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Batas Pambansa Bilang 643
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 IN ITS SIXTH REGULAR SESSION, CALLING A PLEBISCITE FOR THIS
PURPOSE,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES.
chan
robles
virtual law library
BATAS
PAMBANSA BILANG 643AN
ACT TO SUBMIT TO THE FILIPINO PEOPLE FOR RATIFICATION OR REJECTION THE
AMENDMENTS TO THE CONSTITUTION OF THE PHILIPPINES PROPOSED BY THE
BATASANG
PAMBANSA IN ITS SIXTH REGULAR SESSION, CALLING A PLEBISCITE FOR THIS
PURPOSE,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES.chan
robles
virtual law library
chan
robles virtual law librarySection
1. A plebiscite shall be
held on January 27, 1984, pursuant to Article XVI, Sections 1(1) and 2
of the Constitution, for the submission to the people of amendments to
the Constitution of the Philippines proposed by the Batasang Pambansa
during
its Sixth Regular Session.chanrobles virtual law library
Sec.
2. The said amendments
shall be published at least once, in at least three newspapers of
nationwide
circulation and once in at least one newspaper of provincial
circulation
in every province to be determined by raffle, the last publication to
be
made not later than January 7, 1984. Printed copies of the amendments
shall
be posted in a conspicuous place in every provincial capitol,
municipal,
city and barangay hall or building not later than January 7, 1984.
Sufficient
copies of the proposed amendments shall be furnished each voting center
to be available for the qualified voters to read and study on the day
of
the plebiscite. Copies thereof in the principal dialects shall also be
printed and distributed to the electorate. The Commission on Elections
is hereby empowered to promulgate rules and regulations to assure
widest
dissemination through the print and broadcast media and other means of
information on the proposed amendments and questions herein prescribed
for submission to the electorate. chanrobles virtual law library
Sec.
3. The official ballots
to be used in the plebiscite shall be printed in English and, in
appropriate
cases, in Arabic in accordance with the provisions of the Election
Code,
of 1973, in a form to be prescribed by the Commission on Elections
which
shall include the questions and particulars hereunder stated to be
printed
in clearly readable type: chanrobles virtual law library
OFFICIAL
BALLOT
The
Batasang Pambansa, in Resolutions Numbered 104, 105, 110, 111 and 112
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 proposed
amendments,
write the word "Yes" or its equivalent in the blank space provided for
the purpose. A check mark shall not be considered as such
equivalent. chanrobles virtual law library
To
vote for the rejection thereof, write the word "No" or its equivalent
in
the blank space provided for the purpose. A cross or "x" mark shall not
be considered as such equivalent.
QUESTION
NO. 1
Do
you vote for the approval of amendments to the Constitution proposed by
the Batasang Pambansa in Resolution Numbered 104 and 112 which, in
substance,
provides as follows:
1. The
Members of the Batasang Pambansa shall be elected by the different
provinces
with their component cities, by highly urbanized cities, and by the
districts
of Metropolitan Manila, instead of by the various regions. Each
province,
highly urbanized city and district of Metropolitan Manila shall be
entitled
to at least one Member. The total number of Members of each province
and
city shall at least be the same as under the 1935 Constitution. chanrobles virtual law library
2. The
Members of the Batasang Pambansa to be elected by the different
provinces
with their component cities, highly urbanized cities, and the districts
of Metropolitan Manila shall be apportioned, unless otherwise provided
by law, as follows:
National
Capital Region: Manila, 6; Quezon City, 4; Caloocan, 2; Pasay, 1; Pasig
and Marikina, 2; Las Piñas and Parañaque, 1; Makati, 1;
Malabon,
Navotas and Valenzuela, 2; San Juan and Mandaluyong, 1; Taguig, Pateros
and Muntinglupa, 1.
Region
I: Abra, 1; Benguet, 1; Ilocos Norte with Laoag City, 2; Ilocos Sur, 2;
La Union, 2; Mountain Province, 1; Pangasinan with the cities of
Dagupan
and San Carlos, 6; Baguio City, 1; chanrobles virtual law library
Region
II: Batanes, 1; Cagayan, 3; Ifugao, 1; Isabela, 3; Kalinga-Apayao, 1;
Nueva
Vizcaya, 1; Quirino, 1;
Region
III: Bataan, 1; Bulacan, 4; Nueva Ecija with the cities of Cabanatuan,
Palayan and San Jose, 4; Pampanga with Angeles City, 4; Tarlac, 2;
Zambales,
1; Olongapo City, 1;
Region
IV: Aurora, 1; Batangas with the cities of Batangas and Lipa, 4; Cavite
with the cities of Cavite, Tagaytay and Trece Martires, 3; Laguna with
the San Pablo City, 4; Marinduque, 1; Occidental Mindoro, 1; Oriental
Mindoro,
2; Palawan with Puerto Princesa City, 1; Quezon with Lucena City, 4;
Rizal,
2; Romblon, 1;
Region
V: Albay with Legaspi City, 3; Camarines Norte, 1; Camarines Sur with
the
cities of Iriga and Naga, 4; Catanduanes, 1; Masbate, 2; Sorsogon,
2; chanrobles virtual law library
Region
VI: Aklan, 1; Antique, 1; Capiz with Roxas City, 2; Iloilo with Iloilo
City, 5; Negros Occidental with the cities of Bacolod, Bago, Cadiz, La
Carlota, San Carlos and Silay, 7;
Region
VII: Bicol with Tagbilaran City, 3; Cebu with the cities of Danao,
Lapu-Lapu,
Mandaue and Toledo, 6; Negros Oriental with the cities of Bais, Canlaon
and Dumaguete, 3; Siquijor, 1; Cebu City, 2;
Region
VIII: Leyte with the cities of Ormoc and Tacloban 5; Southern Leyte, 1;
Eastern Samar, 1; Northern Samar, 1; Samar with Calbayog City, 2;
Region
IX: Basilan, 1; Sulu, 1; Tawi-Tawi, 1; Zamboanga del Norte with the
cities
of Dapitan and Dipolog, 2; Zamboanga del Sur with Pagadian City, 3;
Zamboanga
City, 1; chanrobles virtual law library
Region
X: Agusan del Norte with Butuan City, 1; Agusan del Sur, 1; Bukidnon,
2;
Camiguin, 1; Misamis Occidental with the cities of Oroquieta, Ozamis
and
Tangub, 1; Misamis Oriental with Gingoog City, 2; Surigao del Norte
with
Surigao City, 1; Cagayan de Oro City, 1;
Region
XI: Surigao del Sur, 1; Davao del Norte 3; Davao Oriental, 1; Davao del
Sur, 2; South Cotabato with General Santos City, 3; Davao City, 2; chanrobles virtual law library
Region
XII: Lanao del Norte, 1; Lanao del Sur with Marawi City, 2; Maguindanao
with Cotabato City, 2; North Cotabato, 2; Sultan Kudarat, 1; Iligan
City,
1.
Any
province that may hereafter be created or any component city that may
hereafter
be declared by or pursuant to law as a highly urbanized city, shall be
entitled in the immediately following election to at least one Member
or
such number of Members as it may be entitled to on the basis of the
number
of its inhabitants and on the same uniform and progressive ratio used
in
the last preceding apportionment. The number of Members apportioned to
the province out of which the new province was created or where the new
highly urbanized city is geographically located shall be
correspondingly
adjusted by the Commission on Elections but such adjustment shall not
be
made within one hundred twenty days before the election. chanrobles virtual law library
3. The
foregoing appointment shall be appended as an Ordinance to the
Constitution.
4. The
residence requirements in the political subdivision in which a Member
of
the Batasang Pambansa will be elected is reduced from one year to six
months
immediately preceding the day of the election.
QUESTION
NO. 2
Do
you vote for the approval of amendments to the Constitution as proposed
by the Batasang Pambansa in Resolution Numbered 110 which, in
substance,
provide for a different mode of presidential succession with the
following
salient features: chanrobles virtual law library
1. Abolition
of the Executive Committee and Creation of the Office of the
Vice-President.
(1) The
Executive Committee provided in Section 3, Article IX of the
Constitution
is abolished. chanrobles virtual law library
(2) The
Office of the Vice-President is created. The Vice-President shall have
the same qualifications and term of office and may be removed from
office
in the same manner as the President. He may be appointed as a member of
the Cabinet and he may be nominated and elected as Prime Minister. He
shall
be elected with and in the same manner as the President. A vote for the
President shall also be a vote for the Vice-President running under the
same ticket of a political party, unless otherwise provided by law. The
age qualification for President and Vice-President is reduced to 40
years
old.
2. Presidential
succession before the election of 1987
(1) In
case a vacancy in the Office of President occurs before the
presidential
election of 1987, the Speaker of the Batasang Pambansa shall act as
President
until a President and a Vice-President or either of them shall have
been
elected and shall have qualified.
(2) The
Batasang Pambansa shall, at ten o'clock in the morning of the third day
after the vacancy occurs, convene in accordance with its Rules without
need of a call and within seven days enact a law calling for a special
election for President and Vice-President to be held not earlier than
forty-five
days and not later than sixty days from the time of such call. The
convening
of the Batasang Pambansa cannot be suspended nor the special election
postponed.
No special election shall be called if the vacancy occurs within
seventy
days before the date of the presidential election of 1987. chanrobles virtual law library
(3) The
tenure of office of the President and Vice-President elected in the
special
election shall commence at noon of the tenth day following their
proclamation,
and shall end at noon on the thirtieth day of June of the sixth year
thereafter.
3. Limitations
on the powers of the Speaker acting as President.
(1) The
Acting President may not declare martial law or suspend the privilege
of
the writ of habeas corpus without the prior consent of at least a
majority
of all the Members of the Batasang Pambansa.chanrobles virtual law library
(2) He
may not issue any decree, order or letter of instruction while the
lawmaking
power of the President is in force.
(3) He
shall be deemed automatically on leave and the Speaker Pro-Tempore
shall
act as Speaker. While acting as President, the Speaker may not be
removed.
(4) He
shall not be eligible for election in the immediately succeeding
election
for President and Vice-President.
(5) Appointments
extended by the Acting President shall remain effective unless revoked
by the newly elected President within ninety days from his assumption
of
office. chanrobles virtual law library
4. Presidential
succession after the election of 1987
(1) If
at the time fixed for the beginning of his term, the President-elect
shall
have died, the Vice-President elect shall become President. If a
President
shall not have been chosen before the time fixed for the beginning of
his
term, or if the President shall have failed to qualify, then the
Vice-president
shall act as President until a President shall have qualified.
(2) In
case of permanent disability, death, removal from office or resignation
of the President, the Vice-President shall become the President to
serve
the unexpired term. chanrobles virtual law library
5. Statutory
succession
(1) The
Batasang Pambansa shall by law provide who shall act as President or
the
manner in which one who is to act shall be elected if neither a
President-elect
nor a Vice-President-elect shall have been chosen nor shall have
qualified,
or both shall have, died at the time fixed for the beginning of their
term. chanrobles virtual law library
(2) The
Batasang Pambansa shall by law provide for the death, pertinent
disability
or resignation of the Speaker at the time the vacancy in the Office of
the President occurs or subsequently thereafter, declaring who shall
serve
as President until the President and the Vice-President shall have been
elected and qualified, subject to the same restrictions of powers and
disqualifications
as the Speaker when acting as President.
QUESTION
NO. 3
Do
you vote for the approval of amendments to the Constitution as proposed
by the Batasang Pambansa in Resolution Numbered 105 which, in
substance,
provide that grant shall be an additional mode for the acquisition of
lands
belonging to the public domain and that the agrarian reform program may
include the grant or distribution of alienable lands of the public
domain
to qualified tenants, farmers and other landless citizens.chanrobles virtual law library
Sec.
4. In case of any resolution
that may hereafter be approved proposing further amendment or
amendments
to the Constitution, the Commission on Elections is empowered to
formulate
the appropriate question or questions based on the resolution concerned
for inclusion in the same ballot as the other questions to be submitted
in the plebiscite herein called. chanrobles virtual law library
Sec.
5. There shall be a Citizen's
Election Committee in every voting center to be composed of three
public
school teachers one whom shall be designated as the chairman. In case
the
number of public school teachers is insufficient, the Commission of
Elections
may appoint private school teachers. The members of the committee shall
each receive a compensation of fifty pesos per day of service which
shall
be paid not later than thirty days following the day of the
plebiscite.
Sec.
6. The Citizens' Election
Committees shall prepared and sign four copies of the returns of the
plebiscite
in their respective voting centers on a form to be prescribed by the
Commission
on Elections. The fourth copy shall be deposited in the ballot box for
valid ballots, and three copies shall be delivered to the election
registrar
concerned who shall retain one copy, immediately deliver the original
to
the provincial election supervisor and forward the other to the
Commission
on Elections. In cities, the election registrar shall deliver the
original
to the city board of canvassers and forward the other to the Commission
on Elections. Certified copies of the plebiscite returns may be issued
by the election committees upon request of interested parties and such
certified copies shall be evidence of the results of the plebiscite in
the voting centers concerned. chanrobles virtual law library
Sec.
7. (1) There shall be a
provincial board of canvassers in each province to be composed of the
provincial
election supervisor or a representative of the Commission, as chairman,
and the provincial fiscal and the division superintendent of schools,
as
members: Provided, That in case there are two or more division
superintendents
of schools in a province, the Commission shall appoint as member the
more
senior superintendent who is not a native of the province.
(2) There
shall be a city board of canvassers in each city to be composed of the
city election registrar or a representative of the Commission on
Elections
who should be a lawyer, as chairman, and the city fiscal and the city
superintendent
of schools, as members.
Sec.
8. Upon the completion
of the canvass, the provincial or city board of canvassers as the case
may be shall prepare a certificate if canvass in duplicate. The
original
shall be delivered to the Commission on Elections in Manila by the
fastest
possible means and the duplicate shall be filed in the Office of the
Provincial
Election Supervisor. Certified copies of the certificate of canvass may
be issued by the board of canvassers upon request of interested parties
and such certificates shall be evidence of the results of the canvass
in
the province or city concerned.chanrobles virtual law library
Sec.
9. The Commission on Elections,
sitting en banc shall, not later than twenty days from the date of the
plebiscite, 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. chanrobles virtual law library
Sec.
10. The President shall
issue a proclamation upon submission to him by the Commission on
Election
of the results of the plebiscite, declaring the amendments ratified in
the plebiscite as in full force and effect as part of the Constitution
of the Philippines.
Sec.
11. On such date as the
Commission on Elections may fix, which shall not be later than January
17, 1984, the Commission on Elections shall order a new registration of
voters in any voting center, motu proprio or upon verified petition of
any election registrar, political party or voter after due notice and
hearing,
in areas where there is need therefor to cleanse the list of voters of
illegal or irregular registrants. Not later than five days before the
date
fixed for the plebiscite, the complete list of voters shall be posted
in
every voting center. Failure to comply with this requirement shall be
considered
serious election offense and shall be penalized as such. chanrobles virtual law library
Sec.
12. The expenses for the
plebiscite shall be charged to the appropriations of the Commission on
Elections authorized for the purpose in the General Appropriations Acts
of 1983 and 1984. In case of deficiency, the appropriations herein
provided
may be augmented from funds authorized under said General
Appropriations
Acts under the Special Activities Fund. chanrobles virtual law library
Sec.
13. The plebiscite shall
be conducted and supervised by the Commissioner on Elections and shall
be governed by the pertinent provisions of the 1978 Election Code and
other
applicable laws. The Commission on Elections shall promulgate the rules
and regulations necessary to carry out the provisions of this Act. chanrobles virtual law library
Sec.
14. This Act shall take
effect upon its approval.chanrobles virtual law library
Approved:
December 21, 1983
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