Question & AnswerQ&A (Commonwealth Act No. 21)
The purpose of Commonwealth Act No. 21 is to provide for special elections to fill vacancies in the National Assembly ten months before the expiration of the term of office.
The President of the Philippines has the authority to call a special election upon being notified by the National Assembly of the vacancy.
The special election must be held not less than twenty days nor more than ninety days after the date of the proclamation.
If the vacancy is caused by the death of a Member whose election has not been contested and occurs during the recess of the Assembly, the certificate of the Speaker relative to the vacancy is sufficient for the President to call the special election.
Yes, all provisions of the existing Election Law that may be applicable shall govern the special election.
The election inspectors are required to hold only one meeting for the revision of the list of voters and the registration of new voters, which must occur fifteen days before the election.
All judicial proceedings for adding or striking names from the list of voters shall be free of charge and must be finally decided eight days before the election.
The boards of election inspectors shall hold their final meeting on the Thursday of the week preceding the election.
In these provinces, special elections are held in accordance with section eight of Act Numbered Forty-two hundred and three of the Philippine Legislature as declared in Section 2 of the Act.
Certificates of candidacy must be signed and sworn to by the candidates themselves and filed or sent by registered mail to the Department of the Interior at least ten days prior to the election. They must not contain nicknames or aliases.
The Act took effect upon its approval on July 20, 1936.