TITLE X. TRANSITIONAL PROVISIONS
Article 250
While the pertinent secondary legislation is not modified, the crimes punishable by death that are not included in Article 27 of this Constitution shall be sanctioned with the highest penalty of deprivation of liberty. This disposition will be applied to people who would have had the death penalty by executive sentence.
Article 251
Until the law of procedure mentioned in the last clause of Article 30 of this Constitution becomes effective, the law regulating this matter shall continue in effect, but its operation shall not exceed February 28, 1984.
Article 252
The right established in the 12th ordinal of Article 38 of this Constitution will be in force until it is regulated by secondary law, which shall have no retroactive effect.
Article 253
The provisions embodied in the Constituent Decree No. 36, dated November 22, 1983, published in the Official Gazette, No. 225, Vol. 281, dated December 5 of the same year are incorporated in this Title.
That provided in the 3rd, 4th and 5th ordinals of Article 152 of this Constitution, shall not take effect for the next election for President and Vice-President of the Republic, owing to that provided for in Constituent Decree No. 36, dated November 22, 1983, published in the Official Gazette No. 225, Vol. 281, dated December 5 of the same year.
Article 254
The persons to whom this Constitution confers the status of Salvadorans by birth, shall enjoy the rights and have the duties inherent to the same, from the date of their birth (vigencia), without requiring any additional procedure or recognition of nationality.
Article 255
The present organization of the Supreme Court of Justice shall continue in force until June 30, 1984, and the Magistrates of the same, elected by this Constituent Assembly, shall remain in their functions until such date, on which the Constitution and the laws relevant to its organization and competence, to which Articles 173 and 178 of this Constitution refer, must be harmonized.
The Magistrates of the Chambers of Second Instance and Judges of the First Instance presently serving shall complete their respective terms and the newly selected ones, as prescribed by this Constitution, will enjoy job stability, as referred to in the same, and shall meet the requirements it demands.
Article 256
The President and Magistrates of the Court of Accounts of the Republic elected by this Constituent Assembly will remain in their posts until June 30, 1984.
Article 257
The Vice-President of the Republic will continue the exercise of their positions until May 31, 1984, with the powers established by Constituent Decree No. 9, dated May 6, 1982, published in the Official Gazette No. 91, Vol. 275, dated the 19th of the same month and year.
Article 258
The powers, authorities and other functions which the law or regulations confer to the Sub-secretaries of the State, shall be exercised by the Vice-Ministers of State, except [the power] to form part of the Council of Ministers, unless substituting for one of them.
Article 259
The Attorney General of the Republic and the General Procurator for the Poor (Procurador General de los Pobres), nominated as prescribed by the Constitution of 1962 and ratified by this Assembly according to the regimen of exceptions from the same, will remain in their posts until May 31, 1984.
Article 260
The Municipal Councils, appointed as prescribed by Constituent Decree No. 9 of May 6, 1982, published in the Official Gazette No. 9, Vol. 275, dated the 19th of the same month and year, will remain in their posts until April 30, 1985.
If during the period between May 31, 1984 and April 30, 1985, a vacancy should occur for any reason, it will be filled as prescribed by law.
Article 261
In the event that Ministers and Vice-Ministers of State are appointed during the period from the date this Constitution becomes effective to the date the President and Vice-President take charge of their posts, elected according to Constituent Decree No. 36, dated November 22, 1983, published in the Official Gazette No. 225, Vol. 281, dated December 5 of the same year, they must be ratified by the Legislative Assembly.
Article 262
The creation, modification and suppression of public taxes and contributions, to which ordinal 1 of Article 204 of this Constitution refer, shall be approved by the Legislative Assembly while the general law which the same constitutional disposition refers to is not in force.
Article 263
The Members of the Central Electoral Council, elected according to Constituent Decrees Nos. 17 and 18, dated November 3, 1982, published in Official Gazette No. 203, Vol. 277, dated the 4th of the same month and year, shall remain in their posts until July 31, 1984.
Article 264
While agrarian jurisdiction is not established, this matter will continue to be heard by the same institutions and tribunals which, according to the respective laws, have such powers applying the procedures they established.
Article 265
The legitimacy of all the laws and decrees relative to the process of the Agrarian Reform is recognized to the extent that they do not contradict the text of this Constitution.
Article 266
It is the duty of the State to establish mechanisms needed to guarantee payment of the price or indemnification of real estate used for agriculture, livestock and forestry, by nature, adherence or by designation expropriated as a consequence of legal dispositions which introduced changes in the system of property or possession of the same.
A special law will regulate this matter.
Article 267
If land which exceeds the maximum limits established in Article 105 of this Constitution is not transferred within the period therein contemplated due to a cause imputable to the owner, it may be the object of expropriation by the operation of law and indemnification may not be prior.
The concepts of peasant and small farmer must be defined by law.
Article 268
Trustworthy documents for the interpretation of this Constitution will be, in addition to the proceedings of the plenary session of the Constituent Assembly, the audio (magnetofónicas) and video recordings which contain the incidents and participation of the Constituent Deputies in its discussion and approval, as well as similar documents elaborated by the Editing Commission of the proposed Constitution. The Managing Board (Junta Directiva) of the Legislative Assembly must dictate the pertinent dispositions to guarantee the authenticity and conversation of said documents.
Article 269
If due to force majeure or gratuitous cause, duly recognized by the Legislative Assembly, elections for President and Vice-President of the Republic cannot be effectuated on the date indicated in Constituent Decree No. 36, dated November 22, 1983, published in Official Gazette No. 225, Vol. 281, dated December 5 of the same year, it shall set a new date. For the qualifications of the event as well as for the setting of the new date, a vote of three-fourths of the elected Deputies will be needed.
Article 270
The matter disposed in the third clause of Article 106 of this Constitution shall not be applied to indemnifications arising out of expropriations effectuated before the enactment of this Constitution.
Article 271
The Legislative Assembly must harmonize, with this Constitution, the secondary laws of the Republic and the special laws of creation and other dispositions which regulate the Official Autonomous Institutions, within the period of a year beginning from the date of its validity, to which effect the competent bodies must present their respective projects within the first six months of the indicated period.
Article 272
When this Constitution becomes effective every civil or military functionary must surrender the pledge to which Article 235 refers.
Article 273
This Assembly will be provided legal legislative validity (se constituirá en Legislativa) on the day on which the Constitution becomes effective and will end its term on April 30, 1985.
