Title
Supreme Court
Law on ratification of 1946 Constitution amendment
Law
Republic Act No. 73
Decision Date
Oct 21, 1946
Republic Act No. 73 proposes an amendment to the Constitution of the Philippines and outlines the necessary procedures and provisions for a general election, including the publication of the amendment, appointment of election officials, eligibility of voters, printing of ballots, preparation and submission of election returns, and appropriation of funds for election expenses.

Law Summary

Publication and Accessibility of the Amendment

  • The constitutional amendment must be published in both English and Spanish in three consecutive issues of the Official Gazette at least 20 days before the election.
  • Printed copies must be conspicuously posted in municipal, city, and provincial government buildings and polling places by February 11, 1947, remaining posted until after the election.
  • Each polling place shall have at least 10 copies of the amendment for voter examination during election day.
  • When feasible, copies in principal native languages, as determined by the Commission on Elections, shall also be available in each polling place.

Applicability of Election Laws

  • The provisions of Commonwealth Act No. 357 (Election Code) and Commonwealth Act No. 657 (Reorganization of the Commission on Elections) apply to the election, except where inconsistent with this Act.

Appointment and Duties of Election Inspectors and Poll Clerks

  • By February 1, 1947, the Commission on Elections shall appoint election boards composed of:
    • Two inspectors (including the chairman) and their substitutes recommended by the Liberal Nationalist Party.
    • One inspector and substitute recommended by the Nationalist Party or allied parties.
    • A poll clerk and substitute appointed directly by the Commission on Elections.
  • Boards will conduct voter list revisions and registrations on February 15, 1947.
  • Inspectors and clerks receive specific remuneration for these duties.
  • Two watchers per polling place may be appointed by recognized political parties.
  • Judicial proceedings regarding voter inclusion or exclusion must be filed by February 21, 1947, and resolved by March 4, 1947.
  • Final voter list revisions occur on election day.

Ballot Specifications and Voting Procedure

  • Ballots will be printed in English and Spanish in a form prescribed by the Commission on Elections.
  • The back of the ballot includes the full text of the Congressional resolution proposing the amendment.
  • The ballot question asks voters if they approve the amendment, presented bilingually.
  • Voters indicate approval by writing "Yes" and rejection by writing "No" on the ballot.

Election Returns and Canvassing

  • Election boards must prepare and sign four copies of election returns at each polling place.
  • One copy is deposited in the ballot box; three copies are submitted to municipal treasurers.
  • Municipal treasurers forward returns by registered mail to the Commission on Elections, Secretary of the Senate, and Secretary of the House of Representatives.
  • Within 30 days post-election, Congress holds a joint session to canvass returns and certify the election result.

Appropriation of Funds

  • One million pesos, or as much necessary, is appropriated from the National Treasury for election expenses.
  • Funds cover printing, publication, posting, and free distribution of the amendment copies in English, Spanish, and principal native languages where practicable.

Effectivity

  • The Act takes effect immediately upon approval.

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