Title
Plebiscite on 1984 Philippine Constitution Amendments
Law
Batas Pambansa Blg. 643
Decision Date
Dec 21, 1983
The Batasang Pambansa mandates a plebiscite on January 27, 1984, for the Filipino people to ratify proposed constitutional amendments, including changes to the election of members and the establishment of a Vice-President, while ensuring widespread dissemination of the amendments and proper election procedures.

Coverage, publication, and information campaign

  • The proposed amendments shall be published at least once in at least three newspapers of nation-wide circulation and once in at least one newspaper of provincial circulation in every province determined by raffle.
  • The last publication shall be made not later than January 7, 1984.
  • Printed copies of the amendments shall be posted in a conspicuous place in every provincial capitol, municipal, city and barangay hall or building not later than January 7, 1984.
  • Sufficient copies of the proposed amendments shall be furnished each voting center so qualified voters may read and study them on the day of the plebiscite.
  • Copies in the principal dialects shall be printed and distributed to the electorate.
  • The Commission on Elections is empowered to promulgate rules and regulations to assure the widest dissemination through print and broadcast media and other means of information.

Official ballots: language and voting instructions

  • The official ballots shall be printed in English.
  • In appropriate cases, the official ballots shall be printed in Arabic in accordance with the provisions of the Election Code of 1978.
  • The ballot form shall be prescribed by the Commission on Elections and shall include the questions and particulars stated.
  • The ballot shall instruct voters to vote “Yes” or its equivalent for approval and “No” or its equivalent for rejection.
  • A check mark shall not be considered the equivalent of “Yes,” and a cross or “x” mark shall not be considered the equivalent of “No.”
  • The ballot shall include three numbered questions reflecting proposed amendments grounded on Batasang Pambansa resolutions numbered 104, 105, 110, and 112.

Questions submitted to voters

  • Question No. 1 shall ask approval of amendments proposed in Resolutions Numbered 104 and 112 concerning election of the Batasang Pambansa by provinces (with their component cities), highly urbanized cities, and districts of Metropolitan Manila instead of regions.
  • Under Question No. 1, each province, highly urbanized city, and district of Metropolitan Manila shall be entitled to at least one Member, and the total number of Members of each province and city shall be at least the same as under the 1935 Constitution.
  • Under Question No. 1, Members to be elected by provinces (with component cities), highly urbanized cities, and districts of Metropolitan Manila shall be apportioned by the specific enumeration by area (including National Capital Region and Regions I to XII), and any newly created province or newly declared highly urbanized city shall be entitled in the immediately following election to at least one Member or such number based on inhabitants using the same uniform and progressive ratio as the last preceding apportionment.
  • Under Question No. 1, the number of Members apportioned to the province out of which the new province was created or where the new highly urbanized city is located shall be correspondingly adjusted by the Commission on Elections, but the adjustment shall not be made within one hundred twenty days before the election.
  • Under Question No. 1, the residence requirement in the political subdivision for election to the Batasang Pambansa is reduced from one year to six months immediately preceding the day of the election.
  • Question No. 1 shall state that the apportionment shall be appended as an Ordinance to the Constitution.
  • Question No. 2 shall ask approval of amendments proposed in Resolution Numbered 110 providing for a different mode of presidential succession, including:
    • abolition of the Executive Committee provided in Section 3, Article IX of the Constitution and creation of an Office of the Vice-President;
    • the Vice-President’s qualifications, term, and removal in the same manner as the President, with authority to be appointed to the Cabinet and nominated and elected as Prime Minister;
    • election of the Vice-President with and under the same ticket of the political party as the President unless otherwise provided by law;
    • reduction of the age qualification for President and Vice-President to 40 years old;
    • presidential succession before the presidential election of 1987 (Acting President rules, mandatory timing of Batasang Pambansa convening, and limits on calling special elections);
    • limitations on the powers of the Speaker acting as President, including restrictions on martial law and suspension of the privilege of the writ of habeas corpus without prior consent of at least a majority of all Members, limits on decrees/orders/letters of instruction, automatic leave and Speaker-Pro-Tempore succession, ineligibility for immediate succeeding election as President and Vice-President, and treatment of appointments extended by the Acting President;
    • presidential succession after the election of 1987 (Vice-President becoming President on death before term start, Acting President rules on failure to choose or failure to qualify, and permanent disability/death/removal/resignation succession);
    • statutory succession mechanisms requiring legislation on selection if neither President-elect nor Vice-President-elect qualifies or both die at the term start, and legislation addressing vacancies related to the Speaker.
  • Question No. 3 shall ask approval of amendments proposed in Resolution Numbered 105 providing that “grant” shall be an additional mode for acquisition of lands belonging to the public domain, and that the agrarian reform program may include grant or distribution of alienable lands of the public domain to qualified tenants, farmers and other landless citizens.

Additional amendments and ballot inclusion

  • In case any future resolution proposing further amendments to the Constitution is approved, the Commission on Elections shall formulate the appropriate question or questions for inclusion in the same ballot as the other questions submitted in the plebiscite.

Citizen’s Election Committees and voter compensation

  • There shall be a Citizen’s Election Committee in every voting center composed of three public school teachers, one designated as chairman.
  • If the number of public school teachers is insufficient, the Commission on Elections may appoint private school teachers to complete the committee.
  • Each committee member shall receive compensation of fifty pesos per day of service.
  • Compensation shall be paid not later than thirty days following the day of the plebiscite.

Returns, certification, and ballot-box handling

  • Citizen’s Election Committees shall prepare and sign four copies of the plebiscite returns in their respective voting centers using a form prescribed by the Commission on Elections.
  • The fourth copy shall be deposited in the ballot box for valid ballots.
  • The other three copies shall be delivered to the election registrar concerned, with one copy retained by the registrar and the original delivered immediately to the provincial election supervisor and the remaining copy forwarded to the Commission on Elections.
  • In cities, the election registrar shall deliver the original to the city board of canvassers and forward the other copy to the Commission on Elections.
  • Certified copies of plebiscite returns may be issued by the election committees upon request of interested parties.
  • Certified copies shall be evidence of the results of the plebiscite in the voting centers concerned.

Canvassing boards and canvass results

  • A provincial board of canvassers shall exist in each province, composed of the provincial election supervisor or a representative of the Commission on Elections as chairman, and the provincial fiscal and the division superintendent of schools as members.
  • If there are two or more division superintendents of schools in a province, the Commission shall appoint as member the more senior superintendent who is not a native of the province.
  • A city board of canvassers shall exist in each city, composed of the city election registrar or a Commission on Elections representative who shall be a lawyer as chairman, and the city fiscal and the city superintendent of schools as members.
  • After completion of the canvass, the provincial or city board shall prepare a certificate of canvass in duplicate.
  • The original certificate of canvass shall be delivered to the Commission on Elections in Manila by the fastest possible means; the duplicate shall be filed in the Office of the Provincial Election Supervisor.
  • Certified copies of the certificate of canvass may be issued upon request and shall be evidence of canvass results for the province or city concerned.
  • The Commission on Elections, sitting en banc, shall canvass and proclaim the result of the plebiscite not later than twenty days from the date of the plebiscite.
  • The proclamation shall be based on certificates submitted to it, duly authenticated and certified by the board of canvassers of each province or city.
  • The President shall issue a proclamation upon submission by the Commission on Elections of the plebiscite results, declaring the amendments ratified as part of the Constitution and in full force and effect.

Voter registration cleansing and timelines

  • The Commission on Elections shall order a new registration of voters in any voting center motu proprio or upon verified petition of any election registrar, political party or voter after due notice and hearing in areas where there is need to cleanse the list of voters of illegal or irregular registrants.
  • The new registration order shall be on a date fixed by the Commission on Elections which shall not be later than January 17, 1984.
  • Not later than five days before the date fixed for the plebiscite, the complete list of voters shall be posted in every voting center.
  • Failure to comply with the posting requirement shall be treated as a serious election offense and penalized as such.

Rules, costs, and effectivity

  • Plebiscite expenses shall be charged to the appropriations of the Commission on Elections authorized for the purpose in the General Appropriations Acts of 1983 and 1984.
  • If there is deficiency, appropriations herein provided may be augmented from funds authorized under said General Appropriations Acts under the Special Activities Fund.
  • The plebiscite shall be conducted and supervised by the Commission on Elections and governed by the pertinent provisions of the Election Code of 1978 and other applicable laws.
  • The Commission on Elections shall promulgate the rules and regulations necessary to carry out the Act.
  • The Act shall take effect upon approval.
  • The Act is approved on December 21, 1983.

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