QuestionsQuestions (Act No. 2356)
Presidential Decree No. 1661-A amends Section 1 of Presidential Decree No. 1661 to avoid ambiguity in its interpretation, ensuring that the rule on guest candidacy aligns with Sections 2(6) and 10, Article XII(C) of the 1987-style constitutional framework referenced by the decree’s stated rationale.
It prohibits a registered or accredited political party from nominating and/or supporting as its official candidate any person belonging to another accredited or registered party unless the candidate affiliated with the nominating party at least six months before the election.
The prohibited act is committed by any registered or accredited political party that nominates and/or supports as its official candidate a person who belongs to another accredited/registered party without the required six-month affiliation.
The candidate must have affiliated with the nominating party at least six months before the election.
At least six (6) months before the election. Practically, it is counted backward from the election date to determine whether the candidate’s affiliation with the nominating party was established at least six months prior.
It covers both nomination and/or support as the party’s official candidate. Thus, even “support” falls within the prohibition if it results in the person being treated as the party’s official candidate.
Under Section 1 as amended, it remains unlawful for the political party to nominate and/or support that person as its official candidate; the candidate’s affiliation timing fails the six-month requirement.
(1) A registered or accredited political party; (2) it nominates and/or supports as official candidate a person who belongs to another accredited/registered party; (3) the person has not affiliated with the nominating party at least six months before the election.
It replaces or revises the wording of Section 1 of PD 1661. The rest of PD 1661 (including its sanctions and penalty provisions, if any, not amended here) remains in effect unless expressly changed.
The decree states that the amendment is necessary to align the interpretation of the guest candidacy rule with those constitutional provisions, implying that the prior text might have been susceptible to misinterpretation or conflict.
It takes effect immediately. Legally, it means the amended rule on guest candidacy applies without delay from the time of issuance, subject to whatever transitional or election-specific considerations may exist under election laws and rules.
It is dated January 3, 1980, done in the City of Manila. These details help determine when the decree became effective and are relevant in tracing the chronology of legal rules.
The excerpt does not set out sanctions or penalties. It indicates that PD 1661 is “entitled ‘Prohibiting Guest Candidacy and Providing Sanctions and Penalty Therefor,’” so the sanctions/penalties would likely remain in PD 1661 and not be included in the amended Section 1 text shown.
If the candidate belongs to another accredited/registered party (Party B), Party A may only nominate/support as its official candidate if the candidate affiliated with Party A at least six months before the election; otherwise it is unlawful.