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.

Questions (Commonwealth Act No. 725)

The election was scheduled for Tuesday, April 23, 1946, for President and Vice-President, Senators, and Members of the House of Representatives.

CA No. 725 held that the election would be held in accordance with the Election Code (CA No. 357) and CA No. 657 (reorganizing the COMELEC), but only insofar as they were applicable and not in conflict with CA No. 725.

“National offices” referred to President, Vice-President, Senator, and Member of the House; “Members of the National Assembly” referred to Members of the House; and “Secretary of the Interior” referred to the COMELEC.

At least 70 days immediately prior to election day, certificates of candidacy had to be filed in quadruplicate with the COMELEC.

The filing date is the date the envelope was deposited in the post office, provided registered mail is used. If registered mail facilities are not available, the postmaster (or equivalent) accepts it as ordinary mail, shows the deposit date, and swears a statement that the envelope was received on that same date.

Yes. The political party may file without the candidate’s signature or oath, but the party must file a certificate of nominations subscribed and sworn to by the party’s president and secretary.

The certificate filed by the party to which the candidate belongs prevails, unless the candidate concerned decides otherwise.

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

The elector’s name must appear in the new registry list prepared for the city/municipality.

No. It states that residence certificate presentation is not required, and documentary stamps need not be affixed in the voters’ affidavits or on any other document required by the board of inspectors.

The board holds four meetings on the seventh Friday, seventh Saturday, sixth Friday, and sixth Saturday next preceding election day, which days are declared official holidays. The meetings prepare eight copies of the precinct list of voters for registration.

It must meet on the second Saturday immediately preceding election day to make inclusions, exclusions, and corrections ordered by the courts, and to consecutively number the voters of the precinct.

Officers and enlisted men who possess the necessary qualifications and are not otherwise disqualified may vote, except officers/enlisted men of the permanent regular army of the Philippines, and officers/enlisted men that form part of the regular army of the United States in the Philippines.

Ballots are 120 mm by 350 mm (exclusive of stub and coupon), folded twice toward the bottom so that when folded they are about 90 mm by 120 mm with the coupon and its detachable number visible; the space intended for the House of Representatives must follow immediately that corresponding to Vice-President.

One inspector and substitute (and the poll clerk and substitute—who must be public school teachers) are recommended by the party with the largest votes in the last national elections; one inspector and substitute are recommended by the party with the next largest votes if it got at least 10% of votes cast; the third inspector/substitute is chosen by the COMELEC and presides. If the majority party is divided into two factions, each faction gets one inspector/substitute; COMELEC names an additional inspector/substitute who presides over the board.

In case of a tie in the board, the poll clerk shall vote.


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