National Referendum on Martial Law and Assembly

Purpose and issues to be resolved

Section 3 directs barangays to resolve the issues of martial law, the interim assembly, and the replacement of the interim assembly.
Section 3 requires barangays to resolve the powers of such replacement and the period of its existence.
Section 3 requires barangays to resolve the length of the period for the exercise of the President of his present powers.
Section 3 authorizes additional issues when they are certified by the President in another decree.
Section 1 frames the referendum as a people’s resolution conducted in the manner established by the Decree.

Coverage: who must participate

Section 4 requires every Filipino citizen, literate or not, who is 15 years of age or over and has resided in the barangay for at least six months to participate in the consultation in the barangay.
Section 4 allows a person who cannot participate in the consultation of his barangay to participate in any barangay most convenient to him.
Section 4 prohibits a barangay member from participating in more than one barangay consultation.

Information and educational campaign

Section 5 requires every barangay to hold assemblies or meetings on any day between September 11 to October 15 to inform or enlighten members regarding the referendum issues.
Section 5 directs barangays to enable members to cast votes intelligently through free, full, and constructive discussion and exchange of views.
Section 5 allows barangays to enlist assistance of knowledgeable persons from both public and private sectors as speakers or resource persons.
Section 6 requires notice to the COMELEC Supervisory Panel for each educational or informative meeting.

COMELEC supervision and control mechanics

Section 2 mandates that the Commission on Elections (COMELEC), in addition to constitutional powers, exercises supervision and control over the conduct and all other processes of the referendum, including balloting where applicable, acclamation, canvass, and proclamation of results.
Section 6 requires the barangay captain or the president of the Kabataang Barangay to notify the COMELEC Supervisory Panel of the holding of any educational/informative meeting or assembly; the Supervisory Panel must send a representative.
Section 6 requires the Comelec Supervisory Panel to keep a complete record of such meetings in every barangay under its jurisdiction.
Section 6 requires action when no meeting is held: if by October 10 a barangay has failed to hold a meeting as required, the Supervisory Panel must instruct barangay officials to comply and notify the Department of Local Government and Community Development.
Section 6 requires further measures: if officials still fail to hold the meetings, the Supervisory Panel must take steps appropriate and necessary to ensure compliance.

Referendum participation rules and protections

Section 7 protects persons registered as barangay members: they shall not be questioned, interrogated, or investigated before or after the referendum for speech, remarks, or statements made in referendum discussions or debates.
Section 7 makes such remarks, statements, or views inadmissible as evidence in any investigation or suit against the persons who made them.
Section 7 allows printing of pamphlets, leaflets, posters, handbills, and other printed materials designed to explain the referendum questions or enlighten the people about them.
Section 7 allows dissemination and circulation of these printed materials without restriction, subject to pertinent and applicable provisions of the Election Code of 1971 and regulations the Commission on Elections may promulgate in accordance with Section 5 of General Order No. 51.
Section 7 provides that no registered barangay member shall be held to account for views expressed in printed materials, and those printed materials shall be inadmissible as evidence in any investigation or suit against printers, publishers, or circulators.
Section 7 conditions dissemination of printed materials: printed materials shall not be disseminated or circulated unless they indicate the name and address of the author, and the name and address of the printer.

Voting procedures and referendum conduct

Section 8(1) requires the barangay captain to fix the time and place of the referendum and/or consultation after due consultation with other barangay officers and the Kabataang Barangay.
Section 8(1) requires the time and place to be given widest publicity to assure maximum attendance of barangay members.
Section 8(1) provides that whenever possible, referendum centers used in the referendum of February, 1975 shall be used.
Section 8(2) requires barangays with one hundred or more members to conduct the referendum using ballots.
Section 8(2) allows barangays with less than one hundred members to decide to hold their consultation by acclamation.

Ballot preparation, authentication, and voting centers

Section 9 makes barangays responsible for printing ballots when ballots are used.
Section 9 prohibits ballot printing unless the COMELEC Supervisory Panel is first notified so it can send a representative to supervise the printing.
Section 9 requires ballots to be signed and countersigned at the back by the representative of the Comelec Supervisory Panel, the Chairman of the Barangay Referendum Committee, and the President of the Kabataang Barangay (or their duly authorized representatives).
Section 9 requires custody: printed ballots authenticated under the prior requirements must be kept in the custody of the Chairman of the barangay referendum committee until the day of the referendum.
Section 9 permits economy and convenience: contiguous barangays or barangays belonging to the same municipality or province may pool resources and have ballots printed at the same time by one printing firm or entity.
Section 13 allows voting by ballots or acclamation, consistent with the barangay’s chosen method under Section 8.
Section 13 requires secret ballot preparation: the voter must prepare the ballot in secret and return it to the Chairman, who deposits it in the proper ballot box in the presence and view of the voter and referendum committee members.
Section 13 provides assistance for illiterate or physically unable voters: such a voter may choose a person of his confidence, preferably a relative by affinity or consanguinity within the fourth civil degree, to assist in preparing the ballot.
Section 13 requires two ballot boxes per barangay referendum center: one for voters 15 years of age and under 18, and a second box for voters 18 years of age and above.
Section 13 sets voting hours: voting starts promptly at seven o’clock in the morning and closes at six o’clock in the afternoon.

Barangay committees and supervisory panels

Section 10 requires a barangay referendum committee for every barangay, appointed under the guidance of the Department of Local Government and Community Development, to conduct voting and count votes cast in the barangay under Comelec supervision and control.
Section 11 requires a COMELEC Supervisory Panel in each city, municipality, or municipal district.
Section 11 provides panel composition: the Election Registrar (or, in his absence, the city/municipal treasurer) serves as Chairman; ranking public school teachers and other civil service employees serve as members, appointed by the Chairman.
Section 11 requires membership number to depend on the size and number of barangays under its jurisdiction, as determined by the election registrar or city/municipal treasurer.
Section 12(a) empowers the Comelec Supervisory Panel to send representatives (number determined by barangay size) with power to decide questions on the right of participation, to ensure the meeting is free, orderly, and honest, and to submit a written report on how the consultation was held.
Section 12(b) empowers the Comelec Supervisory Panel to authorize postponements of scheduled consultations due to terrorism, natural calamities, or other similar causes.
Section 12(c) empowers the Comelec Supervisory Panel to organize a barangay referendum committee if one is not duly constituted or to appoint substitutes.
Section 12(d) authorizes replacement of any barangay referendum committee member for violation of Comelec rules and regulations, violation of instructions of the panel representative, or for irregularities committed in performance of duties.
Section 12(e) empowers the Comelec Supervisory Panel to recommend to the Commission on Elections the annulment of referendum results in any barangay upon proof of use of unauthorized ballots or other serious irregularity during voting or counting.
Section 12(f) authorizes additional voting centers in barangays with many members; the panel may authorize as many as necessary, with notice to the Department of Local Government and Community Development for corresponding constitution of barangay referendum committees.

Results preparation, transmission, canvass, proclamation

Section 14 requires the Barangay Referendum Committee to prepare and certify two copies of barangay voting results immediately after votes are counted.
Section 14 requires referendum results to be prepared in two parts: Part One for voters 15 years of age and under eighteen, and Part Two for voters eighteen years of age and over.
Section 14 requires the results to indicate the voting date; the barangay name and the city, municipality or municipal district and province where the barangay is situated.
Section 14 requires the results to state: number of members who voted, total affirmative votes, total negative votes, and total absentations for each issue submitted, written out in words and in figures.
Section 14 requires the names and signatures of the Chairman and members of the Barangay Referendum Committee on the results.
Section 14 requires transmission: the original of results goes to the Commission on Elections by the fastest available means, while the duplicate is delivered to the Secretary of the Department of Local Government and Community Development.
Section 15 requires the Commission on Elections en banc to canvass referendum results certified for each barangay and to proclaim results based on the canvass.
Section 15 provides a rule for missing results: if results are missing and the votes will not affect the result of voting, the Commission on Elections may terminate canvass and proclaim results based on available referendum results.

Watchers and government assistance

Section 16 allows civil, religious, youth, and similar organizations to designate not more than two watchers each under written authority accredited by the Comelec Supervisory Panel.
Section 16 requires watchers to observe the referendum and the canvass of results by the National Board of Canvassers.
Section 17 empowers Comelec to enlist assistance and cooperation of personnel and facilities of any government office, agency, or instrumentality to implement the Decree, after due consultation with the respective heads.

Appropriations and rulemaking

Section 18 appropriates Five Million Pesos out of any funds in the National Treasury not appropriated to carry out the purposes of the Decree.
Section 19 requires the Commission on Elections to promulgate rules and regulations necessary to carry out the provisions of the Decree.

Duration and key dates

Section 1 fixes the referendum/consultation date for barangays throughout the land as October 16, 1976.
Section 5 fixes the education/information campaign window as September 11 to October 15.
Section 6 sets October 10 as the deadline for barangays to have held an education/information meeting in accordance with Section 6, triggering COMELEC Supervisory Panel instructions and possible further steps.