Title
Plebiscite for 1973 Philippine Constitution
Law
Presidential Decree No. 73
Decision Date
Dec 1, 1972
President Ferdinand E. Marcos issues Presidential Decree No. 73, calling for a plebiscite to submit the proposed Constitution of the Philippines to the Filipino people for ratification or rejection, with specific guidelines and procedures outlined for the conduct of the plebiscite.

Publication and Distribution of the Proposed Constitution

  • The Constitution must be published in full in English and Pilipino at least two weeks before the plebiscite.
  • Publication venues include the Official Gazette and at least two national newspapers over three issues.
  • Printed copies must be conspicuously posted in provincial, city, municipal, and municipal district government buildings and polling places.
  • Five copies must be available at each polling place, with versions in principal local dialects when practicable.
  • The Department of Public Information is tasked with comprehensive dissemination to all government entities and civic organizations via mass communication.

Freedom to Discuss the Proposed Constitution

  • Citizens may freely and publicly discuss the new Constitution to promote informed voting.
  • Discussions must be limited strictly to the proposed Constitution and not cause disorder or threaten state security.

Governing Law for the Plebiscite

  • The plebiscite shall be governed by provisions of the Election Code of 1971, except those inconsistent with the Decree.
  • Political parties’ rights and obligations as set by the Election Code will not apply to the plebiscite.

Scheduling and Flexibility of Plebiscite Procedures

  • A Plebiscite Calendar provides deadlines for pre-plebiscite actions.
  • The Commission on Elections (COMELEC) may adjust dates or periods due to insurmountable difficulties to safeguard voters' suffrage rights.
  • COMELEC may also fix deadlines for additional pre-plebiscite activities not covered in the calendar.

Voter Registration

  • Qualified but unregistered voters may register up until the deadline specified in the calendar, including weekends and holidays.
  • Registration occurs at the local city, municipal, or district offices.
  • There is no voter registration before the board of inspectors.
  • Election registration boards will manage registrations; in case of delays or vacancies, the election registrar may appoint substitutes (teachers or registered voters).
  • Judicial decisions on inclusion and exclusion of voters are final and immediately executory.

Preparation and Publication of the Current Voters List

  • Boards of inspectors meet 2 Saturdays before plebiscite day to prepare the current list by transferring names from existing precinct voter books.
  • Precinct voter books are sealed and secured until plebiscite day.
  • The public may inspect the current list as it is posted at polling places and at the election registrar’s office.

Board of Inspectors Composition and Appointment

  • The COMELEC appoints a board of inspectors for each precinct, consisting of a chairman and two members (one as poll clerk), preferably public school teachers with civil service eligibility.
  • If no public school teachers are available, substitutes from private schools, civil service employees, or registered voters may be appointed.
  • In areas of poor peace and order preventing teachers’ service, ROTC cadets aged 21 or older may serve.
  • Members receive compensation according to Election Code rates.
  • Board members who are voters and teachers may vote in their assigned precinct after proper registration transfer.

Watchers at Polling Places

  • COMELEC may designate up to six watchers per polling place, recommended by civic groups, who have no criminal convictions or pending election offense charges.
  • Watchers have the same rights and duties as provided under the Election Code.

Precincts and Polling Places

  • Existing election precincts from prior elections will continue with necessary adjustments made by COMELEC.
  • Maps of precincts shall be posted publicly.
  • Each polling place must have at least three voting booths.

Official Ballots

  • Official ballots are printed in English with instructions to vote "YES" or "NO" for ratification.
  • Ballots must avoid any distinctive marks and may be printed by letterpress or offset.
  • Ballots are bound in books of 100 and distributed at a rate of 1.1 ballots per registered voter.

Plebiscite Returns

  • Boards of inspectors prepare four copies of plebiscite returns per precinct.
  • Copies are distributed: one inside the ballot box, one to election registrar, one to city/municipal treasurer, and the original to COMELEC.

Canvassing by Local Boards of Canvassers

  • Local boards meet on plebiscite day at 6 PM to canvass returns continuously until completion.
  • A certificate of canvass with precinct-level vote statements are prepared in triplicate.
  • Certificates are submitted to COMELEC, Provincial Treasurer, and local treasurer.
  • Members receive fixed compensation; watchers from civic, religious, and educational groups may observe and file protests.

Final Canvassing and Proclamation by COMELEC

  • COMELEC conducts the official canvass within one week post-plebiscite and proclaims results.
  • Missing certificates that do not affect the final result may not delay proclamation.

Procurement of Plebiscite Supplies and Services

  • COMELEC may procure necessary supplies and services through negotiation or sealed quotations if public bidding is impracticable.

Rulemaking Authority

  • COMELEC is empowered to promulgate rules and regulations to implement the Decree’s provisions.

Appropriations

  • A P15 million fund is appropriated from the National Treasury to cover expenses related to the plebiscite.
  • Appropriation covers expenses before and after the Decree’s promulgation until full payment.

Effectivity

  • The Decree is effective immediately upon promulgation on December 1, 1972.

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