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PRESIDENTIAL DECREE NO. 1092
PRESIDENTIAL DECREE NO. 1092 -
CALLING A REGIONAL PLEBISCITE IN REGIONS IX AND XII AND IN THE
PROVINCES OF PALAWAN, DAVAO DEL SUR AND SOUTH COTABATO, TO CONSIDER
THEIR INCLUSION IN AN AUTONOMOUS REGION, PRESCRIBING THE MECHANICS AND
APPROPRIATING FUNDS THEREFOR
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WHEREAS,
there is a proposal to merge Regions IX and XII as an autonomous
region, and to include the provinces of Palawan, Davao del Sur and
South Cotabato as part of that region;chanroblesvirtualawlibrary
WHEREAS, it is necessary that the people in Region IX and XII and in
the provinces of Palawan, Davao del Sur and South Cotabato should
participate in deciding this proposal;chanroblesvirtualawlibrary
WHEREAS, there is a need to prescribe the mechanism on the manner by
which such regional plebiscite shall be conducted;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers in me vested by the Constitution, do hereby
decree and order the following:cralaw:red
Section 1. Plebiscite. — There is hereby called on
February 21, 1977, a regional plebiscite through the barangays in the
provinces and cities of Regions IX and XII and in the provinces of
Palawan, Davao del Sur and South Cotabato to resolve the questions
stated in the next section.
Section 2. Questions to be resolved. — The questions
to be resolved by the constituencies indicated hereunder shall be as
follows:cralaw:red
For Voters of Regions 9 and 12
"Do you approve the merger of Region 9 and 12 into one autonomous
region?"
For Voters of Palawan, Davao del Sur and South Cotabato
"Do you approve the inclusion of your province as part of an autonomous
region in Southwestern Philippines (Regions 9 and/or 12)?"
Section 3. Supervision and control of plebiscite and
implementation of this Decree by the Commission on Elections. — For
purposes of this plebiscite, the Commission on Elections shall, in
addition to the powers conferred upon it by the Constitution, supervise
the conduct of voting and canvass of ballots, and exercise such other
powers and functions as may be necessary to implement this Decree.
Section 4. Who are entitled to vote. — All qualified
barangay voters duly registered in the October, 1976
referendum-plebiscite shall be entitled to vote in the plebiscite
herein provided.
Any person who is not a registered barangay voter but who has all the
necessary qualifications and none of the disqualifications under the
law may apply for registration in accordance with the provisions of
Presidential Decree No. 210.
Section 5. List of barangay voters. — The list of
Barangay Voters of the October, 1976 referendum-plebiscite shall be
used in this plebiscite, together with the list of new
voters. chanroblesvirtualawlibrary
Section 6. Barangay plebiscite committee. — Without
prejudice to the authority of the Commission on Elections to replace or
appoint the members of a barangay plebiscite committee, the members of
the referendum-plebiscite committees that functioned as such during the
October, 1976 referendum-plebiscite in the areas concerned shall
compose the plebiscite committees for this plebiscite.
Section 7. Powers of the barangay plebiscite
committee. — For purposes of this plebiscite, the barangay plebiscite
committee shall have the following powers and functions:cralaw:red
a) Supervise the voting and the canvass of voters in
their respective barangay plebiscite centers; chanroblesvirtualawlibrary
b) Act as deputies of the Commission in the
supervision and control of the plebiscite processes in their respective
centers to assure the holding of a free, orderly and honest plebiscite;
and
c) Perform such other functions prescribed by this
Decree and by the rules and regulations or instructions promulgated or
issued by the Commission.
Section 8. Barangay plebiscite centers. — Without
prejudice to the establishment of new barangay plebiscite centers, or
the transfer or splitting of existing ones, the barangay voting centers
which functioned as such during the October, 1976 referendum-plebiscite
in the areas concerned shall be used as the barangay plebiscite centers
for this plebiscite.
Section 9. Creation of new barangay plebiscite
centers. — In places where there are no existing barangay voting
centers and there are at least two hundred voters, the Commission shall
establish new barangay plebiscite centers. Said centers shall, as far
as practicable, be located in public schools buildings or other public
buildings upon consultation with barangay or sanggunian
officials. chanroblesvirtualawlibrary
Section 10. Canvass and proclamation by the
Commission. — Canvass shall be made by the Commission in any convenient
place within the regions and provinces concerned. Sitting en banc, it
shall meet not later than seven o'clock in the evening of the day of
the plebiscite to canvass the plebiscite results that may have already
been received. It shall meet continuously from day to day until the
canvass is completed and may adjourn only for the purpose of awaiting
the other plebiscite returns from other places. To facilitate the
canvass, the Commission may create committees or subcommittees.
Section 11. Observers. — Civic, religious, youth and
other similar organizations may designate not more than two observers
each, under written authority to be accredited by the election
registrar, to observe the registration of voters, casting of votes, and
counting of the votes in the barangay plebiscite centers.
The observers shall have the right to stay in the space reserved for
them within the barangay plebiscite center, to witness and inform
themselves of the proceedings of the committee, to take note of what
they may see or hear, to file a protest against any irregularity which
they believe may have been committed by the committee members, to
obtain from the poll clerk a certificate as to the filing of such
protest or the resolution thereof, and to read the ballots, without
touching them, after they have been read by the chairman, but they
shall not speak to the committee members, or to the voters, or among
themselves in such manner as to interrupt or disturb the proceedings.
Section 12. Plebiscite propaganda. — The provisions
of Section 47 and 48 of the Election Code of 1971 shall govern the use
of lawful and prohibited propaganda during the period of the
plebiscite. chanroblesvirtualawlibrary
Section 13. Information and educational campaign. —
Every barangay in the regions and provinces concerned shall hold
assemblies or meetings on any date before the plebiscite for the
purpose of informing or enlightening its members regarding the
significance and meaning of the plebiscite to enable them to cast their
votes intelligently.
During the information and educational campaign, the barangays therein
shall encourage free, full and constructive discussion and exchange of
views on the issues, including the holding of meetings or rallies, and,
to this end, may enlist the assistance of knowledgeable persons from
both public and private sectors to act as speakers or resource persons.
Section 14. Free discussion and debate on the
plebiscite questions. — Any person who is a duly registered voter in
the regions and provinces concerned shall not be questioned,
interrogated or investigated before or after the plebiscite for any
speech, remark or statement in any discussion or debate intended to
explain the plebiscite questions or to enlighten the people in the
political subdivisions affected about the issues involved, or for any
view for or against any or all of the questions made in public rallies
or debates, or in other forms of communications, radio or television.
Such remark, statement or view shall not be admissible as evidence in
any investigation or suit against the person or persons making them.
The printing of pamphlets, leaflets, posters, handbills and other
printed materials designed to explain the plebiscite questions or to
enlighten the people concerned about them, and the dissemination or
circulation of these materials shall be allowed and in no way
restricted, subject to pertinent and applicable provisions of the
Election Code of 1971 and the regulations that may be promulgated by
the Commission in relation to Section 5 of General Order No. 51. No
person who is duly registered as a voter in the regions and provinces
concerned shall be held to account for views expressed in these printed
materials. Such printed materials shall likewise be inadmissible as
evidence in any investigation or suit against any person or persons
printing, publishing or circulating them: Provided, however, that any
printed material shall not be allowed to be disseminated or circulated
if it does not indicate the name and address of the author thereof as
well as the name and address of the printer.
Section 15. Commission to prescribe necessary
plebiscite forms, secure materials and services. — The Commission shall
prescribe the necessary forms and may secure any supplies, materials or
services needed for the holding of this plebiscite either by
negotiation or through sealed quotations if it finds the requirements
of public bidding impracticable to observe. The services of personnel
may be hired under contractual basis if this method is found to be more
expedient and economical.
Section 16. Over time services of Commission
personnel. — Any provision of existing laws to the contrary
notwithstanding, the Commission may require its officials and
employees, and those assigned thereto, to work overtime in connection
with the implementation of this Decree after the required office hours
on regular working days and on Saturdays, Sundays and holidays, and on
scheduled rest days, and pay compensation therefor in accordance with
rates prescribed under existing laws.
Section 17. Commission to promulgate rules and
regulations. — The Commission shall promulgate the rules and
regulations necessary to carry out the provisions of this Decree. chanroblesvirtualawlibrary
Section 18. Suppletory application. — The provisions
of Presidential Decrees Nos. 210, 229, and 1053, insofar as they are
not inconsistent with this Decree, shall apply to the plebiscite herein
provided.
Section 19. Separability clause. — If, for any
reason, any section or provisions of this Decree, 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 Decree or the application of the
other provisions to any person, group or circumstance shall not be
affected by such declaration.
Section 20. Appropriations. — To carry out the
provisions of this Decree, the sum of TWO MILLION PESOS (P2,000,000.00)
is hereby appropriated out of any funds in the National Treasury not
otherwise appropriated to be spent under the exclusive authority of the
Commission.
Section 21. Effectivity. — This Decree shall take
effect immediately.
DONE in the City of Manila,
this 14th day of February, in the year of Our Lord, nineteen hundred
and seventy-seven.
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