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Mga Batas Pambansa : MGA BATAS PAMBANSA
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BATAS PAMBANSA BILANG. 643BATAS PAMBANSA BLG. 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
Section 1. A
plebiscite shall be held on January 27, 1984, pursuant to Article XVI,
Section s 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.
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.
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:
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.
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.
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;
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;
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;
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;
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.
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:
1.
Abolition of the Executive Committee and Creation
of the Office of the Vice-President.
(1)
The Executive Committee provided in Sec. 3,
Article IX of the Constitution is abolished.
(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.
(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.
(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.
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.
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.
(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.
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.
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.
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.
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.
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.
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.
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.
Sec. 14. This Act shall take effect upon its
approval.
Approved: December 21, 1983.
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