An Act Implementing Resolution of Both Houses Numbered Two as Amended by Resolution of Both Houses...

8/19/2019 An Act Implementing Resolution of Both Houses Numbered Two as Amended by Resolution of Both Houses Numbered Four of the Congress of the Philippines Calling for a Con…

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AN ACT IMPLEMENTING RESOLUTION OF BOTH HOUSES NUMBERED TWO AS AMENDED BY RESOLUTION OF

BOTH HOUSES NUMBERED FOUR OF THE CONGRESS OF THE PHILIPPINES CALLING FOR A CONSTITUTIONAL

ONVENTION, PROVIDING FOR PROPORTIONAL REPRESENTATION THEREIN AND OTHER DETAILS RELATING TO

HE ELECTION OF DELEGATES TO AND THE HOLDING OF THE CONSTITUTIONAL CONVENTION, REPEALING FOR

THE PURPOSE REPUBLIC ACT FOUR THOUSAND NINE HUNDRED FOURTEEN, AND FOR OTHER PURPOSES.

ction 1. Short Title. This Act shall be known as "The 1971 Constitutional Convention Act."ction . Composition of the Convention; Qualifications of Delegates. The Constitutional Convention authorized by ResolutionBoth ouses !ubered Two of the Con#ress of the $hili%%ines& ado%ted on 'arch si(teen& nineteen hundred and si(ty)ven& as aended by Resolution of Both ouses !ubered *our of the Con#ress of the $hili%%ines& ado%ted on +uneventeen& nineteen hundred and si(ty) nine& shall be co%osed of three hundred and twenty dele#ates who shall have thee ,ualifications as those re,uired of 'ebers of the ouse of Re%resentatives.

e dele#ates are hereby a%%ortioned aon# the Re%resentative -istricts as followsRA& /one -istrict T0 234 -ele#ates6A! -8/ !RT8& ncludin# the City of Butuan /one -istrict T0 234 -ele#ates6A! -8/ 6R& /one -istrict T0 234 -ele#ates/A!& /one -istrict T0 234 -ele#atesBA;& ncludin# the City of /e#as%ist -istrict T0 234 -ele#atescond -istrict T0 234 -ele#atesird -istrict T0 234 -ele#ates

T


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ird -istrict TR88 2=4 -ele#ates!568T& ncludin# the City of Ba#uio /one -istrict T0 234 -ele#ates/& ncludin# the City of Ta#bilaranst -istrict T0 234 -ele#atescond -istrict T0 234 -ele#atesird -istrict T0 234 -ele#ates:-!!& /one -istrict TR88 2=4 -ele#ates/ACA!st -istrict TR88 2=4 -ele#atescond -istrict *6R 2>4 -ele#ates5A;A!

st -istrict TR88 2=4 -ele#atescond -istrict T0 234 -ele#ates'AR!8 !RT8& /one -istrict T0 234 -ele#ates'AR!8 6R& ncludin# the Cities of ri#a and !a#ast -istrict TR88 2=4 -ele#atescond -istrict *?8 2@4 -ele#ates'56!& /one -istrict T0 234 -ele#ates$& ncludin# the City of Ro(asst -istrict T0 234 -ele#ates

cond -istrict T0 234 -ele#atesTA!-6A!8& /one -istrict T0 234 -ele#ates?T8& ncludin# the Cities of Ta#aytay& Trece 'artires and Cavite /one -istrict *6R 2>4 -ele#atesB6& ncludin# the Cities of Cebu&-anao& Toledo& /a%u)/a%u and 'andauest -istrict T0 234 -ele#atescond -istrict *6R 2>4 -ele#ates


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ird -istrict T0 234 -ele#atesurth -istrict T0 234 -ele#atesth -istrict T0 234 -ele#atesth -istrict T0 234 -ele#atesventh -istrict T0 234 -ele#atesTABAT& ncludin# the City of Cotabato /one -istrict T8! 214 -ele#ates?A -8/ !RT8& /one -istrict *6R 2>4 -ele#ates?A -8/ 6R& ncludin# the City of -avao /one -istrict D 2E4 -ele#ates?A R8!TA/& /one -istrict T0 234 -ele#atesT8R! A'AR& /one -istrict T0 234 -ele#ates5A& /one -istrict T0 234 -ele#ates

C !RT8& ncludin# the City of /aoa#st -istrict T0 234 -ele#atescond -istrict T0 234 -ele#atesC 6R

st -istrict T0 234 -ele#atescond -istrict T0 234 -ele#ates/& ncludin# the City of loilo

st -istrict T0 234 -ele#atescond -istrict T0 234 -ele#ates

ird -istrict T0 234 -ele#atesurth -istrict T0 234 -ele#atesth -istrict T0 234 -ele#atesB8/A& /one -istrict *?8 2@4 -ele#ates/!5A)A$A;A& /one -istrict T0 234 -ele#ates56!A& ncludin# the City of an $ablo


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st -istrict *6R 2>4 -ele#atescond -istrict T0 234 -ele#ates!A -8/ !RT8& ncludin# the City of li#an /one -istrict TR88 2=4 -ele#ates!A -8/ 6R& ncludin# the City of 'arawi /one -istrict D 2E4 -ele#ates 6!!st -istrict T0 234 -ele#atescond -istrict T0 234 -ele#ates;T8& ncludin# the Cities of roc and Taclobanst -istrict T0 234 -ele#atescond -istrict T0 234 -ele#atesird -istrict T0 234 -ele#ates

urth -istrict T0 234 -ele#ates!/A

st -istrict TR88 2=4 -ele#atescond -istrict T0 234 -ele#atesird -istrict TR88 2=4 -ele#atesurth -istrict TR88 2=4 -ele#atesR!-64 -ele#ates6!TA! $R?!C8& /one -istrict T0 234 -ele#ates

RT8R! A'AR& /one -istrict T0 234 -ele#ates8?A 8C+A& ncludin# the Cities of Cabanatuan& $alayan and an +osest -istrict TR88 2=4 -ele#atescond -istrict *6R 2>4 -ele#ates8?A ?CA;A& /one -istrict T0 234 -ele#atesC-8!TA/ '!-R& /one -istrict T0 234 -ele#ates


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8!TA/ '!-R& /one -istrict TR88 2=4 -ele#atesC-8!TA/ 'A'& ncludin# the Cities of zais& ro,uieta& and Tan#ub& /one -istrict TR88 2=4 -ele#ates8!TA/ 'A'& ncludin# the Cities of Ca#ayan de ro and 5in#oo# /one -istrict *6R 2>4 -ele#atesC-8!TA/ !85R& ncludin# the Cities of Bacolod& Ba#o& Cadiz& /a Carlota& an Carlos and ilay

st -istrict D 2E4 -ele#atescond -istrict TR88 2=4 -ele#atesird -istrict *6R 2>4 -ele#ates8!TA/ !85R& ncludin# the Cities of Bais& Canlaon and -ua#uete

st -istrict *6R 2>4 -ele#atescond -istrict T0 234 -ele#ates/A0A!& ncludin# the City of $uerto $rincesa& /one -istrict T0 234 -ele#ates

'$A!5A& ncludin# the City of An#elesst -istrict *6R 2>4 -ele#atescond -istrict TR88 2=4 -ele#ates!5A!A!& ncludin# the Cities of -a#u%an and an Carlosst -istrict T0 234 -ele#atescond -istrict T0 234 -ele#atesird -istrict T0 234 -ele#atesurth -istrict T0 234 -ele#atesth -istrict T0 234 -ele#ates

8!& ncludin# the City of /ucenast -istrict *6R 2>4 -ele#atescond -istrict *6R 2>4 -ele#ates A/& ncludin# the Cities of


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'B/!& /one -istrict T0 234 -ele#ates'AR& ncludin# the City of Calbayo# /one -istrict *6R 2>4 -ele#atesR5!st -istrict T0 234 -ele#atescond -istrict T0 234 -ele#ates6T8R! CTABAT& ncludin# the City of 5eneral antos& /one -istrict *6R 2>4 -ele#ates6T8R! /8;T8& /one -istrict T0 234 -ele#ates/6& /one -istrict TR88 2=4 -ele#atesR5A -8/ !RT8& /one -istrict T0 234 -ele#atesR5A -8/ 6R& /one -istrict T0 234 -ele#atesR/AC

st -istrict T0 234 -ele#atescond -istrict T0 234 -ele#ates'BA/8& ncludin# the City of lon#a%o /one -istrict TR88 2=4 -ele#ates'BA!5A -8/ !RT8& ncludin# the Cities of -i%olo# and -a%itan/one -istrict TR88 2=4 -ele#ates'BA!5A -8/ 6R& ncludin# the Cities of Basilan& $a#adian and aboan#a /one -istrict !!8 294 -ele#atesction !. Election of Delegates. The election of dele#ates to the Convention by the ,ualified electors of each district shall beld on the second Tuesday in !oveber& nineteen hundred and seventy.ction ". Persons Holding Office. Any %erson holdin# a %ublic office or %osition& whether elective or a%%ointive& includin#bers of the ared forces and officers and e%loyees of cor%orations or enter%rises owned andGor controlled by the

vernent& shall be considered resi#ned u%on the filin# of his certificate of candidacy Provided & That any #overnent officialo resi#ns in order to run for dele#ate and who does not yet ,ualify for retireent under e(istin# laws& ay& if elected& add to len#th of service in the #overnent the %eriod fro the filin# of his certificate of candidacy until the final adHournent of thenstitutional Convention.ction #. Disqualification to un. Any %erson elected as dele#ate to the Constitutional Convention shall not be ,ualified to run any %ublic office in any election or to assue any a%%ointive office or %osition in any branch of the 5overnent until after


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final adHournent of the Constitutional Convention.ction $. Provisions !overning the Election of Delegates. The election of dele#ates shall be #overned by the %rovisions of thevised 8lection Code& as aended& and Re%ublic Act !ubered Thirty)five hundred ei#hty)ei#ht& as aended& e(ce%t asrein %rovided& to wit4 Certificate of Candidacy. Candidates shall file with the Coission on 8lections their certificates of candidacy& to#ether withuber of clearly le#ible co%ies e,ual to four ties the nuber of %ollin# %laces in the res%ective districts in which they arenin#& at least si(ty days before election day and in the anner %rovided for by the Revised 8lection Code. The Coission

8lections shall iediately send co%ies thereof to all the %ollin# %laces of the district.e %erson concerned shall state in his certificate of candidacy that 214 he announces his candidacy for dele#ate to thenstitutional Convention in the district in which he is runnin# 234 he has the sae ,ualifications as those re,uired of ebersthe ouse of Re%resentatives 2=4 his full nae& includin# aternal surnae 2>4 his civil status and& if arried& the full nae

his or her s%ouse 2@4 his a#e& statin# the date and %lace of his birth and 2E4 his %ost office address for all election %ur%oses.e certificate of candidacy shall likewise state his #ross incoe& the e(%enses& deductions and e(e%tions& and that he %aid incoe ta(es as assessed& for the last two years iediately %recedin# the election& includin# the recei%t nubers andces of such %ayents& unless the candidate e(e%t fro %ayin# incoe ta(es& or his ta( obli#ations are %endin# finalterination& in which cases he shall so state in his certificate of candidacy and shall furtherore contain a waiver of thevile#e fro %ublic disclosure of his incoe ta( returns and ta( census stateents for the said two)year %eriod& e(ce%tancial stateents attached thereto& said waiver to be effective only durin# the %eriod of his candidacy. *ailure to state theuired inforation on incoe& ta(es& and waiver shall invalidate the certificate of candidacy.e candidate ay include a concise stateent& not e(ceedin# one hundred words& of the %rinci%al constitutional refors&

#ras or %olicies he %ro%oses to advocate if elected to the Convention. A co%y of such stateent shall be %ostedns%icuously in each %ollin# %lace in the district.least seventy days before the election& five or ore ,ualified re#istered voters in a re%resentative district& actin# individually&y file with the Coission on 8lections a noination for a candidate& furnishin# a co%y thereof to the %erson concerned

ovided & That said candidate shall indicate his acce%tance by co%lyin# with the re,uireents of this section.e Coission on 8lections shall %re%are a standard for of the certificate of candidacy and ado%t such other easures as


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y facilitate the filin# thereof.4 !on)A%%lication of /iitation 6%on Ca%ai#n $eriod. The %rovisions of ection @)B of the Revised 8lection Code& asended by Re%ublic Act !ubered >FF& with res%ect to the liitation u%on the %eriod of the election ca%ai#n& shall not

%ly to the election of dele#ates.4 8lection Re#istration Boards. 0ithin thirty days after the a%%roval of this Act& the Coission on 8lections shall a%%oint asditional ebers of each 8lection Re#istration Board created under ection five of Re%ublic Act !ubered Three thousande hundred ei#hty)ei#ht& as aended& two %ublic school teachers& 2%reference bein# #iven to those with the lon#est service aschers and as election ins%ectors4& who are re#istered voters of the unici%ality& with the %owers and co%ensation as theer ebers of the board re%resentin# %olitical %arties Provided & That neither shall be related to each other& to any eber the Board or any candidate in the district wherein they are to serve& within the fourth civil de#ree of consan#uinity or affinity.e said teachers shall hold office until relieved by the Coission on 8lections for cause& or until the day followin# the

ction of dele#ates& whichever is earlier Provided & further & That in case one or both teachers are relieved for cause& they shall re%laced by other ,ualified teachers& the Coission ay a%%oint any %rivate school teacher or e%loyee in the civilrvice who is a re#istered voter of the unici%ality and is not dis,ualified by reason of relationshi% as above)stated Provided &all" & That the hearin# and rece%tion of evidence on a%%lications for re#istration shall be scheduled only durin# eetin#s of 8lection Re#istration Board& and be conducted by the said Board.hall be unlawful for any %erson who& knowin# that he is related as above)stated to any candidate or to any eber of theard& shall knowin#ly fail to notify the Coission on 8lections about such relationshi%& assue the office of eber thereof d %erfor the duties %ertainin# thereto.4 8lection $recincts and $ollin# $laces. The Coission on 8lections shall fi( ninety days before the election the liits of all

election %recincts and desi#nate the location of each %ollin# %lace as re,uired by ection i(ty)three of the Revisedction Code.enever %ossible& such location shall be alon# a %ublic road. !o desi#nation shall be chan#ed e(ce%t u%on written %etition of aHority of the voters in the %recinct or in case the %ollin# %lace is destroyed or cannot be used.ch %recinct shall not have ore than three hundred voters Provided & That the Coission on 8lections shall& in the interestan orderly election& and in order to facilitate the castin# of votes& be authorized to divide a %recinct not later than one week


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er the last re#istration day. But the %ollin# %laces of all the %recincts created thereby shall be located in the sae buildin# or %ound where the %ollin# %lace of the ori#inal %recinct is located& and if this is not feasible& in a %lace as close as %ossible to ori#inal %recinct Provided & further & That the %ollin# %lace of the new %recinct ay be located elsewhere u%on written

tition of the aHority of the voters of the new %recinct.enever a %recinct is divided into two or ore %recincts& the re#istered voters shall included in the %recinct wherein theyide. 8very case of alteration of a %recinct shall be duly %ublished by %ostin# a notice of any such chan#e in a cons%icuousation in the %ollin# %lace& and in the unici%al buildin# or city hall& as the case ay be.4 Boards of ns%ectors. At least si(ty days before the day of election& the Coission on 8lections shall a%%oint a Board of ction ns%ectors for each election %recinct& to be co%osed of a Chairan and two ebers& one of who shall be

si#nated concurrently as %oll clerk& and all of who shall %ublic school teachers& %recedence bein# #iven to those who areil service eli#ibles& and are re#istered voters of the district Provided & That in case of non)availability of %ublic school

chers& the Coission ay a%%oint %rivate school teachers or any officer or e%loyee in the civil service who is aistered voter of the unici%ality& to fill the vacancy or vacancies. The ebers of the board as herein constituted shall

iforly receive a %er die of forty five %esos on election day and for every day of work before the election Provided &#ever & That the ebers of the Board shall %ossess the sae ,ualifications and none of the dis,ualifications %rovided for inction ei#hty)one of the Revised 8lection Code& and that no election ins%ector shall be related to any eber of the Board or any candidate within the fourth civil de#ree of consan#uinity or affinity.hall be unlawful for any %erson who& knowin# that he is related as above)stated to any candidate or to any eber of theard& shall knowin#ly fail to notify the Coission on 8lections about such relationshi%& assue the office of eber thereof d %erfor the duties %ertainin# thereto.

Board of Canvassers. The canvass of votes and %roclaation of dele#ates elected to the Convention shall be undertaken the $rovincial Board of Canvassers to be co%osed of the -ivision u%erintendent of chools& as Chairan and theovincial Treasurer& the $rovincial -irector& the $rovincial *iscal and the ost senior -istrict 8n#ineer& as 'ebers Provided &at in cases where there are two or ore -ivision u%erintendents of chools in a %rovince& the Coission on 8lectionsall a%%oint as Chairan the ost senior aon# the& %reference bein# #iven to the -ivision u%erintendent of chools whonot a native of the sae %rovince. n case of non)availability& absence or inca%acity for any cause& of the Chairan& the


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ission shall desi#nate as his substitute any of the aforeentioned ebers of the Board. 0ith res%ect to the other bers& the Coission shall a%%oint as substitute the -istrict ealth fficer& the Re#ister of -eeds of the %rovince& or thest senior Clerk of the Court of *irst nstance of the %rovince& in that order.the City of 'anila& the Board of Canvassers shall be co%osed of a re%resentative fro the Coission on 8lections who isleast a decision chief& as Chairan and the City *iscal& the City Treasurer& the City Auditor& and the City u%erintendent of hools& as ebers. n case of non)availability& absence or inca%acity for any cause of the Chairan& the Coission shallsi#nate as his substitute any of the aforeentioned ebers of the Board Provided & That with res%ect to the other bers& the Coission shall a%%oint as substitute the City of 8n#ineer& the City ealth fficer& or the City Re#ister of eds& in that order.no case shall the Chairan and the ebers of the $rovincial Board of Canvassers or the Board of Canvassers for the City'anila& as the case be& be related to any of the candidates in their res%ective Hurisdictions within the fourth civil de#ree of

nsan#uinity or affinity.4 Canvass and $roclaation. The Board of Canvassers shall eet as soon as %ossible within the fifteen days ne(t followin# day of election. The $rovincial Treasurer or& in the City of 'anila& the City Treasurer& shall %roduce before it stateents of election returns in the different %recincts which ay have been delivered to hi. As soon as all the stateents are before it&

t not later than fifteen days ne(t followin# the date of election& the Board shall %roceed to ake a canvass of all the votesst in each district of the %rovince or the City of 'anila& as the case ay be& and shall ake se%arate stateents of the voteseived by each candidate for dele#ate for each district. 6%on co%letion of the stateent& the Board shall %roclai elected dele#ates to the Constitutional Convention the candidates who shall have obtained the hi#hest nuber of votesrres%ondin# to the nuber of dele#ates allotted to the district.

4 0hen tateents are Contradictory. n case it a%%ears to the Board of Canvassers that there e(ist another authentic co%yco%ies of returns fro an election %recinct subitted to the Board #ivin# any candidate a different nuber of votes& or therea difference in the words and fi#ures of the nuber of votes for any candidate& and in either case the difference affects theult of the election& u%on otion of the Board or of any candidate affected& and after due notice to all candidates in thetrict& the corres%ondin# Court of *irst nstance shall %roceed to deterine suarily on the face of the ori#inal and co%y or %ies of the returns whether or not the contradiction or difference is the result of ta%erin#& alteration or falsification of the


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#inal or any co%y or co%ies thereof after they had been si#ned by the Board of ns%ectors and should it so find& it shall direct Board to use whichever docuent or docuents it finds authentic. hould the Court entertain any doubt as to which

cuent is authentic& or should the contradiction or difference in their contents be an authentic discre%ancy& and if there are visible si#ns on the key or on the cla% to which the key is attached andGor on the ballot bo( of an atte%t to o%en the bo(re%lace the key nor si#ns of weldin# on any side which would #ive the court reasonable #rounds to believe that the inte#ritythe ballot bo( has been violated& it ay %roceed to recount the votes cast in the %recinct for the sole %ur%ose of deterinin#ich is the true result of the count of the votes cast in the %recinct in ,uestion Provided & ho#ever & That if u%on o%enin# there e(traneous atters or visible si#ns of re%laceent or ta%erin#& the court ay not %roceed to recount and shall forthwithse and seal the ballot bo( and deliver the sae to the Coission on 8lections for safekee%in#. hould it be i%ossible toterine the true result of the count& the court shall instruct the Board that no votes shall be counted fro the %recinct.Correction of tateents. 0henever all the ebers of the Board of 8lections ns%ectors certify that they have coitted

error or an oission in %re%arin# an election return& on unanious otion of the Board or of any candidate affected& andon %roof of notice to all candidates in the district& the %ro%er Court of *irst nstance shall& after verifyin# the error or oission&ceed to correct the return. 8ffect of rders in $re)$roclaation Controversies. The decision ade in any of the fore#oin# %roceedin#s shall not be%ealable& but it shall only be enforced five workin# days after recei%t thereof by the Board. t shall not be bindin# in anyction %rotest that ay be filed after the %roclaation of the winnin# candidate.ction %. egistration of $oters. The re#istration of voters in the election of dele#ates to the Constitutional Convention shallntinue to be conducted in accordance with the %rovisions of Re%ublic Act !ubered Three thousand five hundred and ei#hty)ht& as aended by Re%ublic Act !ubered *our thousand seven hundred and thirty Provided & That for %ur%oses of this

ction& the %eriods %rovided therein for s%ecial elections shall a%%ly Provided & further & That thirty days before election day& 8lection Re#istration Board shall start %ostin# in the %ollin# %laces the corres%ondin# %recinct lists of voters and shall

ntinue %ostin# fro tie to tie such su%%leentary lists as ay be necessary to co%lete the list of voters in each %recinctovided & finall" & That not later than nine days before the day of the election& all 8lection Re#istrars shall infor by s%eciallivery or other e(%editious eans of counication each re#istered voter in their res%ective Hurisdictions of his %recinctber and the e(act location of his %ollin# %lace.


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ction &. Prohi%ited &cts. n addition to and su%%leentin# %rohibited acts %rovided for in the Revised 8lection Code& in thection of dele#ates !o candidate for dele#ate to the Convention shall re%resent or allow hiself to be re%resented as bein# a candidate of anylitical %arty or any other or#anization& and no %olitical %arty& %olitical #rou%& %olitical coittee& civic& reli#ious& %rofessional&other or#anization or or#anized #rou% of whatever nature shall intervene in the noination of any such candidate or in the# of his certificate of candidacy or #ive aid or su%%ort& directly or indirectly& aterial or otherwise& favorable to or a#ainst his

%ai#n for election Provided & That this %rovision shall not a%%ly to the ebers of the faily of a candidate within the fourthil de#ree of consan#uinity or affinity& nor to the %ersonal ca%ai#n staff of the candidate& which shall not be ore than one every ten %recincts in his district Provided & further & That without %reHudice to any liability that ay be incurred& no %erit told a %ublic eetin# shall be denied on the #round that the %rovisions of this %ara#ra%h ay or will be violated and Provided &all" & That nothin# contained herein shall be construed to i%air or abrid#e the freedo of civic& %olitical& reli#ious&

fessionals& trade or#anization or or#anized #rou%s of whatever nature to disseinate inforation about& or arouse %ublicerest in& the forthcoin# Constitutional Convention or to advocate constitutional refors& %ro#ras& %olicies& or %ro%osals for endent of the %resent Constitution& and no %rohibition contained herein shall liit or curtail the ri#ht of their ebers& as# as they act individually& to su%%ort or o%%ose any candidate for dele#ate to the Constitutional Convention.ewise& no head of any e(ecutive de%artent& bureau or office& official or officer noinated or a%%ointed by the $resident of $hili%%ines& head or a%%ointin# officer of any #overnent)owned or controlled cor%oration& shall intervene in the noinationany such candidate& or in the filin# of his certificate of candidacy or #ive aid or su%%ort& directly or indirectly& aterial or erwise& in favor of or a#ainst his ca%ai#n for election. t shall be unlawful for any %ublic officer& head& official or a%%ointin# officer or body of a #overnent office& a#ency or

truentality& includin# cor%orations and enter%rises owned andGor controlled by the #overnent or any e%loyer or officer of oercial& industrial& a#ricultural& econoic or social enter%rise& or any %rivate %erson or %rivate cor%oration or associationany head& inister& officer or authority of any reli#ion& reli#ious& fraternal& civic or social or#anization& directly or indirectly toerce any of their subordinates& e%loyees& tenants& ebers& affiliates& %arishioners& or followers& as the case ay be& to& ca%ai#n& vote for or a#ainst any candidate in the election of dele#ates to the Constitutional Convention.e coercion referred to in this section shall include& but shall not be liited to& any of the followin# acts 214 To %unish or


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eaten to %unish with disissal& e(%ulsion& eHectent& e(counication& transfer& reduction in wa#e& salary or co%ensation to %revent& or unduly interfere with the %erforance of duty or work& or the e(ercise of the freedo of worshi% and 2=4 other s of %enalties or re%risal& as the case ay be. 8(ce%t u%on %rior written authority of the Coission after due notice and hearin#& it shall be unlawful for any head& officiala%%ointin# officer of a #overnent office& a#ency or instruentality& whether national or local& includin# cor%orations andter%rises owned or controlled by the #overnent& to a%%oint or hire any new e%loyees& whether %rovisional& te%orary or sual& or to create and fill any new %osition within forty)five days before the election %rovided for in this Act.e Coission shall not #rant the authority sou#ht unless it is satisfied that the %osition to be filled is essential to the %ro%er ctionin# of the office or a#ency concerned& and that the %osition shall not be filled in a anner that ay influence thection for dele#ate. an e(ce%tion to the fore#oin# %rovisions& a new e%loyee ay be a%%ointed in case or ur#ent need Provided & ho#ever &

at notice of the a%%ointent shall be #iven to the Coission and to all candidates within the district within three days fro date of the a%%ointent.y a%%ointent or hirin# in violation of this %rovision shall be null and void. t shall be unlawful for any #overnent official& includin# barrio officials& within forty)five days before the election& to release&burse or e(%end any funds forAny and all kinds of %ublic works& unless the authority of the Coission on 8lection is first obtained& which authority shall #iven only after due notice and hearin# and only for necessary aintenance or re%airs for the %reservation of e(istin# Hects.The -e%artent of ocial 0elfare and any other office in any other de%artent of the #overnent %erforin# functions

ilar to those of the said de%artent& e(ce%t for salaries of %ersonnel& and such other routine and noral e(%enses. hould alaity or disaster occur& all releases norally or usually coursed throu#h the said de%artents and offices shall be turneder to and adinistered and disbursed by the $hili%%ine !ational Red Cross& subHect to the su%ervision of the Auditor 5eneralhis re%resentative& and no candidate or his or her s%ouse shall be %resent durin# the distribution of any relief or other #oodsthe victis of the calaity or disaster.The $residential Ar on Calaity -evelo%ent and any other office in any other de%artent of the #overnent %erforin#


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ctions siilar to said de%artent& e(ce%t for salaries of %ersonnel and for such other necessary adinistrative e(%enses as Coission on 8lections ay %reviously authorize after due notice and hearin#. t shall be unlawful durin# the %eriod of forty)five days before the day of election %rovided for in this Act*or any %erson 2a4 to ake any reference to releases of %ublic works funds or barrio develo%ent funds& 2b4 to undertake thenstruction of %ublic works with aterials or e,ui%ent %rocured before the forty)five day %eriod& or 2c4 to ake deliveries of terials for %ublic works %urchased before the %rohibited %eriod& for the %ur%ose& in each of the fore#oin# cases& of influencin#

ters*or any #overnent official to #ive or %roise to #ive any increase of salary or reuneration or %rivile#es to any #overnenticial or e%loyee& includin# those in #overnent)owned or controlled cor%oration and*or any #overnent)owned or controlled cor%oration to #ive or cause to be #iven& andGor to contribute or cause to bentributed any sus of oney for any charitable& reli#ious& or social cause whatsoever.

-urin# the %eriod be#innin# thirty days before the election and endin# thirty days thereafter& it shall be unlawful for anyber of the Ared *orces of the $hili%%ines& includin# the $hili%%ine Constabulary& %ecial *orces& oe -efense *orces&rrio elf)-efense 6nits and all other %ara)ilitary units that now e(ist or ay hereafter be or#anized& to swear his unifor or ar ars outside the cla%& #arrison or barracks to which he is assi#ned or detailed 2or outside their hoes& in the case of bers of hoe defense forces& barrio self)defense units and other %ara)ilitary units4& unless 214 The $resident of theili%%ines shall have #iven %revious authority therefor& or 234 The Coission on 8lections authorizes hi to do so& whichthority it shall #ive only when necessary& to assist it in aintainin# free& honest and orderly elections& and only after noticed hearin#. All %ersonnel of the ared forces authorized by the $resident or the Coission on 8lections to bear ars or ar their unifors outside their ca%s and all %olice and %eace officers shall bear their true nae& rank and serial nuber& if

y& stitched in black letters on a white back#round on the left breast of their unifor& in letters and nubers of a clearly le#iblesi#n at least two centieters tall.thin# in this section shall be construed as in any anner affectin#& or constitutin# an i%airent of& the %ower of theesident as Coander)n)Chief of all ared forces of the $hili%%ines. t shall be unlawful for any eber of the security or %olice or#anizations of #overnent de%artents& coissions&uncils& bureaus& offices or #overnent)owned or controlled cor%orations& or %rivately)owned or o%erated security&


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esti#ative& %rotective& or intelli#ence a#encies& to wear his unifor or ake use of his insi#nias& decorations or re#alia& or ar ars& e(ce%t within the iediate vicinity of his de%artent& coission& council& bureau& office& cor%oration or a#encyrin# the %rohibited %eriod as %rovided in this Act. The Coission on 8lections shall decide all a%%lications for authority under this section within fifteen days fro the date of filin# of such a%%lication.ction '. &rrest of Persons Committing &cts of Terrorism. Any %erson who %ublicly bears ars in violation of ection F7F and93 of the Revised Adinistrative Code& as aended by Coonwealth Act !ubered @E& or %ublicly akes use of unifors&insi#nias& in violation of Article 179 of the Revised $enal Code& or of ection three of Re%ublic Act !ubered 7@ anywhererin# the %rohibited %eriod as %rovided in this Act& shall be subHect to arrest at the tie he is actually coittin# any of thee#oin# acts not only by a %eace officer but also by a %rivate %erson even in the absence of the circustances %rovided byle 11=& ection E of the Rules of Court.

y %erson who %ublicly carries a firear& and actually threatens voters to vote for a#ainst any candidate& or not to vote at all&%revents the Chairan or any eber of the 8lection Re#istration Board& the Board of ns%ectors or the Board of nvassers& or a duly a%%ointed watcher fro freely %erforin# his duties by eans of force& violence& coercion& threats andiidation& shall be #uilty of a serious election offense and ay likewise be %laced under arrest as %rovided in the %recedin#ra#ra%h.y %erson akin# the arrest with le#al #rounds shall& without unnecessary delay and within the tie %rescribed in Article 13@the Revised $enal Code& as aended& take the %erson arrested to the %ro%er court or Hud#e for such action as itGhe aye %ro%er to take.ction 1(. Criinal /iability of Custodians of lle#ally Released $risoners Before and After 8lection. The -irector of the

reau of $risons& the $rovincial 0arden& the :ee%er of the Hail and the %erson or %ersons who are re,uired by law to kee%soners in their custody who shall ille#ally order or allow any %risoner detained in the national %enitentiary& %rovincial& city or nici%al Hail to leave the %reises thereof si(ty 2E4 days before and thirty 2=4 days after the election for the %ur%ose of rorizin# or intiidatin# any voter& the Chairan or a eber of the Board of 8lection ns%ectors& the Board of Canvassers& or 8lection Re#istration Board& or a duly a%%ointed watcher& shall& if convicted by a co%etent court& be ade to suffer the

nalty of %rision ayor in its a(iu %eriod Provided & That if the %risoner or %risoners so ille#ally released thus coits


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y such act of intiidation& terroris or interference& then the %enalty shall be life i%risonent.ction 11. $acanc" in the Position of Delegate. 0henever a vacancy occurs in the %osition of -ele#ate& the Coission onctions& u%on due certification of the e(istence of such vacancy and recoendation by the Convention& shall iediately

ll a s%ecial election to fill the vacancy& which election shall be held within thirty days fro the date of said call.ould the vacancy occur before the start of the convention& the Coission on 8lections& after verification of the saidcancy& shall call and hold a s%ecial election as above %rovided.ction 1. egulations of Election Spending and Propaganda. The followin# %rovisions shall #overn election s%endin# and%a#anda in the election %rovided for in this Act

4 The Coission on 8lections shall construct at least one billboard which shall be known as Coelec billboard as centrally %ossible in every city& unici%ality& unici%al district& and barrio of sufficient %o%ulation density. uch billboard shall be of fficient size and %eranency to allow each candidate in the district ade,uate s%ace therein to announce his candidacy with

ch desi#n and with such brief stateent of his ,ualifications andGor views on constitutional refors as the candidate aysire& subHect to s%ace liitations which shall be allocated by lottery by the Coission e,ually and i%artially aon# thendidates of the district.4 The franchises of all radio broadcastin# and television stations are hereby aended so as to re,uire each such station tonish to the Coission on 8lections& free of char#e& durin# the %eriod of the ca%ai#n& at least one but not ore than twours of %rie tie at least once each week& but not oftener than every other day& which shall be known as Coelec tie. Theission on 8lections shall deterine& within the liits herein set& how uch tie is re,uired and shall allocate theelec tie by lottery e,ually and i%artially aon# the candidates in the districts within the area of covera#e of said radioadcastin# and television stations.

4 utside Coelec billboards and Coelec tie any candidate or other %erson ay %roduce or distribute& or cause to beduced or distributed& for the %ur%ose of furtherin# or o%%osin# the candidacy of any %erson& only the followin# fors of ction %ro%a#anda $a%hlets& leaflets& cards or other written or %rinted aterial of a size not ore that ei#ht and one)half inches in width byrteen inches in len#th& containin# the candidateIs %icture& activities& s%ecial ,ualifications or his views on the issues of nstitutional Refor or other data relevant to his candidacy and


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andwritten or %rinted letters& ur#in# voters to vote for or a#ainst any %articular candidate.4 t shall be unlawful for any candidate to avail of the frankin# %rivile#e& and for any official of the #overnent to use or e(tendch %rivile#e& for the %ur%ose of furtherin# or o%%osin# the candidacy of any %erson as dele#ate to the Constitutional

nvention.4 All other fors of %ro%a#anda are %rohibited. Accordin#ly& outside of Coelec billboards& it shall be unlawful to erect& attach&at or dis%lay any billboard& streaer& tin%late %oster& balloon and the like& of whatever size& sha%e& for or kind& advertisin# nae of any candidate and it shall likewise be unlawful to %urchase& %roduce& re,uest or distribute sa%le ballots& or ctoral %ro%a#anda #ad#ets such as %ens& li#hters& fans 2of whatever nature4& flashli#hts& athletic #oods or aterial& wallets&ndanas& shirts& hats& atches& ci#arette& and the like& whether of doestic or forei#n ori#in. Any %rohibited election%a#anda& %ro%a#anda #ad#ets or advertisin# ay be confiscated or torn down by the Coelec u%ervisor u%on authority of Coission on 8lections. n no case& however& shall election su%ervisors or re#istrars be assi#ned to a district or districts

ere they are related to any candidate within the fourth civil de#ree of consan#uinity or affinity. iilarly& a%art fro Coelece& it shall be unlawful for any radio broadcastin# or television station& oviehouse or theater to show& to dis%lay or to #ivey advertisin# or %ro%a#anda to any candidate nor ay any candidate a%%ear on any interview or %ro#ra& unless all other ndidates in the district are also invited to a%%ear. The Coission on 8lections shall endeavor to obtain free s%ace fro news%a%ers& a#azines and %eriodicals which shall known as Coelec %ace& and shall allocate this s%ace e,ually and i%artially aon# all candidates within the areas inich the news%a%ers are circulated. utside of said Coelec s%ace& it shall be unlawful to %rint or %ublish& or cause to bented or %ublished& any advertiseent& %aid coent or %aid article in furtherance of or in o%%osition to the candidacy of anyrson for dele#ate& or entionin# the nae of any candidate and the fact of his candidacy& unless all the naes of all other

ndidates in the district in which the candidate entioned is runnin# are also entioned with e,ual %roinence.4 All candidates and all other %ersons akin# or receivin# e(%enditures& contributions or donations which in their totalityceed fifty %esos& in order to further or o%%ose the candidacy of any candidate& shall file a stateent of all such e(%endituresd contributions ade or received on such dates and with such details as the Coission on 8lections shall %rescribe byes. The total e(%enditures ade by a candidate& or by any other %erson with the knowled#e and consent of the candidate&all not e(ceed thirty)two thousand %esos.


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4 !othin# in this section shall %reclude news covera#e by the ass edia of si#nificant and newsworthy events& views& %ublicetin#s or rallies involvin# any candidate in any news %ro#ra& newsreel& news%a%er& a#azine& or other %eriodical

ovided & That it shall be unlawful for any radio broadcastin# and television station to schedule any %ro#ra or %erit any

onsor to anifestly favor or o%%ose any candidate by unduly referrin# to hi or includin# hi in its %ro#ras or newscast.ction 1!. 'ho (a" Convene. The Chairan of the Coission on 8lections shall take char#e of all arran#eents for thenvenin# of the Constitutional Convention. The $resident of the enate and the %eaker of the ouse of Re%resentativesall Hointly %reside at its o%enin# session. The Convention shall eet in the session hall of three ouse of Re%resentatives onne first& nineteen hundred and seventy)one at ten oIclock in the ornin#. Thereafter& the Convention ay in its discretion holdsession at any other %lace within the Re%ublic of the $hili%%ines. 6nless the Convention %rovides otherwise& a aHority of allebers shall constitute a ,uoru to do business& but a saller nuber ay eet& adHourn fro day to day& and co%el attendance of absent ebers. The Convention shall be the sole Hud#e of the election& returns& and ,ualifications of its

bers and it ay or#anize and ado%t such rules as it ay see fit.ction 1". &dministration and Technical &ssistance. All #overnent entities& a#encies and instruentalities& includin# thenate and ouse of Re%resentatives& shall %lace at the dis%osal of the Convention such %ersonnel& %reises& and furniturereof as can& in their Hud#ent& be s%ared without detrient to the %ublic service& without cost& refund or additional %ay.ction 1#. Parliamentar" )mmunit". The laws relative to %arliaentary iunity of the 'ebers of Con#ress shall be%licable to the dele#ates to the Constitutional Convention& and the %enalties i%osed in Articles one hundred forty)three& onendred forty)four and one hundred forty)five of the Revised $enal Code& as aended& for offenses defined therein a#ainst then#ress of the $hili%%ines& its coittees or subcoittees& or its 'ebers shall likewise a%%ly if such offenses areitted a#ainst the Constitutional Convention& its coittees or subcoittees& or the dele#ates thereto.

ction 1$. Per diems and Traveling E*penses of Delegates. 8ach dele#ate shall be entitled to a %er die of one hundredsos for every day of attendance in the Convention or any of its coittees and to the necessary travelin# e(%enses to and his residence when attendin# the sessions of the Convention or of its coittees.ction 1%. Po#ers of the Commission on Elections. The Coission on 8lection shall& in addition to the %owers andctions conferred u%on it by the Constitution and the Revised 8lection Code& as aended& have the followin# %owers To %roul#ate rules and re#ulations to carry out the %rovisions of this Act within thirty days after its a%%roval


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To re,uire all law)enforceent a#encies and instruentalities of the #overnent and authorize RTC Cadets to act as%uties for the %ur%ose of insurin# a free& orderly and honest election To e(ecute it s decisions& directives& orders and instructions on any atter affectin# the conduct of the election of dele#ates

the Constitutional Convention and& in the i%leentation thereof& the sae decisions& directives& orders and instructionsall have %recedence over those eanatin# fro any other authority e(ce%t the u%ree Court& and those issued in habeasr%us %roceedin#s By unanious vote of the ebers& %ost%one the election in any %olitical division or subdivision when it shall find& after duetice to all candidates concerned and %ro%er hearin#& that the holdin# of a free& orderly and honest election therein is rendered%ossible by reason or reasons of fraud& violence& coercion& terroris& or any other serious cause or causes. The Coissionall iediately call for the holdin# of a s%ecial election in said %olitical division or subdivision when in its Hud#ent thenditions therein warrant the holdin# of the sae.

0henever the Coission deterines& after notice and hearin#& that no votin# has been held or that votin# has beens%ended before the hour fi(ed by law for the closin# of the votin# in any %recinct or %recincts because of force aHeure&lence or terroris& and the votes not cast therein are sufficient to affect the results of the election& the Coission ay call the holdin# or continuation of the election in the %recinct or %recincts concerned. $endin# such call& no candidate whosection ay be affected by the holdin# or continuation of the election& shall be %roclaied elected.The Chairan and ebers of the Coission on 8lections& bein# in char#e of enforcin# this law and e(ercisin# ,uasi)icial functions& aside fro bein# subHect to the %rohibitions %rovided under the last %ara#ra%h of ection F 2A4 of this Act&all also be subHect to the Canons of +udicial 8thics. eber of the Coission on 8lections& includin# the Chairan& shall sit in any case arisin# under this Act in which he has

nifested or harbored bias& %reHudice& or anta#onis a#ainst any %arty to the case& or in any case in which he would be,ualified under Rule 1=7 of the Rules of Court.ction 1&. Penalt" Clause. A violation of any of the %rovisions of this Act shall be considered a serious election offenserryin# a %enalty of i%risonent of not less than one year and one day but not ore than five years.e offender shall be further sentenced to suffer dis,ualifications to hold any %ublic office and de%rivation of the ri#hts of ffra#e for not less than one year but not ore than nine years and& if he is a forei#ner& he shall be de%orted iediately after


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rvice of his %rison ter. hould the violation be coitted by a %olitical %arty or any or#anized #rou% hereinbefore %rohibited& individuals who induced& ordered& directly %artici%ated& or indis%ensably coo%erated in the coission of the sae shall be

ually liable& and shall suffer the %enalties herein %rovided.

ction 1'. Petition for Declarator" elief. Any natural or Huridical %erson whose ri#hts are affected by any %rovision of this Act&y& before breach or violation thereof& brin# an action to deterine any ,uestion of construction& validity or constitutionality

sin# under this Act and for a declaration of his ri#hts or duties thereunder.any action involvin# the construction& validity or constitutionality of any %rovision under this Act& the olicitor 5eneral shall betified by the %arty contestin# such %rovision and shall be entitled to be heard u%on such ,uestion.e %etition shall be filed with the u%ree Court and shall be #iven %recedence over any other civil business %endin# therein.ction (. &ppropriation. There is hereby a%%ro%riated out of any funds in the !ational Treasury not otherwise a%%ro%riated& su of seventeen illion %esos for the holdin# of the election of dele#ates to the Constitutional Convention which shall

on re,uest& be ade iediately available to the Coission on 8lections only for %ur%oses of this Act and twelve illionsos for the e(%enses of said convention.ction 1. Separa%ilit" Clause. f for any reason any section or %rovision of this Act& or any %ortion thereof& or the a%%licationsuch section& %rovision or %ortion to any %erson #rou% or circustance& is declared invalid or unconstitutional& the reainder the Act or the a%%lication of such %rovision to other %ersons& #rou% or circustances shall not be affected by suchclaration.ction . epealing Clause. Re%ublic Act !ubered >91>& and all other laws& rules& re#ulations& or %arts thereof which areonsistent with this Act are hereby re%ealed& aended or odified accordin#ly for %ur%oses of the election of dele#ates asrein %rovided.

ction !. This Act take effect u%on its a%%roval.%roved Au#ust 3>& 197

/aw%hil $roHect ) Arellano /aw *oundation


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An Act Implementing Resolution of Both Houses Numbered Two as Amended by Resolution of Both Houses...

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Transcript of An Act Implementing Resolution of Both Houses Numbered Two as Amended by Resolution of Both Houses...