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PRESIDENTIAL DECREE NO. 1348
PRESIDENTIAL DECREE NO. 1348
- AMENDING THE 1978 ELECTION CODE BY INSERTING NEW PROVISIONS THEREIN
PROVIDING FOR SUBSTITUTION OF A CANDIDATE WHO DIES, FAILS TO QUALIFY OR
IS INCAPACITATED AFTER THE ELECTION BUT BEFORE PROCLAMATION OR BEFORE
ASSUMPTION OF OFFICE
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chanroblesvirtualawlibrary
WHEREAS,
the 1978 Election Code does not provide for substitution of a candidate
for the interim Batasang Pambansa who dies, fails to qualify or is
incapacitated after the election but before the proclamation or
assumption of office;chanroblesvirtualawlibrary
WHEREAS, it is prudent that provision be made for the contingencies
mentioned in the preceding paragraph to forestall confusion and/or
deprivation of complete representation of any constituency in the
interim Batasang Pambansa.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers in me vested by the Constitution, do hereby
decree as follows:cralaw:red
Section 1. Inserting Sec. 8-A and Sec. 8-B in the
1978 Election Code. — New sections to be designated as Sec. 8-A and
Sec. 8-B shall be inserted between Sections 8 and 9 of the 1978
Election Code to read as follows:cralaw:red
"Sec. 8-A. SUBSTITUTION OF A CANDIDATE WHO DIES,
FAILS TO QUALIFY OR IS INCAPACITATED BEFORE PROCLAMATION THE VOTES
OBTAINED BY A CANDIDATE WHO DIES, FAILS TO QUALIFY OR IS INCAPACITATED
AFTER THE DAY OF THE ELECTION BUT BEFORE PROCLAMATION OF THE WINNERS IN
THE ELECTION CODE FOR MEMBERS OF THE INTERIM BATASANG PAMBANSA SHALL
CONTINUE TO BE CANVASSED BY THE REGIONAL BOARD OF CANVASSERS AND IF
AFTER SAID CANVASS, THE CANDIDATE WHO DIED, FAILED TO QUALIFY OR WAS
INCAPACITATED IS ONE OF THE WINNERS, THE SEAT FOR WHICH HE WAS A
CANDIDATE SHALL BE FILLED IN THE FOLLOWING MANNER: chanroblesvirtualawlibrary
(1) IN THE CASE OF A CANDIDATE WHO WAS OFFICIALLY
NOMINATED BY A POLITICAL PARTY OR GROUP, THE INTERIM BATASANG PAMBANSA
SHALL APPOINT THE REPLACEMENT UPON NOMINATION OF THE POLITICAL PARTY OR
GROUP WHICH NOMINATED THE DECEASED CANDIDATE.
(2) IN THE CASE OF A CANDIDATE WHO DID NOT BELONG TO
THE OFFICIAL TICKET OF ANY POLITICAL PARTY OR GROUP, THE INCUMBENT
PRESIDENT OF THE PHILIPPINES SHALL NOMINATE AND WITH THE CONSENT OF THE
INTERIM BATASANG PAMBANSA, APPOINT THE REPLACEMENT OF THE DECEASED.
"Sec. 8-B. REPLACEMENT OF A MEMBER-ELECT WHO DIES,
FAILS TO QUALIFY OR IS INCAPACITATED BEFORE OATH-TAKING. THE PROVISIONS
OF THE PRECEDING Section SHALL APPLY IN THE CASE OF A MEMBER-ELECT WHO
DIES, FAILS TO QUALIFY OR IS INCAPACITATED BEFORE ASSUMPTION OF OFFICE."
Section 2. Effectivity. — This decree shall take
effect immediately. chanroblesvirtualawlibrary
DONE in the City of Manila,
this 10th day of April, in the Year of Our Lord, nineteen hundred and
seventy-eight.
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