases, foreign military bases, troops, or facilities shall not be allowed in the Philippines except under a treaty duly concurred in by the Senate and, when the Congress so requires, ratified by a majority of the votes cast by the people in a national referendum held for that purpose, and recognized as a treaty by the other contracting State.
ELI5— what this means for you
The US military bases (Clark Air Base and Subic Naval Base) were allowed to continue operating under the existing RP-US Bases Agreement, subject to a treaty to be negotiated. This transitory provision gave the bases a limited window — the Senate ultimately rejected the new bases treaty in 1991, and the bases were decommissioned by 1992.
ARMM — autonomous region in Muslim Mindanao
Official constitutional text
The authority to issue sequestration or freeze orders under Proclamation No. 3 dated March 25, 1986 in relation to the recovery of ill-gotten wealth shall remain operative for not more than eighteen months after the ratification of this Constitution. However, in the national interest, as certified by the President, the Congress may extend said period.
ELI5— what this means for you
Congress was mandated to create the Autonomous Region in Muslim Mindanao (ARMM) as soon as possible. RA 6734 (1989) created ARMM; it was later replaced by BARMM under RA 11054 (2018) after the signing of the Bangsamoro peace agreement.
Why these transitory provisions still matter
Marcos-era PDs still govern you
Hundreds of Presidential Decrees from 1972-1986 remain in force as law — from property regulations to corporate requirements. Section 3's continuity clause keeps them valid until repealed.
PCGG cases still in court
Recovery of Marcos ill-gotten wealth, authorized by Section 26, is still being litigated as of 2026. Some Marcos family assets remain under sequestration or are being contested in Sandiganbayan and SC.
BARMM traces back to this article
The mandate in Section 26 to create ARMM led to ARMM (1989) and eventually BARMM (2018) — one of the most significant political developments in contemporary Philippine history.
US bases decision shaped defense policy
Section 25's requirement for Senate concurrence on bases treaties led to the 1991 Senate rejection of the RP-US Bases Agreement. This shaped the Enhanced Defense Cooperation Agreement (EDCA) and VFA — structured as executive agreements, not treaties, to avoid Senate ratification.
Mandatory section
For OFWs / Para sa OFW
Article XVIII's historical provisions shaped the legal environment OFWs live under — from Marcos-era labor laws that still govern some OFW regulations, to the political transition that created OWWA and DMW.
- The first modern OFW protection laws were passed after the 1987 Constitution — RA 8042 (1995) built on the constitutional framework established after EDSA. The democratic transition enabled by Article XVIII made OFW rights legislation possible.
- Some Labor Code provisions that govern OFW deployment originate from Marcos-era PDs (PD 442 — Labor Code, 1974). These PDs remain valid under Article XVIII Section 3, amended multiple times by post-1987 legislation.
- OWWA (Overseas Workers Welfare Administration) was created by EO 126 (1987) under Cory Aquino's transitional government — an early exercise of the mandate in Article XVIII to implement the new constitutional framework for workers abroad.
- The PCGG's recovery of Marcos ill-gotten wealth — if successful — benefits all Filipinos including OFWs through government revenue. Track case developments at pcgg.gov.ph.
- For OFW labor disputes governed by Marcos-era provisions of the Labor Code, file complaints with DOLE or NLRC as usual — these provisions remain valid law.
Real Filipino scenario
Dante, 62, retired engineer
Dante is reviewing his land title and discovers it was issued under a Presidential Decree from 1975 (during Marcos's martial law). His neighbor tells him that all Marcos-era land titles are invalid under the 1987 Constitution. Dante is worried about losing his property.
What Dante should do
- Verify your title at the Registry of Deeds in Dumaguete City
- Check if the underlying PD or law your title was issued under has been repealed or declared unconstitutional
- Consult a licensed real estate lawyer if you have doubts about the validity of your title
- Contact the Land Registration Authority (LRA) at lra.gov.ph for title verification
- PAO provides free legal consultations for property matters if you qualify: pao.gov.ph
What most Filipinos get wrong about this
MythThe 1987 Constitution invalidated all Marcos-era laws.
Truth: Section 1 is explicit: existing laws remain operative until amended, repealed, or revoked — as long as they are not inconsistent with the 1987 Constitution. Many Marcos-era executive orders, presidential decrees, and laws remain in force today. Some have been amended; many are still valid.
MythThe PCGG had unlimited power to seize assets.
Truth: The PCGG's power to sequester Marcos-era ill-gotten wealth was extraordinary but not unlimited. The Supreme Court reviewed many PCGG sequestrations and struck down those that lacked factual and legal basis. The PCGG's authority was time-limited and subject to court review.
MythArticle XVIII has no relevance today — it's just historical.
Truth: Several Article XVIII provisions remain relevant: Section 1's continuity clause means any challenge to the validity of existing Marcos-era laws must still be raised. Section 25's US bases provision led directly to the withdrawal of US bases in 1992. The ARMM provision eventually led to BARMM. These historical decisions shape the Philippines today.
MythThe first senators in 1987 all served the same term.
Truth: Section 3 established staggered Senate terms for the first Senate to ensure continuity — half drew lots for shorter initial terms, half for full 6-year terms. This created the rotation system where only half the Senate is up for election every 3 years (with national elections).
How this history affects you today
Understand which laws you live under may be Marcos-era
Many PDs (Presidential Decrees) and LOIs (Letters of Instruction) from the Marcos era remain law. If a law you are affected by has a 'PD' or 'LOI' designation, it was issued during martial law. You can check if it has been amended or still stands at chanrobles.com or the Official Gazette.
Track PCGG and Marcos ill-gotten wealth recovery
The PCGG continues to recover assets. Updates on cases involving Marcos estate and cronies are available in court records at sc.judiciary.gov.ph and Sandiganbayan. The Marcos wealth recovery remains an ongoing legal matter.
Understand the BARMM transition
BARMM (which replaced ARMM, which was created under Article XVIII Sec. 26) is a result of this transitory provision's original mandate. Learn about BARMM at bangsamoro.gov.ph.
Know that you can challenge outdated or unconstitutional Marcos-era laws
If a Marcos-era law (PD, LOI) is being applied in a way that violates your rights under the 1987 Constitution, you can petition courts to declare it unconstitutional as applied. The Supreme Court regularly reviews such challenges.
Frequently asked questions
Are Marcos-era Presidential Decrees still valid?
Many are. Under Section 1, laws issued before the 1987 Constitution took effect — including Marcos-era PDs — remain valid if they are not inconsistent with the 1987 Constitution. Some PDs have been explicitly repealed by post-1987 legislation; others remain in force. You can check the Official Gazette or chanrobles.com for specific PD status.
What happened to the Marcos ill-gotten wealth?
The PCGG was created by Cory Aquino to recover assets. Sequestrations were filed against hundreds of entities. Some have been decided by the Sandiganbayan and Supreme Court — with mixed results. Some assets were recovered for the government; others were returned to the Marcos estate after courts found insufficient evidence of ill-gotten wealth. The litigation continues as of 2026.
Why did the US bases leave the Philippines in 1992?
Article XVIII Section 25 required a new treaty to be negotiated for the US bases to continue beyond the transition period. The Philippine Senate voted 12-11 to reject the new bases treaty in September 1991. Under the constitutional requirement for Senate concurrence (Art. VII Sec. 21), no treaty = no bases. US forces withdrew from Clark and Subic in 1992.
What is the relationship between ARMM and BARMM?
ARMM (Autonomous Region in Muslim Mindanao) was created under Article XVIII Sec. 26 via RA 6734 (1989). It covered 5 provinces. After the Comprehensive Agreement on the Bangsamoro (2014), RA 11054 (Bangsamoro Organic Law, 2018) replaced ARMM with BARMM (Bangsamoro Autonomous Region in Muslim Mindanao) — with a broader territory and a new Bangsamoro Parliament. Both trace their constitutional lineage to Article XVIII.
Sources
- 01.1987 Philippine Constitution, Article XVIII — Official Gazette of the Philippines
- 02.Presidential Commission on Good Government — pcgg.gov.ph
- 03.Bangsamoro Autonomous Region in Muslim Mindanao — bangsamoro.gov.ph
- 04.Republic Act No. 11054 — Bangsamoro Organic Law (2018)
About the author
Written by Irvin Abarca with research support from Claude AI. Irvin is the founder of BatasKo, based in Dumaguete City.
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