Title
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.
plebiscite
ratification
rejection

Plebiscite call and submission date

  • A plebiscite shall be held on April 7, 1981 to submit constitutional amendments to the electorate for ratification or rejection (Section 1).
  • The amendments being submitted are those proposed by the Batasang Pambansa, sitting as a Constituent Assembly, during its Third Regular Session (Section 1).

Publication, posting, and dissemination duties

  • The amendments must be published at least once in each of the English and Pilipino newspapers of nationwide circulation, with the last publication not later than March 17, 1981 (Section 2).
  • Printed copies of the amendments must be posted in a conspicuous place in every municipal, city and provincial office building not later than March 17, 1981 (Section 2).
  • Sufficient copies must be furnished to each polling place for availability to qualified voters for examination during the day of the plebiscite (Section 2).
  • When practicable, copies must also be printed in principal dialects determined by the Commission on Elections (Section 2).
  • The Commission on Elections is empowered to promulgate rules and regulations to ensure widest dissemination of information through broadcast and print media and the barangays (Section 2).

Ballot form and voting questions

  • Ballots must be printed in English and, in appropriate cases, in Arabic as provided by the Election Code of 1978 (Section 3).
  • Ballots must be in a form prescribed by the Commission on Elections, including the plebiscite questions (Section 3).
  • Voters must write “Yes” (or its equivalent) in the blank space to vote for approval of each question, and must write “No” (or its equivalent) to vote for rejection (Official Ballot).
  • The ballot contains QUESTION NO. 1, QUESTION NO. 2, and QUESTION NO. 3, each asking for approval of specific constitutional amendments proposed by the Batasang Pambansa resolutions numbered 2, 3, and 1 respectively (Official Ballot).

Proposed amendments presented to voters

  • QUESTION NO. 1 submits an amendment that, in substance, provides a modified parliamentary system and amends Articles VII, VIII and IX, describing features including:
    • A President as head of state and Chief Executive, elected by direct vote of the people for a term of six years, with control of the Ministries, who formulates guidelines of national policy, nominates the Prime Minister and Deputy Prime Minister for election by the Batasang Pambansa, and may dissolve the Batasang Pambansa and call for an election on a date set by him upon advice of the Prime Minister in writing whenever a vote of confidence on a fundamental issue is needed (QUESTION NO. 1).
    • Dissolution limits: the Batasang Pambansa may not be dissolved within eighteen (18) months preceding a regular election, within eighteen (18) months immediately following such election, during the pendency of impeachment proceedings against the President, or when the Executive Committee or the Speaker (in appropriate cases) exercises Presidential powers or discharges Presidential duties (QUESTION NO. 1).
    • Presidential immunity from suit during tenure, and after tenure, no suit whatsoever lies for official acts done by him or others pursuant to his specific orders during tenure, including application to the incumbent President referred to in Article XVII (QUESTION NO. 1).
    • Legislative power vested in the Batasang Pambansa composed of not more than 200 members unless otherwise provided by law, including regional and sectoral representatives, and members of the Cabinet chosen by the President, with regional and sectoral representatives having a term of six years, regular elections on the second Monday of May, 1984, and every six years thereafter, and rules on electing the Prime Minister, withdrawing confidence, and presidential elections in specified circumstances (QUESTION NO. 1).
    • Prohibition that, in addition to existing disqualifications, Members may not appear as counsel in any criminal case where a government officer or employee is accused of an offense committed in relation to his office (QUESTION NO. 1).
    • An Executive Committee of not more than 14 members designated by the President, at least half from the Batasang Pambansa, headed by the Prime Minister; it assists the President; and it exercises Presidential powers and duties in defined cases (including deaths, failure to qualify, or inability to choose a President before the term starts), with specific procedures when vacancy occurs earlier than eighteen (18) months before term expiration (including the Batasang Pambansa calling a special election within thirty days, to be held not earlier than forty-five days nor later than sixty days) and a rule that the Speaker acts as President in absence of the Executive Committee until a President is elected and qualified (QUESTION NO. 1).
    • A Cabinet headed by the Prime Minister composed of Ministers with or without portfolio appointed by the President, with at least a majority of Cabinet who are heads of ministries coming from the Regional Representatives of the Batasang Pambansa (QUESTION NO. 1).
    • A Prime Minister elected by the Batasang Pambansa upon nomination by the President from among Members, and a Deputy Prime Minister elected similarly, performing functions assigned to him by the Prime Minister (QUESTION NO. 1).
  • QUESTION NO. 2 submits an amendment instituting electoral reforms amending Article XII-B and Article XII-C, including:
    • Except as member of the Executive Committee, no elective official is eligible for appointment to any office or position during his tenure, unless otherwise provided by law (QUESTION NO. 2).
    • Accreditation rule: political parties whose presidential candidates obtained the first and second highest votes in the last preceding presidential election are accredited if each has obtained at least ten percent (10%) of the total votes cast (QUESTION NO. 2).
    • Rights of accredited political parties: representation in registration board, board of election inspectors, board of canvassers, or similar bodies, and other rights or privileges as may be provided by law (QUESTION NO. 2).
    • Prohibition on changing political party affiliation: an elective public officer cannot change during his term of office, and a candidate cannot change within six months immediately preceding or following an election, unless otherwise provided by law (QUESTION NO. 2).
  • QUESTION NO. 3 submits an amendment that allows a natural-born citizen who has lost Philippine citizenship to be a transferee of private land for use as his residence, amending Section 14 of Article XIV (QUESTION NO. 3).

Citizens election committees and returns handling

  • The Citizens Election Committees that functioned in local elections of January 30, 1980 are reappointed to serve in the same polling centers, subject to the Commission on Elections’ power to make new appointments or transfers when needed (Section 4).
  • Each Citizens Election Committee must prepare and sign three copies of the returns on a form prescribed by the Commission on Elections (Section 5).
  • One returns copy must be deposited in the ballot box for valid ballots, and two copies must be delivered to the Municipal Election Registrar, who must immediately deliver the original copy to the Provincial Election Officer and forward the other to the Commission on Elections (Section 5).
  • After completion of canvass, the Provincial or City Board of Canvassers must prepare a certificate of canvass in duplicate (Section 6).
  • The original certificate must be delivered to the Commission on Elections in Manila by the fastest possible means, and one copy must be filed in the Office of the Provincial Election Officer (Section 6).

Commission on Elections canvass and proclamation

  • The Commission on Elections, sitting en banc, must canvass and proclaim the plebiscite result using the certificates submitted to it that are duly authenticated and certified by the Board of Canvassers of each province or city (Section 7).
  • The Commission on Elections must promulgate rules and regulations to carry out the provisions of the act (Section 8).
  • The plebiscite is conducted and supervised by the Commission on Elections, and is governed by the pertinent provisions of the 1978 Election Code and other applicable laws (Section 10).

Funding and appropriations for plebiscite

  • The expenses for the plebiscite must be charged to the appropriations of the Commission on Elections authorized for the purpose in the current annual General Appropriations Act (Section 9).
  • If there is a deficiency, appropriations provided may be augmented from funds currently authorized in the General Appropriations Act under the Special Activities Fund (Section 9).

Implementation authority and governing election law

  • The Commission on Elections exercises the primary authority to implement the plebiscite, including rules for dissemination (Section 2) and the rules governing ballot questions and forms (Section 3).
  • The plebiscite must be supervised and conducted by the Commission on Elections under the rules of the 1978 Election Code and other applicable laws (Section 10).

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.

About Privacy Terms