Title
1946 PH National Elections Act
Law
Commonwealth Act No. 725
Decision Date
Jan 5, 1946
Commonwealth Act No. 725 outlines the procedures, requirements, and guidelines for the next election in the Philippines, including filing certificates of candidacy, voter registration, composition of election boards, preparation of ballots, canvassing of votes, qualifications and terms of office for elected officials, appropriation of funds, and its applicability to the election scheduled for April 23, 1946.
A

Q&A (Commonwealth Act No. 725)

The election shall be held on Tuesday, April 23, 1946.

The term 'national offices' refers to the offices of President and Vice-President of the Philippines, Senator, and Member of the House of Representatives.

Copies are immediately sent to the Secretary of the Senate, the Secretary of the House of Representatives, and the provincial or city treasurers of each province or city where the election is held, who then send them to the board of election inspectors.

If sent by registered mail, the filing date is the date the envelope was deposited in the post office. If registered mail is unavailable, the postmaster must show the date on the envelope and swear to a statement of receipt on that date, which will be considered the filing date.

Such a person is considered to have resigned from their office from the moment of filing the certificate of candidacy.

Electors must possess the qualifications prescribed in Section 93 of the Election Code and not be disqualified under Section 94. Their names must appear in the new registry list. Presentation of residence certificates or affixing of documentary stamps is not required.

There are three inspectors and one poll clerk, each with substitutes. One inspector and his substitute and the poll clerk and substitute are appointed upon the recommendation of the party with the largest votes in the last national elections. Another inspector and substitute are recommended by the party with the next largest votes having at least 10%, and the third inspector and substitute are chosen by the Commission on Elections.

The Commission on Elections shall hold a public session with three days' notice to all tied candidates for the drawing of lots to determine who is proclaimed elected.

They qualify and assume office on May 28, 1946, and their term ends at noon on December 30, 1949.

The term begins on the day of election. The eight Senators receiving the largest votes serve until December 29, 1951, and the other eight Senators serve until December 29, 1949.

The provincial board includes the provincial treasurer, provincial auditor, and division superintendent of schools. In cities, it includes the city treasurer, city fiscal, and city superintendent of schools. They canvass votes and proclaim elected Members of the House of Representatives by district and certify votes for President, Vice-President, and Senators.

The board of canvassers shall proceed in accordance with Section 160 of the Election Code to resolve the tie.

Every member of the board of election inspectors and poll clerk are entitled to ten pesos per diem for each day of service and two days' per diem for election day. Government employees appointed as members receive five pesos per diem in addition to their salary, and the municipal treasurer receives compensation equal to an inspector's salary on election day.


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