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PRESIDENTIAL DECREE NO. 73
PRESIDENTIAL DECREE NO. 73 -
SUBMITTING TO THE FILIPINO PEOPLE, FOR RATIFICATION OR REJECTION, THE
CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES PROPOSED BY THE 1971
CONSTITUTIONAL CONVENTION AND APPROPRIATING FUNDS THEREFOR
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WHEREAS, a new Constitution of the
Philippines has been approved by the 1971 Constitutional Convention;chanroblesvirtualawlibrary
WHEREAS, pursuant to Article XV of the present Constitution, the
proposed new Constitution shall be valid when approved by a majority of
the votes cast at an election at which it is submitted to the people
for their ratification;chanroblesvirtualawlibrary
WHEREAS, the 1971 Constitutional Convention has adopted Resolution No.
5843 proposing "to President Ferdinand E. Marcos that a decree be
issued calling a plebiscite for the ratification of the proposed New
Constitution on such appropriate date as he shall determine and
providing for the necessary funds therefor;"
NOW, THEREFORE, I, FERDINAND E. MARCOS, Commander-in-Chief of all the
Armed Forces of the Philippines, and pursuant to Proclamation No. 1081,
dated September 21, 1972, do hereby order and decree the
following: chanroblesvirtualawlibrary
Section 1. Plebiscite. — The proposed Constitution of
the Philippines approved by the 1971 Constitutional Convention shall be
submitted to the people for ratification or rejection at a plebiscite
to be held on January 15, 1973, in accordance with the provisions of
this Decree.
Section 2. Publication of the Constitution. — The
proposed Constitution shall be published in full in English and in
Pilipino, to be translated by the Institute of National Language, once
in the Official Gazette and in three issues of at least two newspapers
of national circulation not later than two weeks before the plebiscite.
Printed copies of the Constitution shall be posted in a conspicuous
place in each provincial, city, municipal, and municipal district
government building and in at least two other conspicuous places in the
city, municipality, or municipal district at least thirty days before
the plebiscite and in a conspicuous place in each polling place at
least fifteen days before the plebiscite. Said copies shall remain
posted until after the holding of the plebiscite.
At least five copies of the Constitution shall be kept in each polling
place to be made available for examination by qualified voters during
the plebiscite day. Whenever practicable, copies in the principal local
dialects, as may be determined by the Commission on Elections, shall
also be kept in each polling place.
The Department of Public Information shall, in addition, distribute
printed copies of the proposed Constitution to all government offices,
agencies and instrumentalities, including national, provincial, city,
municipal, municipal district and barrio governments, and to civic,
religious, educational, business, labor and trade organizations or
institutions, and through the use of all forms of mass communication,
endeavor to disseminate full information on the provisions of the
proposed Constitution.
Section 3. Freedom of Information and Discussion. —
The people shall be fully informed and enlightened on the provisions of
the proposed Constitution and may discuss the same freely and publicly
in order that they can vote intelligently to ratify or reject it:
Provided, however, That the discussion shall be limited to the proposed
Constitution and shall not in any manner tend to cause disorder or
endanger the security of the state. chanroblesvirtualawlibrary
Section 4. Provisions Governing Plebiscite. — The
provisions of the Election Code of 1971, insofar as they are not
inconsistent herewith, shall apply to the conduct of the plebiscite.
The provisions of the Election Code of 1971 regarding rights and
obligations of political parties and candidates, shall not apply to the
plebiscite.
Section 5. Plebiscite Calendar. — The periods and
dates to be observed for the performance of certain pre-plebiscite acts
shall be indicated in the Plebiscite Calendar appended hereto:
Provided, however, That if on account of insurmountable difficulties,
any of said periods or dates cannot reasonably be possible to observe,
the Commission on Elections may fix another period or date in order
that the voters shall not be deprived of their right of suffrage. The
Commission shall also fix the period or date for the performance of
other pre-plebiscite acts not included in the calendar.
Section 6. Registration of Voters. — Any qualified
voter who is not registered in the permanent list of voters shall in
order that he may vote at the plebiscite, register with the city,
municipality or municipal district wherein he is a resident on any day,
including Saturdays, Sundays and holidays, from 8:00 o'clock to 12:00
o'clock in the morning and from 1:00 o'clock to 5:00 o'clock in the
afternoon, not later than the date indicated in the calendar. There
shall be no registration of voters before the boards of
inspectors. chanroblesvirtualawlibrary
All election registration boards as presently constituted shall
continue to act as such in connection with the registration of voters
for the plebiscite. In cases where action by the election registration
board on the application for registration of voters is unduly delayed
because of the failure or refusal, after due notice, of any member
thereof other than the election registrar to act as such, or in case of
any vacancy in said board, the election registrar may designate any
other teacher or registered voter of the city, municipality or
municipal district, subject to the provisions of Section 106 of the
Election Code of 1971 to act in place of the absent member or to fill
the vacancy.
The decision of courts of first instance, city courts and municipal
courts of the provincial capitals, in inclusion and exclusion cases,
shall be final and immediately executory.
Section 7. Current List of Voters: Preparation and
Publication. — The board of inspectors provided in the next succeeding
section shall on the second Saturday before plebiscite day, meet at
their respective polling places from seven o'clock in the morning until
six o'clock in the afternoon to prepare and certify three copies of the
current list of voters, by transferring thereto the names of the voters
appearing in the existing precinct book of voters. Before seven o'clock
in the morning of this day, the election registrar shall deliver the
precinct books of voters to the chairman of the boards of inspectors
who shall remain custody thereof until they are returned to the
election registrar after the plebiscite. After preparing the current
list and before it adjourns, the board shall close and seal the
precinct book of voters and make a certificate that the approved
applications contained therein, stating the exact number, are complete
for the precinct. The chairman of the board shall see to it that the
precinct book of voters shall remain closed and sealed until it is
opened for use on plebiscite day.
For purposes of public information, the poll clerk shall before leaving
the polling place, post a copy of the current list in a secure and
conspicuous place at or near the door of the polling place where it can
be conveniently consulted by interested parties; and shall, at first
hour of the working day following the preparation of the current list,
deliver a certified copy thereof to the election registrar in whose
office said copy shall be open to the public for inspection during
regular office hours. The chairman of the board shall retain his copy
of the current list so prepared which may be inspected by the public in
his residence or office during regular office hours. chanroblesvirtualawlibrary
Section 8. Board of Inspectors. — Not later than
twenty days before plebiscite day, the Commission on Elections shall
appoint a board of inspectors for each election precinct to be composed
of a chairman and two members, one of whom shall be designated
concurrently as poll clerk, and all of whom shall be public school
teachers, preference being given to civil service eligibles who have
been in the service for more than five years and are registered voters
of the city, municipality or municipal district. In case of
non-availability of public school teachers, the Commission may appoint
private school teachers, or any officer or employee in the civil
service who is a registered voter of the city, municipality or
municipal district to fill the vacancies, or, in the absence of all the
said substitutes, any registered voter of the precinct. Public school
teachers who are appointed members of the board of inspectors, and
their substitutes may vote in their respective precincts where they are
assigned on plebiscite day: Provided, That they are qualified voters of
the city, municipality or municipal district where they are assigned
and that before the precinct book of voters are closed and sealed,
their approved applications for registration shall have been
transferred to the precincts where they are assigned as board members,
under such rules that the Commission may provide.
In places where, by reason of deteriorating peace and order conditions,
public school teachers and their substitutes are unable or unwilling to
discharge their duties, the Commission may appoint ROTC cadets, who are
at least 21 years of age, as members of the board of inspectors to
insure a free, orderly and honest plebiscite therein.
The members of the board of inspectors shall receive the same rates of
pay for services rendered in connection with the plebiscite as those
provided in the Election Code of 1971. chanroblesvirtualawlibrary
Section 9. Watchers. — The Commission on Elections
may designate in each polling place, on recommendation of civic groups,
not more than six watchers, who are of good reputation and who shall
not have been convicted of any offense nor have pending against them
any complaint or information for any election offense. They shall have
the same rights and duties as those provided in the Election Code for
watchers.
Section 10. Precincts and Polling Places. — The
election precincts actually established in the last election shall
continue with such adjustments, changes or new divisions as the
Commission on Elections may find necessary. For purposes of the
plebiscite, the maps of precincts required by Section 84 of the
Election Code shall be deemed sufficiently published if the Commission
posts copies thereof in the city, municipality or municipal government
building and in three other conspicuous places in the city,
municipality or municipal district.
The location of polling places designated in the preceding election
shall continue with such changes as the Commission may find necessary
provided that each polling place shall have at least three voting
booths.
Section 11. Official Ballots. — The official ballot
to be used in the plebiscite shall be printed in English and shall be
in the form and size to be prescribed by the Commission on Elections.
It shall contain on the face thereof the following:cralaw:red
OFFICIAL BALLOT
(Municipality & Province)
January 15, 1973
PLEBISCITE
Fill out this ballot secretly inside the booth. Do not put any
distinctive mark in any part of this ballot.
THE CONSTITUTION OF THE
REPUBLIC OF THE PHILIPPINES
proposed by the 1971 Constitutional Convention on November 30, 1972, is
being submitted to the people in this plebiscite, for ratification or
rejection, pursuant to the provisions of Article XV of the present
Constitution.
To vote for the ratification of the Constitution, the voter shall write
the word "YES" or its equivalent in Pilipino or local dialect in the
blank space after the question; to vote for the rejection thereof, he
shall write the word "NO" or its equivalent in Pilipino or local
dialect. chanroblesvirtualawlibrary
Do you approve the Constitution
of the Republic of the Philippines as proposed
by the 1971 Constitutional Convention on
November 30, 1972?
The official ballots may be printed by letter press or offset method of
printing. The ballots shall be bound in separate books of one-hundred
ballots each. Each city, municipality or municipal district shall be
furnished official ballots at the rate of one and one-tenth ballots for
every registered voter in the next preceding election.
Section 12. Plebiscite Returns. — The board of
inspectors shall prepare and sign four copies of the plebiscite returns
in their respective polling places on a form to be prescribed by the
Commission on Elections. One copy shall be deposited inside the ballot
box, one copy each shall be delivered personally by the board to the
election registrar and to the city, municipal or municipal treasurer,
and the original copy shall be transmitted to the Commission on
Elections in such manner as it may direct.
Section 13. Canvass of the Returns by the City,
Municipal and Municipal District Board of Canvassers. — At six o'clock
in the afternoon of plebiscite day, the city, municipal or municipal
district board of canvassers shall meet for the purpose of canvassing
the plebiscite returns for the city, municipality or municipal
district, as the case may be. The city, municipal or municipal district
treasurer shall produce before the board the returns already received
by him from the different precincts. The board shall canvass
continuously until all the returns are read, but may suspend the
canvass only for the purpose of awaiting other returns and shall resume
immediately upon receipt of such returns. Upon completion of the
canvass, the board shall prepare and sign a certificate of canvass of
all the votes cast for "YES" and all the votes cast for "NO" supported
by a statement of votes by precincts. chanroblesvirtualawlibrary
The board of canvassers shall prepare the certificate of canvass and
the supporting statement by precinct in triplicate in one writing in
the form prescribed by the Commission on Elections. The copies of the
certificate and statement shall be enclosed in envelopes furnished by
the Commission on Elections and distributed as follows: the original
copy shall be delivered to the Commission on Elections in the manner it
may direct, the second copy shall be transmitted to the Provincial
Treasurer for safekeeping and the third copy shall be kept on file in
the office of the city, municipal or municipal district treasurer.
The members of the board of canvassers shall each receive a fixed
compensation of thirty pesos for actual services rendered in the board.
The Commission may, upon recommendation of civic, religious and
educational organizations, appoint three watchers to be present at, and
take note of all the proceedings of the board of canvassers. The
watchers shall have the right to read the plebiscite returns without
touching them and to file a protest against any irregularity in the
plebiscite returns submitted and to obtain from the board of canvassers
a resolution thereon in writing.
Section 14. Canvass by the Commission on Elections;
Proclamation of the Result. — Within one week after the holding of the
plebiscite, the Commission on Elections shall commence a public canvass
of the votes as certified by the city, municipal or municipal district
boards of canvassers and, thereafter, proclaim the result thereof.
In case there are certificates of canvass which are missing and the
votes therein will not affect the result of the plebiscite, the
Commission on Elections may terminate the canvass and proclaim the
result of the plebiscite on the basis of the available certificates of
canvass.
Section 15. Plebiscite Supplies and Services. — The
Commission on Elections may procure any supplies, materials or services
needed for the holding of the plebiscite either by negotiation or
through sealed quotations if it finds the requirements of public
bidding impracticable to observe.
Section 16. Rules and Regulations. — The Commission
on Elections shall promulgate the rules and regulations necessary to
carry out the provisions of this Decree.
Section 17. Appropriation. — The sum of fifteen
million (P15,000,000) pesos is hereby appropriated out of any funds in
the National Treasury not otherwise appropriated to carry out the
purposes of this Decree: Provided, That this appropriation shall be
available for expenditure after June 30, 1973, until all expenses if
said plebiscite shall have been paid.
Section 18. Effectivity. — This Decree shall become
effective immediately upon its promulgation.
Done in the City of Manila,
this 1st day of December, in the year of Our Lord, nineteen hundred and
seventy-two.
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