Title
Plebiscite on 1935 Philippine Constitution
Law
Acts No. 4200
Decision Date
Apr 8, 1935
The Ratification of the Constitution of the Philippines established the process for the ratification or rejection of the Constitution through an election, ensuring the publication and availability of the Constitution for voters, and applying the Election Law to the election process.

Applicable election law and voter watchers

  • Section 2 declares that the provisions of the Election Law on holding special elections apply to the plebiscite insofar as not inconsistent with this Act.
  • Section 2 provides that watchers are appointed by political parties, branches or fractions, or political groups that polled votes in the preceding general election in each municipality.
  • Section 2 sets the watchers rate at two watchers for each such party, branch or fraction, or political group in each municipality.
  • Section 2 requires that acts and omissions penalized by the Election Law, when committed during or in connection with this election, are punished by the penalties provided in the Election Law.

Precinct formation and local election staff

  • Section 3 applies to specially organized provinces and requires the provincial boards, under the supervision of the Secretary of the Interior, to provide for the formation of election precincts in every municipality or municipal district.
  • Section 3 requires provincial boards to designate the proper polling places in such provinces.
  • Section 3 directs provincial boards to appoint election inspectors and poll clerks with their respective substitutes.

Registration boards schedule

  • Section 4 requires that existing boards of election inspectors meet for registration of new voters and revision of the list of voters for the purposes of this Act.
  • The meeting days are April 22 and 23, 1935.
  • The daily meeting hours are 8:00 a.m. to 5:00 p.m. in Section 4.

Judicial challenges and final decisions deadline

  • Section 5 requires that all judicial proceedings for the inclusion or exclusion of electors be filed not later than April 30, 1935.
  • Section 5 requires final decision on these proceedings on or before May 9, 1935.
  • Section 5 directs that the board of election inspectors hold its last meeting on May 11, 1935 for the purpose specified in section four hundred and thirty-nine of the Election Law.

Ballot form, questions, and voting marks

  • Section 6 requires ballots to be printed in English and Spanish.
  • Section 6 establishes the ballot header: “OFFICIAL BALLOT” and “BALOTA OFICIAL.”
  • Section 6 requires that the ballot display the Constitution title and the Ordinance appended thereto, including approval and certification details and the link to the Act of Congress of March 24, 1934 known as the Tydings-McDuffie Act (being Act No. 127 of the 73rd Congress of the United States).
  • Section 6 includes the question for voters in both languages:
    • “Do you vote for the ratification of the Constitution of the Philippines, with the Ordinance appended thereto?”
    • “Vota Vd. en favor de la ratification de la Constitucion de Filipinas, con la Ordenanza adscrita a la misma?”
  • Section 6 sets the vote mark instructions:
    • To vote for ratification, voters must write “YES” in the blank space after the question (English), and write “Sí” in the blank space after the Spanish question.
    • To vote for rejection, voters must write “NO” (English) and “NO” (Spanish).

Election returns, forwarding, and postal transmission

  • Section 7 requires boards of inspectors to prepare only four copies of the election returns in their respective polling places on a form prescribed by the Secretary of the Interior.
  • Section 7 requires one copy to be deposited in the ballot box for valid ballots.
  • Section 7 requires three copies be delivered to the proper municipal treasurer.
  • Section 7 requires the municipal treasurer to immediately forward by registered mail:
    • one copy to the Secretary of the Senate,
    • one copy to the Secretary of the House of Representatives,
    • and one copy to the Secretary of the Interior.
  • Section 7 obligates the Bureau of Posts to accept and transmit without delay and free of charge all returns and any official report or telegram connected with the election.

Canvassing, special session, and certification

  • Section 8 requires that within thirty days after the election, the presiding officers of both Houses of the Philippine Legislature request the Governor-General to call the Legislature in special session.
  • Section 8 limits the special session purpose to canvassing the returns and certifying the result to the Governor-General.
  • Section 8 requires the certification to include:
    • a statement of the votes cast, and
    • a copy of the Constitution with the Ordinance appended thereto.

Appropriations, printing/distribution, and compensation

  • Section 9 appropriates PHP 350,000 or so much thereof as may be necessary from any funds in the Insular Treasury not otherwise appropriated.
  • Section 9 makes expenditure subject to the approval of the Secretary of the Interior for expenses connected with holding the election under this Act.
  • Section 9 covers expenses necessary for printing, publication, posting, and free distribution of 500,000 copies of the Constitution with the Ordinance appended thereto in English and Spanish.
  • Section 9 requires distribution in principal local dialects whenever practicable.
  • Section 9 provides compensation: each election inspector and poll clerk receives PHP 2 for each day of actual service rendered.

Effectivity

  • Section 10 provides that this Act takes effect upon approval.
  • The Act was Approved, April 8, 1935.

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