Title
1946 PH National Elections Act
Law
Commonwealth Act No. 725
Decision Date
Jan 5, 1946
Commonwealth Act No. 725 outlines the procedures, requirements, and guidelines for the next election in the Philippines, including filing certificates of candidacy, voter registration, composition of election boards, preparation of ballots, canvassing of votes, qualifications and terms of office for elected officials, appropriation of funds, and its applicability to the election scheduled for April 23, 1946.
A

Filing of Certificates of Candidacy

  • Certificates must be filed at least 70 days before election day with the Commission on Elections (COMELEC), in quadruplicate, signed and sworn by the candidate.
  • COMELEC sends copies to Senate Secretary, House Secretary, and local treasurers, who forward them to election inspectors.
  • Certificates sent by mail are valid by registered mail date or certified receipt by postmaster.
  • Candidate nominations by political parties may be filed without candidate’s signature if accompanied by a sworn certificate from party officers.
  • Conflicts between individual and party nominations resolved by prioritizing the candidate's filing or party affiliation.
  • Filing a certificate of candidacy is deemed as resignation from any civil office held.

Voter Registration and Qualifications

  • Creation of new voter lists in each city and municipality for qualified electors under the Election Code.
  • Only those registered in the new list can vote.
  • Presentation of residence certificates or affixing of documentary stamps is not required.

Meetings and Preparation by Board of Election Inspectors

  • Four meetings are scheduled on specific Fridays and Saturdays before the election, declared official holidays.
  • Purpose: Prepare voter lists, register new qualified electors, and make court-ordered changes.
  • Includes proper numbering and record-keeping for voter lists.

Voting Rights of Military Personnel

  • Officers and enlisted men of the Philippine Army or Military Police who meet qualifications may vote.
  • Excludes members of the permanent regular army and U.S. regular army in the Philippines.

Ballot Specifications

  • Ballots to follow Election Code Article VIII but with dimensions of 120mm x 350mm, folded to 90mm x 120mm.
  • The ballot section for House Members follows the Vice-President’s section.

Certification and Accountability of Voting Results

  • Boards must issue certificates of registered voters daily and voting results after canvass.
  • Certificates must be signed by all board members and poll clerk, copies to watchers.
  • Refusal or falsification leads to imprisonment (1 year and 1 day to 5 years), disqualification from public office, and suspension of suffrage.

Composition of Election Boards and Voting Procedures

  • Board includes inspectors and substitutes: one from the largest party, one from the next largest party (if 10% votes gained), and one appointed by COMELEC (public school teachers).
  • Special provision if majority party is factionalized.
  • Poll clerk votes to break ties.

Provincial and City Boards of Canvassers

  • Composed of treasurer, auditor, and schools superintendent; in cities, city treasurer, fiscal, and superintendent.
  • Meet within 15 days after election to canvass city/province votes.
  • Declare winners for House Members; tie procedures follow Election Code.
  • Provide official statements of votes for President, Vice-President, Senator.
  • Send copies of canvass results to COMELEC, Congressional Secretaries, and candidates.

National Canvass for Senators

  • COMELEC canvasses Senatorial results by May 20, 1946.
  • The top 16 vote-getters proclaimed elected.
  • Ties for the 16th place resolved by drawing lots in a public session.
  • Official reports sent to Senate Secretary and tied candidates.

Assumption of Office and Terms

  • Elected Senators and Representatives assume office on election day; Congressional session begins May 25, 1946.
  • President and Vice-President assume office May 28, 1946; terms end December 30, 1949.
  • Senators’ terms staggered: top 8 serve until December 29, 1951; next 8 until December 29, 1949.
  • Tie-breaking for Senate seats adheres to outlined drawing of lots.

Remuneration for Election Officials

  • Board members receive Php 10 per day; two days’ pay on election day.
  • Government employees receive Php 5 per day plus two days’ pay on election day beyond salary.
  • Municipal treasurer receives compensation equal to an inspector’s salary on election day.

Appropriations for the Election

  • Funds appropriated under Commonwealth Act No. 723 allocated for expenses.
  • Excess expenses can be advanced from treasury and reimbursed later by appropriations.

Effectivity and Specific Application

  • Act takes effect upon approval.
  • Governs only the 1946 election for the specified national offices.

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