QuestionsQuestions (PRESIDENTIAL DECREE No. 1296)
PD 1296 is titled “The 1978 Election Code.” It governs the election of members of the interim Batasang Pambansa and, to the extent appropriate, elections for local officials, referenda, and plebiscites.
It was scheduled on April 7, 1978.
Campaign is not more than 45 days immediately preceding the election, excluding the day before and the day of election. For interim Batasang Pambansa representatives, it starts February 17, 1978, and no election campaign or partisan activity is allowed on March 23 and 24, 1978.
It is the obligation of every qualified citizen to register and cast a vote. Only voters duly registered are entitled to vote.
When serious causes like violence, terrorism, loss or destruction of election paraphernalia/records, force majeure, and analogous causes make a free, orderly, and honest election impossible in any voting center or subdivision—upon verified petition, notice, and hearing.
If due to force majeure, violence, terrorism, or fraud the election in a voting center was not held on the fixed date, or was suspended before the lawful closing time, and the failure/suspension would affect the result—upon verified petition, notice, and hearing.
It includes the incumbent President, representatives elected from different regions, those not less than 18 elected by their sectors, and those chosen by the incumbent President from Cabinet members.
Candidates are voted upon at large by registered voters of their respective regions. Those with the highest number of votes in the entire region are declared elected.
The three sectors are: (1) youth, (2) agricultural labor, and (3) industrial labor. Each sector gets four sectoral representatives: two from Luzon, one from Visayas, and one from Mindanao. Additionally, the youth sector gets two more sectoral representatives elected from any region.
At the provincial level, sectoral Kagawads in each province choose one delegate for their sector to the electoral council (majority quorum; highest votes wins). In Metro Manila, selection is by sector Kagawads at barangay level (if any), then they elect delegates for electoral councils. The youth sector delegates are selected by Kabataang Barangay presidents as specified.
All must be natural-born citizens, registered voters, able to read and write, and meet age: at least 25 years old for regional representatives; at least 18 years old for sectoral representatives; for the youth sectoral representative, not more than 25 years old.
Filing the certificate does not affect any civil, criminal, or administrative liabilities the candidate may have already incurred.
When the certificate is filed to cause confusion among voters due to similarity of names or other circumstances showing the candidate has no bona fide intention to run, preventing a faithful determination of the electorate’s will.
A duly filed certificate is not considered withdrawn or cancelled unless the candidate files a sworn statement of withdrawal/cancellation with the receiving office or the Commission before election day.
They automatically cease in their office/position on the date they file their certificate of candidacy. Cabinet members are an exception: they continue in office subject to the President’s pleasure.
A party/group/independent candidate can appoint watchers. Watchers must be qualified voters, of good reputation, not convicted of any election offense or other crime, able to read and write in Filipino/English or the local dialect, and not related within the 4th civil degree of affinity/consanguinity to the chairman or member of the citizens election committee of the voting center.
Lawful propaganda includes printed materials up to 8.5 inches by 14 inches; posters/streamers have size limits. It is unlawful to erect/use billboard/tinplate posters/balloons and similar billboards advertising for or against any candidate.
No candidate may spend more than the salary/equivalent of total emoluments for one year attached to the office sought, including relevant expenses by the candidate and supporters. For interim Batasang Pambansa, candidates may not spend more than ₱60,000 for their election campaign.
They must file detailed sworn statements in duplicate at specified periods (pre-election and a supplemental post-election within 30 days). Failure has an election consequence: no person elected may assume office until the required statement of receipts and expenditures is filed.