Title
Election and meeting of 1934 Constitutional Convention
Law
Acts No. 4125
Decision Date
May 26, 1934
Act No. 4125 provides guidelines for the election and organization of a Constitutional Convention in the Philippines, including the composition of delegates, eligibility requirements, election procedures, and funding for expenses.

Delegate qualifications and status

  • The office of delegate is honorary. Section 2.
  • The office of delegate is compatible with any other public office not subject to the civil service rules. Section 2.
  • No person is eligible for delegate unless the person has the qualifications required by existing law for eligibility for representative. Section 3.

Election date and postponement

  • The election of delegates is held on June 26, 1934, following the Election Law governing special elections for representative, except as otherwise provided in the Act. Section 4.
  • The Governor-General may postpone the election for good reasons to a date not later than July 16, 1934. Section 4.
  • When postponed, the Constitutional Convention shall be held on the 30th of the same month and year at 11:00 o’clock in the morning. Section 4.

How delegates are chosen

  • Delegates for elective representative districts and for Nueva Vizcaya, Baguio, Agusan, Davao, and Zamboanga are elected by plurality of the votes of qualified electors registered in the general election of 1934 within their respective districts or provinces. Section 5.
  • In Ilocos Sur, voters from Tagudin, Cervantes, Angaki, San Emilio, Concepcion, Sigay, Suyo, Alilem, and Sugpon vote for delegates of the second district. Section 5.
  • In La Union, voters from Pugo, Burgos, San Gabriel, Santol, and Sodipen vote for delegates of the first district. Section 5.
  • No new voters are admitted for this election. Section 5.
  • Delegates for the Mountain Province, Bukidnon, Cotabato, Lanao, and Sulu are elected by secret ballot and by plurality of the votes of members present at a meeting held in their respective localities at 9:00 o’clock in the morning on the election day. Section 5.
  • The secret ballot election in the named provinces is conducted by the presidents, vice-presidents, and councilors of the municipalities and municipal districts. Section 5.
  • The municipal secretary certifies the result of the balloting, and the provincial board acts as the provincial board of canvassers. Section 5.

Candidacy filing and ballot/returns procedures

  • Certificates of candidacy for delegate must be filed at least 10 days before the election by the candidates themselves or by 10 or more electors of the district or province where they are to be elected. Section 6.
  • Certificates of candidacy need not contain any statement regarding political affiliation. Section 6.
  • The Secretary of the Interior prescribes the forms for official ballots. Section 8.
  • Official ballots must be numbered; they must have no coupons and must have no printing on the back. Section 8.
  • The types of ballot boxes prescribed must not require more than two padlocks, and during the election the keys are kept by inspectors of opposing parties; after the election, the ballot boxes are surrendered to the clerk of the Court of First Instance and the provincial commander of the Constabulary. Section 8.
  • The Secretary of the Interior also prescribes the forms for the statements of the results of the election and the forms for telegraphic transmission of the results. Section 8.
  • Statements and official telegrams relating to election results are received and transmitted by the Bureau of Posts without delay and free of charge. Section 8.
  • Election-result transmissions are given preference over other matter. Section 8.

Election officials’ compensation

  • Election inspectors and poll clerks receive a per diem of PHP 3 for each day of service in carrying out the election under this Act. Section 7.

Convention meeting, quorum, and disciplinary powers

  • The Constitutional Convention meets in the Session Hall of the House of Representatives on July 4, 1934, at 11:00 o’clock in the morning. Section 9.
  • A majority of the members constitutes a quorum to do business. Section 9.
  • A smaller number may meet, may adjourn from day to day, and may compel the attendance of absent members. Section 9.
  • The Constitutional Convention is the sole judge of the elections, returns, and qualifications of its members. Section 9.
  • The Convention may organize and adopt such rules as it sees fit. Section 9.
  • The Convention may punish its members for disorderly behavior. Section 9.
  • The Convention may expel a member, but expulsion requires the concurrence of two-thirds. Section 9.

Legislative session protections applied

  • The laws on the parliamentary immunity of members of the Legislature and the protection of legislative sessions and committees against disturbance and molestation, together with the penalties for violating those laws, apply to the Constitutional Convention members and to its sessions and committees. Section 10.

Support from Houses of the Legislature

  • The Secretaries of the Houses of the Legislature place at the disposal of the Constitutional Convention such personnel, premises, and furniture of those Houses as can, in their judgment, be spared without detriment to public service. Section 11.
  • Such support is provided without cost, refund, or additional pay. Section 11.

Appropriations for election and convention expenses

  • PHP 500,000, or so much thereof as may be necessary, is appropriated from any general funds not otherwise appropriated. Section 12.
  • The appropriation covers election expenses subject to the approval of the Secretary of the Interior. Section 12(a).
  • The appropriation covers expenses for fitting the session hall of the House of Representatives and necessary rooms for the use of the Constitutional Convention. Section 12(b).
  • The appropriation covers per diems to Convention members not receiving government salary at the rate of PHP 5 for each day of session actually attended. Section 12(c).
  • The appropriation covers going-to and returning-from session expenses for such members to the same extent allowed to members of the House of Representatives. Section 12(c).
  • The appropriation covers other incidental expenses of the Convention. Section 12(c).
  • Expenses under Section 12(a) are subject to approval of the Secretary of the Interior, and expenses under Section 12(c) are subject to approval of the chairman or acting chairman of the Convention. Section 12(a), Section 12(c).

Effectivity and schedule notice

  • The Act takes effect on its approval. Section 13.
  • The approval date is May 26, 1934. Acts No. 4125.
  • The election postponement to July 10, 1934 and related timing are recognized through Proclamation No. 694. (Postponement notice)

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