QuestionsQuestions (Republic Act No. 8526)
RA 91 covers the existing vacancies for (1) the 1st district of Iloilo, (2) the 5th district of Pangasinan, and (3) the only district of Bukidnon, for the unexpired term, called by Proclamation No. 19 dated January 6, 1947.
The special election is governed by RA 91, and by the applicable provisions of Commonwealth Act No. 357 (Election Code) and Commonwealth Act No. 657 (reorganizing the Commission on Elections), insofar as they are not in conflict with RA 91.
At least twenty (20) days immediately prior to election day, certificates of candidacy must be filed in quadruplicate, subscribed and sworn to by the candidates themselves, with the Commission on Elections.
The COMELEC must immediately send copies to the Secretary of the House of Representatives and to the provincial treasurers. Provincial treasurers then send immediately the copies to the boards of election inspectors of the legislative district.
If sent by registered mail, the date the envelope was deposited in the post office is considered the filing date. If the post office lacks registered mail facilities, the postmaster accepts it as ordinary mail, records and shows the deposit date, and swears to a statement of receipt on the same date; that date is the filing date.
In the absence of a postmaster, the duties pertaining to him are performed by the municipal treasurer.
A person occupying any civil office by appointment in government (or its political subdivisions/agencies or government-owned or controlled corporations), whether appointive or elective, is considered to have resigned from such office from the moment of filing the certificate of candidacy.
The boards of election inspectors, including the poll clerks appointed in accordance with Section 4 of Republic Act No. 73, shall also act as boards of election inspectors for the special election.
The polling places and voting booths provided for in Act No. 73 are used for the special election.
Only qualified electors whose names appear in the permanent registry list of voters prepared for the election under RA 73 may vote. The same registry lists used for that election are used, with procedures determined by COMELEC.
No person may vote unless his or her name appears in the registry list of voters as finally completed and revised by the boards of election inspectors.
Ballots are prepared according to Article Eight of the Election Code, except for size, which is determined by the Commission on Elections.
It consists of the provincial treasurer, provincial auditor, and provincial fiscal.
It must meet as soon as possible but not later than fifteen (15) days after election day to canvass votes. It must then make a statement of votes received by each candidate and proclaim the elected candidate.
The board proceeds according to Section 160 of the Election Code.
The board signs and seals a copy of the statement with the provincial government seal, files a copy in the provincial treasurer’s office, and sends immediately by registered mail copies to COMELEC, the Secretary of the House of Representatives, and the candidate who received the largest number of votes.
Their terms begin on the day of their election and run only for the unexpired portion of the terms of their predecessors.
RA 91 appropriates ten thousand pesos (₱10,000) or as much as necessary from funds not otherwise appropriated. Any amount exceeding this is advanced from any funds in the National Treasury not otherwise appropriated.
It takes effect upon approval and governs only the special election provided for in the Act.