1940 Constitutional Amendments Referendum Act

Election date and referendum submission

Section 1 requires submission of the proposed amendments to the Constitution of the Philippines and the appended ordinance to the Filipino people for approval or disapproval.
The referendum is held at a general election throughout the Philippines on Tuesday, June 18, 1940.
The proposed amendments were adopted by the National Assembly in Resolution No. 38, dated September 15, 1939, and amended by Resolution No. 73, dated April 11, 1940.

Publication and posting requirements

Section 2 requires publication of the amendments in English and Spanish in three consecutive issues of the Official Gazette at least twenty days prior to the election.
Section 2 requires posting a printed copy of the amendments in a conspicuous place in every municipal, city, and provincial government office building and in every polling place, not later than May 18, 1940.
Section 2 requires the printed copies to remain posted until after the election.
Section 2 requires keeping at least ten copies of the amendments in each polling place to be available for examination by qualified electors during election day.
Section 2 authorizes that, when practicable, copies in principal native languages determined by the Secretary of the Interior shall also be kept in polling places.

Conduct of the election

Section 3 provides that the election shall be conducted in conformity with the Election Code, insofar as applicable.
Section 4 requires existing boards of election inspectors to meet to revise the list of voters and register new ones on May 25, 1940.
Section 4 fixes compensation for election officials: each election inspector and poll clerk receives two pesos per day, including election day, for actual service rendered.
Section 4 allows appointment of watchers: two watchers per polling place may be appointed by national directorates of existing political parties or their duly authorized representatives.

Voters proceedings, deadlines, and revision

Section 5 requires all judicial proceedings for inclusion or exclusion of voters to be filed not later than June 1, 1940.
Section 5 requires such judicial proceedings to be finally decided on or before June 15, 1940.
Section 5 requires election inspectors to conduct a final revision of the list of voters during the first hours of election day.

Ballot form and voting procedure

Section 6 requires ballots to be printed in English and Spanish.
Section 6 requires the ballots to be substantially in the form of an OFFICIAL BALLOT / Balota Oficial stating that the National Assembly, by a vote of three-fourths of all its Members, proposed the amendments.
Section 6 requires each elector to vote for approval by writing “YES” in the blank space opposite each amendment proposed.
Section 6 requires each elector to vote for rejection by writing “NO”.
Section 6 provides the Spanish equivalents: “SI” for approval and “NO” for rejection.
The ballot enumerates three amendments for approval (items 1, 2, and 3) describing:
- Item 1: establishment of a bicameral legislature known as the Congress of the Philippines (with a Senate elected at large and a House of Representatives elected by districts), fixing the salary of Senate and House members at P7,200 per annum unless otherwise provided by law; and consequential modifications to specified constitutional provisions on election canvassing, treaty-making power, impeachments, and amendments.
- Item 2: repeal of the constitutional provision prohibiting reelection, change in presidential and vice-presidential terms from six years to four years, and prohibition on any person serving as President for more than eight consecutive years.
- Item 3: addition of a new Article X establishing a Commission on Elections composed of a Chairman and two members with exclusive charge of enforcement and administration of election laws; and consequential renumeration of constitutional articles.

Election returns, forwarding, and certification

Section 7 requires boards of election inspectors to prepare and sign three copies of election returns for their respective polling places on a form prescribed by the Secretary of the Interior.
Section 7 requires one copy to be deposited in the ballot box for valid ballots.
Section 7 requires two copies to be delivered to the proper municipal or city treasurer, who must immediately forward by registered mail one copy to the Secretary of the National Assembly and the other copy to the Secretary of the Interior.
Section 7 provides a contingency: if mailing is delayed for any reason, the National Assembly may act based on official telegraphic results received by the Secretary of the Interior and certified by him to the Secretary of the National Assembly.

Canvassing and special session

Section 8 requires that within thirty days after the election, the Speaker of the National Assembly request the President of the Philippines to call a special session for the purpose of canvassing returns and certifying election results.

Appropriation and use of funds

Section 9 appropriates PHP 400,000 or so much thereof as may be necessary, from any funds in the Philippine Treasury not otherwise appropriated, for election-related expenses.
Section 9 requires that payment is subject to approval by the Secretary of the Interior.
Section 9 provides that expenses include printing, publication, posting, and free distribution of copies of the proposed amendments and the appended ordinance, including the new articles, in English and Spanish and, whenever practicable, in the principal native languages.
Section 9 requires any unexpended balance to revert to the general fund on July 1, 1941.

Repeal and effectivity

Section 10 repeals such portions of Commonwealth Act No. 492 as conflict with the provisions of Commonwealth Act No. 517.
Section 11 provides that the Act takes effect upon its approval (April 25, 1940).