QuestionsQuestions (Republic Act No. 6132)
RA No. 6132 is titled the “1971 Constitutional Convention Act” and it was approved on August 24, 1970.
The Convention was composed of three hundred and twenty (320) delegates.
Delegates had the same qualifications required of Members of the House of Representatives.
The election of delegates was held on the second Tuesday in November, 1970.
Any person holding a public office/position (elective or appointive), including members of the armed forces and government employees/corporate officers, is considered resigned upon filing the certificate of candidacy.
If elected, he may add to his length of service from the filing of the certificate of candidacy until the final adjournment of the Constitutional Convention.
A delegate may not run for any public office in any election or assume any appointive office/position in any branch of government until after the final adjournment of the Constitutional Convention.
The election was governed by the Revised Election Code, as amended, and RA 3588, as amended, except that the campaign-period limitation under Section 50-B of the Revised Election Code (as amended by RA 4880) does not apply to delegate elections.
The candidate must state required personal details (full name, civil status, spouse if married, age with birth details, address) and must also disclose gross income, expenses, deductions, and exemptions, and that he paid income taxes for the last two years immediately preceding the election (or state exemptions/pending determination), including receipt numbers/places of payment. It also requires a waiver of privilege against disclosure of income tax returns and tax census statements for the said period, and failure to state required information invalidates the certificate.
A candidate may include a concise statement (not exceeding 100 words) of principal constitutional reforms/programs/policies he proposes to advocate; a copy must be posted conspicuously in each polling place in the district.
At least five (5) qualified registered voters in a representative district may act individually to file a nomination with COMELEC at least 70 days before the election, furnishing a copy to the person concerned, who must accept by complying with the certificate requirements.
Within 30 days after approval, COMELEC appoints as additional members of each Election Registration Board two public school teachers who are registered voters of the municipality (preferably those with the longest service as teachers/election inspectors). They must not be related to each other, to any member of the Board, or to any candidate in the district within the 4th civil degree of consanguinity or affinity.
Each precinct should not have more than 300 voters. COMELEC may divide a precinct after registration (not later than one week after last registration day) for orderly voting, with polling places of resulting precincts located in the same building/compound or a place as close as possible to the original precinct, and further relocation only by petition of the majority of voters of the new precinct.
If contradictions/differences affect the result, the Court of First Instance proceeds summarily to determine (based on the face of original and copies) whether the discrepancy results from tampering/alteration/falsification, and if there is reasonable basis and no signs of ballot box integrity violation, it may recount votes solely to determine the true result in that precinct; if integrity is violated, it closes/seals the ballot box and orders no votes to be counted from the precinct.
Outside COMELEC billboards and COMELEC time, only limited forms (small printed materials and handwritten/printed letters) are allowed. Other forms of propaganda—such as billboards/streamers and many “gadgets” (pens, lighters, fans, shirts, etc.)—are prohibited. Candidates cannot use the franking privilege; COMELEC controls broadcasting/TV and interview participation so that all candidates in the district are treated equally, and paid advertisements/comments naming a candidate are generally prohibited unless all candidates in the district are mentioned with equal prominence.
During the 45 days before election, it is generally unlawful for officials to appoint/hire new employees or create/fill new positions unless COMELEC grants prior authority after notice and hearing, and any violation is null and void. It is also unlawful to release/disburse/expended funds for public works and certain welfare/charitable functions except with COMELEC authority; releases related to calamities/disasters are handled by the Philippine National Red Cross under supervision, and no candidate/spouse may be present during distribution. It also bans references to public works funds for influence purposes and bans promises of salary increases/privileges intended to influence voters.
Violation is a serious election offense punishable by imprisonment of not less than one year and one day but not more than five years, plus disqualifications from holding public office and deprivation of suffrage for not less than one year but not more than nine years; if the offender is a foreigner, he is deported after serving prison. If committed by a political party/organized group, the inducing/ordering/directly participating/indispensably cooperating individuals are equally liable.