Question & AnswerQ&A (PRESIDENTIAL DECREE No. 1296)
The official title is "The 1978 Election Code."
It governs the election of the members of the interim Batasang Pambansa and, to the extent appropriate, elections for local officials, referenda, and plebiscites.
The election was scheduled on April 7, 1978.
The interim Batasang Pambansa consists of the incumbent President of the Philippines, representatives elected from the different regions of the nation, sectoral representatives who shall not be less than eighteen years of age elected by their respective sectors, and those chosen by the incumbent President from the members of the Cabinet.
There are three sectors represented: youth, agricultural labor, and industrial labor. Each sector is entitled to four sectoral representatives, two from Luzon, one from Visayas, and one from Mindanao. The youth sector is entitled to two additional representatives elected from any region.
A member must be a natural-born citizen of the Philippines, a registered voter, able to read and write, and at least 25 years old for regional representatives, and at least 18 years old for sectoral representatives. Youth sectoral representatives cannot be more than 25 years old.
Every qualified citizen has the obligation to register and vote. Only registered voters are entitled to vote.
Campaign periods shall not exceed 45 days immediately preceding the election, excluding the day before and the day of the election. No election campaign or partisan political activity may be conducted outside this period except political conventions or primaries. No political activity is allowed on certain specified days.
A candidate shall not spend more than the equivalent of the total emoluments for one year attached to the office for which he is running. For interim Batasang Pambansa candidates, the limit is sixty thousand pesos.
The Citizens Election Committee consists of three members who are public school teachers: a chairman, a poll clerk, and a third member. They conduct voting and counting of votes, supervise and control the election in their centers, and maintain order during the elections.
Any person found guilty of election offenses shall be punished with imprisonment from one to six years, disqualification from holding public office, and deprivation of suffrage rights. Foreigners may also be deported after serving their sentence. Failure to register or vote carries a prison term of one month to six months and disqualification for six years.
The Commission has exclusive charge of enforcement and administration of election laws, supervision over officials, rulemaking, investigation, and prosecution of election offenses, the power to cancel certificates of candidacy, supervise elections, and impose penalties. It also organizes voter education campaigns.
The board of canvassers shall hold a special public meeting to draw lots between the tied candidates and proclaim the one favored by luck as elected, though candidates retain the right to contest the election.
Only members of the Philippine Bar are eligible. If none is available, graduates of law, liberal arts, or education who are civil service eligibles may be appointed.
The candidate shall be ineligible for any of the offices unless he declares under oath before the filing period ends which office he wants to be eligible for and cancels the others.