Title
Special Election Act for President and VP 1986
Law
Batas Pambansa Blg. 883
Decision Date
Dec 3, 1985
Batas Pambansa Blg. 883, enacted in 1985, establishes procedures and regulations for a special election in the Philippines, ensuring a fair and credible electoral process.
A

Election Method and Terms of Office

  • Both positions are to be elected by direct popular vote.
  • The term of office is six years, beginning at noon on the tenth day after proclamation and ending at noon on June 30, six years later.

Candidacy Filing Requirements

  • Candidates for President and Vice-President must file a sworn certificate of candidacy by December 11, 1985.

Nomination of Official Candidates

  • Political parties and coalitions must submit their official candidates’ certificates of nomination to the Commission on Elections (COMELEC) by December 21, 1985.

Election and Campaign Periods

  • The election period is set by COMELEC according to constitutional provisions.
  • Campaign period runs from December 11, 1985, to February 5, 1986.

Voter Registration Procedures

  • Boards of election inspectors in designated polling places will receive voter registration applications on December 21 and 28, 1985.
  • Registration shall be from 7:00 AM to 4:00 PM.
  • Newly registered voters are included in the voters’ list for the polling place where they register.
  • Election registrars must report newly registered voters and comparative data from the 1984 Batasang Pambansa elections to COMELEC within seven working days after registration.
  • COMELEC to publish a summary of this data and provide copies to majority and opposition party representatives.

Closing and Adjusting Voter Lists

  • Boards meet on January 16, 1986, to make inclusions, exclusions, or corrections as ordered by courts.
  • The board must note the date and court of such orders in the voters’ list.
  • Individuals with court orders for inclusion or exclusion must be allowed or denied voting accordingly upon presentation of certified copies.
  • After finalizing, boards prepare and distribute lists of changes to majority and opposition party representatives.

Inclusion and Exclusion Proceedings

  • Candidates and political parties have until January 31, 1986, to file proceedings related to voter list inclusions or exclusions.

Accreditation of Dominant Opposition Party

  • The dominant opposition is defined as the registered political party or coalition nominating candidates for President and Vice-President.
  • If multiple opposition parties nominate candidates, COMELEC requires them to agree on common representatives in various election bodies.
  • Failure to agree leads COMELEC to determine the dominant opposition using guidelines including:
    • National potential as a political party
    • Capacity for a nationwide campaign
    • Political support areas
    • Distinguishing platform and ideology
    • Adherence to electoral constitutional provisions
  • Dominant opposition accreditation must be completed at least 14 working days before first voter registration day.

Proclamation of Election Winners

  • Winners must be proclaimed within fifteen session days following the start of canvassing by the Batasang Pambansa, barring justifiable delays.

Prohibited Arrests and Election Offenses

  • Prohibited arrests/detentions related to the election campaign follow the Omnibus Election Code provisions.
  • Similarly, election-related offenses and penalties are governed by the Omnibus Election Code.

Commission on Elections’ Powers and Duties

  • COMELEC may issue implementing rules and regulations.
  • It must ensure free, honest, orderly, and credible elections.
  • COMELEC retains full authority and obligation to protect political party rights and election integrity.

Applicability of the Omnibus Election Code

  • Aspects of the special election not covered by this Act are governed by the Omnibus Election Code (Batas Pambansa Blg. 881).

Appropriations and Compensation

  • Two hundred million pesos appropriated from the special activities fund for election purposes.
  • Per diems established by the Omnibus Election Code apply for specified election officials and personnel.
  • Election officials are covered by Government Service Insurance System benefits as provided by the Omnibus Election Code.

Separability Clause

  • Invalidity or unconstitutionality of any provision or application does not affect the rest of the Act or its application to other persons or circumstances.

Effectivity

  • The Act is effective upon approval (December 3, 1985).

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