A
collection of Philippine laws, statutes and codes
not
included or cited in the main
indices
of
the
Chan Robles Virtual Law Library
PRESIDENTIAL DECREE NO. 991
PRESIDENTIAL DECREE NO. 991 -
CALLING A NATIONAL REFERENDUM ON OCTOBER 16, 1976; PROVIDING FOR A
PERIOD OF EDUCATIONAL AND INFORMATION CAMPAIGN ON THE ISSUES; AND
ESTABLISHING THE MECHANICS AND MANNER FOR THE HOLDING THEREOF
|
chanroblesvirtualawlibrary
WHEREAS, on
various occasions the people have invariably expressed opposition to
the convening of the interim National Assembly;chanroblesvirtualawlibrary
WHEREAS, such opposition of the people to the convening of the interim
National Assembly has resulted in a constitutional stalemate which has
suspended the political evolution of the nation as sought by the
President, especially with respect to his wish to have a legislative
assembly with certain powers; chanroblesvirtualawlibrary
WHEREAS, the barangays and sanggunian assemblies through their duly
authorized instrumentalities have recommended that the feasibility of
abolishing and replacing the interim National Assembly be studied and
in connection therewith to ascertain the wishes of the people as to the
means that may be availed of to attain the objective;chanroblesvirtualawlibrary
WHEREAS, furthermore, the barangays have manifested their wish to
submit anew for the people's resolution the question of continuing
martial law, obviously in the light of recent developments affecting
the security of the state;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
decree:cralaw:red
Section 1. National Referendum. — Every barangay
throughout the land shall, on October 16, 1976, hold a referendum
and/or consultation in the manner herein provided to resolve the issues
enumerated in section three of this Decree.
Section 2. Supervision and Control. — The Commission
on Elections shall, in addition to the powers and functions conferred
upon it by the Constitution, exercise supervision and control over the
conduct and all the other processes of the referendum, including the
balloting in appropriate cases, acclamation, canvass and proclamation
of the results thereof. chanroblesvirtualawlibrary
Section 3. Issues to be resolved. — Without prejudice
to other matters that may be discussed, the barangays shall resolve the
issues of martial law, the interim assembly, its replacement, the
powers of such replacement, the period of its existence, the length of
the period for the exercise of the President of his present powers and
such other issues that may be certified by the President in another
decree.
Section 4. Who shall participate. — Every Filipino
citizens, literate or not, fifteen years of age or over who has resided
in the barangay for at least six months shall participate in the
consultation in his barangay; Provided, however, That any person who
may not be able to participate in the consultations of his barangay may
do so in any barangay most convenient to him; Provided, further, That
no barangay member shall participate in more than one barangay
consultation.
Section 5. Information and Educational Campaign. —
Every barangay shall hold assemblies or meetings any day between
September 11 to October 15 for the purpose of informing or enlightening
its members regarding the significance and meaning of the issues to
enable them to cast their votes intelligently.
During the information and educational campaign, the barangays 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 6. Notice and Record of Information Meetings.
— The barangay captain or the president of the Kabataang Barangay shall
notify the COMELEC Supervisory Panel of the holding of any meeting or
assembly for educational or informative purposes. The Comelec
Supervisory Panel shall send a representative to the assembly
meeting. chanroblesvirtualawlibrary
The Comelec Supervisory Panel shall keep a complete record of such
meetings in every barangay under its jurisdiction.
If by October 10, any barangay shall have failed to hold a meeting in
accordance with the preceding section, the Comelec Supervisory Panel
shall instruct the barangay officials concerned to comply with the
provisions of this section, notifying the Department of Local
Government and Community Development of such instruction.
If notwithstanding such instructions the barangay officials fail to
hold meetings required herein, the Comelec Supervisory Panel shall take
such steps as are appropriate and necessary to assure the holding of
such meetings.
Section 7. Free Discussions and Debates on the
Referendum Questions. — Any person who is duly registered as a barangay
member shall not be questioned, interrogated or investigated before or
after the referendum for any speech, remark or statement in any
discussion or debate intended to explain the referendum questions or to
enlighten the people 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 communication, radio or television, and such
remarks, statement or views 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 referendum questions or to
enlighten the people 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
regulations that may be promulgated by the Commission on Elections in
accordance with Section 5 of General Order No. 51, and no person who is
duly registered as barangay member shall be held to account for view
expressed in these printed materials which shall likewise be
inadmissible as evidence in any investigation or suit against the
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 8. Place and Manner of Referendum. — (1) The
barangay captain shall fix, after due consultation with the other
officers of the barangay and the Kabataang Barangay, the time and place
of the referendum and/or consultation. The time and place of the
consultation shall be given widest publicity to assure maximum
attendance of the barangay members.
Whenever possible, the referendum centers that were used in the
referendum of February, 1976 shall be used for purposes of voting this
referendum.
(2) Barangays with one hundred or more members shall
conduct their referendum through the use of ballots, Provided, That
barangays with less than one hundred members may decide to hold their
consultation by acclamation.
Section 9. Printing of Ballots. — Barangays
authorized to use ballots shall be responsible for the printing
thereof; Provided, however, That no printing of ballots shall be
undertaken without the Comelec Supervisory Panel being first notified
so that it can send a representative to exercise supervision and
control in the printing of said ballots.
Ballots shall be signed and countersigned at the back thereof by the
representative of the Comelec Supervisory Panel, the Chairman of the
Barangay Referendum Committee, and the President of the Kabataang
Barangay or their duly authorized representatives.
Printed ballots duly authenticated in accordance with the preceding
paragraph shall be in the custody of the Chairman of the barangay
referendum committee until the day of the referendum.
For purposes of economy and convenience, barangays that are contiguous
or belonging to the municipality or province may pool their resources
together and have their ballots printed at the same time by one
printing firm or entity.
Section 10. Barangay Referendum Committee. — There
shall be a barangay referendum committee for every barangay to be
appointed under the guidance of the Department of Local Government and
Community Development. The barangay referendum committee shall conduct
the voting and count the votes in the barangay subject to the
supervision and control of the Commission on Elections.
Section 11. Supervisory Panels. — There shall be in
each city, municipality or municipal district a Comelec Supervisory
Panel which shall composed of the Election Registrar or in his absence
the city/municipal treasurer as Chairman with ranking public school
teachers and other civil service employees of the city, municipality or
municipal district as member to be appointed by the Chairman. The
number of the members of each Supervisory Panel shall be determined by
the election registrar or the city/municipal treasurer, as the case may
be, depending on the size and number of barangays under its
jurisdiction.
Section 12. Powers and Functions of the Comelec
Supervisory Panel. — In addition to the powers and functions cited in
the preceding sections, the Comelec Supervisory Panel shall have the
following powers and functions:cralaw:red
a. Send a representative or representatives the
number of which shall be determined depending on the size of the
barangay, to supervise the consultations therein with power to decide
questions relating to the right of any person to participate; to see to
it that the meeting is conducted in a free, orderly and honest manner;
and to submit a written report to the Comelec Supervisory Panel on the
manner the consultation was held. chanroblesvirtualawlibrary
b. Authorize postponements of scheduled consultations
due to terrorism, natural calamities, or other similar causes.
c. Organize a barangay referendum committee in case
one has not been duly constituted or to appoint substitutes.
d. Replace any member of the barangay referendum
committee for violation of the rules and regulations issued by the
Commission on Elections or instructions of the representative of the
Comelec Supervisory Panel or for any irregularity committed in the
performance of his duties.
e. Recommend to the Commission of Elections the
annulment of the results of the referendum in any barangay upon proof
of the use of unauthorized ballots or for any other serious
irregularity committed during the voting or the counting of the votes.
f. To facilitate voting in barangays with big number
of barangay members, the Comelec Supervisory Panel may authorize the
establishment of as many voting centers as may be necessary, giving
notice thereof to the Department of Local Government and Community
Development in order that the corresponding barangay referendum
committees may be constituted.
Section 13. Manner of Voting. — The voting in the
barangay may be conducted through the use of ballots or by acclamation.
In barangays where ballots will be used, the member entitled to vote
shall be given his ballot by the Chairman of the barangay referendum
committee and shall be required to prepare his ballot in secret. After
the voter has filled his ballot, he shall return the same to the
Chairman who, in the presence and in the view of the voter and the
members of the referendum committee, shall deposit the ballot in the
proper ballot box.
A voter who is illiterate or physically unable to prepare the ballot by
himself may choose a person of his confidence, preferably a relative by
affinity or consanguinity within the fourth civil degree, to assist him
in the preparation of his ballot.
There shall be two ballot boxes for every barangay referendum center.
One ballot box shall be used for voters 15 years of age and under 18
and a second box for voters 18 years of age and above.
Voting shall start promptly at seven o'clock in the morning and close
at six o'clock in the afternoon.
Section 14. Preparation and Transmission of Results.
— Immediately after the votes are counted, the Barangay Referendum
Committee shall prepare and certify two copies of the results of the
voting in the barangay in the form prescribed for the purpose. The
referendum results shall be prepared in two parts, namely: Part One
which shall contain the results for voters who are fifteen years of age
and under eighteen, and part two which shall contain the results for
voters who are eighteen years of age and over. The referendum results
shall indicate the date of the voting, the name of the barangay and the
city, municipality or municipal district and province where the
barangay is situated, the number of members who voted, the total or
affirmative votes cast and the total number of negative votes cast
including abstentions for each issue submitted to the members of the
barangay, writing out said numbers in words and in figures, the names
and signatures of the Chairman and members of the Barangay Referendum
Committee.
The original of the referendum results shall be transmitted to the
Commission on Elections by the fastest available means, and the
duplicate shall be delivered to the Secretary of the Department of
Local Government and Community Development.
Section 15. Canvass by the Commission on Elections. —
The Commission on Elections shall convene en banc to canvass the
referendum results certified by the barangay election committee of each
barangay and, on the basis of said canvass, proclaim the results
thereof. chanroblesvirtualawlibrary
In case there are referendum results which are missing and the votes
therein will not affect the result of the voting, the Commission on
Elections may terminate the canvass and proclaim the results of the
voting on the basis of the available referendum results.
Section 16. Watchers. — Civil, religious, youth and
other similar organizations may designate not more than two watchers
each, under written authority to be accredited by the Comelec
Supervisory Panel, to observe the referendum and the canvass of the
results of the National Board of Canvassers.
Section 17. Assistance of Other Instrumentalities and
Agencies of the Government. — To implement the provisions of this
Decree, the Commission on Elections is hereby empowered to enlist the
assistance and cooperation of the personnel and facilities of any
office, agency or instrumentality of the Government, after due
consultation with the respective heads thereof.
Section 18. Appropriations. — The sum of Five Million
Pesos is hereby appropriated out of any funds in the National Treasury
not appropriated to carry out the purposes of this Decree. chanroblesvirtualawlibrary
Section 19. Promulgation of Rules and Regulations. —
The Commission on Elections shall promulgate such rules and regulations
as are necessary to carry out the provisions of this Decree.
Section 20. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 2nd day of September in the year of Our Lord, nineteen hundred and
seventy-six.
|
Back
to Home
- Back
to Main
chanroblesvirtuallawlibrary
Since 19.07.98
|