Title
National Referendum on Martial Law and Assembly
Law
Presidential Decree No. 991
Decision Date
Sep 2, 1976
Presidential Decree No. 991 calls for a national referendum to resolve issues related to martial law and the interim National Assembly, with the Commission on Elections overseeing the voting process and ensuring the protection of free speech and dissemination of information.
A

Supervision and Control

  • The Commission on Elections (COMELEC) is vested with supervision and control over the entire referendum process.
  • Duties include overseeing balloting, acclamation, canvassing, and proclamation of results.

Issues for Resolution in the Referendum

  • Key issues to be resolved include martial law, the interim National Assembly, its possible replacement, powers of the replacement, duration of both the replacement and the presidential powers.
  • Other issues may be added by presidential certification.

Eligibility and Participation

  • All Filipino citizens aged 15 or older, literate or not, residing in the barangay for at least six months, are entitled to participate.
  • Participants may vote in the barangay most convenient to them once, preventing multiple participations.

Information and Educational Campaign

  • Barangays must hold assemblies or meetings from September 11 to October 15 to inform members about the issues.
  • These meetings encourage constructive discussions, facilitated by knowledgeable public or private sector figures.

Notice and Record of Educational Meetings

  • Barangay officials must notify the COMELEC Supervisory Panel when holding educational meetings.
  • The Supervisory Panel sends representatives and keeps records; it can compel barangays to comply with meeting requirements.

Protection of Free Discussions and Printed Materials

  • Registered barangay members are protected from investigation or prosecution for statements made during referendum-related discussions.
  • Printing and dissemination of informational materials are permitted if they include the author’s and printer’s names and addresses.
  • Such materials are inadmissible as evidence against the creators or distributors.

Conduct and Location of Referendum

  • Barangay captains, in consultation with local officials, set the time and place of the referendum.
  • Publicity is mandated to maximize attendance.
  • Barangays with 100 or more members shall use ballots; smaller barangays may opt for voting by acclamation.

Ballot Printing and Authentication

  • Barangays responsible for printing ballots must notify the COMELEC Supervisory Panel prior to printing.
  • Ballots are signed and countersigned by COMELEC representatives and barangay officials.
  • Contiguous barangays may jointly print ballots for economies of scale.

Barangay Referendum Committee

  • Each barangay must have a referendum committee appointed under the Department of Local Government and Community Development’s guidance.
  • The committee handles the voting and counting processes under COMELEC oversight.

COMELEC Supervisory Panels

  • Established in each city or municipality, chaired by the Election Registrar or treasurer, with public school teachers and civil servants as members.
  • Panel membership size depends on barangay numbers and size.

Powers and Functions of the COMELEC Supervisory Panels

  • Supervise consultations, decide voter eligibility disputes, ensure orderly conduct.
  • Can authorize postponements due to terrorism or calamities.
  • Organize or supplement barangay referendum committees.
  • Replace members for rule violations or irregularities; recommend annulment of results if warranted.
  • May authorize multiple voting centers in large barangays.

Voting Procedures

  • Voting can be by secret ballot or acclamation.
  • For ballots, voters prepare their ballots in private; illiterate or physically disabled voters may appoint a trusted assistant.
  • Separate ballot boxes are provided for voters aged 15 to under 18 and those 18 and above.
  • Voting hours set from 7 AM to 6 PM.

Preparation and Transmission of Results

  • Votes counted immediately; results certified in two copies distinguishing voters by age groups.
  • Results detail voter turnout, affirmative and negative votes, and abstentions, signed by committee members.
  • Original results sent to COMELEC by fastest means; duplicate sent to Department of Local Government and Community Development.

Canvassing by the Commission on Elections

  • COMELEC convenes to canvass barangay-certified results and proclaim final outcome.
  • May proceed with canvass and proclamation even with missing results if such missing data do not affect overall outcomes.

Watchers' Accreditation

  • Various organizations may designate up to two accredited watchers for observing the referendum and canvassing.

Government Assistance

  • COMELEC empowered to enlist assistance from other government offices or agencies post-consultation with their heads.

Appropriations

  • Five million pesos appropriated from the National Treasury for executing the provisions of the decree.

Promulgation of Rules

  • COMELEC tasked with issuing necessary rules and regulations to implement the decree.

Effectivity

  • The decree is effective immediately upon promulgation.

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