1971 Constitutional Convention Act (RA 6132) Philippines — BatasKo ELI5

Section 7.

Registration of Voters.

The registration of voters in the election of delegates to the Constitutional Convention shall continue to be conducted in accordance with the provisions of Republic Act Numbered Three thousand five hundred and eighty-eight, as amended by Republic Act Numbered Four thousand seven hundred and thirty:

Provided

, That for purposes of this election, the periods provided therein for special elections shall apply:

Provided

,

further

, That thirty days before election day, the Election Registration Board shall start posting in the polling places the corresponding precinct lists of voters and shall continue posting from time to time such supplementary lists as may be necessary to complete the list of voters in each precinct:

Provided

,

finally

, That not later than nine days before the day of the election, all Election Registrars shall inform by special delivery or other expeditious means of communication each registered voter in their respective jurisdictions of his precinct number and the exact location of his polling place.

Section 8.

Prohibited Acts.

In addition to and supplementing prohibited acts provided for in the Revised Election Code, in the election of delegates:

(a) No candidate for delegate to the Convention shall represent or allow himself to be represented as being a candidate of any political party or any other organization, and no political party, political group, political committee, civic, religious, professional, or other organization or organized group of whatever nature shall intervene in the nomination of any such candidate or in the filing of his certificate of candidacy or give aid or support, directly or indirectly, material or otherwise, favorable to or against his campaign for election:

Provided

, That this provision shall not apply to the members of the family of a candidate within the fourth civil degree of consanguinity or affinity, nor to the personal campaign staff of the candidate, which shall not be more than one for every ten precincts in his district:

Provided

,

further

, That without prejudice to any liability that may be incurred, no permit to hold a public meeting shall be denied on the ground that the provisions of this paragraph may or will be violated: and

Provided

,

finally

, That nothing contained herein shall be construed to impair or abridge the freedom of civic, political, religious, professionals, trade organization or organized groups of whatever nature to disseminate information about, or arouse public interest in, the forthcoming Constitutional Convention or to advocate constitutional reforms, programs, policies, or proposals for amendment of the present Constitution, and no prohibition contained herein shall limit or curtail the right of their members, as long as they act individually, to support or oppose any candidate for delegate to the Constitutional Convention.

Likewise, no head of any executive department, bureau or office, official or officer nominated or appointed by the President of the Philippines, head or appointing officer of any government-owned or controlled corporation, shall intervene in the nomination of any such candidate, or in the filing of his certificate of candidacy or give aid or support, directly or indirectly, material or otherwise, in favor of or against his campaign for election.

(b) It shall be unlawful for any public officer, head, official or appointing officer or body of a government office, agency or instrumentality, including corporations and enterprises owned and/or controlled by the government; or any employer or officer of a commercial, industrial, agricultural, economic or social enterprise, or any private person or private corporation or association; or any head, minister, officer or authority of any religion, religious, fraternal, civic or social organization, directly or indirectly to coerce any of their subordinates, employees, tenants, members, affiliates, parishioners, or followers, as the case may be, to aid, campaign, vote for or against any candidate in the election of delegates to the Constitutional Convention.

The coercion referred to in this section shall include, but shall not be limited to, any of the following acts: (1) To punish or threaten to punish with dismissal, expulsion, ejectment, excommunication, transfer, reduction in wage, salary or compensation; (2) to prevent, or unduly interfere with the performance of duty or work, or the exercise of the freedom of worship; and (3) other forms of penalties or reprisal, as the case may be.

(c) Except upon prior written authority of the Commission after due notice and hearing, it shall be unlawful for any head, official or appointing officer of a government office, agency or instrumentality, whether national or local, including corporations and enterprises owned or controlled by the government, to appoint or hire any new employees, whether provisional, temporary or casual, or to create and fill any new position within forty-five days before the election provided for in this Act.

The Commission shall not grant the authority sought unless it is satisfied that the position to be filled is essential to the proper functioning of the office or agency concerned, and that the position shall not be filled in a manner that may influence the election for delegate.

As an exception to the foregoing provisions, a new employee may be appointed in case or urgent need:

Provided

,

however

, That notice of the appointment shall be given to the Commission and to all candidates within the district within three days from the date of the appointment.

Any appointment or hiring in violation of this provision shall be null and void.

(d) It shall be unlawful for any government official, including barrio officials, within forty-five days before the election, to release, disburse or expend any funds for:

1. Any and all kinds of public works, unless the authority of the Commission on Election is first obtained, which authority shall be given only after due notice and hearing and only for necessary maintenance or repairs for the preservation of existing projects.

2. The Department of Social Welfare and any other office in any other department of the government performing functions similar to those of the said department, except for salaries of personnel, and such other routine and normal expenses. Should a calamity or disaster occur, all releases normally or usually coursed through the said departments and offices shall be turned over to and administered and disbursed by the Philippine National Red Cross, subject to the supervision of the Auditor General or his representative, and no candidate or his or her spouse shall be present during the distribution of any relief or other goods to the victims of the calamity or disaster.

3. The Presidential Arm on Calamity Development and any other office in any other department of the government performing functions similar to said department, except for salaries of personnel and for such other necessary administrative expenses as the Commission on Elections may previously authorize after due notice and hearing.

(e) It shall be unlawful during the period of forty-five days before the day of election provided for in this Act:

1. For any person (a) to make any reference to releases of public works funds or barrio development funds, (b) to undertake the construction of public works with materials or equipment procured before the forty-five day period, or (c) to make deliveries of materials for public works purchased before the prohibited period, for the purpose, in each of the foregoing cases, of influencing voters;

2. For any government official to give or promise to give any increase of salary or remuneration or privileges to any government official or employee, including those in government-owned or controlled corporation; and

3. For any government-owned or controlled corporation to give or cause to be given, and/or to contribute or cause to be contributed any sums of money for any charitable, religious, or social cause whatsoever.

(f) During the period beginning thirty days before the election and ending thirty days thereafter, it shall be unlawful for any member of the Armed Forces of the Philippines, including the Philippine Constabulary, Special Forces, Home Defense Forces, Barrio Self-Defense Units and all other para-military units that now exist or may hereafter be organized, to swear his uniform or bear arms outside the clamp, garrison or barracks to which he is assigned or detailed (or outside their homes, in the case of members of home defense forces, barrio self-defense units and other para-military units), unless (1) The President of the Philippines shall have given previous authority therefor, or (2) The Commission on Elections authorizes him to do so, which authority it shall give only when necessary, to assist it in maintaining free, honest and orderly elections, and only after notice and hearing. All personnel of the armed forces authorized by the President or the Commission on Elections 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 black 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.

Nothing in this section shall be construed as in any manner affecting, or constituting an impairment of, the power of the President as Commander-In-Chief of all armed forces of the Philippines.

(g) It shall be unlawful for any member of the security or police organizations of government departments, commissions, councils, bureaus, offices or government-owned or controlled corporations, or privately-owned or operated security, investigative, protective, or intelligence agencies, to wear his uniform or make use of his insignias, decorations or regalia, or bear arms, except within the immediate vicinity of his department, commission, council, bureau, office, corporation or agency during the prohibited period as provided in this Act.

(h) The Commission on Elections shall decide all applications for authority under this section within fifteen days from the date of the filing of such application.

Section 9.

Arrest of Persons Committing Acts of Terrorism.

Any person who publicly bears arms in violation of Section 878 and 2692 of the Revised Administrative Code, as amended by Commonwealth Act Numbered 56, or publicly makes use of uniforms, or insignias, in violation of Article 179 of the Revised Penal Code, or of Section three of Republic Act Numbered 75 anywhere during the prohibited period as provided in this Act, shall be subject to arrest at the time he is actually committing any of the foregoing acts not only by a peace officer but also by a private person even in the absence of the circumstances provided by Rule 113, Section 6 of the Rules of Court.

Any person who publicly carries a firearm, and actually threatens voters to vote for against any candidate, or not to vote at all, or prevents the Chairman or any member of the Election Registration Board, the Board of Inspectors or the Board of Canvassers, or a duly appointed watcher from freely performing his duties by means of force, violence, coercion, threats and intimidation, shall be guilty of a serious election offense and may likewise be placed under arrest as provided in the preceding paragraph.

Any person making the arrest with legal grounds shall, without unnecessary delay and within the time prescribed in Article 125 of the Revised Penal Code, as amended, take the person arrested to the proper court or judge for such action as it/he may deem proper to take.

Section 10.

Criminal Liability of Custodians of Illegally Released Prisoners Before and After Election. The Director of the Bureau of Prisons, the Provincial Warden, the Keeper of the jail and the person or persons who are required by law to keep prisoners in their custody who shall illegally order or allow any prisoner detained in the national penitentiary, provincial, city or municipal jail to leave the premises thereof sixty (60) days before and thirty (30) days after the election for the purpose of terrorizing or intimidating any voter, the Chairman or a member of the Board of Election Inspectors, the Board of Canvassers, or the Election Registration Board, or a duly appointed watcher, shall, if convicted by a competent court, be made to suffer the penalty of prision mayor in its maximum period:

Provided

, That if the prisoner or prisoners so illegally released thus commits any such act of intimidation, terrorism or interference, then the penalty shall be life imprisonment.

Section 11.

Vacancy in the Position of Delegate.

Whenever a vacancy occurs in the position of Delegate, the Commission on Elections, upon due certification of the existence of such vacancy and recommendation by the Convention, shall immediately call a special election to fill the vacancy, which election shall be held within thirty days from the date of said call.

Should the vacancy occur before the start of the convention, the Commission on Elections, after verification of the said vacancy, shall call and hold a special election as above provided.

Section 12.

Regulations of Election Spending and Propaganda.

The following provisions shall govern election spending and propaganda in the election provided for in this Act:

(A) The Commission on Elections shall construct at least one billboard which shall be known as Comelec billboard as centrally as possible in every city, municipality, municipal district, and barrio of sufficient population density. Such billboard shall be of sufficient size and permanency to allow each candidate in the district adequate space therein to announce his candidacy with such design and with such brief statement of his qualifications and/or views on constitutional reforms as the candidate may desire, subject to space limitations which shall be allocated by lottery by the Commission equally and impartially among the candidates of the district.

(B) The franchises of all radio broadcasting and television stations are hereby amended so as to require each such station to furnish to the Commission on Elections, free of charge, during the period of the campaign, at least one but not more than two hours of prime time at least once each week, but not oftener than every other day, which shall be known as Comelec time. The Commission on Elections shall determine, within the limits herein set, how much time is required and shall allocate the Comelec time by lottery equally and impartially among the candidates in the districts within the area of coverage of said radio broadcasting and television stations.

(C) Outside Comelec billboards and Comelec time any candidate or other person may produce or distribute, or cause to be produced or distributed, for the purpose of furthering or opposing the candidacy of any person, only the following forms of election propaganda:

(1) Pamphlets, leaflets, cards or other written or printed material of a size not more that eight and one-half inches in width by fourteen inches in length, containing the candidate's picture, activities, special qualifications or his views on the issues of Constitutional Reform or other data relevant to his candidacy; and

(2) Handwritten or printed letters, urging voters to vote for or against any particular candidate.

(D) It shall be unlawful for any candidate to avail of the franking privilege, and for any official of the government to use or extend such privilege, for the purpose of furthering or opposing the candidacy of any person as delegate to the Constitutional Convention.

(E) All other forms of propaganda are prohibited. Accordingly, outside of Comelec billboards, it shall be unlawful to erect, attach, float or display any billboard, streamer, tinplate poster, balloon and the like, of whatever size, shape, form or kind, advertising the name of any candidate; and it shall likewise be unlawful to purchase, produce, request or distribute sample ballots, or electoral propaganda gadgets such as pens, lighters, fans (of whatever nature), flashlights, athletic goods or material, wallets, bandanas, shirts, hats, matches, cigarette, and the like, whether of domestic or foreign origin. Any prohibited election propaganda, propaganda gadgets or advertising may be confiscated or torn down by the Comelec Supervisor upon authority of the Commission on Elections. In no case, however, shall election supervisors or registrars be assigned to a district or districts where they are related to any candidate within the fourth civil degree of consanguinity or affinity. Similarly, apart from Comelec time, it shall be unlawful for any radio broadcasting or television station, moviehouse or theater to show, to display or to give any advertising or propaganda to any candidate; nor may any candidate appear on any interview or program, unless all other candidates in the district are also invited to appear.

(F) The Commission on Elections shall endeavor to obtain free space from newspapers, magazines and periodicals which shall be known as Comelec Space, and shall allocate this space equally and impartially among all candidates within the areas in which the newspapers are circulated. Outside of said Comelec space, it shall be unlawful to print or publish, or cause to be printed or published, any advertisement, paid comment or paid article in furtherance of or in opposition to the candidacy of any person for delegate, or mentioning the name of any candidate and the fact of his candidacy, unless all the names of all other candidates in the district in which the candidate mentioned is running are also mentioned with equal prominence.

(G) All candidates and all other persons making or receiving expenditures, contributions or donations which in their totality exceed fifty pesos, in order to further or oppose the candidacy of any candidate, shall file a statement of all such expenditures and contributions made or received on such dates and with such details as the Commission on Elections shall prescribe by rules. The total expenditures made by a candidate, or by any other person with the knowledge and consent of the candidate, shall not exceed thirty-two thousand pesos.

(H) Nothing in this section shall preclude news coverage by the mass media of significant and newsworthy events, views, public meetings or rallies involving any candidate in any news program, newsreel, newspaper, magazine, or other periodical:

Provided

, That it shall be unlawful for any radio broadcasting and television station to schedule any program or permit any sponsor to manifestly favor or oppose any candidate by unduly referring to him or including him in its programs or newscast.

Section 13.

Who May Convene.

The Chairman of the Commission on Elections shall take charge of all arrangements for the convening of the Constitutional Convention. The President of the Senate and the Speaker of the House of Representatives shall jointly preside at its opening session. The Convention shall meet in the session hall of three House of Representatives on June first, nineteen hundred and seventy-one at ten o'clock in the morning. Thereafter, the Convention may in its discretion hold its session at any other place within the Republic of the Philippines. Unless the Convention provides otherwise, a majority of all its members shall constitute a quorum to do business, but a smaller number may meet, adjourn from day to day, and compel the attendance of absent members. The Convention shall be the sole judge of the election, returns, and qualifications of its members and it may organize and adopt such rules as it may see fit.

Section 14.

Administration and Technical Assistance.

All government entities, agencies and instrumentalities, including the Senate and House of Representatives, shall place at the disposal of the Convention such personnel, premises, and furniture thereof as can, in their judgment, be spared without detriment to the public service, without cost, refund or additional pay.

Section 15.

Parliamentary Immunity.

The laws relative to parliamentary immunity of the Members of Congress shall be applicable to the delegates to the Constitutional Convention, and the penalties imposed in Articles one hundred forty-three, one hundred forty-four and one hundred forty-five of the Revised Penal Code, as amended, for offenses defined therein against the Congress of the Philippines, its committees or subcommittees, or its Members shall likewise apply if such offenses are committed against the Constitutional Convention, its committees or subcommittees, or the delegates thereto.

Section 16.

Per diems and Traveling Expenses of Delegates.

Each delegate shall be entitled to a per diem of one hundred pesos for every day of attendance in the Convention or any of its committees and to the necessary traveling expenses to and from his residence when attending the sessions of the Convention or of its committees.

Section 17.

Powers of the Commission on Elections.

The Commission on Election shall, in addition to the powers and functions conferred upon it by the Constitution and the Revised Election Code, as amended, have the following powers:

(a) To promulgate rules and regulations to carry out the provisions of this Act within thirty days after its approval:

(b) To require all law-enforcement agencies and instrumentalities of the government and authorize ROTC Cadets to act as deputies for the purpose of insuring a free, orderly and honest election;

(c) To execute it s decisions, directives, orders and instructions on any matter affecting the conduct of the election of delegates to the Constitutional Convention; and, in the implementation thereof, the same decisions, directives, orders and instructions shall have precedence over those emanating from any other authority except the Supreme Court, and those issued in habeas corpus proceedings:

(d) By unanimous vote of the members, postpone the election in any political division or subdivision when it shall find, after due notice to all candidates concerned and proper hearing, that the holding of a free, orderly and honest election therein is rendered impossible by reason or reasons of fraud, violence, coercion, terrorism, or any other serious cause or causes. The Commission shall immediately call for the holding of a special election in said political division or subdivision when in its judgment the conditions therein warrant the holding of the same.

(e) Whenever the Commission determines, after notice and hearing, that no voting has been held or that voting has been suspended before the hour fixed by law for the closing of the voting in any precinct or precincts because of force majeure, violence or terrorism, and the votes not cast therein are sufficient to affect the results of the election, the Commission may call for the holding or continuation of the election in the precinct or precincts concerned. Pending such call, no candidate whose election may be affected by the holding or continuation of the election, shall be proclaimed elected.

(f) The Chairman and members of the Commission on Elections, being in charge of enforcing this law and exercising quasi- judicial functions, aside from being subject to the prohibitions provided under the last paragraph of Section 8 (A) of this Act, shall also be subject to the Canons of Judicial Ethics.

No member of the Commission on Elections, including the Chairman, shall sit in any case arising under this Act in which he has manifested or harbored bias, prejudice, or antagonism against any party to the case, or in any case in which he would be disqualified under Rule 137 of the Rules of Court.

Section 18.

Penalty Clause.

A violation of any of the provisions of this Act shall be considered a serious election offense carrying a penalty of imprisonment of not less than one year and one day but not more than five years.

The offender shall be further sentenced to suffer disqualifications to hold any public office and deprivation of the rights of suffrage for not less than one year but not more than nine years; and, if he is a foreigner, he shall be deported immediately after service of his prison term. Should the violation be committed by a political party or any organized group hereinbefore prohibited, the individuals who induced, ordered, directly participated, or indispensably cooperated in the commission of the same shall be equally liable, and shall suffer the penalties herein provided.

Section 19.

Petition for Declaratory Relief.

Any natural or juridical person whose rights are affected by any provision of this Act, may, before breach or violation thereof, bring an action to determine any question of construction, validity or constitutionality arising under this Act and for a declaration of his rights or duties thereunder.

In any action involving the construction, validity or constitutionality of any provision under this Act, the Solicitor General shall be notified by the party contesting such provision and shall be entitled to be heard upon such question.

The petition shall be filed with the Supreme Court and shall be given precedence over any other civil business pending therein.

Section 20.

Appropriation.

There is hereby appropriated out of any funds in the National Treasury not otherwise appropriated, the sum of seventeen million pesos for the holding of the election of delegates to the Constitutional Convention which shall upon request, be made immediately available to the Commission on Elections only for purposes of this Act and twelve million pesos for the expenses of said convention.

Section 21.

Separability Clause.

If for any reason any section or provision of this Act, or any portion thereof, or the application of such section, provision or portion to any person group or circumstance, is declared invalid or unconstitutional, the remainder of the Act or the application of such provision to other persons, group or circumstances shall not be affected by such declaration.

Section 22.

Repealing Clause.

Republic Act Numbered 4914, and all other laws, rules, regulations, or parts thereof which are inconsistent with this Act are hereby repealed, amended or modified accordingly for purposes of the election of delegates as herein provided.

Section 23.

This Act take effect upon its approval.

Approved: August 24, 1970

The Lawphil Project - Arellano Law Foundation