Title
Supreme Court
1981 Constitutional Amendment Plebiscite Act
Law
Batas Pambansa Blg. 122
Decision Date
Mar 10, 1981
A plebiscite is scheduled to be held in the Philippines to allow the Filipino people to ratify or reject proposed amendments to the Constitution, including changes to the composition of the Batasang Pambansa, the mode of presidential succession, and the acquisition of lands belonging to the public domain.

Law Summary

Publication and Dissemination of Amendments

  • The proposed amendments were required to be published at least once in English and Pilipino newspapers of nationwide circulation before March 17, 1981.
  • Printed copies were to be posted in prominent government buildings nationwide.
  • Copies had to be provided at polling places for voter examination on the plebiscite day.
  • The Commission on Elections (COMELEC) was authorized to print copies in principal dialects and implement measures for widespread information dissemination.

Ballot Contents and Voting Procedure

  • Ballots were to be printed in English and Arabic (when applicable) as per the 1978 Election Code.
  • Ballot questions corresponded to three resolutions proposing distinct constitutional amendments.
  • Voters were instructed to write "Yes" or "No" for each question to approve or reject the amendments.

First Question: Modified Parliamentary System

  • President remains head of state and Chief Executive, elected directly for six years.
  • The President controls ministries, formulates national policy guidelines, and nominates Prime Minister and Deputy Prime Minister.
  • The President may dissolve the Batasang Pambansa under specific conditions, except:
    1. Within 18 months before or after a regular election.
    2. During impeachment proceedings.
    3. When certain executive officers exercise presidential functions.
  • Presidential immunity shields the incumbent and former President from suits related to official acts during tenure.
  • Legislative power vested in Batasang Pambansa, composed of up to 200 members including regional, sectoral representatives, and Cabinet members.
  • Batasang Pambansa members serve six-year terms; regular elections every six years starting May 1984.
  • The Batasang Pambansa elects the Prime Minister upon presidential nomination and can withdraw confidence.
  • Executive Committee headed by Prime Minister, assists the President, exercises presidential powers in vacancy or disability scenarios.
  • The Cabinet, headed by the Prime Minister, composed of ministers appointed by the President, majority from regional representatives.
  • Prime Minister is responsible to Batasang Pambansa for government program; Deputy Prime Minister performs tasks assigned by Prime Minister.

Second Question: Electoral Reforms

  • Elective officials (except Executive Committee members) barred from appointment to other offices during tenure unless law provides.
  • Political parties of candidates who obtained top two presidential votes accredited if they secured at least 10% of total votes.
  • Accredited parties have rights to representation in election boards and other privileges as provided by law.
  • Prohibition on change of political party affiliation during term or within six months before/after election unless otherwise allowed by law.

Third Question: Amendment on Land Ownership

  • Natural-born Filipino citizens who lost citizenship may acquire private land for residence as provided by law, amending Section 14, Article XIV.

Election Officials and Canvassing Procedures

  • Citizens Election Committees from 1980 local elections reappointed for polling centers with COMELEC authority for reassignment.
  • Committees prepare and sign three copies of plebiscite returns; copies distributed to ballot box, municipal officials, provincial officials, and COMELEC.
  • Provincial or City Boards of Canvassers prepare certificates of canvass in duplicate; originals sent promptly to COMELEC.
  • COMELEC convenes en banc for canvassing and proclaiming results based on authenticated certificates.

Rulemaking, Funding, and Implementation

  • COMELEC empowered to promulgate implementing rules and regulations.
  • Expenses charged to COMELEC appropriations under the General Appropriations Act, with possible augmentation from Special Activities Fund.
  • Plebiscite conducted and supervised by COMELEC subject to 1978 Election Code and relevant laws.

Effectivity of the Act

  • The Act took effect immediately upon approval on March 10, 1981.

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