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Batas Pambansa Bilang 125
AN
ACT PROVIDING FOR THE ELECTION OF PRESIDENT OF THE PHILIPPINES UNDER
THE
CONSTITUTION, AS AMENDED, AND APPROPRIATING FUNDS THEREFOR.
chan
robles
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BATAS
PAMBANSA BILANG 125AN
ACT PROVIDING FOR THE ELECTION OF PRESIDENT OF THE PHILIPPINES UNDER
THE
CONSTITUTION, AS AMENDED, AND APPROPRIATING FUNDS THEREFOR.chan
robles
virtual law library
chan
robles virtual law librarySection
1. Date of election. —
The election for President under the Constitution, as amended, shall be
held on June 16, 1981.
Sec.
2. Direct vote. — All registered
voters shall be entitled to vote in the election herein provided.chanrobles virtual law library
Sec.
3. Registration in the
voting center and preparation of the list of voters. — The Citizens
Election
Committee, in voting centers determined by the Commission on Elections,
shall meet on May 30, 1981, to receive and act on applications for
registration
of qualified voters, from seven o'clock in the morning to four o'clock
in the afternoon. Thereafter, the Citizens Election Committee shall
immediately
continue its meeting to prepare the list of voters in accordance with
the
Election Code of 1978. No further registration shall be allowed within
ten days prior to the day of election. For this purpose, the Election
Registrar
shall deliver to the Citizens Election Committee the Precinct Book of
Voters
corresponding to the voting center concerned. chanrobles virtual law library
Sec.
4. Certificate of candidacy.
— No person shall be elected President of the Philippines unless he
files
in triplicate with the Commission on Elections, not later than April
28,
1981, a sworn certificate of candidacy in the form prescribed by the
Commission
on Elections in accordance with the 1978 Election Code.chanrobles virtual law library
Sec.
5. Nomination of official
candidates. — Political parties, coalitions, and other similar groups
or
organizations shall submit to the Commission on Elections a certificate
of nomination of their respective official candidates not later than
April
28, 1981.
Sec.
6. Election and campaign
periods. — The election period shall be fixed by the Commission on
Elections
in accordance with Section 6, Article XII (C) of the Constitution. The
campaign period shall commence on April 24, 1981 and terminate on June
14, 1981.
Sec.
7. Composition of Citizens
Election Committees. — For purposes of the election herein provided,
the
Commission on Elections shall directly or through its duly authorized
representatives,
appoint a Citizens Election Committee for each election precinct to be
composed of a chairman and four members, one of whom shall be
designated
concurrently as poll clerk.chanrobles virtual law library
The
chairman, the poll clerk and one member, as well as their corresponding
substitutes, shall be public school teachers, precedence 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. The public school teachers and other individuals who served
in
the Citizens Plebiscite Committees on April 7, 1981 shall continue to
serve
in the same polling centers, subject to the powers of the Commission on
Elections to make new appointments or transfers whenever the need
arises. chanrobles virtual law library
The
appointment of the other two members and their substitutes shall be
proposed
by the accredited political parties.
Sec.
8. Pay of chairman and
members of the Citizens Election Committee. — The chairman and members
of the Citizens Election Committee shall each receive a per diem of
fifty
pesos on election day and twenty-five pesos for every meeting day
before
election. The per diem shall be paid on election day and on each
meeting
day. chanrobles virtual law library
Sec.
9. Election returns. —
The Citizens Election Committee shall prepare in handwriting and sign
the
return of the election in quintuplicate in their respective voting
centers
on a form to be prescribed by the Commission on Elections. One copy
shall
be deposited in the compartment of the ballot box for valid ballots,
and
in the case of municipalities or municipal districts, two copies
including
the original copy shall be handed to the municipal Election Registrar
who
shall immediately deliver the original copy to the Provincial Election
Officer and forward the other copy to the Commission on Elections, and
one copy each to the authorized representatives of the accredited
political
parties or groups. In the case of cities, the City Registrar shall
retain
the original copy and forward the other copy to the Commission on
Elections.
Sec.
10. Composition and appointment
of Provincial and City Board of Canvassers. — (1) The Provincial Board
of Canvassers shall be composed of the Provincial Election Officer or a
representative of the Commission on Elections, as chairman, and the
following
as members: the Provincial Fiscal, the Division or Provincial
Superintendent
of Schools, and two representatives of the accredited political
parties:
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.chanrobles virtual law library
(2) The
City Board of Canvassers shall be composed of a representative of the
Commission
on Elections who should be a lawyer, as chairman, and the following as
members: the City Fiscal, City Superintendent of Schools, and two
representatives
of the accredited political parties. chanrobles virtual law library
Sec.
11. Canvass by the Provincial
and City Boards of Canvassers. — The Provincial or City Boards of
Canvassers,
as the case may be, shall meet not later than six o'clock in the
evening
on election day to canvass the returns that may have already been
received
by them, respectively. It shall meet continuously from day to day until
the canvass is completed, but may adjourn only for the purpose of
awaiting
the other election returns. Each time the board adjourns it shall make
a total of all the votes cast for each candidate for President,
furnishing
the Commission on Elections in Manila by the fastest means of
communication
a copy thereof, and making available the data contained therein to mass
media and other interested parties. As soon as the other election
returns
are delivered, the Board shall immediately resume canvassing until all
the votes cast in the province or city have been canvassed. Upon the
completion
of the canvass, the board shall make a statement of all votes received
by each candidate for the Office of the President. Upon the completion
of the statements, the board shall certify and transmit the returns as
provided in the Constitution.chanrobles virtual law library
The
Provincial and City Boards of Canvassers shall prepare the certificate
of election returns, supported by a statement of votes by voting
center,
for the election of President, in quintuplicate by the use of carbon
papers
or such other means as the Commission on Elections shall prescribe to
the
end that all five copies shall be produced in one handwriting. Upon the
completion of these certificates and statements, they shall be enclosed
in envelopes furnished by the Commission and sealed, and immediately
distributed
as follows: the original copy shall be enclosed and sealed in the
envelope
directed to the Speaker and delivered to him at the Batasang Pambansa
by
the fastest possible means; and the second copy shall likewise be
enclosed
and sealed in the envelope directed to the Commission on Elections; the
third copy shall be retained by the Provincial Elections Officer, in
the
case of the Provincial Board of Canvassers, and by the City Election
Registrar,
in the case of the City Board of Canvassers; and one copy each to the
authorized
representative of the accredited political parties or groups.
Sec.
12. Counting of votes.
— The returns of election for President, duly certified by the Board of
Canvassers of each province or city, shall be transmitted to the
Speaker
of the Batasang Pambansa, who shall, not later than June 21, 1981, and
in the presence of the Batasang Pambansa open all the certificates, and
the votes shall then be counted. chanrobles virtual law library
The
person having the highest number of votes shall be proclaimed elected;
but in case two or more shall have an equal and the highest number of
votes,
one of them shall forthwith be chosen by a vote of a majority of all
the
Members of the Batasang Pambansa in session assembled.chanrobles virtual law library
Sec.
13. When certificate of
canvass is incomplete or bears erasures or alterations. — When the
certificate
of canvass, duly certified by the Board of Canvassers of each province
or city, and transmitted to the Speaker of the Batasang Pambansa as
provided
in the Constitution, appears to be incomplete, the Speaker shall
require
the Board of Canvassers concerned to transmit to his office, by
personal
delivery, the statement from voting centers that were not included in
the
returns transmitted. Said supplemental certificate of canvass shall be
prepared in the same manner as provided for in Section ten hereof and
submitted
by personal delivery to the Speaker within two days from receipt of
notice. chanrobles virtual law library
When
it appears that any certificate of canvass or supporting statement of
votes
by precinct bears erasures or alterations which may cast doubt as to
the
veracity of the number of votes stated therein and may affect the
result
of the election, the Batasang Pambansa upon request of the presidential
candidate concerned or his party shall, for the sole purpose of
verifying
the actual number of votes cast for President count the votes as they
appear
in the statement of election returns from all the precincts in the
province
or city in question; and for this purpose, the Speaker shall require
the
Provincial Election Officer or City Registrar concerned to deliver
personally
to the Batasang Pambansa the copy of such statements of election
returns
canvassed by the provincial or city board of canvassers; and may also
require
the Commission on Elections to place its copy of such statements of
election
returns at the disposal of the Batasang Pambansa. chanrobles virtual law library
Sec.
14. Correction of errors
in returns already transmitted to the Speaker. — No correction of
errors
allegedly committed in the returns already transmitted to the Speaker
of
the Batasang Pambansa shall be received and given due course. chanrobles virtual law library
Sec.
15. Applicability of the
1978 Election Code and other laws. — The election 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
not inconsistent with this Act.
Sec.
16. Rules and regulations.
— The Commission on Elections shall promulgate rules and regulations to
implement this Act.
Sec.
17. Separability Clause.
— If for any reason any section or provision of this Act or any portion
thereof, or the application of such section, provision or portion to
any
person, group or circumstance, is declared invalid or unconstitutional,
the remainder of the Act or the application of such provision to other
persons, groups or circumstances shall not be affected by such
declaration. chanrobles virtual law library
Sec.
18. Appropriations. — The
cost of the election shall be charged to the appropriations of the
Commission
on Elections authorized for the purpose in the current General
Appropriations
Act. In case of deficiency, the appropriations herein provided may be
augmented
from the special activities fund intended for special priority
activities
currently authorized in the General Appropriations Act.
Subject
to accounting rules and regulations, the Commission on Elections shall
prescribe the procedures and requirements for the reimbursement of
actual
expenses incurred by public school teachers in connection with the
performance
of their duties as chairman and members of the Citizens Election
Committees.
The reimbursements above authorized shall be chargeable to the
appropriations
herein provided. chanrobles virtual law library
Sec.
19. Effectivity and applicability.
— This Act shall take effect upon its approval and shall be applicable
only to the presidential election of 1981. In case of conflict or
inconsistency
with other laws, decrees, orders, rules and regulations, or parts
thereof,
the provisions of this Act shall prevail.chanrobles virtual law library
Approved:
April 20, 1981
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