Article 42p. 42

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

The

Commission

on

Elections

shall accredit the

dominant opposition party not later than thirty days

before the campaign period in every election.

In case a presidential election is held before the next

local elections or before the presidential election in 1987,

the provisions of the Constitution shall be enforced in

determining which shall be the dominant opposition

party for purposes of the next local elections.

Section 275. Party representatives in the board of

election

inspectors.

—

Until such time as the two

accredited political parties are determined in accordance

with the provisions of the Constitution, the two members

shall each be proposed by the ruling party and the

dominant opposition party as may be determined by the

Commission pursuant to the provisions of this Code.

Section

276.

Appropriations,

and

insurance

for

board of election inspectors. — The cost of holding the

next local elections provided in this Code shall be funded

out of the current appropriations of the Commission on

Elections provided for this purpose. In case of deficiency,

additional funding may be provided out of the special

activities

fund

intended

for special priority activities

authorized in the General Appropriations Act.

The chairman and the poll clerk of the board of

election inspectors shall receive per diem at the rate of

one hundred pesos on election day and fifty pesos on

each of the registration and revision days. The inspectors

of the political parties shall be granted a per diem of fifty

pesos on election day and twenty-five pesos on each of

the registration and revision days. Education support

personnel of the Ministry of Education, Culture and

Sports shall receive a per diem of twenty-five pesos

during election day.

Supervisors, principals and other administrators of

the Ministry of Education, Culture and Sports who may be

asked

by

the

Commission,

and

actually

report,

for

supervisory assignment during registration and election

day shall be entitled to a per diem of fifty pesos.

The provincial, city and municipal treasurers shall

receive per diem at the rate of one hundred pesos on

election day.

Payments of per diems under this section shall be

made within seventy-two hours after the election or

registration day.

The chairman, poll clerk and party representatives in

the board of election inspectors shall be insured with the

government Service Insurance System at fifty thousand

pesos each under terms and conditions that shall be

agreed upon by the Chairman of the Commission, the

Ministries of the Budget, and the Minister of Education,

Culture and Sports.

Section 277. Special election for President before

1987. — In case a vacancy in the Office of the President

occurs

before

the

presidential

election

in

1987, the

Speaker of the Batasang Pambansa shall act as President

until a President and a Vice-President or either of them

shall have been elected and shall have qualified. Their

term of office shall commence at noon of the tenth day

following their proclamation, and shall end at noon on

the thirtieth day of June of the sixth year thereafter.

The Acting President may not declare martial law or

suspend the privilege of the writ of habeas corpus

without the prior consent of at least a majority of all the

Members of the Batasang Pambansa, or issue any decree,

order or letter of instructions while the lawmaking power

of

the

President

is

in

force.

He

shall

be

deemed

automatically on leave and the Speaker Pro-Tempore

shall act as Speaker. While acting as President, the

Speaker may not be removed. He shall not be eligible for

election

in

the

immediately succeeding election for

President and Vice-President.

The Batasang Pambansa shall, at ten o'clock in the

morning of the third day after the vacancy occurs,

convene in accordance with its rules without need of a

call and within seven days enact a law calling for a special

election to elect a President and a Vice-president to be

held not earlier than forty-five days nor later than sixty

days from the time of such call. The bill calling such

special

election

shall

be

deemed

certified

under

paragraph (2), Section 19, Article VIII of the Constitution

and shall become law upon its approval on third reading

by

the

Batasang

Pambansa.

Appropriations

for

the

special election shall be charged against any current

appropriations

and

shall

be

exempt

from

the

requirements of paragraph (4), Section 16 of Article VIII of

the Constitution. As provided in the third paragraph,

Section 9 of Article VII thereof, the convening of the

Batasang

Pambansa

cannot

be

suspended

nor the

special election postponed. No special election shall be

called if the vacancy occurs within seventy days before

the date of the presidential election of 1987.

Appointments extended by the Acting President shall

remain effective, unless revoked by the newly elected

President within ninety days from his assumption of

office.

Section

278.

Special

election

to

fill

existing

vacancies in the Batasang Pambansa. — The election of

Members

to

fill

existing

vacancies

in the Batasang

Pambansa shall be held simultaneously with the next

local election in 1986 or in the next special national

election for President and Vice-President if one is held

earlier.

Section

279.

Elective

officials

in

existing

sub-provinces. — The election of elective public officials

in

existing

sub-provinces

shall

likewise

be

held

simultaneously with the next local elections of 1986 and

1990 in accordance with their respective charters, subject

to the same term, qualifications, manner of election and

resolution of election controversies as are herein provided

for comparable provincial elective officials.

ARTICLE XXV FINAL PROVISIONS

Section 280. Reorganization of the Commission on

Elections. — In order to promote maximum efficiency in

carrying out its constitutional duty to insure free, orderly

and

honest elections and in discharging its judicial

powers

and

functions

under

the

Constitution,

the

Commission is hereby authorized to reorganize its office

within twelve months after the first election to be held

under

this

Code.

It

may

create,

merge,

or

abolish

departments,

offices,

divisions

or

units,

redistribute

functions and reassign personnel, change designations of

existing positions subject to pertinent existing laws and

regulations. It may recommend the levels and rates of

salaries of its subordinate officials and employees subject

to

the

laws

and

regulations

on

civil

service

and

compensation, position classification and standardization

of

salaries:

Provided,

That

no

permanent

official or

employee already in the service of the Commission, upon

approval of this Code, shall be laid off, or demoted in rank

or salary.

Section 281. Separability clause. — If for any reason

any section or provision of this Code, or any portion

thereof, or the application of such section, provision or

portion to any person, group or circumstance is declared

invalid or unconstitutional, the remainder of this Code or

the application of such section, provision or portion

thereof to other persons, groups or circumstances shall

not be affected by such declaration.

Section

282.

Repealing

clause.

—

Presidential

Decree No. 1296, otherwise known as The 1978 Election

Code, as amended, is hereby repealed. All other election

laws, decrees, executive orders, rules and regulations, or

parts thereof, inconsistent with the provisions of this

Code are hereby repealed, except Presidential Decree No.

1618 and Batas Pambansa Blg. 20 governing the election

of

the

members

of

the

Sangguniang

Pampook

of

Regions IX and XII.

Section 283. Effectivity. — This Code shall take effect

upon its approval.

© Compiled by RGL

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