1971 Constitutional Convention Election Act

Legal basis and repealed law

Resolution of Both Houses Numbered Two (adopted on March sixteen, nineteen hundred and sixty-seven) authorized the Constitutional Convention.
Resolution of Both Houses Numbered Four (adopted on June seventeen, nineteen hundred and sixty-nine) amended that authorization.
Republic Act No. 6132 repeals Republic Act Numbered 4914 and all other laws, rules, regulations, or parts thereof inconsistent with the Act, for purposes of the election of delegates.

Policy, purpose, and constitutional convention

Republic Act No. 6132 implements the constitutional convention authorization for the election of delegates and the holding of the Constitutional Convention.
Republic Act No. 6132 provides for proportional representation among the delegates through district apportionment.

Convention composition and delegate apportionment

The Constitutional Convention under Republic Act No. 6132 is composed of three hundred and twenty delegates.
Delegates must have the same qualifications as those required of Members of the House of Representatives.
Delegates are apportioned among representative districts and localities as follows (each figure below states the number of delegates allotted):
- ABRA (Lone District): TWO (2)
- AGUSAN DEL NORTE (Including City of Butuan Lone District): TWO (2)
- AGUSAN DEL SUR (Lone District): TWO (2)
- AKLAN (Lone District): TWO (2)
- ALBAY (Including City of Legaspi): First District: TWO (2); Second District: TWO (2); Third District: TWO (2)
- ANTIQUE (Lone District): TWO (2)
- BATAAN (Lone District): TWO (2)
- BATANES (Lone District): TWO (2)
- BATANGAS (Including Cities of Batangas and Lipa): First District: TWO (2); Second District: THREE (3); Third District: THREE (3)
- BENGUET (Including City of Baguio Lone District): TWO (2)
- BOHOL (Including City of Tagbilaran): First District: TWO (2); Second District: TWO (2); Third District: TWO (2)
- BUKIDNON (Lone District): THREE (3)
- BULACAN: First District: THREE (3); Second District: FOUR (4)
- CAGAYAN: First District: THREE (3); Second District: TWO (2)
- CAMARINES NORTE (Lone District): TWO (2)
- CAMARINES SUR (Including Cities of Iriga and Naga): First District: THREE (3); Second District: FIVE (5)
- CAMIGUIN (Lone District): TWO (2)
- CAPIZ (Including City of Roxas): First District: TWO (2); Second District: TWO (2)
- CATANDUANES (Lone District): TWO (2)
- CAVITE (Including Cities of Tagaytay, Trece Martires and Cavite; Lone District): FOUR (4)
- CEBU (Including Cities of Cebu, Danao, Toledo, Lapu-Lapu and Mandaue): First District: TWO (2); Second District: FOUR (4); Third District: TWO (2); Fourth District: TWO (2); Fifth District: TWO (2); Sixth District: TWO (2); Seventh District: TWO (2)
- COTABATO (Including City of Cotabato; Lone District): TEN (10)
- DAVAO DEL NORTE (Lone District): FOUR (4)
- DAVAO DEL SUR (Including City of Davao; Lone District): SIX (6)
- DAVAO ORIENTAL (Lone District): TWO (2)
- EASTERN SAMAR (Lone District): TWO (2)
- IFUGAO (Lone District): TWO (2)
- ILOCOS NORTE (Including City of Laoag): First District: TWO (2); Second District: TWO (2)
- ILOCOS SUR: First District: TWO (2); Second District: TWO (2)
- ILOILO (Including City of Iloilo): First District: TWO (2); Second District: TWO (2); Third District: TWO (2); Fourth District: TWO (2); Fifth District: TWO (2)
- ISABELA (Lone District): FIVE (5)
- KALINGA-APAYAO (Lone District): TWO (2)
- LAGUNA (Including City of San Pablo): First District: FOUR (4); Second District: TWO (2)
- LANAO DEL NORTE (Including City of Iligan; Lone District): THREE (3)
- LANAO DEL SUR (Including City of Marawi; Lone District): SIX (6)
- LA UNION: First District: TWO (2); Second District: TWO (2)
- LEYTE (Including Cities of Ormoc and Tacloban): First District: TWO (2); Second District: TWO (2); Third District: TWO (2); Fourth District: TWO (2)
- MANILA: First District: THREE (3); Second District: TWO (2); Third District: THREE (3); Fourth District: THREE (3)
- MARINDUQUE (Lone District): TWO (2)
- MASBATE (Lone District): FOUR (4)
- MOUNTAIN PROVINCE (Lone District): TWO (2)
- NORTHERN SAMAR (Lone District): TWO (2)
- NUEVA ECIJA (Including Cities of Cabanatuan, Palayan and San Jose): First District: THREE (3); Second District: FOUR (4)
- NUEVA VIZCAYA (Lone District): TWO (2)
- OCCIDENTAL MINDORO (Lone District): TWO (2)
- ORIENTAL MINDORO (Lone District): THREE (3)
- OCCIDENTAL MISAMIS (Including Cities of Ozamis, Oroquieta, and Tangub; Lone District): THREE (3)
- ORIENTAL MISAMIS (Including Cities of Cagayan de Oro and Gingoog; Lone District): FOUR (4)
- OCCIDENTAL NEGROS (Including Cities of Bacolod, Bago, Cadiz, La Carlota, San Carlos and Silay): First District: SIX (6); Second District: THREE (3); Third District: FOUR (4)
- ORIENTAL NEGROS (Including Cities of Bais, Canlaon and Dumaguete): First District: FOUR (4); Second District: TWO (2)
- PALAWAN (Including City of Puerto Princesa; Lone District): TWO (2)
- PAMPANGA (Including City of Angeles): First District: FOUR (4); Second District: THREE (3)
- PANGASINAN (Including Cities of Dagupan and San Carlos): First District: TWO (2); Second District: TWO (2); Third District: TWO (2); Fourth District: TWO (2); Fifth District: TWO (2)
- QUEZON (Including City of Lucena): First District: FOUR (4); Second District: FOUR (4)
- RIZAL (Including Cities of Quezon, Pasay and Caloocan): First District: EIGHTEEN (18); Second District: FIVE (5)
- ROMBLON (Lone District): TWO (2)
- SAMAR (Including City of Calbayog; Lone District): FOUR (4)
- SORSOGON: First District: TWO (2); Second District: TWO (2)
- SOUTHERN COTABATO (Including City of General Santos; Lone District): FOUR (4)
- SOUTHERN LEYTE (Lone District): TWO (2)
- SULU (Lone District): THREE (3)
- SURIGAO DEL NORTE (Lone District): TWO (2)
- SURIGAO DEL SUR (Lone District): TWO (2)
- TARLAC: First District: TWO (2); Second District: TWO (2)
- ZAMBALES (Including City of Olongapo; Lone District): THREE (3)
- ZAMBOANGA DEL NORTE (Including Cities of Dipolog and Dapitan; Lone District): THREE (3)
- ZAMBOANGA DEL SUR (Including Cities of Basilan, Pagadian and Zamboanga; Lone District): NINE (9)

Delegate election date and delegate qualifications

Delegate elections are held on the second Tuesday in November, nineteen hundred and seventy.
Delegates must have the same qualifications as Members of the House of Representatives.
Any public office or position holder, whether elective or appointive, including armed forces members and officers/employees of government-owned and/or controlled corporations or enterprises, shall be considered resigned upon filing a certificate of candidacy.
A government official who resigns to run for delegate and who does not yet qualify for retirement under existing laws may, if elected, add to government service the period from filing the certificate of candidacy until the final adjournment of the Constitutional Convention.
A person elected as delegate shall not be qualified to run for any public office in any election or to assume any appointive office or position in any branch of the Government until after the final adjournment of the Constitutional Convention.

Election rules, registrations, and procedures

The election of delegates is governed by the Revised Election Code, as amended, and Republic Act Numbered Thirty-five hundred eighty-eight, as amended, except as otherwise provided.
Candidates must file certificates of candidacy with the Commission on Elections with clearly legible copies equal to four times the number of polling places in the respective districts at least sixty days before election day in the manner provided by the Revised Election Code.
The Commission on Elections must immediately send copies of filed certificates of candidacy to all polling places of the district.
Certificates of candidacy must state: (1) candidacy as delegate for the district, (2) same qualifications as House of Representatives members, (3) full name including maternal surname, (4) civil status and spouse’s full name if married, (5) age with date and place of birth, and (6) post office address for all election purposes.
Certificates of candidacy must also state gross income; expenses, deductions, and exemptions; and proof that income taxes were paid as assessed for the last two years immediately preceding the election, including receipt numbers and payment places—unless the candidate is exempt from income taxes or tax obligations are pending final determination, in which case the certificate must state that circumstance.
Certificates of candidacy must contain a waiver of the privilege from public disclosure of income tax returns and tax census statements for the two-year period, effective only during the period of candidacy, except for financial statements attached to the returns.
Failure to state the required income, tax, and waiver information invalidates the certificate of candidacy.
Candidates may include a concise statement not exceeding one hundred words of principal constitutional reforms, programs, or policies they propose to advocate; a copy must be posted conspicuously in each polling place in the district.
A nomination by five or more qualified registered voters acting individually in a representative district may be filed with the Commission on Elections at least seventy days before the election, with a copy furnished to the person concerned; the candidate must indicate acceptance by complying with the certificate requirements.
The Commission on Elections must prepare a standard form of certificate of candidacy and adopt measures to facilitate filing.
The campaign-period limitation under Section 50-B of the Revised Election Code, as amended by Republic Act Numbered 4880, does not apply to the election of delegates.
Within thirty days after approval, the Commission on Elections appoints as additional members of each Election Registration Board created under Section five of Republic Act Numbered Three thousand five hundred eighty-eight, as amended, two public school teachers who are registered voters of the municipality, with powers and compensation of other board members representing political parties.
Appointed teachers must not be related to each other, to any board member, or to any candidate in the district within the fourth civil degree of consanguinity or affinity, and they hold office until relieved by the Commission on Elections for cause or until the day following the election, whichever is earlier.
If one or both teachers are relieved for cause, replacements must be qualified teachers or a private school teacher/employee in the civil service who is a registered voter of the municipality and not disqualified by relationship as stated above.
Evidence on registration applications is scheduled only during meetings of the Election Registration Board and is conducted by the Board.
It is unlawful for any person knowing of disqualifying relationship to a candidate or Board member within the fourth civil degree to fail to notify the Commission on Elections, assume Board office, and perform duties.
Ninety days before the election, the Commission on Elections fixes election precinct limits and designates each polling place location pursuant to Section Sixty-three of the Revised Election Code.
Polling places are located along a public road whenever possible.
Polling place designations cannot be changed except upon written petition of the majority of voters in the precinct, or if the polling place is destroyed or cannot be used.
Each precinct cannot have more than three hundred voters.
The Commission on Elections may divide a precinct not later than one week after the last registration day to facilitate voting, and polling places of created precincts must be in the same building or compound as the original precinct polling place if feasible, or as close as possible if not.
A new precinct polling place may be located elsewhere only upon written petition of the majority of voters of the new precinct.
When precincts are divided, registered voters are included in the precinct where they reside.
Precinct alterations must be published by posting notices of the change in the polling place and in the municipal building or city hall.
At least sixty days before election, the Commission on Elections appoints for each election precinct a Board of Election Inspectors composed of a Chairman and two members, one as poll clerk, who must be public school teachers (with precedence for civil service eligibles) and registered voters of the district.
In cases of non-availability of public school teachers, the Commission may appoint private school teachers or any officer or employee in the civil service who is a registered voter of the municipality to fill vacancies.
Board members uniformly receive PHP 45 per diem on election day and for every day of work before the election.
Inspectors must have qualifications and none of the disqualifications under Section eighty-one of the Revised Election Code, and no election inspector may be related to Board members or candidates within the fourth civil degree of consanguinity or affinity.
It is unlawful for a person knowing of disqualifying relationship within the fourth civil degree to fail to notify the Commission on Elections, assume inspector office, and perform duties.
Canvassing and proclamation of delegates are undertaken by the Provincial Board of Canvassers for each province, composed of specified senior government officials, and by a separate City of Manila Board of Canvassers with specified officials including an Elections Commission representative at least a decision chief level as Chairman.
The Chairman and members of canvassing boards cannot be related to candidates within the fourth civil degree in their jurisdictions.
Boards of Canvassers must meet “as soon as possible” within fifteen days after election.
The Provincial Treasurer (or City Treasurer in Manila) must produce before the Board statements of election returns from precincts delivered to him.
Within fifteen days next following the date of election, the Board canvasses all votes cast in each district and makes separate statements of votes received by each candidate for delegate for each district.
Upon completion, the Board proclaims elected as delegates to the Constitutional Convention the candidates with the highest number of votes corresponding to the delegates allotted to the district.
When returns are contradictory or differ in ways affecting election results, the Court of First Instance determines summarily the authenticity of the returns and directs use of whichever are found authentic; if doubt or authentic discrepancy exists without visible signs of tampering or ballot box integrity violation, the Court may order a recount solely to determine the true result.
If extraneous matters or visible signs of replacement or tampering are found, the Court cannot recount; it must close and seal the ballot box and deliver it to the Commission on Elections for safekeeping.
If the true result cannot be determined, the Court orders that no votes be counted from the precinct.
Election returns may be corrected when all members of the Board of Election Inspectors certify unanimous error or omission upon unanimous motion of the Board or affected candidate with proof of notice to all candidates in the district; the Court of First Instance verifies the error or omission and then corrects the return.
Decisions in pre-proclamation controversies are not appealable, must be enforced five working days after receipt by the Board, and do not bind any election protest filed after proclamation of the winning candidate.
Voter registration continues under Republic Act Numbered Three thousand five hundred eighty-eight, as amended by Republic Act Numbered Four thousand seven hundred and thirty, and special election periods apply for this election.
Thirty days before election day, the Election Registration Board posts precinct lists of voters and continues posting supplementary lists as necessary to complete each precinct’s voter list.
Not later than nine days before election day, Election Registrars must inform each registered voter by special delivery or other expeditious means of the voter’s precinct number and exact polling place location.

Prohibited election acts and government restrictions

Candidates and political organizations may not portray or allow a delegate candidate to be represented as a candidate of any political party or organization, and political parties and organizations may not intervene in nomination or filing of certificates of candidacy or give aid or support directly or indirectly materially or otherwise favorable or against the candidate’s campaign.
The restriction does not apply to the family of a candidate within the fourth civil degree of consanguinity or affinity or to the candidate’s personal campaign staff, limited to one per every ten precincts in the district.
No permit to hold a public meeting is denied on the ground that the meeting may violate the organizational intervention and aid/support rule.
Nothing in the prohibitions impairs freedom of civic, political, religious, professional, trade, or other organized groups to disseminate information about, arouse public interest in, and advocate constitutional reforms, programs, policies, or amendments, and no prohibition limits or curtails members’ individual rights to support or oppose candidates.
Heads of executive departments, bureaus, offices, officials nominated or appointed by the President, and heads/appointing officers of government-owned or controlled corporations must not intervene in nomination or filing of certificate of candidacy, nor provide aid or support directly or indirectly favorably or against a candidate.
Public officers, appointing bodies, employers, officers of businesses, private persons/corporations/associations, and religious leaders/heads and organizations must not coerce subordinates, employees, tenants, members, affiliates, parishioners, or followers to aid, campaign, vote for, or vote against any delegate candidate.
Coercion includes: (1) punishing or threatening to punish with dismissal, expulsion, ejectment, excommunication, transfer, or reduction in wage/salary/compensation; (2) preventing or unduly interfering with work performance or freedom of worship; and (3) other forms of penalties or reprisal.
Without prior written authority of the Commission after due notice and hearing, it is unlawful for heads or appointing officers of government offices/agencies/instrumentalities (including government-owned and controlled corporations and enterprises) to appoint or hire new employees (provisional, temporary, or casual) or create and fill new positions within forty-five days before the election.
The Commission must not grant authority unless it is satisfied that the position is essential to proper functioning and that the position will not be filled in a way that may influence the election for delegate.
A new employee may be appointed in urgent need only if notice of the appointment is given to the Commission and to all candidates within the district within three days from appointment.
Any appointment or hiring violating this rule is null and void.
Within forty-five days before election, government officials must not release, disburse, or expend funds for: (a) all kinds of public works unless Commission authority is first obtained, only after notice and hearing, and only for necessary maintenance or repairs of existing projects; (b) the Department of Social Welfare or similar functions in other departments (except salaries of personnel) and other routine/normal expenses; and (c) the Presidential Arm on Calamity Development or similar functions (except salaries and necessary administrative expenses previously authorized by the Commission after notice and hearing).
In case of calamity or disaster, releases normally coursed through these departments and offices must be turned over and administered and disbursed by the Philippine National Red Cross, subject to supervision by the Auditor General or representative; no candidate or spouse may be present during distribution of relief or other goods to victims.
During the forty-five days before election: any person may not (a) reference releases of public works or barrio development funds, (b) undertake construction of public works with materials/equipment procured before the forty-five day period, or (c) make deliveries of materials for public works purchased before the prohibited period, for the purpose of influencing voters.
During the forty-five days before election: it is unlawful for any government official to give or promise increases in salary/remuneration/privileges to government officials or employees, including those in government-owned or controlled corporations.
During the forty-five days before election: it is unlawful for any government-owned or controlled corporation to give or cause the giving of and/or contribute or cause contributions of any sums of money for any charitable, religious, or social cause whatsoever.
During the period beginning thirty days before election and ending thirty days thereafter, members of the Armed Forces and all para-military units may not swear uniforms or bear arms outside the clamp, garrison, barracks to which assigned/detailed (or outside homes for home defense forces and barrio self-defense units), unless (1) the President provides prior authority or (2) the Commission on Elections authorizes it only when necessary to assist in maintaining free, honest and orderly elections and only after notice and hearing.
Authorized armed forces personnel who bear arms or wear uniforms outside camps, and police/peace officers must bear true name, rank, and serial number stitched on uniform on the left breast in black letters on a white background, in letters/numbers at least two centimeters tall.
Nothing in this section impairs the President’s power as Commander-in-Chief.
During the prohibited period, members of security or police organizations may not wear uniforms/use insignias/decorations/regalia or bear arms except within the immediate vicinity of their department/agency/corporation/office.

Special arrest rules and prison-custodian liability

During the prohibited period, a person who publicly bears arms in violation of Section 878 and 2692 of the Revised Administrative Code, as amended by Commonwealth Act No. 56, or who publicly makes use of uniforms/insignias in violation of Article 179 of the Revised Penal Code or Section three of Republic Act No. 75 may be arrested at the time of commission by not only a peace officer but also by a private person.
A private or public act that constitutes: (a) publicly carrying a firearm and actually threatening voters to vote for or against any candidate or not to vote at all; or (b) preventing the Chairman or member of the Election Registration Board, Board of Inspectors, or Board of Canvassers, or a duly appointed watcher, from freely performing duties through force, violence, coercion, threats, and intimidation constitutes a serious election offense and allows arrest as provided under the immediately preceding arrest rule.
Persons making lawful arrests must, without unnecessary delay and within the time prescribed in Article 125 of the Revised Penal Code, as amended, take the arrested person to the proper court or judge.
The Director of the Bureau of Prisons, Provincial Warden, jail keeper, and persons required by law to keep prisoners in custody must suffer prision mayor in its maximum period if convicted for illegally ordering or allowing a prisoner detained in national penitentiary or provincial/city/municipal jail to leave premises sixty (60) days before and thirty (30) days after election to terrorize or intimidate a voter, election board member, or watcher.
If the illegally released prisoner commits intimidation, terrorism, or interference, the penalty is life imprisonment.

Vacancy in delegate seat

When a vacancy occurs in the position of Delegate, the Commission on Elections—upon due certification of vacancy and recommendation by the Convention—must immediately call a special election held within thirty days from the date of the call.
If the vacancy occurs before the start of the convention, the Commission on Elections must verify the vacancy and then call and hold the special election in the same manner.

Election spending and propaganda regulations

The Commission on Elections must construct at least one “Comelec billboard” as centrally as possible in every city, municipality, municipal district, and barrio of sufficient population density.
Comelec billboards must be sufficiently sized and permanent to allow each candidate in the district adequate space for announcing candidacy and a brief statement of