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Batas Pambansa Bilang 122
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, SITTING AS A CONSTITUENT ASSEMBLY, IN ITS RESOLUTIONS
NUMBERED
TWO, THREE AND ONE, AND TO APPROPRIATE FUNDS THEREFOR.
chan
robles
virtual law library
BATAS
PAMBANSA BILANG 122AN
ACT TO SUBMIT TO THE FILIPINO PEOPLE, FOR RATIFICATION OR REJECTION,
THE
AMENDMENTS TO THE CONSTITUTION OF THE PHILIPPINES, PROPOSED BY THE
BATASANG
PAMBANSA, SITTING AS A CONSTITUENT ASSEMBLY, IN ITS RESOLUTIONS
NUMBERED
TWO, THREE AND ONE, AND TO APPROPRIATE FUNDS THEREFOR.chan
robles
virtual law library
chan
robles virtual law librarySection
1. A plebiscite shall be held
on April 7, 1981, at which amendments to the Constitution of the
Republic
of the Philippines proposed by the Batasang Pambansa, sitting as a
Constituent
Assembly, during its Third Regular Session shall be submitted to the
electorate
for their consideration.chanrobles virtual law library
Sec.
2. The said amendments shall
be published at least once in each of the English and Pilipino
newspapers
of nationwide circulation, the last publication to be made not later
than
March 17, 1981. Printed copies of the amendments shall be posted in a
conspicuous
place in every municipal, city and provincial office building not later
than March 17, 1981. Sufficient copies of the proposed amendments shall
be furnished each polling place to be available for examination by the
qualified voters during the day of the plebiscite. Whenever
practicable,
copies in the principal dialects as may be determined by the Commission
on Elections shall also be printed and used. The Commission on
Elections
is hereby empowered to promulgate rules and regulations to assure
widest
dissemination of information on the proposed constitutional amendments
through the broadcast and print media and the barangays.chanrobles virtual law library
Sec.
3. The ballots to be used in
the plebiscite shall be printed in English, and in appropriate cases,
in
Arabic as provided by the Election Code of 1978, in a form to be
prescribed
by the Commission on Elections which shall include the questions
hereinafter
stated.
OFFICIAL
BALLOT
The
Batasang Pambansa, sitting as a Constituent Assembly, in Resolution No.
2, No. 3 and No. 1 has proposed that the Constitution of the
Philippines
be amended in the particulars hereinbelow stated.
chanrobles virtual law libraryTo
vote for the approval of each of the questions covering the amendments
proposed, write the word "Yes" or its equivalent in the blank space
provided
for the purpose.chanrobles virtual law library
To
vote for the rejection thereof, write the word "No" or its equivalent.chanrobles virtual law library
QUESTION
NO. 1Do
you vote for the approval of an amendment to the Constitution and to
Amendment
No. 2, as proposed by the Batasang Pambansa in Resolution No. 2, which,
in substance, calls for the establishment of a modified parliamentary
system,
amending for this purpose Articles VII, VIII and IX of the
Constitution,
with the following principal features:chanroblesvirtuallawlibrary
chanrobles virtual law library(1)The
President is the head of state and Chief Executive of the Republic of
the
Philippines, elected by direct vote of the people for a term of six
years.
He has control of the Ministries. He formulates the guidelines of
national
policy. He nominates the Prime Minister and the Deputy Prime Minister
to
be elected by the Batasang Pambansa. Upon the advice of the Prime
Minister
in writing, whenever the need arises for a vote of confidence on a
fundamental
issue, the President may dissolve the Batasang Pambansa and call for an
election on a date set by him. However, the Batasang Pambansa may not
be
dissolved: 1) within eighteen (18) months preceding a regular election
of the Batasang Pambansa; 2) within eighteen (18) months immediately
following
such election; 3) during the pendency of impeachment proceedings
against
the President; or 4) when the Executive Committee or the Speaker, in
appropriate
cases, exercises the powers or discharges the duties of the President.
The President shall be immune from suit during his tenure. Thereafter,
no suit whatsoever shall lie for official acts done by him or by others
pursuant to his specific orders during his tenure. This immunity shall
apply to the incumbent President referred to in Article XVII of this
Constitution.
(2)The
legislative power is vested in the Batasang Pambansa to be composed of
not more than 200 members unless otherwise provided by law, including
regional
and sectoral representatives, and members of the Cabinet chosen by the
President. The regional and sectoral representatives shall have a term
of six years. The regular election for the members of the Batasang
Pambansa
shall be held on the second Monday of May, 1984, and every six years
thereafter.
The Batasang Pambansa elects the Prime Minister upon nomination by the
President. It may withdraw its confidence from the Prime Minister, in
which
case, the President may within ten days from advice of the adoption of
the motion of non-confidence, submit to the Batasang Pambansa a nominee
for Prime Minister. It calls for the election of President in case of
permanent
disability, death, removal from office or resignation of the President.
In addition to the existing disqualifications, its Members may not
appear
as counsel in any criminal case wherein a government officer or
employee
is accused of an offense committed in relation to his office.chanrobles virtual law library
(3)The
Executive Committee is composed of not more than 14 members designated
by the President, at least half of whom shall be members of the
Batasang
Pambansa. It is headed by the Prime Minister. The Executive Committee
assists
the President in the exercise of his powers and functions and in the
performance
of his duties as he may prescribe. The Executive Committee shall
exercise
the powers and discharge the duties of the President until a President
is elected and qualified in the following cases: (a) if the
President-elect
dies; or (b) fails to qualify before the beginning of his term; or (c)
if the President has not been chosen before the start of his term. In
case
of permanent disability, death, removal from office or resignation of
the
President, the Executive Committee headed by the Prime Minister as
hereinafter
provided shall exercise the powers of the President until a President
shall
have been elected and qualified. If the permanent disability, death,
removal
from office or resignation of the President occurs earlier than
eighteen
(18) months before the expiration of his term, the Batasang Pambansa
shall,
within thirty days from the time the vacancy occurs, call a special
election
to be held not earlier than thirty-five days nor later than sixty days
from the time of such call, to elect a President to serve the unexpired
term. In the absence of the Executive Committee, the Speaker of the
Batasang
Pambansa shall act as President until a President shall have been
elected
and qualified. chanrobles virtual law library
(4)The
Cabinet, headed by the Prime Minister, shall be composed of Ministers
with
or without portfolio appointed by the President. At least a majority of
the Cabinet who are heads of ministries shall come from the Regional
Representatives
of the Batasang Pambansa.chanrobles virtual law library
(5)The
Prime Minister is the head of the Cabinet and of the Executive
Committee.
He is elected by the Batasang Pambansa upon nomination by the President
from among the Members. The Prime Minister and the Cabinet shall be
responsible
to the Batasang Pambansa for the program of government approved by the
President.chanrobles virtual law library
The
Deputy Prime Minister, elected by the Batasang Pambansa, upon
nomination
by the President from among the Members thereof, performs functions
assigned
to him by the Prime Minister.chanrobles virtual law library
QUESTION
NO. 2Do
you vote for the approval of an amendments to the Constitution of the
Philippines,
as proposed by the Batasang Pambansa in Resolution No. 3, which, in
substance,
institutes electoral reforms, namely:chanroblesvirtuallawlibrary
chanrobles virtual law library(1)Except
as member of the Executive Committee, no elective official shall be
eligible
for appointment to any office or position during his tenure, unless
otherwise
provided by law, amending for this purpose paragraph (1) Section 4 of
Article
XII-B;
(2)Accreditation
of political parties whose candidates for President obtained the first
and second highest number of votes in the last preceding presidential
election
under this Constitution if each has obtained at least ten percent (10%)
of the total number of votes cast, amending for this purpose Section 8
of Article XII-C;chanrobles virtual law library
(3)Grant
to accredited political parties the right to be represented in the
registration
board, board of election inspectors, board of canvassers, or similar
bodies;
as well as grant to accredited political parties of other rights or
privileges
as may be provided by law; amending for this purpose paragraph (2),
Section
9, Article XII-C; andchanrobles virtual law library
(4)Change
of political party affiliation by an elective public officer during his
term of office, or by a candidate for an elective office within six
months
immediately preceding or following an election shall be prohibited,
unless
otherwise provided by law, amending for this purpose Section 10,
Article
XII-C.chanrobles virtual law library
QUESTION
NO. 3Do
you vote for the approval of an amendment to the Constitution of the
Philippines,
as proposed by the Batasang Pambansa in Resolution No. 1, which, in
substance,
provides that a natural-born citizen of the Philippines who has lost
his
Philippine citizenship may be a transferee of private land, for use by
him as his residence, as the Batasang Pambansa shall provide, amending
for this purpose Section 14 of Article XIV of the Constitution?chanrobles virtual law library
Sec.
4. The Citizens Election Committees
that functioned in the local elections of January 30, 1980 are hereby
reappointed
to serve in the same polling centers subject to the power of the
Commission
on Elections to make new appointments or transfers whenever the need
arises.
chanrobles virtual law library
Sec.
5. The Citizens Election Committees
shall prepare and sign three copies of the returns of the plebiscite in
their respective voting centers on a form to be prescribed by the
Commission
on Elections. One copy shall be deposited in the ballot box for valid
ballots,
and two copies shall be delivered to the Municipal Election Registrar
who
shall immediately deliver the original copy to the Provincial Election
Officer and forward the other to the Commission on Elections.chanrobles virtual law library
Sec.
6. Upon the completion of the
canvass, the Provincial or City Board of Canvassers as the case may be
shall prepare a certificate of canvass in duplicate. The original shall
be delivered to the Commission on Elections in Manila by the fastest
possible
means, one copy to be filed in the Office of the Provincial Election
Officer.chanrobles virtual law library
Sec.
7. The Commission on Elections,
sitting en banc, shall 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.chanrobles virtual law library
Sec.
8. The Commission on Elections
shall promulgate rules and regulations to carry out the provisions of
this
Act.
Sec.
9. The expenses for such plebiscite
shall be charged to the appropriations of the Commission on Elections
authorized
for the purpose in the current annual General Appropriations Act. In
case
of deficiency, the appropriations herein provided may be augmented from
funds currently authorized in the General Appropriations Act under the
Special Activities Fund.chanrobles virtual law library
Sec.
10. The plebiscite shall be conducted
and supervised by the Commission on Elections and shall be governed by
the pertinent provisions of the 1978 Election Code and other applicable
laws.chanrobles virtual law library
Sec.
11. This Act shall take effect
upon its approval.chanrobles virtual law library
Approved:
March 10, 1981
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