Title
Special Election Act for House Vacancies
Law
Republic Act No. 91
Decision Date
Mar 4, 1947
Republic Act No. 91 establishes the procedures for a special election to fill vacancies in the House of Representatives in specific districts, including the filing of certificates of candidacy, voting eligibility, ballot preparation, and the proclamation of elected candidates.

Election date and districts

  • Section 1 fixes March 11, 1947 as the day of the special election.
  • The election applies to only the listed legislative districts: the 1st district of Iloilo, the 5th district of Pangasinan, and the only district of Bukidnon.
  • The election is for the purpose of filling existing vacancies in the House of Representatives for the unexpired term.

Candidate filings and communications

  • Section 2 requires certificates of candidacy to be filed at the Commission on Elections in quadruplicate.
  • Section 2 requires filing at least twenty (20) days immediately prior to the day of the election.
  • Section 2 requires each certificate of candidacy to be subscribed and sworn to by the candidates themselves.
  • Section 2 mandates that the Commission on Elections immediately send copies of the filed certificates to the Secretary of the House of Representatives and to the provincial treasurers of the provinces where the special elections are held.
  • Section 2 requires provincial treasurers to immediately send copies to the boards of election inspectors concerned.
  • Section 2 requires the Commission on Elections, upon receipt of the certificates, to communicate the names of the candidates by telegram or radiogram to the provincial treasurer, who must transmit them immediately to the boards of election inspectors of the legislative district where the election is held.

Rules for filing by mail

  • Section 2 provides that if a certificate of candidacy is sent by mail, it must be sent by registered mail.
  • Section 2 states that the filing date is the date the envelope containing the certificate was deposited in the post office.
  • Section 2 provides a fallback when the post office where the envelope was deposited does not have registered mail facilities: the postmaster must accept the envelope as ordinary mail, indicate the date deposited on the envelope, and additionally swear to a statement that the postmaster received the envelope on the same date, which date is treated as the filing date.
  • Section 2 states that if there is an absence of a postmaster, the duties assigned to the postmaster are performed by the municipal treasurer.

Resignation effect of candidacy

  • Section 2 establishes that a person occupying any civil office by appointment in the Government (or in any of its political subdivisions or agencies) or in government-owned or controlled corporations is considered to have resigned from such office.
  • The resignation is considered effective from the moment of the filing of the certificate of candidacy.
  • Section 2 applies whether the office is appointive or elective.

Election administration and polling places

  • Section 3 provides that in the special election, the boards of election inspectors (including the poll clerks appointed under Section 4 of Republic Act No. 73) shall also serve as the boards of election inspectors.
  • Section 3 requires that the polling places and voting booths used in the election provided in Act No. 73 shall also be used for the special election.

Who may vote and voter list

  • Section 4 provides that only qualified electors may vote in the special election.
  • Section 4 limits voting to electors whose names appear in the permanent registry list of voters prepared for the election provided in Republic Act No. 73.
  • Section 4 requires using the same registry lists of voters for the special election and for the election provided in Republic Act No. 73.
  • Section 4 assigns to the Commission on Elections the task of determining the procedure for using the same registry list in the two elections.
  • Section 4 prohibits any person from voting unless the person’s name appears in the registry list of voters as finally completed and revised by the boards of election inspectors.

Ballots and ballot sizing

  • Section 5 provides that the ballots for the special election must be prepared in accordance with Article Eight of the Election Code.
  • Section 5 allows the Commission on Elections to determine the size of the ballots.

Canvassing, proclamation, and tie rule

  • Section 6 requires that the provincial board of canvassers be composed of the provincial treasurer, provincial auditor, and provincial fiscal.
  • Section 6 mandates the board to meet as soon as possible but not later than fifteen (15) days following the day of the election to canvass votes in the legislative district.
  • Section 6 requires the board, upon completion of canvassing, to prepare a statement of all the votes received by each candidate for Member of the House of Representatives for the district.
  • Section 6 requires the board to proclaim elected the candidate who received the largest number of votes in the legislative district.
  • Section 6 directs that if two or more candidates receive the same largest number of votes, the board must proceed according to Section 160 of the Election Code.

Result statements, sealing, and filing

  • Section 6 requires the board’s statement of results to be signed by the members of the provincial board of canvassers and sealed with the seal of the provincial government.
  • Section 6 requires the provincial treasurer to file a copy of the statement in his office.
  • Section 6 requires the provincial treasurer to send immediately by registered mail copies to the Commission on Elections, the Secretary of the House of Representatives, and the candidate who received the largest number of votes in the legislative district.

Term of office for proclaimed winners

  • Section 7 provides that the terms of office of proclaimed elected House members begin on the day of their election.
  • Section 7 provides that their terms run only for the unexpired portion of their predecessors’ terms.

Election expenses appropriation

  • Section 8 appropriates from funds in the Philippine Treasury not otherwise appropriated the sum of ten thousand pesos, or so much as necessary to defray expenses for the election.
  • Section 8 provides that any amount needed to hold the election beyond the ten thousand pesos appropriation shall be advanced from funds in the National Treasury not otherwise appropriated.

Effectivity and coverage limits

  • Section 9 states that Republic Act No. 91 takes effect upon approval.
  • Section 9 provides that it governs only the special election provided for herein.
  • The act was approved March 4, 1947.

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