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MEMORANDUM CIRCULARS
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MEMORANDUM CIRCULAR NO. 123 -
PROMULGATING GUIDELINES TO PREVENT HIATUS IN AND PARALYZATION OF LOCAL
GOVERNMENT OPERATIONS AND THERE IS AN URGENT NEED TO PROVIDE A LEGAL
REMEDY, IN CONFORMITY WITH THE CONSTITUTION AND THE ADMINISTRATIVE CODE
OF 1987 (EXECUTIVE ORDER NO. 292)
WHEREAS, in the May 8, 1995 elections, the
winning candidates for several local elective offices have not been
proclaimed, either totally or partially, due to pre-proclamation
controversies, or failure of elections had been declared by the
Commission on Elections;
WHEREAS, pursuant to Section 16 of the Electoral Law of 1991 (RA 7166),
all pre-proclamation cases pending before the Comelec shall be deemed
terminated at the beginning of the term of office involved or at noon
of June 30, 1995, without prejudice to the filing of a regular election
protest by the aggrieved party;
WHEREAS, the consequential effect of non-proclamation of the winning
candidates in all local effective offices in the local government unit
effected in the occurrence of temporary vacancies therein;
WHEREAS, existing election laws and the Local Government Code of 1991
(RA 7160) do not contain any provision on cases of this nature;
WHEREAS, to prevent hiatus in and paralyzation of local government
operations, there is an urgent need to provide a legal remedy, in
conformity with the Constitution and the Administrative Code of 1987
(Executive Order No. 292);
NOW, THEREFORE, I, FIDEL V. RAMOS, by virtue of the powers vested in me
by law and the Constitution do hereby promulgate the following
guidelines:
Section 1.
Sec. 2.
Sec. 3.
(b)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Please be guided accordingly.
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