Constitutional basis and election context
- The decree is anchored on Article XII, Section 10 of the Constitution, which bars elective officials from changing political party affiliation during their term and bars candidates from changing party affiliation within six months immediately preceding or following an election.
- The decree is issued to address cases pending before the COMELEC and the courts involving alleged violations of Article XII, Section 10 in connection with local elections scheduled for January 30, 1980.
- The decree treats certain campaign participation facts as presumed for the purpose of resolving party-affiliation issues in controversy.
Rule on guest candidacy—who is covered
- Section 1 declares it unlawful for any registered or accredited political party to nominate and/or support as its official candidate any person belonging to another accredited or registered party.
- The prohibition applies unless the person has affiliated with the nominating party at least six months before the election.
Required affiliation period
- A person may be nominated and/or supported as an official candidate by a political party only if the person affiliated with that nominating party at least six months before the election.
- The legal compliance benchmark is the six-month affiliation requirement.
Deemed membership rule for prior campaign officers
- Section 1 provides a qualification: a person who participated as an officer in the campaign of a political party, group or aggrupation in the immediately preceding elections is deemed a member of that party as of the date of the political campaign.
- This deemed membership rule applies for purposes of nomination as official candidate of such party in succeeding elections.
Effectivity and amendment operation
- Section 1 operates by amending Section 1 of Presidential Decree No. 1661, as amended, and replacing it with the amended text governing Guest Candidacy.
- Section 2 provides that the decree takes effect immediately.
- The decree is signed in the City of Manila on January 26, 1980 and carried by the President and the Presidential Staff Director.