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Batas Pambansa Bilang 697
AN
ACT TO GOVERN THE ELECTION OF MEMBERS OF THE BATASANG PAMBANSA ON MAY
14,
1984 AND THE SELECTION OF SECTORAL REPRESENTATIVES THEREAFTER,
APPROPRIATING
FUNDS THEREFOR AND FOR OTHER PURPOSES.
chan
robles
virtual law library
BATAS
PAMBANSA BILANG 697AN
ACT TO GOVERN THE ELECTION OF MEMBERS OF THE BATASANG PAMBANSA ON MAY
14,
1984 AND THE SELECTION OF SECTORAL REPRESENTATIVES THEREAFTER,
APPROPRIATING
FUNDS THEREFOR AND FOR OTHER PURPOSES.chan
robles
virtual law library
chanrobles virtual law libraryARTICLE
I
GENERAL
PROVISIONSSection
1. Title and applicability.
— This Act shall be known and cited as "The Law on the 1984 Batasang
Pambansa
Election." It shall govern the election for the regular Batasang
Pambansa
which shall be held on May 14, 1984, and the selection of sectoral
representatives
thereafter as provided by the Constitution.chanrobles virtual law library
Sec.
2. Election and campaign
periods. — Unless otherwise fixed by the Commission on Elections,
hereinafter
referred to as the Commission, in special cases, the election period
shall
commence ninety days before the day of the election and shall end
thirty
days thereafter.
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.
ARTICLE
II
ELECTION
OF MEMBERS FROM THE PROVINCES AND THEIR COMPONENT CITIES, HIGHLY
URBANIZED
CITIES AND DISTRICTS IN METROPOLITAN MANILA
Sec.
3. Voting by province and
its component cities, by highly urbanized city or by district in
Metropolitan
Manila. — All candidates shall be voted at large by the registered
voters
of their respective constituencies. The candidates corresponding to the
number of Member or Members to be elected in a constituency who receive
the highest number of votes shall be declared elected. chanrobles virtual law library
ARTICLE
III
SELECTION
OF SECTORAL REPRESENTATIVES
Sec.
4. Sectoral representatives.
— There shall be three sectors to be represented in the Batasang
Pambansa,
namely: (1) youth; (2) agricultural labor; and (3) industrial labor
whose
representatives shall be selected by the President from the nominees of
their respective sectors in the manner herein provided. Each sector
shall
be entitled to four representatives, two of whom shall come from Luzon,
one from Vises, and one from Mindanao: Provided, That the youth sector
shall be entitled to two additional sectoral representatives who shall
be selected from any part of the country.
Sec.
5. Scope of the Sectors.
— The agricultural labor sector covers all persons who personally and
physically
till the land as their principal occupation. It includes agricultural
tenants
and lessees, rural, workers and farm employees, owner-cultivators,
settlers
and small fishermen. chanrobles virtual law library
The
industrial labor sector includes all non-agricultural workers and
employees.
The
youth sector embraces persons not more than twenty-five years of age.
Sec.
6. Selection of sectoral
representatives. — Not later than twenty days after the election of
provincial,
city or district representatives, the most representative and generally
recognized organizations or aggroupments of members of the agricultural
labor, industrial labor, and youth sectors, as attested to by the
Minister
of Labor and Employment, and the Ministers of Local Government and of
Education,
Culture and Sports, respectively, shall in accordance with the
procedures
of said organizations or President their respective nominees for each
slot
allotted from each sector. The President shall appoint from among the
nominees
submitted by the aforementioned organizations or aggroupments the
representatives
of each sector.
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:
(a) The
extent of membership and activity of the organization or aggroupment
which
should be national;
(b) The
responsiveness of the organization or aggroupment to the legitimate
aspirations
of its sector;
(c) The
militancy and consistency of the organization or aggroupment in
espousing
the cause and promoting the welfare of the sector consistent with that
of the whole country;
(d) The
observance by such organization or aggroupment of the rule of law;
and
(e) Other
analogous factors.
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. chanrobles virtual law library
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.
ARTICLE
IV
RIGHTS
OF POLITICAL PARTIES
Sec.
7. Political party. — "Political
party" or "party", when used in this Act, means an organized group of
persons
pursuing the same ideology, political ideals of platform of government
and includes its branches and divisions. To acquire juridical
personality
and to entitle it to the rights and privileges herein provided for
political
parties, a political party shall first be duly registered with the
Commission.
Any registered political party that singly or in coalition with others
fails to obtain at least three percent of the votes cast in the
constituency
in which it nominated and supported a candidate or candidates in the
election
next following its registration shall, after notice and hearing, be
deemed
to have forfeited such status as a registered political party, in such
constituency.
Sec.
8. Registration. — Any
organized group of persons seeking registration as a political party
may
file with the Commission a verified petition attaching thereto its
constitution,
by-laws, program of government and such other relevant information as
may
be required by the Commission.
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.
Sec.
9. Selection of party candidates.
— Any registered political party or coalition or political parties may
hold its convention, caucus, consensus, conference or any such other
methods
to select its official candidates at any time before March 27,
1984.
Sec.
10. Submission of party
nomination. — The nomination of the official candidates of a registered
political party or coalition of political parties, duly signed and
attested
under oath by its President or Chairman, Secretary-General or any other
party official duly authorized to do so, shall be personally filed by
the
party officers concerned or their duly authorized representatives with
the Commission or other officials authorized by the Commission to
receive
such nominations, not later than March 27, 1984. chanrobles virtual law library
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.
Sec.
11. Coalition of political
parties. — Registered political parties shall have the right to
coalesce
and combine or unite their forces and present common candidates in any
constituency.
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.
ARTICLE
V
ELIGIBILITY
OF CANDIDATES AND CERTIFICATES OF CANDIDACY
Sec.
12. Qualifications of Members
of the Batasang Pambansa. — No person shall be elected Member of the
Batasang
Pambansa unless he is a natural-born, is at least twenty-five years of
age, able to read and write, a registered voter in the political
subdivision
in which he shall be elected and a resident thereof for a period of not
less than six months immediately preceding the day of the election.
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. chanrobles virtual law library
Sec.
13. Effects of filing of
certificate of candidacy. — (1) Any person holding a public appointive
office or position, including active officers and members of the Armed
Forces of the Philippines and the Integrated National Police, as well
as
officials and employees of government-owned and government-controlled
corporations
and their subsidiaries, shall ipso facto cease in office or position as
of the time he filed his certificate of candidacy: Provided, however,
That
the Prime Minister the Deputy Prime Minister, the Members of the
Cabinet,
and the Deputy Ministers shall continue in the offices they presently
hold
notwithstanding the filing of their certificates of candidacy.
(2) Governors,
mayors, members of the various sanggunians or barangay officials shall,
upon filing a certificate of candidacy, be considered on forced leave
of
absence from office.
Sec.
14. Change of political
affiliation. — Any person, including an elective official, may change
his
party affiliation for purposes of the election herein provided
for. chanrobles virtual law library
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.
Sec.
15. Certificate of candidacy.
— No person shall be eligible for election as Member of the Batasang
Pambansa
unless he files a sworn certificate of candidacy not later than March
27,
1984.
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. chanrobles virtual law library
Sec.
16. Contents of certificate
of candidacy. — The certificate of candidacy shall state that the
person
filing it is announcing his candidacy for the office of Member of the
Batasang
Pambansa and that he is eligible for said office; the province and its
component city or cities, highly urbanized city, or the district in
Metropolitan
Manila which he seeks to represent, as the case may be; the political
party
or coalition of political parties to which he belongs, if any, and
whether
he is the official candidate of such political party or coalition, if
such
be the case; civil status, and if married, the full name of his or her
spouse; his date of birth, residence, and his post office address for
all
election purposes; his profession or occupation; the voting center
where
he is duly registered; that he will support and defend the Constitution
of the Republic of the Philippines and will maintain true faith and
allegiance
thereto; that he will obey the laws and legal orders promulgated by the
duly constituted authorities; that the obligation imposed by his oath
is
assumed voluntarily, without mental reservation or purpose of evasion;
and that the facts stated in the certificate of candidacy are true of
his
own personal knowledge.
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. chanrobles virtual law library
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.
Sec.
17. Filing and distribution
of a certificate of candidacy. — (a) The certificate of candidacy of a
person running for election as representative of a province and its
component
city or cities, highly urbanized city, or district in Metropolitan
Manila,
shall be filed in five legible copies on any day not later than March
27,
1984 with the Provincial Election Supervisor, City or Municipal
Election
Registrar or the Commission, as the case may be: Provided, That in
cases
of postponement or failure of election, no additional certificate of
candidacy
shall be accepted except in cases of substitution of candidates as
prescribed
in this Act. In case there are two or more election registrars in a
district
of Metropolitan Manila, the Commission shall designate the election
registrar
authorized to receive certificates of candidacy.
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.
(b) The
Provincial Election Supervisor or Election Registrar, as the case may
be,
shall immediately forward the certificate of candidacy by registered
mail
to the Commission. The additional copies of the certificate of
candidacy
shall be distributed to the voting center within his territorial
jurisdiction
through the municipal or city treasurer, together with the official
ballots,
election returns and other election forms or paraphernalia.
Sec.
18. Candidates in case
of death, withdrawal or disqualification of another. — If after the
last
day for the filing of certificates of candidacy, an official candidate
of a registered political party or coalition of political parties
should
die, withdraw or become disqualified for any cause, only a person
belonging
to, and certified by the same political party or coalition of political
parties may file a certificate of candidacy to replace the candidate
who
died, withdrew or became disqualified. The substitute candidate
nominated
by the political party or coalition of political parties concerned may
file his certificate of candidacy for the office affected in accordance
with the preceding sections on or before mid-day of the day of the
election.
In the case of independent or partyless candidates, the provisions of
Section
28 of Presidential Decree No. 1296, the 1978 Election Code, shall apply.chanrobles virtual law library
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.
Sec.
19. Withdrawal or cancellation
of certificates of candidacy. — No certificates of candidacy shall be
considered
withdrawn or cancelled unless the candidate files with the office with
which he filed the same or with the Commission, a sworn statement of
withdrawal
or cancellation at any time before the day of election.
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. chanrobles virtual law library
Sec.
20. Ministerial duty of
receiving and acknowledging receipts. — The Commission, Provincial
Election
Supervisor or City or Municipal Election Registrar shall have the
ministerial
duty to receive the certificates of candidacy referred to herein as
well
as nominations of registered political parties or coalition of such
parties
and to immediately acknowledge receipt thereof: Provided, That in all
cases
the Commission may motu proprio or upon a verified of a candidate or an
interested party or registered political party or coalition of
political
parties, refuse to give due course to a certificate of candidacy if it
is shown, after the person who filed such certificate shall have been
given
the opportunity to be heard, that said certificate has been presented
and
filed to cause confusion among the voters by the similarity of the
names
of the registered candidates, together with other circumstances which
demonstrate
that the candidate has no bona fide intention to run for the office for
which the certificate of candidacy has been filed and thus prevent a
faithful
determination of the true will of the electorate: and Provided,
finally,
That no case shall be initiated either motu proprio by the Commission
or
by verified petition after April 2, 1984; and all cases duly initiated
or filed shall be decided by the Commission as expeditiously as
possible.
ARTICLE
VI
REGISTRATION,
PREPARATION OF LISTS OF VOTERS AND VOTING CENTERS
Sec.
21. Registration, preparation
of lists and voting centers. — The registration, preparation of the
list
and the procedures for the inclusion and exclusion of voters, and such
other matters in connection therewith shall be governed by Presidential
Decree No. 1896, dated January 11, 1984. The voting centers used for
purposes
of the registration of voters under the said Decree shall be used for
the
election on May 14, 1984, without prejudice to such transfers, mergers
or splitting of voting centers and establishment of new ones as may be
authorized by the Commission: Provided, however, That no voting center
shall be transferred, merged, split, created or established within
thirty
days before May 14, 1984.chanrobles virtual law library
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.
Sec.
22. Posting of list of
candidates. — The Commission shall post inside each polling booth above
the writing board and in some other conspicuous places in the voting
center
on the day before the election a certified list containing the names of
all the candidates to be voted for, arranged in such a manner as shall
not give undue advantage to any candidate, and printed in bold and
legible
form, and shall at all times during the voting period keep such list
posted
in said places. It shall be unlawful for any person to deface, tear,
mutilate,
destroy or remove such list. chanrobles virtual law library
Sec.
23. Transfer of voting
centers due to conditions of peace and order. — In case the Commission
finds motu proprio or upon verified petition if any candidate,
registered
political party or coalition of political parties, or a majority of the
registered voters in the affected voting center, or of the citizens
election
committee, and after due notice and hearing that the conditions of
peace
and order in a locality where the voting center is located or its
immediate
vicinity are not conducive to the free, orderly and honest conduct of
the
election and the exercise by the voters therein of their right of
suffrage,
or would expose them or other election officials to danger to life and
limb, it may order the voting centers to be transferred to another
venue
within the same locality, or if warranted, to the closest adjacent
locality
in the city or municipality or another adjacent city or municipality:
Provided,
That sufficient notice of such transfer shall be made to the voters,
candidates,
political parties and coalition of political parties affected.
ARTICLE
VII
CITIZENS
ELECTION COMMITTEE
Sec.
24. Composition and appointment
of citizens election committee. — The provisions of Presidential Decree
No. 1896 providing for the composition and appointment of citizens
election
committee shall be applicable for purposes of the election on May 14,
1984:
Provided, however, That subparagraph one of the second paragraph of
Section
13 of Presidential Decree No. 1896 is hereby amended to read as
follows:
"(1) Capability
of the political party or coalition or aggroupment of political parties
to wage a bona fide campaign in the political subdivision or
subdivisions
concerned, as evidenced by its organization, the number and quality of
its candidates and the number and quality of the parties in the
coalition
or aggroupment." chanrobles virtual law library
Sec.
25. Right to copy the list
of the members of the citizens election committees. — A registered
political
party, coalition of political parties, candidate, or any civic,
religious,
business, professional, service, youth or any similar organizations
duly
authorized by the Commission to appoint watchers, or its or his duly
authorized
representative shall have the right to copy the list of the members of
every citizens election committee in any constituency. Any change in
the
composition or membership of every citizens election committee shall be
communicated to the former, Any violation of this right shall
constitute
an election offense.
ARTICLE
VIII
WATCHERS
Sec.
26. Official watchers of
candidates. — Every registered political party, coalition of political
parties and every independent candidate shall each be entitled to two
watchers
in every voting center. However, only one of the two may serve at any
given
time.
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.
Sec.
27. Other Watchers. — Civic,
religious, professional, business, service, youth and any other similar
organizations, with prior authority of the Commission, shall be
entitled
collectively to appoint two watchers, in every voting center: Provided,
however, That only one of the two may serve at any given time. chanrobles virtual law library
Sec.
28. Rights and duties of
watchers. — Upon entering the voting center, the watchers shall present
and deliver to the chairman of the citizens election committee his
appointment,
and forthwith, his name shall be recorded in the minutes. The
appointment
of the watcher shall bear the personal signature or the facsimile
signature
of the candidate or the duly authorized representative of the political
party of coalition of political parties who appointed him or of
organizations
authorized by the Commission under Section 27. The watchers shall have
the right to stay in the space reserved for them inside the voting
center.
They shall have the right to witness and inform themselves of the
proceedings
of the citizens election committee, including its proceedings during
the
registration of voters, to take notes of what they may see or hear, to
take photographs of the proceedings and incidents, if any, during the
counting
of votes, as well as of election returns, tally boards and ballot
boxes,
to file a protest against any irregularity or violation of law which
they
believe may have been committed by the committee or by any of its
members
or by any persons, to obtain from the committee a certificate as to the
filing of such protest or of the resolution thereon, to read the
ballots
after they shall have been read by the chairman, as well as the
election
returns after they shall have been completed and signed by the members
of the committee without touching them, but they shall not speak to any
member of the committee, or to any voter, or among themselves, in such
a manner as would distract the proceedings, and to be furnished with a
certificate of the number of votes cast for each candidate duly signed
by all the members of the committee. Refusal of the members of the
committee
to sign and furnish such certificate shall constitute an election
offense
and shall be penalized under the 1978 Election Code.
ARTICLE
IX
OFFICIAL
BALLOTS AND ELECTION RETURNS
Sec.
29. Official ballots. —
The official ballots for the May 14, 1984 election shall be of uniform
size and color and shall be provided at public expense. They shall be
printed
on a special paper with watermarks or other marks that will readily
distinguish
the ballot paper from ordinary paper and will prevent its
imitation. chanrobles virtual law library
Sec.
30. Emergency ballots.
— The municipal treasurer shall not undertake the preparation of
emergency
ballots, unless the political parties, coalition of political parties,
candidates and the organizations collectively authorized by the
Commission
to designate watchers have been sufficiently notified to send their
representatives.
Sec.
31. Distribution of official
ballots and election returns. — The official ballots and the election
returns
shall be distributed by the Commission to each province with its
component
cities, highly urbanized city and district in Metropolitan Manila at
the
rate of one and one-half ballots for every voter registered in each
voting
center; and for election returns, at the rate of one set each for every
voting center.
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.
Sec.
32. Committee on printing
and distribution of official ballots and election returns. — The
Commission
shall appoint a committee of five members, two of whom shall be from
among
its personnel, the third to be designated by the Commission on Audit,
and
the last two to be designated by the political parties entitled to
appoint
inspectors pursuant to Presidential Decree Nos. 1896 and 1898, to act
as
its representatives in supervising the printing of official ballots and
election returns.
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.
Sec.
33. Duties of the committee
on printing of official ballots and election returns. — Under such
orders
or instructions as the Commission may issue, and in addition to general
supervision and control over the printing and shipment of official
ballots
and election returns, the committee on printing of official ballots and
election returns shall (a) paraphernalia used in the printing of
official
ballots and election returns are stored and where printed official
ballots
and election returns are packed and prepared for shipment, (b)
supervise
all aspects relating to the printing, storage and shipment of official
ballots and election returns and report to the Commission any
irregularity
which they believe may have been committed, and (c) perform such other
related functions as the Commission may direct.
Sec.
34. Representatives of
candidates, registered political parties or coalition of political
parties
in the verification and distribution of official ballots and election
returns.
— Thirty days before election day, candidates, registered political
parties
or coalition of political parties or their respective duly authorized
representatives
in the different provinces with their component cities, highly
urbanized
cities and districts in the Metropolitan Manila area shall submit the
names
of their respective watchers who, together with the representative of
the
Commission and the provincial, city and municipal treasurer, shall
verify
the contents of the boxes containing the shipment of official ballots,
election returns and sample official ballots received by the said
treasurers.
The provincial treasurer shall keep a record of their receipt and
distribution
to each municipal treasurer, while the city and municipal treasurers
shall
each keep a record of their distribution to the citizens election
committees. chanrobles virtual law library
ARTICLE
X
CASTING
OF VOTES
Sec.
35. Voting hours. — The
casting of votes shall start at seven o'clock in the morning and shall
end at four o'clock in the afternoon, except when there are voters
present
within thirty meters in front of the voting center who have not yet
cast
their votes, in which case the voting shall continue but only to allow
said voters to cast their votes without interruption. The poll clerk
shall,
without delay, prepare a complete list containing the names of said
voters
consecutively numbered, and the voters shall be called to vote in the
order
in which they are listed. Any voter in the list who is not present when
his name is called out shall not be permitted to vote.
Sec.
36. Persons allowed in
and around the voting center. — On election day, no person shall be
allowed
inside the voting center, except the members of the election committee,
the watchers, the representatives of the Commission, the voters casting
their votes, the voters waiting for their turn to get inside the booth
whose number shall not exceed twice the number of booths and the voters
waiting for their turn to cast their votes whose numbers shall not
exceed
twenty at any one time. The watchers shall stay only in the space
reserved
for them.
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.chanrobles virtual law library
Sec.
37. Thumbprinting on minutes
of voting and counting of votes. — Every member of the citizens
election
committee shall likewise affix the imprint of the thumb of his right
hand
on the minutes of voting and counting of votes.
Sec.
38. Rights of watchers
to obtain copies of the minutes of voting and counting. — The duly
authorized
watchers of candidates, political parties or coalition of political
parties
and of civic, religious, professional, business, youth, service or any
other similar organization collectively authorized by the Commission to
designate watchers shall have the right to obtain certified copies,
duly
signed by all the members of the committee, of the minutes of voting
and
counting. Denial of this right shall constitute an election
offense.
Sec.
39. Illiterate of disabled
voters. — A registered voter who is illiterate or physically unable to
prepare the ballot by himself may enlist the assistance of a relative
within
the fourth degree of consanguinity or the poll clerk of the citizens
election
committee or any public of private school teacher in the preparation of
his ballot. The person thus chosen shall, before being allowed to
assist
the illiterate or disabled voter, bind himself in a formal document
under
oath to fill out the ballot strictly in accordance with the
instructions
of the voter and not to reveal the contents of the ballot prepared by
him.
Thereafter, he shall accompany the illiterate or disabled voter inside
the voting booth and there proceed to prepare the ballot for the
latter.
No person shall be allowed to vote as an illiterate voter unless his
voter's
affidavit shows that he had registered himself as such. Other than
those
herein authorized, no government official or employee, elective or
appointive,
including barangay tanods and members of barangay brigades, may be
allowed
to assist illiterate or disabled voters to vote.
ARTICLE
XI
COUNTING
OF VOTES
Sec.
40. Rules for appreciation
of ballots. — In addition to the rules for the appreciation of the
ballots
provided under Section 155 of the 1978 Election Code, the following
rules
shall be included: chanrobles virtual law library
(1) Where
only the first name of a candidate is written on the ballot, which when
read, has a sound similar to the surname of another candidate, the vote
shall be counted in favor of the candidate with such surname. If there
are two or more candidates with the same full name, first name or
surname
and one of them is the incumbent, and on the ballot is written only
such
full name, first name or surname, the vote shall be counted in favor of
the incumbent.
(2) In
case the candidate is a woman who uses her maiden or married surname or
both and there is another candidate with the same surname, a ballot
bearing
only such surname shall be counted in favor of the candidate who is an
incumbent.
(3) When
two or more words are written on the same line on the ballot, all of
which
are the surnames of two or more candidates, the same shall not be
counted
for any of them, unless one is a surname of an incumbent in which case
it shall be counted in favor of the latter.
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.chanrobles virtual law library
Sec.
41. Election Returns. —
The citizens election committee shall prepare the statement of the
count
commonly known as the election returns, simultaneously with the
counting
of the votes as prescribed in Section 154 of the 1987 Election Code, as
amended. The statement shall be prepared in sextuplicate. Each vote
read
shall be recorded by the poll clerk on the election returns by means of
a vertical line, and every fifth vote for the same candidate shall be
tallied
with a diagonal line across the four vertical lines previously tallied.
The entry of votes in words and in figures in parenthesis for each
candidate
shall be closed with the signature and the clear imprint of the thumb
of
the right hand of all the members present, likewise to be affixed in
full
view of the public immediately after the last vertical line, or
immediately
after the name of the candidate who did not receive any vote.
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. chanrobles virtual law library
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.
Sec.
42. Disposition of election
returns. — The original of the election returns shall be delivered to
the
election registrar of the city or municipality for transmittal to the
Chairman
of the Provincial Board of Canvassers in the provinces, and direct to
the
chairman of the city or district board of canvassers in the urbanized
cities
and the district of Metropolitan Manila, as the case may be, for use in
the canvass. The second copy shall be deposited in the compartment for
valid ballots. The fourth copy shall be kept by the election registrar
for use in the tabulation of the advance results of the election in the
city or municipality. The fifth and sixth copies shall each,
respectively,
be delivered to the members representing the political parties
represented
in the citizens election committee.
Sec.
43. Preservation of the
list of voters with voting records. — The list of voters with the
voting
record of each voting center shall be delivered to the election
registrar
who shall have custody of the same, keeping them in a safe place,
subject
to the instruction of the Commission. chanrobles virtual law library
ARTICLE
XII
CANVASS
AND PROCLAMATION
Sec.
44. Board of canvassers.
— There shall be a board of canvassers for each province, highly
urbanized
city and district of Metropolitan Manila to be composed as
follows:
(1) The
Provincial Board of Canvassers shall be composed of the Provincial
Election
Supervisor, as chairman, the Provincial Fiscal, as vice-chairman, and
the
Provincial Superintendent of Schools, and one representative from each
of the ruling party and the dominant opposition political party in the
constituency concerned entitled to be presented, as members.
(2) The
City Board of Canvassers shall be composed of the City Election
Registrar
or a lawyer of the Commission, as chairman, and the City Fiscal and the
City Superintendent of Schools, and one representative from each of the
ruling party and the dominant opposition political party entitled to be
represented, as members.
(3) The
District Board of Canvassers in the case of Metropolitan Manila shall
be
composed of a lawyer of the Commission, as chairman, and a ranking
fiscal
in the district and the most senior district school supervisor in the
district
to be appointed upon consultation with the Ministry of Justice and the
Ministry of Education, Culture and Sports, respectively, and one
representative
from each of the ruling party and the dominant opposition political
party
in the constituency concerned, as members. chanrobles virtual law library
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.
Sec.
45. Watchers. — Each candidate,
political party or coalition of political parties shall be entitled to
appoint watchers to be present at, and take note of, all the
proceedings
of the Board of Canvassers. The watchers shall have the right to file a
protest in any case of irregularity. chanrobles virtual law library
Sec.
46. Manner of delivery
and of transmittal of election returns. — The copy of the election
returns
of a voting center intended for the Board of Canvassers, duly placed
inside
a sealed envelope signed and affixed with the imprint of the thumb of
the
right hand of all the members of the committee, shall be personally
delivered
by the members of the committee to the election registrar for
transmittal
to the Board of Canvassers. The watchers of the political parties,
coalition
of political parties and the candidates shall have the right to
accompany
the members of the committee in making the delivery.
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. chanrobles virtual law library
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.
Sec.
47. Safekeeping of transmitted
election returns. — The Board of Canvassers shall keep the ballot boxes
containing the election returns in a safe and secure room before and
after
the canvass. The door to the room must be padlocked by three locks with
the keys thereof kept as follows: one with the chairman, the other with
the representative of the ruling party, and the other with the
representative
of the dominant opposition political party. The watchers of candidates,
political parties, coalition of political parties an organizations
collectively
authorized by the Commission to appoint watchers shall have the right
to
guard the room. Violation of this right shall constitute an election
offense. chanrobles virtual law library
Sec.
48. Canvass by the board.
— The Board of Canvassers shall meet not later than seven o'clock in
the
evening of election day at the place designated by the Commission to
canvass
the election returns that may have already been received. It shall meet
continuously from day to day until the canvass is completed, and may
adjourn
but only for the purpose of awaiting the other election. Each time the
board adjourns, it shall make a total of all the votes canvassed so far
for each candidate affixing their signatures, and thumbmarks after each
total, furnishing the Commission in Manila by the fastest means of
communication
a certified copy thereof, and making available the data contained
therein
to the mass media and other interested parties. As soon as the other
election
returns as delivered the board shall immediately resume canvassing
until
the returns have been canvassed.
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.
Sec.
49. Persons not allowed
inside the canvassing room. — 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 any peace officer or any armed or
unarmed persons belonging to an extra-legal police agency, special
forces,
reaction forces, strike forces, home defense forces, barangay
self-defense
units, barangay tanods, except those designated as members of the Board
or as watchers, or of any member of the security or the police
organizations
of government ministries, commissions, councils, bureaus, offices,
instrumentalities,
or government-owned or controlled corporations or their subsidiaries or
of any member of a privately-owned or operated security, investigative,
protective or intelligence agency performing identical or similar
functions
to enter the room where the canvassing of the election returns are held
by the Board of Canvassers and within a radius of fifty meters from
such
room: Provided, however, That the committee, by a majority vote, if it
deems necessary, may make a call in writing for the detail of policemen
or any peace officers for their protection or for the protection of the
election documents and paraphernalia in the possession of the board, or
for the maintenance of peace and order, in which case said policemen of
peace officer, who shall be in proper uniform, shall stay outside the
room
within a radius of thirty meters near enough to be easily called by the
board at any time.chanrobles virtual law library
ARTICLE
XIII
PRE-PROCLAMATION
CONTROVERSY
Sec.
50. Definition. — Pre-proclamation
controversy refers to any question pertaining to or affecting the
proceedings
of the Board of Canvassers which may be raised by any candidate,
political
party or coalition of political parties before the board or directly
with
the Commission.
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.
Sec.
51. Issues that may be
raised in pre-proclamation controversy. — The following shall be proper
issues that may be raised in a pre-proclamation controversy:
(a) Illegal
composition or proceedings of the Board of Canvassers;
(b) Canvassed
election returns are incomplete, contain material defects, appear to be
tampered with or falsified, of contain discrepancies in the same
returns
or other authentic copies thereof;
(c) When
the election returns were prepared under duress, threats, coercion, or
intimidation, or are obviously manufactured, or not authentic;
(d) When
substitute, fictitious or illegal voters, constituting a majority of
the
registered voters in the voting center, were able to vote; or
(e) Other
matters related to or in connection with the canvass of election
returns
or proclamation of any candidate.
Sec.
52. Issues not proper in
pre-proclamation controversy. — The following are not proper issues
that
may be raised in a pre-proclamation controversy; chanrobles virtual law library
(a) Frauds,
terrorism, irregularities or illegal acts committed before or during
the
casting and counting of votes, except as provided in paragraph (b), (c)
and (d) of the preceding section;
(b) Disqualification
of candidates under any existing laws; or
(c) Any
other matter not related to or not in connection with the canvass of
election
returns or proclamation of any candidate, or issues that properly
pertain
to an election protest or quo warranto proceedings.
Sec.
53. Contested composition
or proceedings of the board. — When the composition or proceedings of
the
board is contested, it shall immediately make a ruling thereon with
notice
to the party contesting who, if adversely affected, may after the
matter
to the Commission within five days after the ruling, with proper notice
to the board. The Commission, after due notice and hearing, shall
decide
the case within ten days from the filing of the case. During the
pendency
of the case, the board shall suspend the canvass unless the Commission
orders the continuation or resumption thereof. chanrobles virtual law library
Sec.
54. Contested election
returns. — Any candidate, political party or coalition of political
parties,
contesting the exclusion or inclusion in the canvass of any election
returns
shall submit their written objections to the Chairman of the Board of
Canvassers.
The board shall defer the canvass of the contested returns and shall
not
make any ruling thereon until after all the uncontested election
returns
have been canvassed. The board shall not proclaim any winning candidate
unless authorized by the Commission, and any proclamation made in
violation
hereof shall be void ab initio.
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. chanrobles virtual law library
Sec.
55. Summary proceedings
before the Commission. — All pre-proclamation controversies shall be
heard
summarily by the Commission after notice and hearing, and its decisions
shall be immediately executory unless restrained by the Supreme Court.
Sec.
56. Partial proclamation.
— Notwithstanding the pendency of any pre-proclamation controversy, the
Commission may motu proprio, or upon the filing of a verified petition
and after due notice and hearing, order the proclamation of any winning
candidate whose election will not be affected by the outcome of the
controversy.
Sec.
57. Effect of filing petition
to annul or to suspend the proclamation. — The filing with the
Commission
of a petition to annul or to suspend the proclamation of any candidate
shall suspend the running of the period within which to file an
election
protest or quo warranto proceedings.
ARTICLE
XIV
ELECTION
CONTESTS
Sec.
58. Jurisdiction of the
Commission. — The Commission shall be the sole judge of all contests
relating
to the election, returns, selection or appointment, and qualifications
of all Members of the Batasang Pambansa. chanrobles virtual law library
Sec.
59. Election contests for
Batasang Pambansa. — A sworn petition contesting the election,
selection
or appointment of any Member of the Batasang Pambansa shall be filed
with
the Commission by any candidate who has duly filed a valid and
subsisting
certificate of candidacy for the same office, or in case of sectoral
representatives,
by any other aspirant for nomination to the office, within ten days
after
the proclamation of the results of the election or the issuance of the
appointment, as the case may be.
Sec.
60. Petition for quo warranto.
— Any voter contesting the election, selection or appointment of any
Member
of the Batasang Pambansa on the ground of ineligibility or of
disloyalty
to the Republic of the Philippines shall file a sworn petition for quo
warranto with the Commission within ten days after the proclamation of
the results of the election.
Sec.
61. Suspension of period.
— The filing of a pre-proclamation petition shall suspend the running
of
the ten-day period mentioned in Section 60 hereof. chanrobles virtual law library
Sec.
62. Procedure in election
contests. — The Commission shall prescribed the rules to govern the
procedure
and other matters relating to election contests pertaining to the
Members
of the Batasang Pambansa. Such rules shall provide a simple and
inexpensive
procedure for the expeditious disposition of election contests. chanrobles virtual law library
Sec.
63. Decision by the Commission.
— The Commission shall decide all election contests within ninety days
from the date of their submission for decision. The decision of the
Commission
shall become final ten days after promulgation, unless a motion for
reconsideration
shall have been filed. Motions for reconsideration shall be resolved
within
thirty days from its filing.
ARTICLE
XV
ELECTION
OFFENSES
Sec.
64. Prohibited acts. —
In addition to the prohibited acts provided in the 1978 Election Code,
or declared unlawful or as an election offense in the preceding
articles
of this Act, the following shall be guilty of an election offense:chanroblesvirtuallawlibrarychanrobles virtual law library
(a) Wearing
of uniform and bearing arms by military units. — During the campaign
period,
on the day before, on election day, and ending thirty days thereafter,
any members of the Armed Forces of the Philippines, Special Forces,
Home
Defense Forces, Barangay Self-Defense Unit and all other para-military
units that now exist or which may hereafter be organized who wears his
uniform or bears arms outside the camp, garrison or barracks to which
he
is assigned or detailed or outside his home, in case of members of Home
Defense Forces, Barangay Self-Defense Units, and other para-military
units,
unless (1) the President of the Philippines shall have given previous
authority
therefor, and the Commission notified thereof in writing, or (2) the
Commission
authorizes him to do so, which authority it shall give only when
necessary
to assist it in maintaining free, orderly and honest elections, and
only
after notice and hearing. All personnel of the Armed Forces authorized
by the President or the Commission to bear arms or wear their uniforms
outside their camps and all police and peace officers shall bear their
true name, rank and serial number, if any, stitched in block letters on
a white background on the left breast of their uniform, in letters and
numbers of a clearly legible design at least two centimeters tall,
which
shall at all times remain visible and uncovered.
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.
(b) Organization
or maintenance of reaction forces, strike forces, or other similar
forces.
— Any person who organizes or maintains or joins a reaction force,
strike
force or similar force during the election period. chanrobles virtual law library
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.
(c) Prohibition
against release, disbursement or expenditure of public funds. — Any
public
official or employee including barangay officials and those of
government-owned
or controlled corporations and their subsidiaries, who, during
forty-five
days before the election day on May 14, 1984, releases, disburses or
expends
any public funds for: chanrobles virtual law library
(1) And
any all kinds of public works, except the following:
(aa) Maintenance
of existing and/or completed public works projects: Provided, That not
more than the average number of laborers or employees already employed
therein during the six-month period immediately prior to the beginning
of the forty-five day period before election day shall be permitted to
work during such time: Provided, further, That no additional laborers
shall
be employed for maintenance work within the said period of forty-five
days;
(bb) Work
undertaken by contract through public bidding held, or by negotiated
contract
awarded, before the forty-five day period before election: Provided,
That
work for the purpose of this section undertaken under the so-called
"takay"
or "paquiao" system shall not be considered as work contact;
(cc) Payment
for the usual cost of preparation of working drawings, specifications,
bills of materials, estimates and other procedures preparatory to
actual
constitution including the purchase of materials and equipment, and all
incidental expenses for wages of watchmen and other laborers employed
for
such work in the central office and field storehouse before the
beginning
of such period: Provided, That the number of such laborers shall not be
increased over the number hired when the project or projects were
commenced;
and chanrobles virtual law library
(dd) Emergency
work necessitated by the occurrence of a public calamity, but such work
shall be limited to the restoration of the damaged facility.
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.
(2) The
Ministry of Social Services and Development and any other office in any
other ministry of the Government performing functions similar to said
Ministry,
except for salaries of personnel, and for such other routine and normal
expenses, and for such other expenses as the Commission may authorized,
after due notice and hearing. Should a calamity or disaster occur, all
releases normally or usually coursed through the said ministries and
offices
shall be turned over to, and administered and disbursed by, the
Philippine
National Red Cross, subject to the supervision of the Commission on
Audit
or its representatives, and no candidate or his or her spouse or member
of his or her family within the second degree of consanguinity or
affinity
shall participate, directly or indirectly, in the distribution of any
relief
of other goods to the victims of the calamity of disaster; and chanrobles virtual law library
(3) The
Ministry of human Settlements and any office in any other ministry of
the
Government performing function similar to said ministry, except for
salaries
of personnel and for such other necessary administrative or other
expenses
as the Commission may authorize after due notice and hearing.
(d) Prohibition
against construction of public works, delivery of materials for public
works and issuance of treasury warrants and similar devices. — During
the
period of forty-five days preceding the election of May 14, 1984, any
person
who (a) undertakes the construction of any public works, except for
projects
or works exempted in the preceding section; or (b) issues, uses or
avails
of treasury warrants or any device undertaking future delivery of
money,
goods or other things of value chargeable against public funds; or (c)
who thereafter receives any payment for the prohibited
construction. chanrobles virtual law library
(e) Suspension
of elective provincial, city, municipal or barangay officer. — During
the
election period, any public official who suspends, without prior
approval
of the Commission, any elective provincial, city, municipal, or
barangay
official, unless said suspension will be for purposes of applying the
"Anti-Graft
and Corrupt Practices Act" in relation to the suspension and removal of
elective officials, in which case the provision of this section shall
be
inapplicable.
Sec.
65. Increased penalty for
specific election offenses. — For purposes of the May 14, 1984
election,
the penalty for the crimes defined in the following paragraphs of
Section
178 of the 1978 Election Code, Presidential Decree No. 1296;
(a) Vote
buying and vote selling; chanrobles virtual law library
(e) Threats,
terrorism, use of fraudulent device and other forms of coercion;
and
(m) Use
of armored land, water or air craft; is hereby increased to prision
mayor,
or six years and one day to twelve years, with perpetual
disqualification
to hold public office or exercise the right of suffrage; Provided, That
if the commission of the crime should result in the death of any
person,
the penalty shall be reclusion perpetua to death.
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. chanrobles virtual law library
Sec.
66. Prosecution. — The
Commission shall have the exclusive power to investigate or prosecute
all
election offenses punishable under this Act or other election laws. For
this purpose, the Commission may avail of the assistance of, and
authorize
other agencies of the government: Provided, however, That in the event
that the Commission fails to act on any compliant within six months
from
its filing, the complaint may file the complaint with the office of the
fiscal or with the Ministry of Justice for proper investigation and
prosecution,
if warranted.
Sec.
67. Offenses committed
during and in connection with the election campaign. — No person shall
be arrested and/or detained at any time for any alleged offense
committed
during and in connection with the election of Members of the Batasang
Pambansa
on May 14, 1984 through any act or language tending to support or
oppose
any candidate, political party, or coalition of political parties,
under
or pursuant to any order or whatever name or nature and by whatsoever
issued,
except only upon a warrant of arrest issued by a competent judge after
all the requirement of the Constitution shall have been strictly
complied
with. chanrobles virtual law library
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. chanrobles virtual law library
ARTICLE
XVI
TRANSITORY
PROVISIONS
Sec.
68. Pending actions. —
Actions arising or already pending before the effectivity of this Act
shall
be governed by the laws then in force.
Sec.
69. Reorganization of the
Commission on Elections. — In order to promote maximum efficiency in
carrying
out its constitutional duty to insure free, orderly and honest
elections
and in discharging its judicial powers and functions under the
Constitution,
the Commission is hereby authorized, for purposes of the May 14, 1984
election,
to reorganize its offices, divisions or units, redistribute functions
and
reassign personnel, change designations of existing positions subject
to
pertinent existing laws and salaries of its subordinate officials and
employees
subject to the laws and regulations on civil service and compensation,
position classification and standardization of salaries: Provided, That
no permanent official or employee already in the service of the
Commission,
upon approval of this Act, shall be laid off or demoted in rank or
salary:
Provided, further, That there shall be no transfer of provincial
election
supervisors, election registrars, and other employees of the Commission
on Elections from one station to another within thirty days before the
election, except for cause and after due notice and hearing.
Sec.
70. Appropriations. — The
costs of holding the election of Members of the Batasang Pambansa shall
be funded out of the current appropriations of the Commission on
Elections,
provided for this purpose. In case of deficiency, the funds so provided
for this purpose may be augmented from the Special Activities Fund
intended
for special priority activities authorized in the current General
Appropriations
Act.
ARTICLE
XVII
FINAL
PROVISIONS
Sec.
71. Separability clause.
— If for any reason any section of provision of this Act, or any
portion
thereof, or the application of such section, provision or portion is
declared
invalid or unconstitutional, the remainder thereof shall not be
effected
by such declaration.
Sec.
72. Applicability of Election
Code of 1978 and other statutes. — All provisions of the Election Code
of 1978 and other electoral statutes not inconsistent with the
provisions
of this Act shall apply to the election herein provided for. chanrobles virtual law library
Sec.
73. Repealing clause. —
All laws or parts or laws inconsistent herewith are hereby deemed
repealed
or modified accordingly.
Sec.
74. Effectivity of this
Act. — This Act takes effect upon its approval. chanrobles virtual law library
Approved:
March 14, 1984
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