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Batas Pambansa Bilang 883
AN
ACT CALLING A SPECIAL ELECTION FOR PRESIDENT AND VICE-PRESIDENT,
PROVIDING
FOR THE MANNER OF THE HOLDING THEREOF, APPROPRIATING FUNDS THEREFOR,
AND
FOR OTHER PURPOSES.
chan
robles
virtual law library
BATAS
PAMBANSA BILANG 883AN
ACT CALLING A SPECIAL ELECTION FOR PRESIDENT AND VICE-PRESIDENT,
PROVIDING
FOR THE MANNER OF THE HOLDING THEREOF, APPROPRIATING FUNDS THEREFOR,
AND
FOR OTHER PURPOSES.chan
robles
virtual law library
chanrobles virtual law librarySection
1. Special election for President
and Vice-President. — There shall be a special election for President
and
Vice-President on February 7, 1986. chanrobles virtual law library
Sec.
2. Direct vote and term of office.
— The President and the Vice-President shall be elected by direct vote
of the people for a term of six years which shall begin at noon on the
tenth day following their proclamation and shall end at noon on the
thirtieth
day of June of the sixth year thereafter.chanrobles virtual law library
Sec.
3. Filing of certificate of candidacy.
— No person shall be elected President or Vice-President unless he
files
a sworn certificate of candidacy not later than December 11, 1985.
Sec.
4. Nomination of official candidates.
— Political parties, coalitions, and other similar groups or
organizations
shall submit to the Commission on Elections a certificate of nomination
of their respective official candidates not later than December 21,
1985.
Sec.
5. Election and campaign periods.
— The election period shall be fixed by the Commission on Elections in
accordance with Section 6, Article XII(C) of the Constitution. chanrobles virtual law library
The
campaign period shall commence on December 11, 1985 and shall terminate
on February 5, 1986. chanrobles virtual law library
Sec.
6. Registration of voters. —
The board of election inspectors in polling places determined by the
Commission
on Elections shall meet on December 21 and 28, 1985 to receive and act
on applications for registration of qualified voters, from seven
o'clock
in the morning to four o'clock in the afternoon. The said board shall
include
the newly registered voters in the list of voters for the particular
polling
place in which they have registered.chanrobles virtual law library
Within
seven working days counted from the last day of registration provided
herein,
the municipal or city election registrar shall transmit direct to the
Commission
on Elections the exact number of qualified voters newly registered by
the
respective boards, together with the comparative data showing the
increase/decrease
in the number and percentage of the voters registered thereat in the
May
14, 1984 Batasang Pambansa elections. The Commission on Elections shall
publish in a newspaper of national circulation a summary of the
aforementioned
information classified on the basis of provinces, cities and
municipalities,
and shall also furnish a copy thereof to the representatives of the
majority
party and the dominant opposition party.
Sec.
7. Meeting to close the list of voters
before election. — The board of election inspectors shall also meet on
January 16, 1986 for the purpose of making such inclusions, exclusions,
and corrections as may be or have been ordered by the courts, stating
opposite
every name so corrected, added, or cancelled the date of the order and
the court which issued the same, and for the consecutive numbering of
the
voters of the polling place.chanrobles virtual law library
Should
the board fail to include in the list of voters any person ordered by a
competent court to be so included, said person shall, upon presentation
of a certified copy of the order of inclusion and upon proper
identification,
be allowed by the board to vote.
Should
the board fail to exclude from the list of voters any person ordered by
the court to be so excluded, the board shall not permit said person to
vote upon presentation to it by any interested party of a certified
copy
of the order of exclusion.
After
the meeting of the board to close the list of voters as provided for in
this section, the board shall prepare a list of the inclusions,
exclusions
and/or corrections, if any, and furnish copies of such list duly signed
by all its members to the respective representatives of the majority
party
and the dominant opposition party in such board.
Sec.
8. Inclusion and exclusion proceedings.
— The candidates and their respective political parties shall have up
to
January 31, 1986 within which to file inclusion and exclusion
proceedings.chanrobles virtual law library
Sec.
9. Accreditation of dominant
opposition party. — For purposes of the special election herein
provided,
the dominant opposition party shall be that registered political party,
organization, aggroupment or coalition which nominated a candidate for
President and Vice-President.
(1) In
case more than one registered political party, organization,
aggroupment
or coalition presented an official candidate for President and
Vice-President,
the Commission on Elections shall require them to agree on the
nomination
of a common representative in the board of election inspectors, board
of
canvassers, printing committee and other similar bodies.(2) Should
the various opposition political parties, organizations, aggroupment or
coalitions fail to come to an agreement, the Commission on Elections
shall
then determine which among them shall be the dominant opposition party
based on but not limited to the following guidelines: chanrobles virtual law library
a. Potential
of the political party, organization, aggroupment of coalition into
becoming
a national party as evidenced by the number of its Members in the
Batasang
Pambansa, as well as by the size and the strength of its party
organization. chanrobles virtual law libraryb. Capability
of the political party, aggroupment or coalition to wage a bona fide
nationwide
campaign for its presidential and vice-presidential nominees, as
evidenced
by its organization, the stature of its candidates and the number and
strength
of the political parties in the coalition or aggroupment.
c. Bailiwicks
or areas of political support.
d. Platform
or program of government distinguishing the political party,
aggroupment
or coalition from the other political entities on ideology and
orientation. chanrobles virtual law library
e. The
record of the political entity concerned in the matter of its adherence
to constitutional provisions on elections.
(3) The
Commission on Elections shall accredit the dominant opposition party
not
later than fourteen working days before the first registration day.chanrobles virtual law library
Sec.
10. Date of proclamation. — The
proclamation of the winners in this special election shall take place
within
fifteen session days from the day the Batasang Pambansa starts the
canvass,
unless the delay is occasioned by justifiable cause.
Sec.
11. Prohibited arrests in connection
with the election campaign. — The provisions on prohibited arrest
and/or
detentions in connection the election campaign, including the penalties
for violation thereof, as provided under the Omnibus Election Code of
the
Philippines (Batas Pambansa Blg. 881) shall be applicable to the
special
election provided in this Act. chanrobles virtual law library
Sec.
12. Prohibited acts and penalties
for election offenses. — The provisions on prohibited acts, the
penalties
therefor and their prosecution under the Omnibus Election Code of the
Philippines
(Batas Pambansa Blg. 881) shall be applicable to the special election
provided
in this Act.chanrobles virtual law library
Sec.
13. Powers and authority of the
Commission on Elections. — The Commission on Elections is hereby
empowered
to issue rules and regulations implementing the provisions of this Act
and, pursuant to Article XII (C) of the Constitution and the Omnibus
Election
Code of the Philippines (Batas Pambansa Blg. 881), to adopt such
measures
as may be necessary to ensure the holding of a free, honest, orderly
and
credible election.
Nothing
in this Act shall be deemed to deprive the Commission on Elections of
its
powers or relieve it of its obligation to ensure the equitable
protection
of the rights and prerogatives of registered political parties for the
purpose of holding a free, honest, orderly and credible election.
Sec.
14. Applicability of the Omnibus
Election Code of the Philippines (Batas Pambansa Blg. 881). — All other
aspects of this special election not covered by any provision of this
Act
shall be governed by the pertinent provisions of the Omnibus Election
Code
of the Philippines (Batas Pambansa Blg. 881)chanrobles virtual law library
Sec.
15. Appropriations. — The amount
of two hundred million pesos or so much thereof as may be necessary to
carry out the purposes of this Act is hereby set aside out of the
appropriations
for special activities fund authorized in the Calendar Year 1985 and
Calendar
Year 1986 General Appropriations Acts.
The
chairman and the poll clerk of the board of election inspectors, the
inspectors
of the political parties, the education support personnel of the
Ministry
of Education, Culture and Sports, and the supervisors, principals and
other
administrators of the said ministry who may be asked by the Commission
on Elections and actually report for supervisory assignment during
registration
and election days, including provincial, city and municipal treasures
shall
be entitled to per diems at rates fixed in the OmnibusElection
Code of the Philippines (Batas Pambansa Blg. 881). chanrobles virtual law library
The
chairmen, poll clerks, and party representatives shall be insured with
the Government Service Insurance System, in accordance with the
provisions
of the Omnibus Election Code of the Philippines (Batas Pambansa Blg.
881).
Sec.
16. 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 this Act or the application of such provision to other persons,
groups
or circumstances shall not be affected by such declaration. chanrobles virtual law library
Sec.
17. Effectivity. — This Act shall
take effect upon its approval. chanrobles virtual law library
Approved:
December 3, 1985
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