A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library.
Mga Batas Pambansa :
MGA BATAS PAMBANSA
The campaign period for the election on May 14, 1984 shall commence on March 27 and shall end at midnight of May 12, 1984. Campaigning shall be prohibited on Holy Thursday, Good Friday, the day before the election and on election day.
ELECTION OF MEMBERS FROM THE PROVINCES AND THEIR COMPONENT CITIES, HIGHLY URBANIZED CITIES AND DISTRICTS IN METROPOLITAN MANILA
SELECTION OF SECTORAL REPRESENTATIVES
The industrial labor sector includes all non-agricultural workers and employees.
The youth sector embraces persons not more than twenty-five years of age.
In recognizing the most representative and generally recognized organizations or aggroupments, the Ministers of Agrarian Reform and of Agriculture, the Minister of Labor and Employment, and the Ministers of Local Government and of Education, Culture and Sports shall consider:
The President of the Philippines shall in writing notify the Secretary-General of the Batasang Pambansa of the appointment made by him of any sectoral representative.
Except as herein otherwise provided, sectoral representatives shall have the same functions, responsibilities, rights, privileges, qualifications and disqualifications as the representatives from the provinces and their component cities, highly urbanized cities or district of Metropolitan Manila.
RIGHTS OF POLITICAL PARTIES
The Commission shall, after due notice and hearing, resolve the petition within ten days from the date it is submitted for decision.
No religious sect, and no organization that seeks to achieve its goals through violence shall be registered as a political party.
Existing registered political parties need not register anew.
Nothing in this Act shall be construed as in any manner impairing the prerogative of any registered political party or coalition of political parties to make changes in its official ticket at any time: Provided, however, That any candidate whose nomination has been withdrawn, revoked, recalled, set aside, or candidacy, remain as an individual candidate and may be voted upon and elected. The inclusion of a candidate in the official ticket of a registered political party shall not be given due course unless such candidate has filed a certificate of candidacy not later than the date fixed herein, except as provided under Section 18 hereof.
Notice of such coalition or agreement to unite political forces of registered political parties shall be filed personally by the party officers concerned or their duly authorized representatives with the Commission not later than March 27, 1984 in the case of existing coalitions or agreements and thereafter within five days from such coalition or agreement.
A political party may nominate and/or support candidates not belonging to it.
ELIGIBILITY OF CANDIDATES AND CERTIFICATES OF CANDIDACY
A sectoral representative shall be a natural-born citizen of the Philippines, able to read and write, a resident of the Philippines for a period of not less than one year immediately preceding the day of the election, a bona-fide member of the sector he seeks to represent, a registered voter, and on the day of the election, at least twenty-five years of age, except the youth sector representative who should be at least eighteen and not more than twenty-five years of age: Provided, however, That any youth sector representative who attains the age of twenty-five years during his term shall continue in office until the expiration of his term.
Cases for disqualification based on change of political party affiliation or guest candidacy pending in the Commission or the Supreme Court shall not be affected by the provisions of this section.
No fee shall be collected for the filing thereof.
No person shall be eligible to be a candidate in more than one constituency and if he files certificates of candidacy for more than one constituency, he shall not be eligible for any of them. However, before midnight of March 27, 1984, the person who has filed more than one certificate of candidacy may declare under oath the constituency for which he desires to be a candidate and such declaration shall ipso facto cancel the certificate of candidacy for the other constituency or constituencies.
The filing of a certificate of candidacy shall not affect whatever civil, criminal or administrative liabilities a candidate may have incurred: Provided, however, That hearings of the case involving the same shall be suspended during the election period, unless such hearings are sought by the candidate himself.
A candidate may use in his certificate of candidacy the name by which he has been baptized, or the name registered in the office of the local civil registrar, or any other name allowed under the provisions of existing laws: Provided, That when there are two or more candidates for an office with the same name and surname, each candidate, upon being made aware of such fact, shall state his paternal and maternal surnames, except the incumbent who may continue to use the name and surname stated in his certificate of candidacy when he was elected. He may also include one nickname or stage name by which he is generally or popularly known in the locality.
The person filing a certificate of candidacy shall also affix his latest passport-size photograph and a statement in duplicate containing his bio-data.
In case a candidate has a pending petition for his inclusion as a voter in the constituency where he seeks to be elected or is the respondent in a petition for exclusion, his certificate of candidacy shall be allowed and given due course subject to the outcome of the petition. Any decision on a petition for inclusion or exclusion which affects the qualification of a candidate may be elevated for review to the Commission on Elections.
The candidate shall, in addition, file legible copies of his certificate of candidacy equivalent to double the number of voting centers in the province and its component city or cities, highly urbanized city of district in Metropolitan Manila, as the case may be.
If the death, withdrawal or disqualification should occur between the day before the election and mid-day of election day, said certificate may be filed with any citizens election committee in the political subdivision where he is a candidate. The fact of such filing shall be disseminated by the Commission to all the voting centers within the said political subdivision by and through all possible means.
A certificate of candidacy shall be considered ipso facto cancelled from the moment the candidate concerned accepts, assumes or discharges any office or employment in the government or any of its subdivisions, instrumentalities or agencies, or in any government-owned or controlled corporation, including its subsidiaries.
The fact of such withdrawal or cancellation shall be disseminated by the Commission to the public and all voting centers within the political subdivisions concerned by and through all possible means.
REGISTRATION, PREPARATION OF LISTS OF VOTERS AND VOTING CENTERS
Each voting center shall as far as practicable comprise a unit of contiguous and compact territory in every barangay. Not later than March 17, 1984, the Commission shall, through its duly authorized representative, post in the city hall or municipal building, the office of the election registrar and as far as practicable in every barangay hall a map of the city or municipality showing its division into territorial units corresponding to each voting center with their respective boundaries and indicating therein all streets and alleys in populous areas and the location of each voting center. This map shall be kept posted until after the election.
Each voting center shall be, as far as practicable at, ground level, of sufficient size to comfortably accommodate forty voters at a time outside the guard rail for the committee. It shall be located as far as practicable along a public road at the center of the barangay. A public school building, having the requirement prescribed herein, shall be preferred for use as a voting center. If no public school building is available, any other public building, a private school building, or any other private building having the prescribed requirements may be used, in that order of preference: Provided, however, That no voting center shall be located in a building owned, leased, or occupied by any candidate or of any person who is related to any candidate within the third civil degree of consanguinity or affinity, or of any officer of the government, including barangay officials, or of any officer or leader of any political party: Provided, further, That no voting center shall be located inside a military camp.
CITIZENS ELECTION COMMITTEE
No person shall be appointed watcher unless he is a qualified voter of the city or municipality, of good reputation and shall not have been convicted by final judgment of any election offense or of any other crime, must know how to read and write Pilipino, English, Spanish or any of the prevailing local dialects, and not related within the fourth civil degree of consanguinity or affinity to the chairman or any member of the citizens election committee in the voting center where he seeks appointment as a watcher.
Each candidate, political party or coalition of political parties shall designate in every province, highly urbanized city or district in the Metropolitan Manila are, a representative authorized to appoint watchers, furnishing the Provincial Election Supervisor or the City Election Registrar, as the case may be, the names of such representatives. The Provincial Election Supervisors shall furnish the Municipal Election Registrars and election registrars of component cities with the list of such representatives.
In the case of Metropolitan Manila, the designations of the persons authorized to appoint watchers shall be filed with the Commission on Elections, which shall furnish the list of such representative to the respective City and Municipal Election Registrars.
OFFICIAL BALLOTS AND ELECTION RETURNS
The provincial, city or municipal treasurer shall respectively keep a record of the official ballots and election returns furnished the various provinces with their component cities, highly urbanized cities, districts and voting centers, as the case may be, copy of which record shall be furnished the Commission immediately after the distribution is made.
No official ballot or election return shall be delivered to the citizens election committee earlier than the first hour of election day: Provided, however, That the Commission, after notice to the registered political parties or coalition of political parties, and the candidates, may, for justifiable reasons, authorize the delivery of official ballots and election returns to the committee of any particular voting center at an earlier time.
Upon the request of any candidate, political party or coalition of political parties, or of civic, religious, professional, business, service, youth, or any similar organizations collectively designated by the Commission, the latter shall allow any person designated by any of the former as watcher to observe the proceedings of the committee on the printing of official ballots and election returns, file objections, if any, witness the printing of the ballots and the returns and guard the premises of the printer.
The ballots and election returns shall be printed by the Government Printing Office, but should the Government Printing Office not have the necessary facilities and materials and if for lack of time it cannot meet the requirements of the Commission, the Commission may engage the services of a reputable printer after hearing following due notice to registered political parties, coalition of political parties and such organizations are allowed watchers in the printing and distribution of ballots and election returns. In no case shall the Government Printing Office subcontract the printing of the ballots and the election returns.
CASTING OF VOTES
It shall be unlawful for any officer or member of the Armed Forces of the Philippines, including the Philippine Constabulary, or the Integrated National Police or peace officer or any armed person belonging to any extralegal police agency, special forces, reaction forces, strike forces, home defense forces, barangay self-defense units, barangay tanods, or other similar forces, or para-military forces, including special guards, security agents, special policemen, and all other kinds of armed or unarmed extralegal police officers or personnel to enter any voting center, unless it is his voting center where he will vote but in such case he should immediately leave the voting center, and within a radius of fifty meters from such voting center; and no policeman or peace officer shall be allowed to enter or stay inside the voting center except when there is an actual disturbance of the peace and order therein. However, the committee, upon a majority vote, if it deem necessary, for the detail of a policeman or any peace officer for their protection or for the protection of the election documents and paraphernalia, in which case, the said policeman or peace officer shall stay outside the voting center within a radius of thirty meters near enough to be easily called by the committee at any time, but never inside the voting center or at the door thereof and in no case shall the said policeman or peace officer hold any conversation with any voter or disturb or prevent or in any manner obstruct the free access of the voters to the voting center. It shall likewise be unlawful for any barangay official to enter and stay inside any voting center except to vote, in which case, he shall leave the voting center immediately after voting, except as watcher, inspector, or when summoned by the committee upon a majority vote for the same purpose as stated in this section.
COUNTING OF VOTES
The rules Section 140, 154, and 155 of the 1978 Election Code, as amended, referring to block voting, including the requirement on the printing of the names of candidates in the official ballot, shall not be applicable in the election of the regular Batasang Pambansa on May 14, 1984.
The statement shall also show the date of the election, the name of the municipality and the number of the voting center in which it was held, the total number of ballots found in the compartment for valid ballots, the total number of ballots withdrawn from the compartment for spoiled ballots because they were erroneously placed therein, the total number of excess ballots, the total number of rejected ballots, and the total number of votes polled by each candidate, writing out the said number in words and figures, and, at the end of the statement, the committee shall make a certificate signed by all its members present that the contents are correct. The statement should be contained, if possible, in a single sheet of paper, but, if this is not possible, each additional sheet of every copy shall be prepared in the same manner as the first sheet and likewise signed by all the members of the committee.
The Commission shall take steps to ensure that the original copy of the election returns is clearly reproduced in its entirely in one instance on the second, third, fourth, fifth, and sixth copies thereof, and for this purpose the Commission shall acquire, if necessary, a special kind of carbon paper or chemically-treated paper.
Immediately upon the accomplishment of the election returns, each copy thereof shall in the presence of the watchers and the public be placed in the envelope especially designed for the purpose, and distributed as provided herein.
CANVASS AND PROCLAMATION
A majority of the members of the Board shall constitute a quorum for the transaction of business.
In no case shall the chairman and the members of the provincial, city, or district board of canvassers, as the case may be, be related within the fourth civil degree of consanguinity or affinity to any of the candidates in their respective jurisdiction.
In all three cases, the provisions of Presidential Decree No. 1896, as amended, on the manner of determining the dominant opposition political party in any particular constituency shall apply. For purposes of the election herein provided for, the term "dominant opposition political party" includes a coalition or aggroupment of opposition political parties.
The election registrar concerned shall place have all the returns intended for the Board of Canvassers inside a ballot box provided with three padlocks whose keys shall be kept as follows: one by the election registrar, another by the representative of the ruling party, and the third by the representative of the dominant political opposition party.
For this purpose, the two political parties shall designate their representatives, whose names shall be submitted to the election registrar concerned on or before the tenth day preceding the election. The three in possession of the keys shall personally transmit the ballot box, properly locked, containing the election returns to the Board of Canvassers. Watchers of political parties, coalition of political parties, and of organizations collectively authorized by the commission to designate watchers shall have the right to accompany transmittal of the ballot boxes containing the election returns.
It shall be unlawful for any person to delay, obstruct, impede or prevent through force, violence, coercion, intimidation or by any means which vitiates consent, the transmittal of the election returns or to take away, abscond with, destroy, deface or mutilate or substitute the election returns or the envelope or the ballot box containing the election returns or to violate the right of the watchers.
The respective Board of Canvassers shall prepare a certificate of canvass, duly signed and affixed with the imprint of the thumb of the right hand of each member, supported by a statement of the votes received by each candidate in each voting center and on the basis thereof, shall proclaim as elected the candidates who obtained the highest number of votes.
The Commission on Election shall be the sole judge and shall have exclusive jurisdiction over all pre-proclamation controversies.
The Commission is hereby vested with exclusive authority to hear and decide petitions for certiorari, prohibition and mandamus involving election cases.
The ruling of the board may be elevated to the Commission by the party adversely affected, by filing a verified petition within five days from notice thereof. After due notice and hearing, the Commission shall decide the case within ten days after the case has been submitted for resolution.
During the election period, whenever the Commission finds it necessary for the promotion of free, honest, orderly and peaceful elections in a specific area, it shall confiscate or order the confiscation of firearms of any member or members of the Armed Forces of the Philippines, Police Forces, Special Forces, Home Defense Forces, Barangay Self-Defense Units, and all other para-military units that now exist or may hereafter be organized, or of any member or members of the security or police organization of government ministries, commissions, councils, bureaus, offices, instrumentalities, or government-owned or controlled corporations and their subsidiaries, or of any member or members of privately-owned or operated security, investigative, protective or intelligence agencies performing identical or similar functions.
The heads of all reaction forces, strike forces, or similar forces shall, not later than forty-five days before the election, submit to the Commission a complete list of all members thereof with such particulars as the Commission may require.
No payment shall be made within five days before the date of election to laborers who have rendered services in projects or work except those falling under subparagraphs (aa), (bb), (cc), and (dd) of this paragraph.
This prohibition shall not apply to on-going public works projects commenced before the campaign period or similar projects under foreign agreements. For purposes of this provisions, it shall be the duty of the government officials or agencies concerned to report to the Commission the list of all such projects being undertaken by them.
If the offender is a public official or employee, he shall forfeit all benefits, gratuities or pensions due him from the government by reason of his service.
If the offense charged is punishable under a presidential decree, whether originally or by amendment of a previous law, the death penalty shall not be imposed upon the offender except where murder, rape, or arson is involved. In all cases, the penalty shall not be higher than reclusion perpetua, and the offender shall be entitled to reasonable bail and sufficient sureties to be granted speedily by the competent court. Moreover, loss of the rightly or citizenship confiscation of property shall not be imposed.
Any officer or person who shall violate any provision of this section shall be punishable by imprisonment of not less than six years and one day nor more than twelve years, with the accessory penalties for election offenses. The provisions of section 66 of this Act shall not apply to prosecutions under this section.
Sec. 74. Since 19.07.98.
Approved: March 14, 1984.
chanrobles virtual law library
Back to Main
chan robles virtual law library