Title
Supreme Court
1981 Constitutional Amendment Plebiscite Act
Law
Batas Pambansa Blg. 122
Decision Date
Mar 10, 1981
A plebiscite is scheduled to be held in the Philippines to allow the Filipino people to ratify or reject proposed amendments to the Constitution, including changes to the composition of the Batasang Pambansa, the mode of presidential succession, and the acquisition of lands belonging to the public domain.

Q&A (BATAS PAMBANSA BLG. 122)

The primary purpose of Batas Pambansa Blg. 122 is to submit to the Filipino people for ratification or rejection the amendments to the Constitution of the Philippines proposed by the Batasang Pambansa, sitting as a Constituent Assembly.

The plebiscite was scheduled to be held on April 7, 1981.

The amendments must be published at least once in English and Pilipino newspapers of nationwide circulation, posted in conspicuous places in every municipal, city, and provincial office building, copies must be available at polling places, and the Commission on Elections may also use broadcasts, print media, and barangays for dissemination.

The Commission on Elections is empowered to promulgate rules and regulations to ensure the widest dissemination of information and the conduct of the plebiscite.

The President remains Head of State and Chief Executive elected by direct vote for six years, nominates the Prime Minister and Deputy Prime Minister; the Batasang Pambansa holds legislative power and elects the Prime Minister; an Executive Committee assists the President and may act as President under certain conditions; and a Cabinet headed by the Prime Minister is appointed by the President.

The President may not dissolve the Batasang Pambansa within 18 months before or after a regular election, during impeachment proceedings against the President, or when the Executive Committee or Speaker exercises the powers of the President.

Members of the Batasang Pambansa may not appear as counsel in any criminal case where a government officer or employee is accused of an offense committed in relation to their office.

The reforms include prohibiting elective officials from appointments during tenure except as members of the Executive Committee, accrediting political parties whose presidential candidates obtained the two highest votes with at least 10%, granting such parties representation in election boards, and prohibiting changing political party affiliation during certain periods.

A natural-born Filipino who has lost Philippine citizenship may be a transferee of private land for residence as provided by law, amending Section 14 of Article XIV of the Constitution.

Citizens Election Committees prepare three copies of returns per voting center; original copies go to Municipal Election Registrars, then Provincial Election Officers, and the Commission on Elections. Provincial or City Boards of Canvass prepare certificates of canvass transmitted to the Commission on Elections for final canvass and proclamation.

Expenses are charged to the Commission on Elections' appropriations authorized in the General Appropriations Act, with possible augmentation from the Special Activities Fund if needed.

The act takes effect upon its approval on March 10, 1981.


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