Title
1940 Constitutional Amendments Referendum Act
Law
Commonwealth Act No. 517
Decision Date
Apr 25, 1940
Commonwealth Act No. 517 mandates the submission of proposed amendments to the Constitution of the Philippines to the Filipino people for approval or disapproval through a general election, outlining the procedures and requirements for the election process.
A

Dissemination and Accessibility of Amendments

  • Amendments must be published in English and Spanish in three consecutive issues of the Official Gazette at least 20 days before the election.
  • Printed copies must be conspicuously posted in municipal, city, and provincial government offices and polling places by May 18, 1940, and remain until after the election.
  • Each polling place must have at least ten copies available for qualified voters.
  • If possible, translations in principal native languages shall be made available as determined by the Secretary of the Interior.

Election Conduct and Procedures

  • The election is to be conducted under the applicable provisions of the Philippine Election Code.
  • Boards of election inspectors are to revise voter lists and register new voters on May 25, 1940.
  • Each election inspector and poll clerk receives a daily compensation of two pesos, covering election day service.
  • Political parties or their representatives may appoint up to two watchers per polling place.

Judicial Proceedings and Finalization of Voter Lists

  • Judicial cases concerning voter inclusion or exclusion must be filed by June 1, 1940.
  • Such cases must be resolved by June 15, 1940.
  • The board of election inspectors must finalize voter lists early on election day.

Ballot Design and Voting Instructions

  • Ballots shall be printed in English and Spanish.
  • The ballot provides clear instructions to write "YES" or "NO" in response to each proposed amendment.
  • Three key amendments are summarized on the ballot:
    1. Establishment of a bicameral legislature replacing the current National Assembly, including details on the Senate, House of Representatives, their salaries, and related constitutional modifications.
    2. Repeal of the prohibition on reelection, reduction of terms of the President and Vice-President from six to four years, and a cap of eight consecutive years as President.
    3. Creation of a Commission on Elections with exclusive authority over election law enforcement and administration.

Returns of Election and Canvassing

  • Election boards must prepare and sign three copies of election returns:
    • One deposited in the ballot box
    • Two delivered to the municipal or city treasurer.
  • Treasurer must immediately send one copy each to the Secretary of the National Assembly and the Secretary of the Interior by registered mail.
  • If mailing is delayed, the National Assembly may use certified telegraphic results from the Secretary of the Interior.

Post-Election Procedures

  • Within 30 days after the election, the Speaker of the National Assembly shall request the President to convene a special session of the Assembly to canvass returns and certify election results.

Appropriation of Funds

  • An appropriation of up to four hundred thousand pesos is authorized from the Philippine Treasury to cover election-related expenses, including printing, publishing, posting, and free distribution of amendment texts.
  • Unused funds will revert to the general fund by July 1, 1941.
  • The Secretary of the Interior must approve all incurred expenses.

Repeal of Conflicting Laws and Effectivity

  • Portions of Commonwealth Act No. 492 conflicting with this Act are repealed.
  • This Act takes effect immediately upon approval (April 25, 1940).

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.