QuestionsQuestions (PRESIDENTIAL DECREE NO. 73)
It submits the proposed 1973/1971 Constitutional Convention Constitution to the Filipino people for ratification or rejection through a plebiscite, and appropriates funds for that plebiscite.
It was scheduled to be held on January 15, 1973.
It cites Article XV of the present (1971) Constitution, stating the proposed new Constitution becomes valid when approved by a majority of the votes cast at the plebiscite.
The Constitution must be published in full in English and Pilipino (translated by the Institute of National Language) once in the Official Gazette and in at least three issues of at least two national-circulation newspapers, not later than two weeks before the plebiscite; printed copies must also be posted in government buildings, other conspicuous places, and in polling places; and the Department of Public Information must disseminate copies through mass communication.
Discussion is allowed freely and publicly so people can vote intelligently, but it must be limited to the proposed Constitution and must not cause disorder or endanger the security of the State.
The Election Code of 1971 applies insofar as not inconsistent; however, the Election Code provisions regarding rights and obligations of political parties and candidates do not apply to the plebiscite.
If any calendar period or date cannot reasonably be observed due to insurmountable difficulties, the COMELEC may fix another period/date so voters are not deprived of suffrage, and may also set periods/dates for other pre-plebiscite acts not included in the calendar.
Unregistered qualified voters must register on election/prescribed days with the city/municipality/municipal district where they reside, during specified daily hours and up to the calendar date; registration begins only as scheduled and there is no registration before the board of inspectors.
Decisions of courts of first instance, city courts, and municipal courts in inclusion and exclusion cases are final and immediately executory.
On the second Saturday before plebiscite day, boards of inspectors meet at polling places to prepare and certify three copies of the current list of voters by transferring names from existing precinct books, then close and seal precinct books; they also post copies for public information and deliver a certified copy to the election registrar for public inspection.
Each precinct has a board of inspectors composed of a chairman and two members, one designated concurrently as poll clerk; they must be public school teachers, preferably civil service eligibles registered voters with more than five years in service, but substitutions may include private school teachers or other civil service officers/employees, and if all substitutes are unavailable, any registered voter of the precinct.
In places where, due to deteriorating peace and order conditions, public school teachers and substitutes are unable or unwilling to discharge duties, COMELEC may appoint ROTC cadets at least 21 years old to ensure a free, orderly, and honest plebiscite.
COMELEC may designate in each polling place up to six watchers based on recommendations of civic groups; watchers must be of good reputation, not convicted of any offense, and without pending complaints against them for election offenses; they have the same rights and duties as provided by the Election Code for watchers.
Official ballots must be printed in English, in the prescribed form and size, include plebiscite details and voting instruction, and the voter must secretly write “YES” (or equivalent in Filipino/local dialect) for ratification or “NO” (or equivalent in Pilipino/local dialect) for rejection; no distinctive mark may appear.
The board of inspectors prepares and signs four copies of plebiscite returns on prescribed forms: one deposited inside the ballot box, one each personally delivered to the election registrar and the city/municipal/municipal district treasurer, and the original transmitted to COMELEC as directed.
At 6:00 PM on plebiscite day, the city/municipal/municipal district board of canvassers meets to canvass returns continuously, prepares and signs a certificate stating votes for “YES” and “NO” supported by a statement of votes by precincts, in triplicate, with distribution of copies to COMELEC, the Provincial Treasurer, and the city/municipal treasurer’s office.
Within one week after the plebiscite, COMELEC commences a public canvass of votes certified by local boards and thereafter proclaims the result.
Fifteen million pesos (₱15,000,000) is appropriated from funds not otherwise appropriated for the plebiscite; it may cover expenses incurred before promulgation and is available for expenditure after June 30, 1973 until all plebiscite expenses are paid.