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Mga Batas Pambansa : MGA BATAS PAMBANSA
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BATAS PAMBANSA BILANG. 122BATAS PAMBANSA BLG. 122 - AN ACT
TO SUBMIT TO THE FILIPINO PEOPLE, FOR RATIFICATION OR REJECTION, THE
AMENDMENTS TO THE CONSTITUTION OF THE PHILIPPINES, PROPOSED BY THE
BATASANG PAMBANSA, SITTING AS A CONSTITUENT ASSEMBLY, IN ITS
RESOLUTIONS NUMBERED TWO, THREE AND ONE, AND TO APPROPRIATE FUNDS
THEREFOR
Section 1. A
plebiscite shall be held on April 7, 1981, at which amendments to the
Constitution of the Republic of the Philippines proposed by the
Batasang Pambansa, sitting as a Constituent Assembly, during its Third
Regular Session shall be submitted to the electorate for their
consideration.
Sec. 2. The said amendments shall be published at
least once in each of the English and Pilipino newspapers of nationwide
circulation, the last publication to be made not later than March 17,
1981. Printed copies of the amendments shall be posted in a conspicuous
place in every municipal, city and provincial office building not later
than March 17, 1981. Sufficient copies of the proposed amendments shall
be furnished each polling place to be available for examination by the
qualified voters during the day of the plebiscite. Whenever
practicable, copies in the principal dialects as may be determined by
the Commission on Elections shall also be printed and used. The
Commission on Elections is hereby empowered to promulgate rules and
regulations to assure widest dissemination of information on the
proposed constitutional amendments through the broadcast and print
media and the barangays.
Sec. 3. The ballots to be used in the plebiscite
shall be printed in English, and in appropriate cases, in Arabic as
provided by the Election Code of 1978, in a form to be prescribed by
the Commission on Elections which shall include the questions
hereinafter stated.
OFFICIAL BALLOT
The Batasang Pambansa, sitting as a Constituent Assembly, in Resolution
No. 2, No. 3 and No. 1 has proposed that the Constitution of the
Philippines be amended in the particulars hereinbelow stated.
To vote for the approval of each of the questions covering the
amendments proposed, write the word "Yes" or its equivalent in the
blank space provided for the purpose.
To vote for the rejection thereof, write the word "No" or its
equivalent.
QUESTION NO. 1
Do you vote for the approval of an amendment to the Constitution and to
Amendment No. 2, as proposed by the Batasang Pambansa in Resolution No.
2, which, in substance, calls for the establishment of a modified
parliamentary system, amending for this purpose Articles VII, VIII and
IX of the Constitution, with the following principal features:
(1) The President is the head of state and Chief
Executive of the Republic of the Philippines, elected by direct vote of
the people for a term of six years. He has control of the Ministries.
He formulates the guidelines of national policy. He nominates the Prime
Minister and the Deputy Prime Minister to be elected by the Batasang
Pambansa. Upon the advice of the Prime Minister in writing, whenever
the need arises for a vote of confidence on a fundamental issue, the
President may dissolve the Batasang Pambansa and call for an election
on a date set by him. However, the Batasang Pambansa may not be
dissolved: 1) within eighteen (18) months preceding a regular election
of the Batasang Pambansa; 2) within eighteen (18) months immediately
following such election; 3) during the pendency of impeachment
proceedings against the President; or 4) when the Executive Committee
or the Speaker, in appropriate cases, exercises the powers or
discharges the duties of the President. The President shall be immune
from suit during his tenure. Thereafter, no suit whatsoever shall lie
for official acts done by him or by others pursuant to his specific
orders during his tenure. This immunity shall apply to the incumbent
President referred to in Article XVII of this Constitution.
(2) The legislative power is vested in the Batasang
Pambansa to be composed of not more than 200 members unless otherwise
provided by law, including regional and sectoral representatives, and
members of the Cabinet chosen by the President. The regional and
sectoral representatives shall have a term of six years. The regular
election for the members of the Batasang Pambansa shall be held on the
second Monday of May, 1984, and every six years thereafter. The
Batasang Pambansa elects the Prime Minister upon nomination by the
President. It may withdraw its confidence from the Prime Minister, in
which case, the President may within ten days from advice of the
adoption of the motion of non-confidence, submit to the Batasang
Pambansa a nominee for Prime Minister. It calls for the election of
President in case of permanent disability, death, removal from office
or resignation of the President. In addition to the existing
disqualifications, its Members may not appear as counsel in any
criminal case wherein a government officer or employee is accused of an
offense committed in relation to his office.
(3) The Executive Committee is composed of not more
than 14 members designated by the President, at least half of whom
shall be members of the Batasang Pambansa. It is headed by the Prime
Minister. The Executive Committee assists the President in the exercise
of his powers and functions and in the performance of his duties as he
may prescribe. The Executive Committee shall exercise the powers and
discharge the duties of the President until a President is elected and
qualified in the following cases: (a) if the President-elect dies; or
(b) fails to qualify before the beginning of his term; or (c) if the
President has not been chosen before the start of his term. In case of
permanent disability, death, removal from office or resignation of the
President, the Executive Committee headed by the Prime Minister as
hereinafter provided shall exercise the powers of the President until a
President shall have been elected and qualified. If the permanent
disability, death, removal from office or resignation of the President
occurs earlier than eighteen (18) months before the expiration of his
term, the Batasang Pambansa shall, within thirty days from the time the
vacancy occurs, call a special election to be held not earlier than
thirty-five days nor later than sixty days from the time of such call,
to elect a President to serve the unexpired term. In the absence of the
Executive Committee, the Speaker of the Batasang Pambansa shall act as
President until a President shall have been elected and qualified.
(4) The Cabinet, headed by the Prime Minister, shall
be composed of Ministers with or without portfolio appointed by the
President. At least a majority of the Cabinet who are heads of
ministries shall come from the Regional Representatives of the Batasang
Pambansa.
(5) The Prime Minister is the head of the Cabinet and
of the Executive Committee. He is elected by the Batasang Pambansa upon
nomination by the President from among the Members. The Prime Minister
and the Cabinet shall be responsible to the Batasang Pambansa for the
program of government approved by the President.
The Deputy Prime Minister, elected by the Batasang Pambansa, upon
nomination by the President from among the Members thereof, performs
functions assigned to him by the Prime Minister.
QUESTION NO. 2
Do you vote for the approval of an amendments to the Constitution of
the Philippines, as proposed by the Batasang Pambansa in Resolution No.
3, which, in substance, institutes electoral reforms, namely:
(1) Except as member of the Executive Committee, no
elective official shall be eligible for appointment to any office or
position during his tenure, unless otherwise provided by law, amending
for this purpose paragraph (1) Sec. 4 of Article XII-B;
(2) Accreditation of political parties whose
candidates for President obtained the first and second highest number
of votes in the last preceding presidential election under this
Constitution if each has obtained at least ten percent (10%) of the
total number of votes cast, amending for this purpose Sec. 8 of
Article XII-C;
(3) Grant to accredited political parties the right
to be represented in the registration board, board of election
inspectors, board of canvassers, or similar bodies; as well as grant to
accredited political parties of other rights or privileges as may be
provided by law; amending for this purpose paragraph (2), Sec. 9,
Article XII-C; and
(4) Change of political party affiliation by an
elective public officer during his term of office, or by a candidate
for an elective office within six months immediately preceding or
following an election shall be prohibited, unless otherwise provided by
law, amending for this purpose Sec. 10, Article XII-C.
QUESTION NO. 3
Do you vote for the approval of an amendment to the Constitution of the
Philippines, as proposed by the Batasang Pambansa in Resolution No. 1,
which, in substance, provides that a natural-born citizen of the
Philippines who has lost his Philippine citizenship may be a transferee
of private land, for use by him as his residence, as the Batasang
Pambansa shall provide, amending for this purpose Sec. 14 of Article
XIV of the Constitution?
Sec. 4. The Citizens Election Committees that
functioned in the local elections of January 30, 1980 are hereby
reappointed to serve in the same polling centers subject to the power
of the Commission on Elections to make new appointments or transfers
whenever the need arises.
Sec. 5. The Citizens Election Committees shall
prepare and sign three copies of the returns of the plebiscite in their
respective voting centers on a form to be prescribed by the Commission
on Elections. One copy shall be deposited in the ballot box for valid
ballots, and two copies shall be delivered to the Municipal Election
Registrar who shall immediately deliver the original copy to the
Provincial Election Officer and forward the other to the Commission on
Elections.
Sec. 6. Upon the completion of the canvass, the
Provincial or City Board of Canvassers as the case may be shall prepare
a certificate of canvass in duplicate. The original shall be delivered
to the Commission on Elections in Manila by the fastest possible means,
one copy to be filed in the Office of the Provincial Election Officer.
Sec. 7. The Commission on Elections, sitting en
banc, shall canvass and proclaim the result of the plebiscite using the
certificates, submitted to it, duly authenticated and certified by the
Board of Canvassers of each province or city.
Sec. 8. The Commission on Elections shall
promulgate rules and regulations to carry out the provisions of this
Act.
Sec. 9. The expenses for such plebiscite shall be
charged to the appropriations of the Commission on Elections authorized
for the purpose in the current Annual General Appropriations Act. In
case of deficiency, the appropriations herein provided may be augmented
from funds currently authorized in the General Appropriations Act under
the Special Activities Fund.
Sec. 10. The plebiscite shall be conducted and
supervised by the Commission on Elections and shall be governed by the
pertinent provisions of the 1978 Election Code and other applicable
laws.
Sec. 11. This Act shall take effect upon its
approval.
Approved: March 10,
1981.
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