Election date and legal framework
- The next election for President and Vice-President, Senators, and Members of the House of Representatives is held on Tuesday, April twenty-three, nineteen hundred and forty-six.
- The election is conducted in accordance with the provisions of Commonwealth Act Numbered Three hundred and fifty-seven (the Election Code) and Commonwealth Act Numbered Six hundred and fifty-seven, entitled “An Act to Reorganize the Commission on Elections,” insofar as applicable and not in conflict with the Act.
- The Act construes the Election Code terms so that:
- “national offices” refers to President and Vice-President, Senators, and Members of the House of Representatives.
- “Members of the National Assembly” refers to Members of the House of Representatives.
- “Secretary of the Interior” refers to the Commission on Elections.
Candidate filing and certificate rules
- At least seventy days immediately prior to April 23, 1946, candidates must file their certificates of candidacy for the election with the Commission on Elections.
- Certificates of candidacy must be filed in quadruplicate, and must be subscribed and sworn to by the candidates themselves.
- The Commission on Elections must immediately send copies of certificates of candidacy to:
- the Secretary of the Senate; and
- the Secretary of the House; and
- the provincial or city treasurers of each province or city where the election will be held.
- Provincial or city treasurers must immediately send copies to the boards of election inspectors.
- Upon receipt, the Commission on Elections must communicate the names of candidates to the provincial or city treasurers by telegraph or radiogram, and treasurers must transmit them immediately to the boards of election inspectors within their jurisdiction.
- If a certificate of candidacy is sent by mail, it must be by registered mail, and the filing date is the date the envelope was deposited in the post office.
- If the post office lacks registered mail facilities, the postmaster must:
- accept the envelope as ordinary mail,
- show the deposit date on the envelope, and
- swear to a statement that it was received on the same date, which date is treated as the filing date.
- If there is no postmaster, the duties of the postmaster are performed by the municipal treasurer.
Party-nominated candidates and conflict precedence
- A candidate nominated by a political party as the party’s official candidate may have the certificate of candidacy filed by the political party without the candidate’s signature or oath.
- A political party must file with the Commission on Elections a separate certificate of such nominations, subscribed and sworn to by the president and secretary of the political party.
- If two or more certificates of candidacy for different offices are filed by different political parties for the same candidate:
- the certificate filed by the party to which the candidate belongs prevails,
- unless the candidate decides otherwise.
- If a candidate files his own certificate of candidacy for one office and is nominated by one or more political parties for other offices:
- the certificate filed by the candidate himself prevails.
- A person holding any civil office by appointment in the government (or any political subdivision or agency, or government-owned or controlled corporation), whether appointive or elective, is considered to have resigned from such office from the moment of filing the certificate of candidacy.
Voters registry, registration events, and polling lists
- A new voters list must be created in each city or municipality registering electors who:
- possess the qualifications prescribed by section ninety-three of the Election Code; and
- are not disqualified under section ninety-four of the Election Code.
- A qualified elector may vote on election day only if the elector’s name appears in the new registry list.
- The Act dispenses with:
- the requirement to present a residence certificate of voters; and
- the affixing of documentary stamps in voters’ affidavits or any other document required by the board of inspectors.
Election inspectors meetings and voter list preparation
- Each board of election inspectors for every precinct holds four meetings at the polling place on:
- the seventh Friday, seventh Saturday, sixth Friday, and sixth Saturday next preceding the election date, which days are declared official holidays.
- During those meetings, the board must prepare, as provided in the Election Code, eight copies of the precinct’s list of voters for the registration of qualified electors applying for registration.
- The board must also meet on the second Saturday immediately preceding election day to make inclusions, exclusions, and corrections ordered by the courts.
- The board must state, opposite every corrected/added/cancelled name:
- the date of the order; and
- the court that issued the order.
- The board must also ensure consecutive numbering of voters in the precinct.
Who may vote and ballot design
- Officers and enlisted men of the Philippine Army or the Military Police who have the required qualifications and are not otherwise disqualified may vote in the election.
- Officers and enlisted men of the permanent regular army of the Philippines, and officers and enlisted men that form part of the regular army of the United States in the Philippines, are excluded from voting under this Act.
- Ballots must follow Article VIII of the Election Code, except that ballot size must be one hundred and twenty millimeters wide and three hundred and fifty millimeters long exclusive of the stub and the coupon containing the detachable number.
- Ballots must be folded twice toward the bottom so that, when folded, they are about ninety by one hundred and twenty millimeters, with the entire coupon and its detachable number visible.
- The space intended for Member of the House of Representatives must follow immediately that corresponding to Vice-President.
Required certificates, voter-count wording, and penalties
- After each day of voter registration and before leaving the polling place, the board of inspectors must issue a certificate of the total number of registered voters.
- After the announcement of the canvass results and before leaving the polling place, the board must issue a certificate showing the number of votes obtained by each candidate.
- Vote numbers in the certificates must be written in words and not in figures.
- Certified copies must be duly signed by all members of the board, including the poll clerk, and must be furnished to all watchers present.
- Any inspector who fails or refuses to issue the required certificate, refuses to furnish a copy to any watcher, or states an incorrect number of votes in favor of any candidate is punished by:
- imprisonment of not less than one year and one day nor more than five years; and
- disqualification to hold any public office and to exercise the right of suffrage for a period of not less than one year nor more than nine years.
Appointment of inspectors and board presidency
- One inspector and his substitute, and the poll clerk and his substitute (the latter two must be public school teachers) are appointed upon recommendation of the party that received the largest number of votes in the last national elections.
- One inspector and his substitute are recommended by the party with the next largest number of votes in the last national elections, if that party obtained not less than ten per cent of votes cast in such elections.
- A third inspector and his substitute are chosen by the Commission on Elections, and the presiding inspector or substitute must be public school teachers.
- If the majority party is divided into two factions of national character with candidates for President, Vice-President and Senators, each faction has one inspector and one substitute.
- In that divided-majority scenario, the Commission on Elections names one additional inspector and one substitute, who are public school teachers, and the additional inspector presides.
- In case of a tie in the board, the poll clerk votes.
Provincial and city canvassing boards
- The provincial board of canvassers consists of:
- the provincial treasurer,
- the provincial auditor, and
- the division superintendent of schools.
- In Manila and other chartered cities, the board consists of:
- the city treasurer,
- the city fiscal, and
- the city superintendent of schools.
Canvassing deadlines, statements, proclamations
- The provincial or city board of canvassers must meet:
- as soon as possible, but
- not later than fifteen days next following election day,
to canvass votes cast in the province or city.
- After completion of canvass, the board must produce:
- a statement of votes received by each candidate for President and Vice-President;
- a statement of votes cast for the office of Senator; and
- a statement of votes cast for Member of the House of Representatives for each legislative district.
- For House of Representatives elections, the board must proclaim elected the registered candidate for each legislative district who received the largest number of votes.
- If two or more candidates in the same district receive the same largest number of votes, the board must follow section one hundred sixty of the Election Code.
- For President, Vice-President, and Senators:
- the board must merely state and certify the number of votes polled by the candidates;
- it must send the Senators statement to the Commission on Elections;
- it must send the President and Vice-President statement to the President of the Senate through the Commission on Elections.
- The board must:
- make and sign copies of the statement results and
- seal them with the seal of the province or city government.
- The provincial or city treasurer must:
- file a copy in his office; and
- immediately send by registered mail copies to:
- the Commission on Elections,
- the Secretaries of both Houses of Congress, and
- each candidate who received the largest number of votes in the province or city.
Commission canvass and Senate tie-break
- The Commission on Elections canvasses the Senator results as soon as statements are received from every province and city, but not later than May twenty, nineteen hundred and forty-six.
- The sixteen registered candidates with the largest number of votes for Senator are proclaimed elected.
- If two or more candidates are tied for the sixteenth place, the Commission:
- records the tie in the corresponding statement;
- gives three days notice to all tied candidates for possible appearance through duly authorized representatives;
- holds another public session to draw lots among the tied candidates;
- proclaims the candidate favored by luck.
- The proclaimed candidate assumes office as if elected by plurality vote.
- The Commission must forthwith make a statement of the procedure followed in drawing lots, the result, and the subsequent proclamation, and send certified copies by registered mail to the Secretary of the Senate and each tied candidate.
Taking office and Congress vote-count schedule
- Candidates proclaimed elected for:
- Member of the House of Representatives and
- Senators
assume office and hold regular sessions for the year nineteen hundred and forty-six on May twenty-five, nineteen hundred and forty-six.
- Within thirty-five days after the election, both Houses of Congress meet in session and publicly count the votes cast for President and Vice-President in accordance with Article VII, section two of the Constitution.
- The persons with the largest number of votes for President and Vice-President are declared elected.
- If two or more candidates have an equal and largest number of votes for either office, one is chosen by a majority vote of the Members of Congress in joint session assembled.
Office terms and specific end dates
- The elected President and Vice-President qualify and assume office on May twenty-eight, nineteen hundred and forty-six.
- Their terms end at noon on the thirtieth day of December, nineteen hundred and forty-nine.
- The term of the sixteen Senators elected under the Act begins on the day of their election.
- The eight Senators who received the largest number of votes have terms ending on December twenty-nine, nineteen hundred and fifty-one.
- The other eight Senators have terms ending on December twenty-nine, nineteen hundred and forty-nine.
- If there is a tie for the eighth place, the Commission follows the procedure in section eleven by drawing lots.
- The term of Members of the House of Representatives begins on the day of their election and ends on December twenty-nine, nineteen hundred and forty-nine.
Compensation and appropriations for election
- Each member of the board of election inspectors and each poll clerk is entitled to a per diem of ten pesos for each day of actual service in the board meetings and an additional two days’ per diem for the day of the election.
- A government employee appointed by the Commission on Elections as a member of the board of inspectors or poll clerk receives, in addition to salary:
- five pesos per diem for each day of actual service rendered in the board; and
- two days’ per diem for the day of the election.
- For services during the holding of the election, the municipal treasurer receives, in addition to salary, compensation equal to the salary of an inspector on the election day.
- The amount appropriated in Commonwealth Act Numbered Seven hundred and twenty-three for holding the election under this Act is made available to defray election expenses.
- Any excess expenditure beyond the amount appropriated in Commonwealth Act Numbered Seven hundred and twenty-three is advanced from funds in the Philippine Treasury for reimbursement in equal installments to be provided in later general appropriations acts.
Transitory and limited application
- The Act governs only the election to be held for President, Vice-President, Senators, and Members of the House of Representatives on April twenty-three, nineteen hundred and forty-six.
- The Act takes effect upon approval and applies to that election as the governing special election statute, subject to the Election Code and the Commission reorganization law in applicable and non-conflicting respects.