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Mga Batas Pambansa : MGA BATAS PAMBANSA
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BATAS PAMBANSA BILANG. 697BATAS PAMBANSA BLG. 697 - AN ACT
TO GOVERN THE ELECTION OF MEMBERS OF THE BATASANG PAMBANSA ON MAY 14,
1984 AND THE SELECTION OF SECTORAL REPRESENTATIVES THEREAFTER,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
ARTICLE
I
GENERAL PROVISIONS
Section 1. Title and applicability. — This Act shall
be known and cited as "The Law on the 1984 Batasang Pambansa Election."
It shall govern the election for the regular Batasang Pambansa which
shall be held on May 14, 1984, and the selection of sectoral
representatives thereafter as provided by the Constitution.
Sec. 2. Election and campaign periods. — Unless
otherwise fixed by the Commission on Elections, hereinafter referred to
as the Commission, in special cases, the election period shall commence
ninety days before the day of the election and shall end thirty days
thereafter.
The campaign period for the election on May 14, 1984 shall commence on
March 27 and shall end at midnight of May 12, 1984. Campaigning shall
be prohibited on Holy Thursday, Good Friday, the day before the
election and on election day.
ARTICLE II
ELECTION OF MEMBERS FROM THE PROVINCES AND THEIR COMPONENT CITIES,
HIGHLY URBANIZED CITIES AND DISTRICTS IN METROPOLITAN MANILA
Sec. 3. Voting by province and its component
cities, by highly urbanized city or by district in Metropolitan Manila.
— All candidates shall be voted at large by the registered voters of
their respective constituencies. The candidates corresponding to the
number of Member or Members to be elected in a constituency who receive
the highest number of votes shall be declared elected.
ARTICLE III
SELECTION OF SECTORAL REPRESENTATIVES
Sec. 4. Sectoral representatives. — There shall be
three sectors to be represented in the Batasang Pambansa, namely: (1)
youth; (2) agricultural labor; and (3) industrial labor whose
representatives shall be selected by the President from the nominees of
their respective sectors in the manner herein provided. Each sector
shall be entitled to four representatives, two of whom shall come from
Luzon, one from Vizayas, and one from Mindanao: Provided, That the
youth sector shall be entitled to two additional sectoral
representatives who shall be selected from any part of the country.
Sec. 5. Scope of the Sectors. — The agricultural
labor sector covers all persons who personally and physically till the
land as their principal occupation. It includes agricultural tenants
and lessees, rural, workers and farm employees, owner-cultivators,
settlers and small fishermen.
The industrial labor sector includes all non-agricultural workers and
employees.
The youth sector embraces persons not more than twenty-five years of
age.
Sec. 6. Selection of sectoral representatives. —
Not later than twenty days after the election of provincial, city or
district representatives, the most representative and generally
recognized organizations or aggroupments of members of the agricultural
labor, industrial labor, and youth sectors, as attested to by the
Minister of Labor and Employment, and the Ministers of Local Government
and of Education, Culture and Sports, respectively, shall in accordance
with the procedures of said organizations or President their respective
nominees for each slot allotted from each sector. The President shall
appoint from among the nominees submitted by the aforementioned
organizations or aggroupments the representatives of each sector.
In recognizing the most representative and generally recognized
organizations or aggroupments, the Ministers of Agrarian Reform and of
Agriculture, the Minister of Labor and Employment, and the Ministers of
Local Government and of Education, Culture and Sports shall consider:
a) The extent of membership and activity of the
organization or aggroupment which should be national;
b) The responsiveness of the organization or
aggroupment to the legitimate aspirations of its sector;
c) The militancy and consistency of the organization
or aggroupment in espousing the cause and promoting the welfare of the
sector consistent with that of the whole country;
d) The observance by such organization or aggroupment
of the rule of law; and
e) Other analogous factors.
The President of the Philippines shall in writing notify the
Secretary-General of the Batasang Pambansa of the appointment made by
him of any sectoral representative.
Except as herein otherwise provided, sectoral representatives shall
have the same functions, responsibilities, rights, privileges,
qualifications and disqualifications as the representatives from the
provinces and their component cities, highly urbanized cities or
district of Metropolitan Manila.
ARTICLE IV
RIGHTS OF POLITICAL PARTIES
Sec. 7. Political party. — "Political party" or
"party", when used in this Act, means an organized group of persons
pursuing the same ideology, political ideals of platform of government
and includes its branches and divisions. To acquire juridical
personality and to entitle it to the rights and privileges herein
provided for political parties, a political party shall first be duly
registered with the Commission. Any registered political party that
singly or in coalition with others fails to obtain at least three
percent of the votes cast in the constituency in which it nominated and
supported a candidate or candidates in the election next following its
registration shall, after notice and hearing, be deemed to have
forfeited such status as a registered political party, in such
constituency.
Sec. 8. Registration. — Any organized group of
persons seeking registration as a political party may file with the
Commission a verified petition attaching thereto its constitution,
by-laws, program of government and such other relevant information as
may be required by the Commission.
The Commission shall, after due notice and hearing, resolve the
petition within ten days from the date it is submitted for decision.
No religious sect, and no organization that seeks to achieve its goals
through violence shall be registered as a political party.
Existing registered political parties need not register anew.
Sec. 9. Selection of party candidates. — Any
registered political party or coalition or political parties may hold
its convention, caucus, consensus, conference or any such other methods
to select its official candidates at any time before March 27, 1984.
Sec. 10. Submission of party nomination. — The
nomination of the official candidates of a registered political party
or coalition of political parties, duly signed and attested under oath
by its President or Chairman, Secretary-General or any other party
official duly authorized to do so, shall be personally filed by the
party officers concerned or their duly authorized representatives with
the Commission or other officials authorized by the Commission to
receive such nominations, not later than March 27, 1984.
Nothing in this Act shall be construed as in any manner impairing the
prerogative of any registered political party or coalition of political
parties to make changes in its official ticket at any time: Provided,
however, That any candidate whose nomination has been withdrawn,
revoked, recalled, set aside, or candidacy, remain as an individual
candidate and may be voted upon and elected. The inclusion of a
candidate in the official ticket of a registered political party shall
not be given due course unless such candidate has filed a certificate
of candidacy not later than the date fixed herein, except as provided
under Section 18 hereof.
Sec. 11. Coalition of political parties. —
Registered political parties shall have the right to coalesce and
combine or unite their forces and present common candidates in any
constituency.
Notice of such coalition or agreement to unite political forces of
registered political parties shall be filed personally by the party
officers concerned or their duly authorized representatives with the
Commission not later than March 27, 1984 in the case of existing
coalitions or agreements and thereafter within five days from such
coalition or agreement.
A political party may nominate and/or support candidates not belonging
to it.
ARTICLE V
ELIGIBILITY OF CANDIDATES AND CERTIFICATES OF CANDIDACY
Sec. 12. Qualifications of Members of the Batasang
Pambansa. — No person shall be elected Member of the Batasang Pambansa
unless he is a natural-born, is at least twenty-five years of age, able
to read and write, a registered voter in the political subdivision in
which he shall be elected and a resident thereof for a period of not
less than six months immediately preceding the day of the
election.
A sectoral representative shall be a natural-born citizen of the
Philippines, able to read and write, a resident of the Philippines for
a period of not less than one year immediately preceding the day of the
election, a bona-fide member of the sector he seeks to represent, a
registered voter, and on the day of the election, at least twenty-five
years of age, except the youth sector representative who should be at
least eighteen and not more than twenty-five years of age: Provided,
however, That any youth sector representative who attains the age of
twenty-five years during his term shall continue in office until the
expiration of his term.
Sec. 13. Effects of filing of certificate of
candidacy. — (1) Any person holding a public appointive office or
position, including active officers and members of the Armed Forces of
the Philippines and the Integrated National Police, as well as
officials and employees of government-owned and government-controlled
corporations and their subsidiaries, shall ipso facto cease in office
or position as of the time he filed his certificate of candidacy:
Provided, however, That the Prime Minister the Deputy Prime Minister,
the Members of the Cabinet, and the Deputy Ministers shall continue in
the offices they presently hold notwithstanding the filing of their
certificates of candidacy.
(2) Governors, mayors, members of the various
sanggunians or barangay officials shall, upon filing a certificate of
candidacy, be considered on forced leave of absence from office.
Sec. 14. Change of political affiliation. — Any
person, including an elective official, may change his party
affiliation for purposes of the election herein provided for.
Cases for disqualification based on change of political party
affiliation or guest candidacy pending in the Commission or the Supreme
Court shall not be affected by the provisions of this section.
Sec. 15. Certificate of candidacy. — No person
shall be eligible for election as Member of the Batasang Pambansa
unless he files a sworn certificate of candidacy not later than March
27, 1984.
No fee shall be collected for the filing thereof.
No person shall be eligible to be a candidate in more than one
constituency and if he files certificates of candidacy for more than
one constituency, he shall not be eligible for any of them. However,
before midnight of March 27, 1984, the person who has filed more than
one certificate of candidacy may declare under oath the constituency
for which he desires to be a candidate and such declaration shall ipso
facto cancel the certificate of candidacy for the other constituency or
constituencies.
The filing of a certificate of candidacy shall not affect whatever
civil, criminal or administrative liabilities a candidate may have
incurred: Provided, however, That hearings of the case involving the
same shall be suspended during the election period, unless such
hearings are sought by the candidate himself.
Sec. 16. Contents of certificate of candidacy. —
The certificate of candidacy shall state that the person filing it is
announcing his candidacy for the office of Member of the Batasang
Pambansa and that he is eligible for said office; the province and its
component city or cities, highly urbanized city, or the district in
Metropolitan Manila which he seeks to represent, as the case may be;
the political party or coalition of political parties to which he
belongs, if any, and whether he is the official candidate of such
political party or coalition, if such be the case; civil status, and if
married, the full name of his or her spouse; his date of birth,
residence, and his post office address for all election purposes; his
profession or occupation; the voting center where he is duly
registered; that he will support and defend the Constitution of the
Republic of the Philippines and will maintain true faith and allegiance
thereto; that he will obey the laws and legal orders promulgated by the
duly constituted authorities; that the obligation imposed by his oath
is assumed voluntarily, without mental reservation or purpose of
evasion; and that the facts stated in the certificate of candidacy are
true of his own personal knowledge.
A candidate may use in his certificate of candidacy the name by which
he has been baptized, or the name registered in the office of the local
civil registrar, or any other name allowed under the provisions of
existing laws: Provided, That when there are two or more candidates for
an office with the same name and surname, each candidate, upon being
made aware of such fact, shall state his paternal and maternal
surnames, except the incumbent who may continue to use the name and
surname stated in his certificate of candidacy when he was elected. He
may also include one nickname or stage name by which he is generally or
popularly known in the locality.
The person filing a certificate of candidacy shall also affix his
latest passport-size photograph and a statement in duplicate containing
his bio-data.
In case a candidate has a pending petition for his inclusion as a voter
in the constituency where he seeks to be elected or is the respondent
in a petition for exclusion, his certificate of candidacy shall be
allowed and given due course subject to the outcome of the petition.
Any decision on a petition for inclusion or exclusion which affects the
qualification of a candidate may be elevated for review to the
Commission on Elections.
Sec. 17. Filing and distribution of a certificate
of candidacy. — (a) The certificate of candidacy of a person running
for election as representative of a province and its component city or
cities, highly urbanized city, or district in Metropolitan Manila,
shall be filed in five legible copies on any day not later than March
27, 1984 with the Provincial Election Supervisor, City or Municipal
Election Registrar or the Commission, as the case may be: Provided,
That in cases of postponement or failure of election, no additional
certificate of candidacy shall be accepted except in cases of
substitution of candidates as prescribed in this Act. In case there are
two or more election registrars in a district of Metropolitan Manila,
the Commission shall designate the election registrar authorized to
receive certificates of candidacy.
The candidate shall, in addition, file legible copies of his
certificate of candidacy equivalent to double the number of voting
centers in the province and its component city or cities, highly
urbanized city of district in Metropolitan Manila, as the case may be.
(b) The Provincial Election Supervisor or Election
Registrar, as the case may be, shall immediately forward the
certificate of candidacy by registered mail to the Commission. The
additional copies of the certificate of candidacy shall be distributed
to the voting center within his territorial jurisdiction through the
municipal or city treasurer, together with the official ballots,
election returns and other election forms or paraphernalia.
Sec. 18. Candidates in case of death, withdrawal
or disqualification of another. — If after the last day for the filing
of certificates of candidacy, an official candidate of a registered
political party or coalition of political parties should die, withdraw
or become disqualified for any cause, only a person belonging to, and
certified by the same political party or coalition of political parties
may file a certificate of candidacy to replace the candidate who died,
withdrew or became disqualified. The substitute candidate nominated by
the political party or coalition of political parties concerned may
file his certificate of candidacy for the office affected in accordance
with the preceding sections on or before mid-day of the day of the
election. In the case of independent or partyless candidates, the
provisions of Sec. 28 of Presidential Decree No. 1296, the 1978
Election Code, shall apply.
If the death, withdrawal or disqualification should occur between the
day before the election and mid-day of election day, said certificate
may be filed with any citizens election committee in the political
subdivision where he is a candidate. The fact of such filing shall be
disseminated by the Commission to all the voting centers within the
said political subdivision by and through all possible means.
Sec. 19. Withdrawal or cancellation of
certificates of candidacy. — No certificates of candidacy shall be
considered withdrawn or cancelled unless the candidate files with the
office with which he filed the same or with the Commission, a sworn
statement of withdrawal or cancellation at any time before the day of
election.
A certificate of candidacy shall be considered ipso facto cancelled
from the moment the candidate concerned accepts, assumes or discharges
any office or employment in the government or any of its subdivisions,
instrumentalities or agencies, or in any government-owned or controlled
corporation, including its subsidiaries.
The fact of such withdrawal or cancellation shall be disseminated by
the Commission to the public and all voting centers within the
political subdivisions concerned by and through all possible means.
Sec. 20. Ministerial duty of receiving and
acknowledging receipts. — The Commission, Provincial Election
Supervisor or City or Municipal Election Registrar shall have the
ministerial duty to receive the certificates of candidacy referred to
herein as well as nominations of registered political parties or
coalition of such parties and to immediately acknowledge receipt
thereof: Provided, That in all cases the Commission may motu proprio or
upon a verified of a candidate or an interested party or registered
political party or coalition of political parties, refuse to give due
course to a certificate of candidacy if it is shown, after the person
who filed such certificate shall have been given the opportunity to be
heard, that said certificate has been presented and filed to cause
confusion among the voters by the similarity of the names of the
registered candidates, together with other circumstances which
demonstrate that the candidate has no bona fide intention to run for
the office for which the certificate of candidacy has been filed and
thus prevent a faithful determination of the true will of the
electorate: and Provided, finally, That no case shall be initiated
either motu proprio by the Commission or by verified petition after
April 2, 1984; and all cases duly initiated or filed shall be decided
by the Commission as expeditiously as possible.
ARTICLE VI
REGISTRATION, PREPARATION OF LISTS OF VOTERS AND VOTING CENTERS
Sec. 21. Registration, preparation of lists and
voting centers. — The registration, preparation of the list and the
procedures for the inclusion and exclusion of voters, and such other
matters in connection therewith shall be governed by Presidential
Decree No. 1896, dated January 11, 1984. The voting centers used for
purposes of the registration of voters under the said Decree shall be
used for the election on May 14, 1984, without prejudice to such
transfers, mergers or splitting of voting centers and establishment of
new ones as may be authorized by the Commission: Provided, however,
That no voting center shall be transferred, merged, split, created or
established within thirty days before May 14, 1984.
Each voting center shall as far as practicable comprise a unit of
contiguous and compact territory in every barangay. Not later than
March 17, 1984, the Commission shall, through its duly authorized
representative, post in the city hall or municipal building, the office
of the election registrar and as far as practicable in every barangay
hall a map of the city or municipality showing its division into
territorial units corresponding to each voting center with their
respective boundaries and indicating therein all streets and alleys in
populous areas and the location of each voting center. This map shall
be kept posted until after the election.
Each voting center shall be, as far as practicable at, ground level, of
sufficient size to comfortably accommodate forty voters at a time
outside the guard rail for the committee. It shall be located as far as
practicable along a public road at the center of the barangay. A public
school building, having the requirement prescribed herein, shall be
preferred for use as a voting center. If no public school building is
available, any other public building, a private school building, or any
other private building having the prescribed requirements may be used,
in that order of preference: Provided, however, That no voting center
shall be located in a building owned, leased, or occupied by any
candidate or of any person who is related to any candidate within the
third civil degree of consanguinity or affinity, or of any officer of
the government, including barangay officials, or of any officer or
leader of any political party: Provided, further, That no voting center
shall be located inside a military camp.
Sec. 22. Posting of list of candidates. — The
Commission shall post inside each polling booth above the writing board
and in some other conspicuous places in the voting center on the day
before the election a certified list containing the names of all the
candidates to be voted for, arranged in such a manner as shall not give
undue advantage to any candidate, and printed in bold and legible form,
and shall at all times during the voting period keep such list posted
in said places. It shall be unlawful for any person to deface, tear,
mutilate, destroy or remove such list.
Sec. 23. Transfer of voting centers due to
conditions of peace and order. — In case the Commission finds motu
proprio or upon verified petition if any candidate, registered
political party or coalition of political parties, or a majority of the
registered voters in the affected voting center, or of the citizens
election committee, and after due notice and hearing that the
conditions of peace and order in a locality where the voting center is
located or its immediate vicinity are not conducive to the free,
orderly and honest conduct of the election and the exercise by the
voters therein of their right of suffrage, or would expose them or
other election officials to danger to life and limb, it may order the
voting centers to be transferred to another venue within the same
locality, or if warranted, to the closest adjacent locality in the city
or municipality or another adjacent city or municipality: Provided,
That sufficient notice of such transfer shall be made to the voters,
candidates, political parties and coalition of political parties
affected.
ARTICLE VII
CITIZENS ELECTION COMMITTEE
Sec. 24. Composition and appointment of citizens
election committee. — The provisions of Presidential Decree No. 1896
providing for the composition and appointment of citizens election
committee shall be applicable for purposes of the election on May 14,
1984: Provided, however, That subparagraph one of the second paragraph
of Section 13 of Presidential Decree No. 1896 is hereby amended to read
as follows:
"(1) Capability of the political party or coalition
or aggroupment of political parties to wage a bona fide campaign in the
political subdivision or subdivisions concerned, as evidenced by its
organization, the number and quality of its candidates and the number
and quality of the parties in the coalition or aggroupment."
Sec. 25. Right to copy the list of the members of
the citizens election committees. — A registered political party,
coalition of political parties, candidate, or any civic, religious,
business, professional, service, youth or any similar organizations
duly authorized by the Commission to appoint watchers, or its or his
duly authorized representative shall have the right to copy the list of
the members of every citizens election committee in any constituency.
Any change in the composition or membership of every citizens election
committee shall be communicated to the former, Any violation of this
right shall constitute an election offense.
ARTICLE VIII
WATCHERS
Sec. 26. Official watchers of candidates. — Every
registered political party, coalition of political parties and every
independent candidate shall each be entitled to two watchers in every
voting center. However, only one of the two may serve at any given
time.
No person shall be appointed watcher unless he is a qualified voter of
the city or municipality, of good reputation and shall not have been
convicted by final judgment of any election offense or of any other
crime, must know how to read and write Pilipino, English, Spanish or
any of the prevailing local dialects, and not related within the fourth
civil degree of consanguinity or affinity to the chairman or any member
of the citizens election committee in the voting center where he seeks
appointment as a watcher.
Each candidate, political party or coalition of political parties shall
designate in every province, highly urbanized city or district in the
Metropolitan Manila are, a representative authorized to appoint
watchers, furnishing the Provincial Election Supervisor or the City
Election Registrar, as the case may be, the names of such
representatives. The Provincial Election Supervisors shall furnish the
Municipal Election Registrars and election registrars of component
cities with the list of such representatives.
In the case of Metropolitan Manila, the designations of the persons
authorized to appoint watchers shall be filed with the Commission on
Elections, which shall furnish the list of such representative to the
respective City and Municipal Election Registrars.
Sec. 27. Other Watchers. — Civic, religious,
professional, business, service, youth and any other similar
organizations, with prior authority of the Commission, shall be
entitled collectively to appoint two watchers, in every voting center:
Provided, however, That only one of the two may serve at any given
time.
Sec. 28. Rights and duties of watchers. — Upon
entering the voting center, the watchers shall present and deliver to
the chairman of the citizens election committee his appointment, and
forthwith, his name shall be recorded in the minutes. The appointment
of the watcher shall bear the personal signature or the facsimile
signature of the candidate or the duly authorized representative of the
political party of coalition of political parties who appointed him or
of organizations authorized by the Commission under Sec. 27. The
watchers shall have the right to stay in the space reserved for them
inside the voting center. They shall have the right to witness and
inform themselves of the proceedings of the citizens election
committee, including its proceedings during the registration of voters,
to take notes of what they may see or hear, to take photographs of the
proceedings and incidents, if any, during the counting of votes, as
well as of election returns, tally boards and ballot boxes, to file a
protest against any irregularity or violation of law which they believe
may have been committed by the committee or by any of its members or by
any persons, to obtain from the committee a certificate as to the
filing of such protest or of the resolution thereon, to read the
ballots after they shall have been read by the chairman, as well as the
election returns after they shall have been completed and signed by the
members of the committee without touching them, but they shall not
speak to any member of the committee, or to any voter, or among
themselves, in such a manner as would distract the proceedings, and to
be furnished with a certificate of the number of votes cast for each
candidate duly signed by all the members of the committee. Refusal of
the members of the committee to sign and furnish such certificate shall
constitute an election offense and shall be penalized under the 1978
Election Code.
ARTICLE IX
OFFICIAL BALLOTS AND ELECTION RETURNS
Sec. 29. Official ballots. — The official ballots
for the May 14, 1984 election shall be of uniform size and color and
shall be provided at public expense. They shall be printed on a special
paper with watermarks or other marks that will readily distinguish the
ballot paper from ordinary paper and will prevent its imitation.
Sec. 30. Emergency ballots. — The municipal
treasurer shall not undertake the preparation of emergency ballots,
unless the political parties, coalition of political parties,
candidates and the organizations collectively authorized by the
Commission to designate watchers have been sufficiently notified to
send their representatives.
Sec. 31. Distribution of official ballots and
election returns. — The official ballots and the election returns shall
be distributed by the Commission to each province with its component
cities, highly urbanized city and district in Metropolitan Manila at
the rate of one and one-half ballots for every voter registered in each
voting center; and for election returns, at the rate of one set each
for every voting center.
The provincial, city or municipal treasurer shall respectively keep a
record of the official ballots and election returns furnished the
various provinces with their component cities, highly urbanized cities,
districts and voting centers, as the case may be, copy of which record
shall be furnished the Commission immediately after the distribution is
made.
No official ballot or election return shall be delivered to the
citizens election committee earlier than the first hour of election
day: Provided, however, That the Commission, after notice to the
registered political parties or coalition of political parties, and the
candidates, may, for justifiable reasons, authorize the delivery of
official ballots and election returns to the committee of any
particular voting center at an earlier time.
Sec. 32. Committee on printing and distribution of
official ballots and election returns. — The Commission shall appoint a
committee of five members, two of whom shall be from among its
personnel, the third to be designated by the Commission on Audit, and
the last two to be designated by the political parties entitled to
appoint inspectors pursuant to Presidential Decree Nos. 1896 and 1898,
to act as its representatives in supervising the printing of official
ballots and election returns.
Upon the request of any candidate, political party or coalition of
political parties, or of civic, religious, professional, business,
service, youth, or any similar organizations collectively designated by
the Commission, the latter shall allow any person designated by any of
the former as watcher to observe the proceedings of the committee on
the printing of official ballots and election returns, file objections,
if any, witness the printing of the ballots and the returns and guard
the premises of the printer.
The ballots and election returns shall be printed by the Government
Printing Office, but should the Government Printing Office not have the
necessary facilities and materials and if for lack of time it cannot
meet the requirements of the Commission, the Commission may engage the
services of a reputable printer after hearing following due notice to
registered political parties, coalition of political parties and such
organizations are allowed watchers in the printing and distribution of
ballots and election returns. In no case shall the Government Printing
Office subcontract the printing of the ballots and the election
returns.
Sec. 33. Duties of the committee on printing of
official ballots and election returns. — Under such orders or
instructions as the Commission may issue, and in addition to general
supervision and control over the printing and shipment of official
ballots and election returns, the committee on printing of official
ballots and election returns shall (a) paraphernalia used in the
printing of official ballots and election returns are stored and where
printed official ballots and election returns are packed and prepared
for shipment, (b) supervise all aspects relating to the printing,
storage and shipment of official ballots and election returns and
report to the Commission any irregularity which they believe may have
been committed, and (c) perform such other related functions as the
Commission may direct.
Sec. 34. Representatives of candidates, registered
political parties or coalition of political parties in the verification
and distribution of official ballots and election returns. — Thirty
days before election day, candidates, registered political parties or
coalition of political parties or their respective duly authorized
representatives in the different provinces with their component cities,
highly urbanized cities and districts in the Metropolitan Manila area
shall submit the names of their respective watchers who, together with
the representative of the Commission and the provincial, city and
municipal treasurer, shall verify the contents of the boxes containing
the shipment of official ballots, election returns and sample official
ballots received by the said treasurers. The provincial treasurer shall
keep a record of their receipt and distribution to each municipal
treasurer, while the city and municipal treasurers shall each keep a
record of their distribution to the citizens election committees.
ARTICLE X
CASTING OF VOTES
Sec. 35. Voting hours. — The casting of votes
shall start at seven o'clock in the morning and shall end at four
o'clock in the afternoon, except when there are voters present within
thirty meters in front of the voting center who have not yet cast their
votes, in which case the voting shall continue but only to allow said
voters to cast their votes without interruption. The poll clerk shall,
without delay, prepare a complete list containing the names of said
voters consecutively numbered, and the voters shall be called to vote
in the order in which they are listed. Any voter in the list who is not
present when his name is called out shall not be permitted to vote.
Sec. 36. Persons allowed in and around the voting
center. — On election day, no person shall be allowed inside the voting
center, except the members of the election committee, the watchers, the
representatives of the Commission, the voters casting their votes, the
voters waiting for their turn to get inside the booth whose number
shall not exceed twice the number of booths and the voters waiting for
their turn to cast their votes whose numbers shall not exceed twenty at
any one time. The watchers shall stay only in the space reserved for
them.
It shall be unlawful for any officer or member of the Armed Forces of
the Philippines, including the Philippine Constabulary, or the
Integrated National Police or peace officer or any armed person
belonging to any extralegal police agency, special forces, reaction
forces, strike forces, home defense forces, barangay self-defense
units, barangay tanods, or other similar forces, or para-military
forces, including special guards, security agents, special policemen,
and all other kinds of armed or unarmed extralegal police officers or
personnel to enter any voting center, unless it is his voting center
where he will vote but in such case he should immediately leave the
voting center, and within a radius of fifty meters from such voting
center; and no policeman or peace officer shall be allowed to enter or
stay inside the voting center except when there is an actual
disturbance of the peace and order therein. However, the committee,
upon a majority vote, if it deem necessary, for the detail of a
policeman or any peace officer for their protection or for the
protection of the election documents and paraphernalia, in which case,
the said policeman or peace officer shall stay outside the voting
center within a radius of thirty meters near enough to be easily called
by the committee at any time, but never inside the voting center or at
the door thereof and in no case shall the said policeman or peace
officer hold any conversation with any voter or disturb or prevent or
in any manner obstruct the free access of the voters to the voting
center. It shall likewise be unlawful for any barangay official to
enter and stay inside any voting center except to vote, in which case,
he shall leave the voting center immediately after voting, except as
watcher, inspector, or when summoned by the committee upon a majority
vote for the same purpose as stated in this section.
Sec. 37. Thumbprinting on minutes of voting and
counting of votes. — Every member of the citizens election committee
shall likewise affix the imprint of the thumb of his right hand on the
minutes of voting and counting of votes.
Sec. 38. Rights of watchers to obtain copies of
the minutes of voting and counting. — The duly authorized watchers of
candidates, political parties or coalition of political parties and of
civic, religious, professional, business, youth, service or any other
similar organization collectively authorized by the Commission to
designate watchers shall have the right to obtain certified copies,
duly signed by all the members of the committee, of the minutes of
voting and counting. Denial of this right shall constitute an election
offense.
Sec. 39. Illiterate of disabled voters. — A
registered voter who is illiterate or physically unable to prepare the
ballot by himself may enlist the assistance of a relative within the
fourth degree of consanguinity or the poll clerk of the citizens
election committee or any public of private school teacher in the
preparation of his ballot. The person thus chosen shall, before being
allowed to assist the illiterate or disabled voter, bind himself in a
formal document under oath to fill out the ballot strictly in
accordance with the instructions of the voter and not to reveal the
contents of the ballot prepared by him. Thereafter, he shall accompany
the illiterate or disabled voter inside the voting booth and there
proceed to prepare the ballot for the latter. No person shall be
allowed to vote as an illiterate voter unless his voter's affidavit
shows that he had registered himself as such. Other than those herein
authorized, no government official or employee, elective or appointive,
including barangay tanods and members of barangay brigades, may be
allowed to assist illiterate or disabled voters to vote.
ARTICLE XI
COUNTING OF VOTES
Sec. 40. Rules for appreciation of ballots. — In
addition to the rules for the appreciation of the ballots provided
under Section 155 of the 1978 Election Code, the following rules shall
be included:
(1) Where only the first name of a candidate is
written on the ballot, which when read, has a sound similar to the
surname of another candidate, the vote shall be counted in favor of the
candidate with such surname. If there are two or more candidates with
the same full name, first name or surname and one of them is the
incumbent, and on the ballot is written only such full name, first name
or surname, the vote shall be counted in favor of the incumbent.
(2) In case the candidate is a woman who uses her
maiden or married surname or both and there is another candidate with
the same surname, a ballot bearing only such surname shall be counted
in favor of the candidate who is an incumbent.
(3) When two or more words are written on the same
line on the ballot, all of which are the surnames of two or more
candidates, the same shall not be counted for any of them, unless one
is a surname of an incumbent in which case it shall be counted in favor
of the latter.
The rules Section 140, 154, and 155 of the 1978 Election Code, as
amended, referring to block voting, including the requirement on the
printing of the names of candidates in the official ballot, shall not
be applicable in the election of the regular Batasang Pambansa on May
14, 1984.
Sec. 41. Election Returns. — The citizens election
committee shall prepare the statement of the count commonly known as
the election returns, simultaneously with the counting of the votes as
prescribed in Section 154 of the 1987 Election Code, as amended. The
statement shall be prepared in sextuplicate. Each vote read shall be
recorded by the poll clerk on the election returns by means of a
vertical line, and every fifth vote for the same candidate shall be
tallied with a diagonal line across the four vertical lines previously
tallied. The entry of votes in words and in figures in parenthesis for
each candidate shall be closed with the signature and the clear imprint
of the thumb of the right hand of all the members present, likewise to
be affixed in full view of the public immediately after the last
vertical line, or immediately after the name of the candidate who did
not receive any vote.
The statement shall also show the date of the election, the name of the
municipality and the number of the voting center in which it was held,
the total number of ballots found in the compartment for valid ballots,
the total number of ballots withdrawn from the compartment for spoiled
ballots because they were erroneously placed therein, the total number
of excess ballots, the total number of rejected ballots, and the total
number of votes polled by each candidate, writing out the said number
in words and figures, and, at the end of the statement, the committee
shall make a certificate signed by all its members present that the
contents are correct. The statement should be contained, if possible,
in a single sheet of paper, but, if this is not possible, each
additional sheet of every copy shall be prepared in the same manner as
the first sheet and likewise signed by all the members of the
committee.
The Commission shall take steps to ensure that the original copy of the
election returns is clearly reproduced in its entirely in one instance
on the second, third, fourth, fifth, and sixth copies thereof, and for
this purpose the Commission shall acquire, if necessary, a special kind
of carbon paper or chemically-treated paper.
Immediately upon the accomplishment of the election returns, each copy
thereof shall in the presence of the watchers and the public be placed
in the envelope especially designed for the purpose, and distributed as
provided herein.
Sec. 42. Disposition of election returns. — The
original of the election returns shall be delivered to the election
registrar of the city or municipality for transmittal to the Chairman
of the Provincial Board of Canvassers in the provinces, and direct to
the chairman of the city or district board of canvassers in the
urbanized cities and the district of Metropolitan Manila, as the case
may be, for use in the canvass. The second copy shall be deposited in
the compartment for valid ballots. The fourth copy shall be kept by the
election registrar for use in the tabulation of the advance results of
the election in the city or municipality. The fifth and sixth copies
shall each, respectively, be delivered to the members representing the
political parties represented in the citizens election committee.
Sec. 43. Preservation of the list of voters with
voting records. — The list of voters with the voting record of each
voting center shall be delivered to the election registrar who shall
have custody of the same, keeping them in a safe place, subject to the
instruction of the Commission.
ARTICLE XII
CANVASS AND PROCLAMATION
Sec. 44. Board of canvassers. — There shall be a
board of canvassers for each province, highly urbanized city and
district of Metropolitan Manila to be composed as follows:
(1) The Provincial Board of Canvassers shall be
composed of the Provincial Election Supervisor, as chairman, the
Provincial Fiscal, as vice-chairman, and the Provincial Superintendent
of Schools, and one representative from each of the ruling party and
the dominant opposition political party in the constituency concerned
entitled to be presented, as members.
(2) The City Board of Canvassers shall be composed of
the City Election Registrar or a lawyer of the Commission, as chairman,
and the City Fiscal and the City Superintendent of Schools, and one
representative from each of the ruling party and the dominant
opposition political party entitled to be represented, as members.
(3) The District Board of Canvassers in the case of
Metropolitan Manila shall be composed of a lawyer of the Commission, as
chairman, and a ranking fiscal in the district and the most senior
district school supervisor in the district to be appointed upon
consultation with the Ministry of Justice and the Ministry of
Education, Culture and Sports, respectively, and one representative
from each of the ruling party and the dominant opposition political
party in the constituency concerned, as members.
A majority of the members of the Board shall constitute a quorum for
the transaction of business.
In no case shall the chairman and the members of the provincial, city,
or district board of canvassers, as the case may be, be related within
the fourth civil degree of consanguinity or affinity to any of the
candidates in their respective jurisdiction.
In all three cases, the provisions of Presidential Decree No. 1896, as
amended, on the manner of determining the dominant opposition political
party in any particular constituency shall apply. For purposes of the
election herein provided for, the term "dominant opposition political
party" includes a coalition or aggroupment of opposition political
parties.
Sec. 45. Watchers. — Each candidate, political
party or coalition of political parties shall be entitled to appoint
watchers to be present at, and take note of, all the proceedings of the
Board of Canvassers. The watchers shall have the right to file a
protest in any case of irregularity.
Sec. 46. Manner of delivery and of transmittal of
election returns. — The copy of the election returns of a voting center
intended for the Board of Canvassers, duly placed inside a sealed
envelope signed and affixed with the imprint of the thumb of the right
hand of all the members of the committee, shall be personally delivered
by the members of the committee to the election registrar for
transmittal to the Board of Canvassers. The watchers of the political
parties, coalition of political parties and the candidates shall have
the right to accompany the members of the committee in making the
delivery.
The election registrar concerned shall place have all the returns
intended for the Board of Canvassers inside a ballot box provided with
three padlocks whose keys shall be kept as follows: one by the election
registrar, another by the representative of the ruling party, and the
third by the representative of the dominant political opposition
party.
For this purpose, the two political parties shall designate their
representatives, whose names shall be submitted to the election
registrar concerned on or before the tenth day preceding the election.
The three in possession of the keys shall personally transmit the
ballot box, properly locked, containing the election returns to the
Board of Canvassers. Watchers of political parties, coalition of
political parties, and of organizations collectively authorized by the
commission to designate watchers shall have the right to accompany
transmittal of the ballot boxes containing the election returns.
It shall be unlawful for any person to delay, obstruct, impede or
prevent through force, violence, coercion, intimidation or by any means
which vitiates consent, the transmittal of the election returns or to
take away, abscond with, destroy, deface or mutilate or substitute the
election returns or the envelope or the ballot box containing the
election returns or to violate the right of the watchers.
Sec. 47. Safekeeping of transmitted election
returns. — The Board of Canvassers shall keep the ballot boxes
containing the election returns in a safe and secure room before and
after the canvass. The door to the room must be padlocked by three
locks with the keys thereof kept as follows: one with the chairman, the
other with the representative of the ruling party, and the other with
the representative of the dominant opposition political party. The
watchers of candidates, political parties, coalition of political
parties an organizations collectively authorized by the Commission to
appoint watchers shall have the right to guard the room. Violation of
this right shall constitute an election offense.
Sec. 48. Canvass by the board. — The Board of
Canvassers shall meet not later than seven o'clock in the evening of
election day at the place designated by the Commission to canvass the
election returns that may have already been received. It shall meet
continuously from day to day until the canvass is completed, and may
adjourn but only for the purpose of awaiting the other election. Each
time the board adjourns, it shall make a total of all the votes
canvassed so far for each candidate affixing their signatures, and
thumbmarks after each total, furnishing the Commission in Manila by the
fastest means of communication a certified copy thereof, and making
available the data contained therein to the mass media and other
interested parties. As soon as the other election returns as delivered
the board shall immediately resume canvassing until the returns have
been canvassed.
The respective Board of Canvassers shall prepare a certificate of
canvass, duly signed and affixed with the imprint of the thumb of the
right hand of each member, supported by a statement of the votes
received by each candidate in each voting center and on the basis
thereof, shall proclaim as elected the candidates who obtained the
highest number of votes.
Sec. 49. Persons not allowed inside the canvassing
room. — It shall be unlawful for any officer or member of the Armed
Forces of the Philippines, including the Philippine Constabulary, or
the Integrated National Police or any peace officer or any armed or
unarmed persons belonging to an extra-legal police agency, special
forces, reaction forces, strike forces, home defense forces, barangay
self-defense units, barangay tanods, except those designated as members
of the Board or as watchers, or of any member of the security or the
police organizations of government ministries, commissions, councils,
bureaus, offices, instrumentalities, or government-owned or controlled
corporations or their subsidiaries or of any member of a
privately-owned or operated security, investigative, protective or
intelligence agency performing identical or similar functions to enter
the room where the canvassing of the election returns are held by the
Board of Canvassers and within a radius of fifty meters from such room:
Provided, however, That the committee, by a majority vote, if it deems
necessary, may make a call in writing for the detail of policemen or
any peace officers for their protection or for the protection of the
election documents and paraphernalia in the possession of the board, or
for the maintenance of peace and order, in which case said policemen of
peace officer, who shall be in proper uniform, shall stay outside the
room within a radius of thirty meters near enough to be easily called
by the board at any time.
ARTICLE XIII
PRE-PROCLAMATION CONTROVERSY
Sec. 50. Definition. — Pre-proclamation
controversy refers to any question pertaining to or affecting the
proceedings of the Board of Canvassers which may be raised by any
candidate, political party or coalition of political parties before the
board or directly with the Commission.
The Commission on Election shall be the sole judge and shall have
exclusive jurisdiction over all pre-proclamation controversies.
The Commission is hereby vested with exclusive authority to hear and
decide petitions for certiorari, prohibition and mandamus involving
election cases.
Sec. 51. Issues that may be raised in
pre-proclamation controversy. — The following shall be proper issues
that may be raised in a pre-proclamation controversy:
(a) Illegal composition or proceedings of the Board
of Canvassers;
(b) Canvassed election returns are incomplete,
contain material defects, appear to be tampered with or falsified, of
contain discrepancies in the same returns or other authentic copies
thereof;
(c) When the election returns were prepared under
duress, threats, coercion, or intimidation, or are obviously
manufactured, or not authentic;
(d) When substitute, fictitious or illegal voters,
constituting a majority of the registered voters in the voting center,
were able to vote; or
(e) Other matters related to or in connection with
the canvass of election returns or proclamation of any candidate.
Sec. 52. Issues not proper in pre-proclamation
controversy. — The following are not proper issues that may be raised
in a pre-proclamation controversy;
(a) Frauds, terrorism, irregularities or illegal acts
committed before or during the casting and counting of votes, except as
provided in paragraph (b), (c) and (d) of the preceding section;
(b) Disqualification of candidates under any existing
laws; or
(c) Any other matter not related to or not in
connection with the canvass of election returns or proclamation of any
candidate, or issues that properly pertain to an election protest or
quo warranto proceedings.
Sec. 53. Contested composition or proceedings of
the board. — When the composition or proceedings of the board is
contested, it shall immediately make a ruling thereon with notice to
the party contesting who, if adversely affected, may after the matter
to the Commission within five days after the ruling, with proper notice
to the board. The Commission, after due notice and hearing, shall
decide the case within ten days from the filing of the case. During the
pendency of the case, the board shall suspend the canvass unless the
Commission orders the continuation or resumption thereof.
Sec. 54. Contested election returns. — Any
candidate, political party or coalition of political parties,
contesting the exclusion or inclusion in the canvass of any election
returns shall submit their written objections to the Chairman of the
Board of Canvassers. The board shall defer the canvass of the contested
returns and shall not make any ruling thereon until after all the
uncontested election returns have been canvassed. The board shall not
proclaim any winning candidate unless authorized by the Commission, and
any proclamation made in violation hereof shall be void ab initio.
The ruling of the board may be elevated to the Commission by the party
adversely affected, by filing a verified petition within five days from
notice thereof. After due notice and hearing, the Commission shall
decide the case within ten days after the case has been submitted for
resolution.
Sec. 55. Summary proceedings before the
Commission. — All pre-proclamation controversies shall be heard
summarily by the Commission after notice and hearing, and its decisions
shall be immediately executory unless restrained by the Supreme
Court.
Sec. 56. Partial proclamation. — Notwithstanding
the pendency of any pre-proclamation controversy, the Commission may
motu proprio, or upon the filing of a verified petition and after due
notice and hearing, order the proclamation of any winning candidate
whose election will not be affected by the outcome of the controversy.
Sec. 57. Effect of filing petition to annul or to
suspend the proclamation. — The filing with the Commission of a
petition to annul or to suspend the proclamation of any candidate shall
suspend the running of the period within which to file an election
protest or quo warranto proceedings.
ARTICLE XIV
ELECTION CONTESTS
Sec. 58. Jurisdiction of the Commission. — The
Commission shall be the sole judge of all contests relating to the
election, returns, selection or appointment, and qualifications of all
Members of the Batasang Pambansa.
Sec. 59. Election contests for Batasang Pambansa.
— A sworn petition contesting the election, selection or appointment of
any Member of the Batasang Pambansa shall be filed with the Commission
by any candidate who has duly filed a valid and subsisting certificate
of candidacy for the same office, or in case of sectoral
representatives, by any other aspirant for nomination to the office,
within ten days after the proclamation of the results of the election
or the issuance of the appointment, as the case may be.
Sec. 60. Petition for quo warranto. — Any voter
contesting the election, selection or appointment of any Member of the
Batasang Pambansa on the ground of ineligibility or of disloyalty to
the Republic of the Philippines shall file a sworn petition for quo
warranto with the Commission within ten days after the proclamation of
the results of the election.
Sec. 61. Suspension of period. — The filing of a
pre-proclamation petition shall suspend the running of the ten-day
period mentioned in Sec. 60 hereof.
Sec. 62. Procedure in election contests. — The
Commission shall prescribed the rules to govern the procedure and other
matters relating to election contests pertaining to the Members of the
Batasang Pambansa. Such rules shall provide a simple and inexpensive
procedure for the expeditious disposition of election contests.
Sec. 63. Decision by the Commission. — The
Commission shall decide all election contests within ninety days from
the date of their submission for decision. The decision of the
Commission shall become final ten days after promulgation, unless a
motion for reconsideration shall have been filed. Motions for
reconsideration shall be resolved within thirty days from its filing.
ARTICLE XV
ELECTION OFFENSES
Sec. 64. Prohibited acts. — In addition to the
prohibited acts provided in the 1978 Election Code, or declared
unlawful or as an election offense in the preceding articles of this
Act, the following shall be guilty of an election offense:
(a) Wearing of uniform and bearing arms by military
units. — During the campaign period, on the day before, on election
day, and ending thirty days thereafter, any members of the Armed Forces
of the Philippines, Special Forces, Home Defense Forces, Barangay
Self-Defense Unit and all other para-military units that now exist or
which may hereafter be organized who wears his uniform or bears arms
outside the camp, garrison or barracks to which he is assigned or
detailed or outside his home, in case of members of Home Defense
Forces, Barangay Self-Defense Units, and other para-military units,
unless (1) the President of the Philippines shall have given previous
authority therefor, and the Commission notified thereof in writing, or
(2) the Commission authorizes him to do so, which authority it shall
give only when necessary to assist it in maintaining free, orderly and
honest elections, and only after notice and hearing. All personnel of
the Armed Forces authorized by the President or the Commission to bear
arms or wear their uniforms outside their camps and all police and
peace officers shall bear their true name, rank and serial number, if
any, stitched in block letters on a white background on the left breast
of their uniform, in letters and numbers of a clearly legible design at
least two centimeters tall, which shall at all times remain visible and
uncovered.
During the election period, whenever the Commission finds it necessary
for the promotion of free, honest, orderly and peaceful elections in a
specific area, it shall confiscate or order the confiscation of
firearms of any member or members of the Armed Forces of the
Philippines, Police Forces, Special Forces, Home Defense Forces,
Barangay Self-Defense Units, and all other para-military units that now
exist or may hereafter be organized, or of any member or members of the
security or police organization of government ministries, commissions,
councils, bureaus, offices, instrumentalities, or government-owned or
controlled corporations and their subsidiaries, or of any member or
members of privately-owned or operated security, investigative,
protective or intelligence agencies performing identical or similar
functions.
(b) Organization or maintenance of reaction forces,
strike forces, or other similar forces. — Any person who organizes or
maintains or joins a reaction force, strike force or similar force
during the election period.
The heads of all reaction forces, strike forces, or similar forces
shall, not later than forty-five days before the election, submit to
the Commission a complete list of all members thereof with such
particulars as the Commission may require.
(c) Prohibition against release, disbursement or
expenditure of public funds. — Any public official or employee
including barangay officials and those of government-owned or
controlled corporations and their subsidiaries, who, during forty-five
days before the election day on May 14, 1984, releases, disburses or
expends any public funds for;
(1) And any all kinds of public works, except the
following:
(aa) Maintenance of existing and/or completed public
works projects: Provided, That not more than the average number of
laborers or employees already employed therein during the six-month
period immediately prior to the beginning of the forty-five day period
before election day shall be permitted to work during such time:
Provided, further, That no additional laborers shall be employed for
maintenance work within the said period of forty-five days;
(bb) Work undertaken by contract through public
bidding held, or by negotiated contract awarded, before the forty-five
day period before election: Provided, That work for the purpose of this
section undertaken under the so-called "takay" or "paquiao" system
shall not be considered as work contact;
(cc) Payment for the usual cost of preparation of
working drawings, specifications, bills of materials, estimates and
other procedures preparatory to actual constitution including the
purchase of materials and equipment, and all incidental expenses for
wages of watchmen and other laborers employed for such work in the
central office and field storehouse before the beginning of such
period: Provided, That the number of such laborers shall not be
increased over the number hired when the project or projects were
commenced; and
(dd) Emergency work necessitated by the occurrence of
a public calamity, but such work shall be limited to the restoration of
the damaged facility.
No payment shall be made within five days before the date of election
to laborers who have rendered services in projects or work except those
falling under subparagraphs (aa), (bb), (cc), and (dd) of this
paragraph.
This prohibition shall not apply to on-going public works projects
commenced before the campaign period or similar projects under foreign
agreements. For purposes of this provisions, it shall be the duty of
the government officials or agencies concerned to report to the
Commission the list of all such projects being undertaken by them.
(2) The Ministry of Social Services and Development
and any other office in any other ministry of the Government performing
functions similar to said Ministry, except for salaries of personnel,
and for such other routine and normal expenses, and for such other
expenses as the Commission may authorized, after due notice and
hearing. Should a calamity or disaster occur, all releases normally or
usually coursed through the said ministries and offices shall be turned
over to, and administered and disbursed by, the Philippine National Red
Cross, subject to the supervision of the Commission on Audit or its
representatives, and no candidate or his or her spouse or member of his
or her family within the second degree of consanguinity or affinity
shall participate, directly or indirectly, in the distribution of any
relief of other goods to the victims of the calamity of disaster; and
(3) The Ministry of human Settlements and any office
in any other ministry of the Government performing function similar to
said ministry, except for salaries of personnel and for such other
necessary administrative or other expenses as the Commission may
authorize after due notice and hearing.
(d) Prohibition against construction of public works,
delivery of materials for public works and issuance of treasury
warrants and similar devices. — During the period of forty-five days
preceding the election of May 14, 1984, any person who (a) undertakes
the construction of any public works, except for projects or works
exempted in the preceding section; or (b) issues, uses or avails of
treasury warrants or any device undertaking future delivery of money,
goods or other things of value chargeable against public funds; or (c)
who thereafter receives any payment for the prohibited construction.
(e) Suspension of elective provincial, city,
municipal or barangay officer. — During the election period, any public
official who suspends, without prior approval of the Commission, any
elective provincial, city, municipal, or barangay official, unless said
suspension will be for purposes of applying the "Anti-Graft and Corrupt
Practices Act" in relation to the suspension and removal of elective
officials, in which case the provision of this section shall be
inapplicable.
Sec. 65. Increased penalty for specific election
offenses. — For purposes of the May 14, 1984 election, the penalty for
the crimes defined in the following paragraphs of Section 178 of the
1978 Election Code, Presidential Decree No. 1296;
(a) Vote buying and vote selling;
(e) Threats, terrorism, use of fraudulent device and
other forms of coercion; and
(m) Use of armored land, water or air craft; is
hereby increased to prision mayor, or six years and one day to twelve
years, with perpetual disqualification to hold public office or
exercise the right of suffrage; Provided, That if the commission of the
crime should result in the death of any person, the penalty shall be
reclusion perpetua to death.
If the offender is a public official or employee, he shall forfeit all
benefits, gratuities or pensions due him from the government by reason
of his service.
Sec. 66. Prosecution. — The Commission shall have
the exclusive power to investigate or prosecute all election offenses
punishable under this Act or other election laws. For this purpose, the
Commission may avail of the assistance of, and authorize other agencies
of the government: Provided, however, That in the event that the
Commission fails to act on any compliant within six months from its
filing, the complaint may file the complaint with the office of the
fiscal or with the Ministry of Justice for proper investigation and
prosecution, if warranted.
Sec. 67. Offenses committed during and in
connection with the election campaign. — No person shall be arrested
and/or detained at any time for any alleged offense committed during
and in connection with the election of Members of the Batasang Pambansa
on May 14, 1984 through any act or language tending to support or
oppose any candidate, political party, or coalition of political
parties, under or pursuant to any order or whatever name or nature and
by whatsoever issued, except only upon a warrant of arrest issued by a
competent judge after all the requirement of the Constitution shall
have been strictly complied with.
If the offense charged is punishable under a presidential decree,
whether originally or by amendment of a previous law, the death penalty
shall not be imposed upon the offender except where murder, rape, or
arson is involved. In all cases, the penalty shall not be higher than
reclusion perpetua, and the offender shall be entitled to reasonable
bail and sufficient sureties to be granted speedily by the competent
court. Moreover, loss of the rightly or citizenship confiscation of
property shall not be imposed.
Any officer or person who shall violate any provision of this section
shall be punishable by imprisonment of not less than six years and one
day nor more than twelve years, with the accessory penalties for
election offenses. The provisions of section 66 of this Act shall not
apply to prosecutions under this section.
ARTICLE XVI
TRANSITORY PROVISIONS
Sec. 68. Pending actions. — Actions arising or
already pending before the effectivity of this Act shall be governed by
the laws then in force.
Sec. 69. Reorganization of the Commission on
Elections. — In order to promote maximum efficiency in carrying out its
constitutional duty to insure free, orderly and honest elections and in
discharging its judicial powers and functions under the Constitution,
the Commission is hereby authorized, for purposes of the May 14, 1984
election, to reorganize its offices, divisions or units, redistribute
functions and reassign personnel, change designations of existing
positions subject to pertinent existing laws and salaries of its
subordinate officials and employees subject to the laws and regulations
on civil service and compensation, position classification and
standardization of salaries: Provided, That no permanent official or
employee already in the service of the Commission, upon approval of
this Act, shall be laid off or demoted in rank or salary: Provided,
further, That there shall be no transfer of provincial election
supervisors, election registrars, and other employees of the Commission
on Elections from one station to another within thirty days before the
election, except for cause and after due notice and hearing.
Sec. 70. Appropriations. — The costs of holding
the election of Members of the Batasang Pambansa shall be funded out of
the current appropriations of the Commission on Elections, provided for
this purpose. In case of deficiency, the funds so provided for this
purpose may be augmented from the Special Activities Fund intended for
special priority activities authorized in the current General
Appropriations Act.
ARTICLE XVII
FINAL PROVISIONS
Sec. 71. Separability clause. — If for any reason
any section of provision of this Act, or any portion thereof, or the
application of such section, provision or portion is declared invalid
or unconstitutional, the remainder thereof shall not be effected by
such declaration.
Sec. 72. Applicability of Election Code of 1978
and other statutes. — All provisions of the Election Code of 1978 and
other electoral statutes not inconsistent with the provisions of this
Act shall apply to the election herein provided for.
Sec. 73. Repealing clause. — All laws or parts or
laws inconsistent herewith are hereby deemed repealed or modified
accordingly.
Sec. 74. Effectivity of this Act. — This Act takes
effect upon its approval.
Approved: March 14, 1984.
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