WHEREAS,
the Constitution recognizes referendum and plebiscite as among the
modes or means of ascertaining the will of the people and important
questions and issues that confront them; chanroblesvirtualawlibrary
WHEREAS, the Constitution provides that referenda conducted through the
barangays and under the supervision of the Commission on Elections may
be called at any time the Government deems it necessary to ascertain
the will of the people regarding any important matter, whether of
national or local interest;chanroblesvirtualawlibrary
WHEREAS, the Constitution also provides for instances where plebiscite
may be called for certain purposes;chanroblesvirtualawlibrary
WHEREAS, the Constitution further ordains the institution of an
effective system of recall of local elective officials; and
WHEREAS, it is deemed necessary to prescribe the manner by which
plebiscite or referendum may be called and the manner by which local
elective officials may be recalled.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order and decree:cralaw:red
Section 1. When, as prescribed by law a referendum or
plebiscite has to be called or when in the judgment of the President of
the Philippines there is a need for calling either a plebiscite or a
referendum, the President shall announce or proclaim the calling of the
plebiscite or referendum, which announcement shall be made at least two
(2) weeks before the holding of the plebiscite or referendum.
Section 2. The proclamation or announcement calling
for a plebiscite or referendum shall not only provide for the date,
place and other conditions of the plebiscite or referendum but shall
also define or state the issues, whether national, local or both, that
are to be submitted for consultation with or decision by the people in
the plebiscite or referendum.
Section 3. The Sangguniang Panlalawigan, the
Sangguniang Panlungsod and the Sangguniang Bayan may call for a
plebiscite or referendum on any issue affecting the province, city or
municipality, as the case may be.
Section 4. The conduct of the plebiscite or
referendum may be formal or informal as determined by the President.
The plebiscite or referendum, whether formal or informal, may be
conducted through the barangays under the supervision of the Commission
on Elections, or by an office or agency designated by the President but
under the supervision of the Commission on Elections.
Section 5. An informal plebiscite or referendum may
be done by a viva voce vote and conducted through the barangay or any
other agency designated by the President and supervised by the
Commission on Elections.
Section 6. When one-fifth (1/5) of the registered
voters of a particular province, city or municipality, for reasons of
disloyalty to the Republic of the Philippines, dishonesty, oppression,
misconduct in office, corruption, ignorance, negligence, incompetence,
or any other cause which the petitioners may deem sufficient, file a
petition for the recall of any of their respective local elective
officials, the President shall call for a vote or recall of the local
elective officials concerned, either formally or informally, subject to
the supervision of the Commission on Elections.
Section 7. The recall of local elective officials
shall be done by voting which shall be conducted in the province, city
or municipality, as the case may be, to elect the successor from among
the list of qualified candidates which shall include the name of the
official sought to be recalled, subject to the following conditions:cralaw:red
(a) That the recall shall be effective only upon the
determination of a successor in the person of the candidate receiving
the highest number of votes cast during the voting; and
(b) That should the highest number of votes belong to
the official sought to be recalled, confidence in him shall have been
deemed reposed.
Section 8. The Commission on Elections shall
promulgate such rules and regulations as may be necessary to implement
the provisions of this Decree.
Section 9. All laws, decrees, orders, rules and
regulations inconsistent with the provisions of this Decree are hereby
repealed or modified accordingly.
Section 10. This Decree shall take effect immediately.
DONE in the City of Manila,
this 11th day of June, in the year of Our Lord, nineteen hundred and
seventy-eight.
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