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Batas Pambansa Bilang 126
AN
ACT PROVIDING FOR THE ACCREDITATION OF POLITICAL PARTIES OR GROUPS AND
DEFINING CERTAIN RIGHTS OR PRIVILEGES THEREOF, AND FOR OTHER PURPOSES.
chan
robles
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BATAS
PAMBANSA BILANG 126AN
ACT PROVIDING FOR THE ACCREDITATION OF POLITICAL PARTIES OR GROUPS AND
DEFINING CERTAIN RIGHTS OR PRIVILEGES THEREOF, AND FOR OTHER PURPOSES.chan
robles
virtual law library
chanrobles virtual law librarySection
1. Accreditation of political
parties or groups. — For purposes of the election herein provided, only
two political parties or groups shall be accredited in accordance with
the following rules: chanrobles virtual law library
The
Commission on Elections shall determine motu proprio or upon
sworn
petition by any political party or group, after due notice and hearing,
which of the political parties or groups presenting or supporting a
candidate
shall be granted accreditation, taking into consideration the number of
members of said political party or group in the Batasang Pambansa, the
record of performance in past elections, plebiscites or referendums,
bailiwicks
of support, capability to wage a national campaign, the platforms or
programs
of government, and other similar and relevant factors. The sworn
petition
of a political party or group as herein provided shall contain
statements
relevant to the standards of accreditation established in this
paragraph
and such other information as may be required by the Commission on
Elections.
The
Commission on Elections shall decide any petition for accreditation
within
three days from the submission of the case for resolution.
Political
parties with national or regional constituencies, and/or other groups
or
organizations may enter into alliances or coalitions for the purpose of
presenting or supporting a common candidate for President.chanrobles virtual law library
In
case the two accredited political parties or groups entitled to
representatives
in the Citizens Election Committee or the Board of Canvassers shall be
supporting or nominating a common candidate, the two accredited
political
parties shall be entitled to only one representative. The Commission on
Elections in such case shall grant the right to appoint the other
representative
to the political party or group nominating the opponent or in case of
several
opponents such right shall be given to the party or group pursuant to
the
guidelines provided for in this section.
The
accreditation herein granted shall be without prejudice to the right of
any political party or group to present and support a candidate for
President. chanrobles virtual law library
Sec.
2. Representation of parties
or groups in the Citizens Election Committee. — The appointment of the
member of the Citizens Election Committee and his substitute shall be
proposed
by the two political parties or groups duly accredited by the
Commission
on Elections in accordance with the preceding section.chanrobles virtual law library
Sec.
3. Defining other rights or privileges
of accredited political parties or groups. — (1) Party vote. — If the
voter
writes on the ballot the name of the accredited political party or
group
instead of the name of its official candidate, the vote shall, any
provision
of law to the contrary notwithstanding, be counted in favor of the
official
candidate of such accredited political party or group.chanrobles virtual law library
(2) Extension
of time for party nomination. — If on account of lack of material time
or due to any excusable delay, the Commission on Elections is unable to
decide any petition or application for accreditation on or before April
28, 1981, in accordance with Section 1 hereof; or if the accredited
political
party or group fails to hold on or before April 28, 1981, the party
convention,
caucus, consensus or meeting to choose its official candidate, the
political
party or group concerned and thereafter accredited shall be granted an
extension of time up to and including but not later than May 16, 1981,
within which to submit to the Commission on Elections the certificate
of
nomination of its official candidate.
If,
notwithstanding the extension of time granted it in the preceding
paragraph,
the accredited political party or group fails to nominate its
candidate,
said party shall lose its accreditation, and the Commission on
Elections
shall forthwith determine which of the other political parties or
groups
with an official nominee shall be entitled to accreditation under the
same
standards provided in Section 1 hereof.
The
candidate or candidates nominated in accordance with this section may
file
his certificate of candidacy on or before May 16, 1981.
(3) Right
of accredited party or group or candidate to contest election. — A
sworn
petition contesting the election of a President shall be filed with the
Batasang Pambansa within thirty days after the proclamation of the
results
of the election by any accredited political part or group or by any
candidate
voted for.chanrobles virtual law library
Sec.
4. Manner and date of proposing
appointments of party representatives in the Citizens Election
Committees
and Boards of Canvassers. — (1) The political party or group entitled
to
be represented in the Citizens Election Committees shall, through its
duly
authorized officials, designate its representative in each province and
city who shall have the authority to submit in writing not later than
May
21, 1981, the names and addresses of persons whom they propose to be
appointed
as members of the Citizens Election Committees. If said political party
or group fails to propose the names of the persons to be appointed as
members
of the Citizens Election Committees, the Commission on Elections shall,
at its discretion, choose said members and their substitutes.chanrobles virtual law library
(2) The
two political parties or groups granted accreditation under Section 1
hereof
shall be entitled to representation in the Provincial and City Boards
of
Canvassers. The political parties or groups referred to herein shall
submit
to the Commission on Elections not later than May 27, 1981, the names
of
their respective representatives in the Boards of Canvassers. chanrobles virtual law library
Sec.
5. Relief and substitution of
party or group representatives. — Any member of the Citizens Election
Committee
or Board of Canvassers as well as his substitute, proposed by a
political
party or group may at any time be relieved from office and substituted
with another having the legal qualifications upon petition of the
authorized
representative of the political party or group upon whose nomination
the
appointment was made, and it shall be unlawful to prevent said person
from,
or disturb him in, the performance of the duties of the said office. A
record of each case of substitution shall be made, setting forth
therein
the hour in which the replaced member ceased in office and the status
of
the work of the Citizens Election Committee or Board of Canvassers.
Said
record shall be signed by each member of the Citizens Election
Committee
or the Board of Canvassers as the case may be.chanrobles virtual law library
Sec.
6. Qualifications of members
of the Citizens Election Committee or of the Board of Canvassers
nominated
by political party or group. — No person shall be appointed or shall
sit
as member of the Citizens Election Committee or of the Board of
Canvassers,
or a substitute member thereof, upon nomination of a political party or
group, unless he is a qualified voter of the municipality or city in
the
case of member of the Citizens Election Committee, and of the city or
province
in the case of member of the Board of Canvassers, of good reputation,
shall
not have been convicted of any election offense or of any other crime
or
shall have pending against him an information for any election offense,
and must know how to read and write.chanrobles virtual law library
Sec.
7. Rules and regulations. — The
Commission on Elections shall promulgate rules and regulations to
implement
this Act.
Sec.
8. Separability clause. — If
for any reason any section or provision of this Act or any portion
thereof,
or the application of such section, provision or portion to any person,
group or circumstance, is declared invalid or unconstitutional, the
remainder
of the Act or the application of such provision to other persons,
groups
or circumstances shall not be affected by such declaration.
Sec.
9. Effectivity and applicability.
— This Act shall take effect upon its approval and shall be applicable
only to the presidential election of 1981. In case of conflict or
inconsistency
with other laws, decrees, orders, rules and regulations or parts
thereof,
the provisions of this Act shall prevail and govern. In all matters not
herein provided for, the pertinent provisions of the 1978 Election Code
and rules and regulations promulgated thereunder not inconsistent with
this Act shall govern.chanrobles virtual law library
Approved:
April 28, 1981
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