Title
1940 Constitutional Amendments Referendum Act
Law
Commonwealth Act No. 517
Decision Date
Apr 25, 1940
Commonwealth Act No. 517 mandates the submission of proposed amendments to the Constitution of the Philippines to the Filipino people for approval or disapproval through a general election, outlining the procedures and requirements for the election process.
A

Q&A (Commonwealth Act No. 517)

The main purpose of Commonwealth Act No. 517 is to submit to the Filipino people the approval or disapproval of proposed amendments to the Constitution of the Philippines through a general election.

The election was scheduled to be held throughout the Philippines on Tuesday, June 18, 1940, as per the Act.

The amendments were to be published in English and Spanish in three consecutive issues of the Official Gazette at least 20 days before the election. Printed copies were to be posted conspicuously in government buildings and polling places by May 18, 1940, and at least ten copies had to be available at each polling place for voter examination. Copies in principal native languages were to be provided when practicable.

Voters were instructed to write the word 'YES' to approve or 'NO' to reject each proposed amendment on the official ballot printed in English and Spanish.

The proposed amendment called for replacing the National Assembly with a bicameral legislature called the Congress of the Philippines, consisting of a Senate elected at large and a House of Representatives elected by districts. It also fixed the annual salary of members of both chambers at P7,200 unless otherwise provided by law.

The amendment proposed repealing the prohibition on reelection, changing the terms of office from six years to four years, and prohibiting any person from serving as President for more than eight consecutive years.

The amendment proposed establishing a Commission on Elections composed of a Chairman and two members, with exclusive authority over the enforcement and administration of election laws.

Two watchers per polling place could be appointed by the national directorates of existing political parties or their duly authorized representatives.

Each election inspector and poll clerk was to receive two pesos per day for actual service rendered, including election day.

The existing boards of election inspectors were to meet on May 25, 1940, for revising voter lists and registering new voters.

Such judicial proceedings had to be filed no later than June 1, 1940, and be finally decided on or before June 15, 1940.

Within 30 days after the election, the Speaker of the National Assembly was to request the President of the Philippines to call a special session for canvassing the returns and certifying the election results.

An appropriation of four hundred thousand pesos, or so much thereof as necessary, was made from the Philippine Treasury to cover all such expenses subject to the Secretary of the Interior's approval.

Provisions in Commonwealth Act Numbered 492 that conflicted with this Act were repealed.

The Act took effect upon its approval on April 25, 1940.


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