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Batas Pambansa Bilang 52
AN
ACT GOVERNING THE ELECTION OF LOCAL GOVERNMENT OFFICIALS.
chan
robles
virtual law library
BATAS
PAMBANSA BILANG 52AN
ACT GOVERNING THE ELECTION OF LOCAL GOVERNMENT OFFICIALS.chan
robles
virtual law library
chanrobles virtual law librarySection
1. Election of Certain
Local Officials. — There shall be an election of provincial governors,
provincial vice-governors, city and municipal mayors, municipal
district
mayors, city and municipal vice-mayors, municipal district vice-mayors,
and members of each Sangguniang Panlalawigan, Sangguniang Panlungsod
and
Sangguniang Bayan, including the elective officials in the cities and
municipalities
of the Metropolitan Manila area. The election shall be held on January
30, 1980.chanrobles virtual law library
Sec.
2. Assumption of Office.
— The local officials elected shall assume office within thirty (30)
days
after their proclamation, but not earlier than the first Monday of
March
1980.chanrobles virtual law library
Sec.
3. Qualifications. — An
elective local official must be a citizen of the Philippines, a
qualified
voter; resident of the district, municipality, city or province where
he
proposes to be elected, as the case may be, for at least six (6) months
at the time of the filing of his certificate of candidacy; must be at
least
twenty one (21) years of age on election day; and must be able to read
and write.
Sec.
4. Special Disqualifications.
— In addition to violations of Section 10 of Article XII (C) of the
Constitution
and disqualifications mentioned in existing laws, which are hereby
declared
as disqualifications for and of the elective officials enumerated in
Section
1 hereof, any retired elective provincial, city or municipal official,
who has received payment of the retirement benefits to which he is
entitled
under the law and who shall have been 65 years of age at the
commencement
of the term of office to which he seeks to be elected, shall not be
qualified
to run for the same elective local office from which he has
retired. chanrobles virtual law library
Any
person who has committed any act or disloyalty to the State, including
acts amounting to subversion, insurrection, rebellion or other similar
crimes, shall not be qualified to be a candidate for any of the offices
covered by this Act, or to participate in any partisan political
activity
therein: Provided, That a judgment of conviction for any of the
aforementioned
crimes shall be conclusive evidence of such fact and the filing of
charges
for the commission of such crimes before a civil court or military
tribunal
after preliminary investigation shall be prima facie evidence of such
fact.chanrobles virtual law library
Any
person who is a permanent resident of, or an immigrant to a foreign
country,
shall not be qualified to run for any elective office under this Act.chanrobles virtual law library
Any
person who offers a false testimony against a candidate by reason
whereof
charges are filed against him for any of the offenses above-enumerated
shall, upon conviction be sentenced to suffer the penalty one degree
higher
than that provided for in the Revised Penal Code and without prejudice
to actual, moral and exemplary damages.chanrobles virtual law library
Sec.
5. Failure of Election.
— Whenever for any serious cause such as violence, terrorism, loss or
destruction
of election paraphernalia or records, force majeure and other analogous
causes of such a nature that the holding of a free, orderly and honest
election should become impossible, the election for a local office
fails
to take place on the date fixed by law, or is suspended, or such
election
results in a failure to elect, the Commission on Elections shall, on
the
basis of a verified petition and after due notice and hearing, call for
the holding or continuation of the election as soon as practicable.chanrobles virtual law library
Sec.
6. Election and Campaign
Period. — The election period shall be fixed by the Commission on
Elections
in accordance with Section 6, Article XII (C) of the Constitution. The
period of campaign shall commence on December 29, 1979, and terminate
on
January 28, 1980.chanrobles virtual law library
Sec.
7. Certificate of Candidacy.
— The sworn certificate of candidacy shall be filed in triplicate not
later
than January 4, 1980.
Certificates
of candidacy for city, municipal and municipal district offices shall
be
filed with the election registrar concerned while certificates of
candidacy
for provincial offices shall be filed with the provincial election
officer:
Provided, however, That certificates of candidacy for the
aforementioned
offices may be filed directly with the Commission on Elections.
The
election registrar and the provincial election officer shall send the
original
copies of all certificates of candidacy received by them to the
Commission
not later than two (2) days after receipt thereof.
Except
as herein provided, the pertinent provisions of the 1978 Election Code
on certificates of candidacy shall be applicable to the elections
herein
contemplated.chanrobles virtual law library
The
Commission on Elections shall, motu proprio, or upon sworn petition of
any voter, political party or candidate, after due notice and hearing,
refuse to give due course to a certificate of candidacy if it is shown
that the person filing the same does not possess all the necessary
qualifications
for the office concerned or is disqualified from running for said
office
as provided by law.chanrobles virtual law library
Sec.
8. Registration of Voters.
— The provisions of the 1978 Election Code on registration of voters
shall
be applicable: Provided, however, That for the purpose of the election
herein provided, the Commission on Elections is hereby empowered to
order,
when the necessity therefor arises, registration in the voting centers:
Provided, further, that the number of days to be fixed for the purpose
shall not exceed two (2) days, the last day to be at least seven (7)
days
before the date of the election.chanrobles virtual law library
Sec.
9. Preparation of Official
Ballots and Manner of Election. — The preparation and printing of the
official
ballots and the manner of election shall be governed by the pertinent
provisions
of Presidential Decree No. 1296, otherwise known as cited as "The 1978
Election Code": Provided, That in case the Commission on Elections
finds
it impractical or due to lack of sufficient time to print in the
official
ballot the ticket of duly accredited or registered political parties or
the names of individual candidates as required under the 1978 Election
Code, the printing of the certified list of the official tickets and
the
names of individual candidates and the posting of copies thereof in
each
voting booth during the hours, of voting shall be considered sufficient
and substantial compliance with this requirement.chanrobles virtual law library
Sec.
10. Provincial Board of
Canvassers. — The provincial board of canvassers shall be composed of
the
provincial election officer 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.
Sec.
11. City Board of Canvassers.
— The city board of canvassers shall be composed of a representative of
the Commission who should be a lawyer, as chairman, and the city fiscal
and the city superintendent of schools, as members.chanrobles virtual law library
Sec.
12. Municipal or Municipal
District Board of Canvassers. — The municipal or municipal district
board
of canvassers shall be composed of a representative of the Commission
as
chairman, the municipal district treasurer and the most senior district
supervisor or in his absence any ranking public official of the
Ministry
of Education in the municipality or municipal district as members.
Sec.
13. Quorum. — A majority
of the members of the board of canvassers shall constitute a quorum.chanrobles virtual law library
Sec.
14. Disqualification Due
to Relationship. — In no case shall the chairman and the members of the
provincial, city, municipal, and municipal district boards of
canvassers
be related within the fourth civil degree of consanguinity or affinity
to any of the candidates in their respective jurisdictions.chanrobles virtual law library
Sec.
15. Incapacity and Substitution
of Members of Board of Canvassers. — In case of non-availability,
absence,
disqualification due to relationship, or incapacity for any cause of
the
chairman or any member of the provincial, city, municipal or municipal
district board of canvassers; the Commission shall authorize the
substitute
to assume.chanrobles virtual law library
Sec.
16. Election Returns. —
The provisions of the 1978 Election Code on election returns shall be
applicable
to the elections herein contemplated: Provided, however, That the
quadruplicate
copies of the election returns shall be distributed as follows: the
first
copy of the election returns shall be delivered to the election
registrar
of the city, municipal or municipal district for transmittal to the
Commission
on Elections, to second copy shall be delivered to the provincial
election
officer for use in the provincial canvass; the third copy shall be
delivered
to the chairman of the city, municipal or municipal district board of
canvassers
for use in the canvass by said body; the fourth copy shall be deposited
in the compartment for valid ballots.
Sec.
17. Powers of the Commission
on Elections. — The Commission on Elections shall, with respect to the
election herein provided, exercise such powers and jurisdiction and
discharge
such duties as are conferred upon it by the Constitution and by law.
Sec.
18. Applicability. — The
provisions of the 1978 Election Code, including all the provisions of
Section
140, shall govern the election of local officials insofar as they are
not
inconsistent with the provisions of this Act: Provided, That in case
the
number of public school teachers available to serve in the citizens
election
committees is insufficient, the Commission on Elections may appoint
private
school teachers, members of the katipunan ng mga kabataang kawani of
the
Civil Service Commission, ROTC cadets, or members of barangay councils.
Sec.
19. Funding. — The costs
of conducting local elections shall be charged to the appropriations of
the Commission on Elections authorized for the purpose and any
deficiency
thereof shall be covered by appropriations authorized for special
priority
activities of government as embodied in the Special Activities Fund or
its equivalent.chanrobles virtual law library
Sec.
20. Separability clause.
— The provisions of this Act are hereby declared to be separable, and
in
the event any one or more of such provisions are held unconstitutional,
such shall not affect the validity of the other provisions.chanrobles virtual law library
Sec.
21. Effectivity. — This
Act shall take effect upon its approval.chanrobles virtual law library
Approved:
December 22, 1979
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