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PRESIDENTIAL DECREE NO. 249
PRESIDENTIAL DECREE NO. 249 -
AMENDING PRESIDENTIAL DECREE NO. 229 FOR THE PURPOSE OF AUTHORIZING
GOVERNMENT OFFICIALS AND EMPLOYEES, INCLUDING MILITARY PERSONNEL, TO
VOTE IN THEIR PLACE OF ASSIGNMENT AND OTHER RELATED MATTERS
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WHEREAS,
barangay democracy derives its strength from the participation of as
many qualified citizens as possible in referendums and/or consultations;chanroblesvirtualawlibrary
WHEREAS, in the referendum of July 27, military personnel, government
officials and employees, including those in government-owned or
controlled corporations who are registered in the provinces may not
have sufficient time to go there to cast their votes;chanroblesvirtualawlibrary
WHEREAS, provisions must be made in the case of barrios or barangays
where the conditions of peace and order are unsettled, to the end that
the barangay members thereof be not deprived of their right to vote;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines and
pursuant to Proclamation No. 1081 dated September 21, 1972, and General
Order No. 1, dated September 22, 1972, as amended, do hereby order and
decree to be part of the laws of the land the following:cralaw:red
Section 1. Presidential Decree No. 229 is hereby
amended by inserting therein the following sections to be known as
Section 6-A and Section 6-B to read as follows: chanroblesvirtualawlibrary
"Sec. 6-A. Authority for any Official or Employee to
Vote in his Place of Assignment. — Any officer or employee of the
government, including government-owned or controlled corporations,
whose office is located in the Metro-Manila area and who is registered
as barangay member in the province shall, if he chooses, be authorized
to cast his vote in the barangay referendum center nearest his place of
residence: Provided, That the Barangay Referendum Committee shall allow
such officer or employee to cast his vote upon presentation of a
certification of the chief of office or agency concerned that the voter
is an employee of the office or agency and a barangay member registered
in his province: Provided, further, That any officer or employee on
field assignment in the provinces and who is registered as barangay
member in the Metro-Manila area may cast his vote in the place where he
is assigned, subject to the same requirement provided in the preceding
sentence concerning the certification of the chief of office or agency.
"Sec. 6-B. Authority for any Military Personnel to
Vote in his Place of Assignment. — Any military personnel who is
registered as a barangay member in a place other than his present
assignment shall be allowed to cast his vote in the barangay referendum
center nearest the camp, barracks or detachment where he is assigned or
sent on mission: Provided, That whenever possible and convenient,
taking into account the number of voters affected and the accessibility
of other barangay referendum centers, the election registrar of any
city, municipality or municipal district may authorize the
establishment of a barangay referendum center in any fort, camp,
barracks or detachment, in which case any member of the family of any
military personnel assigned therein shall be authorized to cast his
vote in said barangay referendum center."
Section 2. Section 16 of Presidential Decree No. 229
is hereby amended to read as follows: chanroblesvirtualawlibrary
"Sec. 16. Postponement of Referendum. — When for any
serious cause such as calamities, floods or other force majeure,
violence, terrorism, loss or destruction of referendum paraphernalia or
records, and other analogous causes of such a nature that the holding
of a referendum becomes impossible in any barangay center or political
division or subdivision, the Commission on Elections, upon verified
petition and after due notice and hearing, shall postpone the
referendum therein to such time as it may deem necessary, but on a date
reasonably close to the date of the referendum not held or suspended:
Provided, however, That the Commission on Elections may authorize
barangay members of barrios or barangays where there is unrest or where
the holding of the referendum cannot be held without endangering the
safety of the voters, to cast their votes in the nearest barangay
referendum center where the conditions of peace and order are under
control.
Section 3. This Decree shall take effect immediately.
Done in the City of Manila,
this 20th day of July, in the year of Our Lord, nineteen hundred and
seventy-three.
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