Article 47p. 47

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

Proof that at least one voter in different precincts

representing at least twenty percent (20%) of the total

precincts in any municipality, city or province has been

offered, promised or given money, valuable consideration

or other expenditure by a candidate's relatives, leaders

and/or sympathizers for the purpose of promoting the

election of such candidate, shall constitute a disputable

presumption of a conspiracy under paragraph (b) of

Section 261 of Batas Pambansa Blg. 881.

Where such proof affect at least twenty percent (20%)

of the precincts of the municipality, city or province to

which the public office aspired by the favored candidate

relates,

the

same

shall

constitute

a

disputable

presumption of the involvement of such candidate and of

his

principal

campaign

managers

in

each

of

the

municipalities concerned, in the conspiracy.

The giver, offerer, and promisor as well as the solicitor,

acceptor,

recipient

and

conspirator

referred

to

in

paragraphs (a) and (b) of Section 261 of Batas Pambansa

Blg. 881 shall be liable as principals: Provided, That any

persons, otherwise guilty under said paragraphs who

voluntarily gives information and willingly testifies on any

violation

thereof

in

any

official

investigation

or

proceeding

shall

be

exempt

from

prosecution

and

punishment for the offenses with reference to which his

information and testimony were given: Provided, further,

That nothing herein shall exempt such person from

criminal prosecution for perjury or false testimony.

Section 29. Designation of Other Dates for certain

Pre-election Acts. — If it should no longer be reasonably

possible to observe the periods and dates prescribed by

law for certain pre-election acts, the Commission shall fix

other

periods

and

dates

in

order

to

ensure

accomplishment of the activities so voters shall not be

deprived of their right of suffrage.

Section 30. Effectivity of Regulations and Orders of

the

Commission.

—

The

rules

and

regulations

promulgated by the Commission shall take effect on the

seventh day after their publication in the Official Gazette

or

in

at

least

two

(2)

daily newspapers of general

circulation in the Philippines.

Orders and directives issued by the Commission shall

be furnished by personal delivery to all parties concerned

within forty-eight (48) hours from date of issuance and

shall take effect immediately upon receipt thereof unless

a later date is expressly specified in such orders or

directives.

Section 31. Repealing Clause. — All laws, executive

orders,

rules

and

regulations,

or

any

part

thereof

inconsistent herewith are deemed repealed or modified

accordingly.

Section 32. Separability Clause. — If for any reason,

any section or provision of this act or any part thereof, or

the application if such section, provision or portion is

declared

invalid

or

unconstitutional,

the

remainder

thereof shall not be affected by such declaration.

Section 33. Effectivity. — This Act shall take effect

upon its approval.

Approved: January 5, 1988

RA No 6735 | The Initiative and

Referendum Act

Republic Act No. 6735 August 4, 1989

AN ACT PROVIDING FOR A SYSTEM OF INITIATIVE AND

REFERENDUM AND APPROPRIATING FUNDS THEREFOR

Be

it

enacted

by

the

Senate

and

House

of

Representatives

of

the

Philippines

in

Congress

assembled: :

I. — General Provisions

Section 1. Title . — This Act shall be known as "The

Initiative and Referendum Act."

Section 2. Statement of Policy . — The power of the

people under a system of initiative and referendum to

directly propose, enact, approve or reject, in whole or in

part, the Constitution, laws, ordinances, or resolutions

passed by any legislative body upon compliance with the

requirements of this Act is hereby affirmed, recognized

and guaranteed.

Section 3. Definition of Terms . — For purposes of this

Act, the following terms shall mean:

(a) "Initiative" is the power of the people to propose

amendments to the Constitution or to propose and enact

legislations through an election called for the purpose.

There are three (3) systems of initiative, namely:

a.1 Initiative on the Constitution which refers to a

petition proposing amendments to the Constitution;

a.2. Initiative on statutes which refers to a petition

proposing to enact a national legislation; and

a.3. Initiative on local legislation which refers to a

petition proposing to enact a regional, provincial, city,

municipal, or barangay law, resolution or ordinance.

(b) "Indirect initiative" is exercise of initiative by the

people through a proposition sent to Congress or the

local legislative body for action.

(c) "Referendum" is the power of the electorate to

approve or reject a legislation through an election called

for the purpose. It may be of two classes, namely:

c.1. Referendum on statutes which refers to a petition

to approve or reject an act or law, or part thereof, passed

by Congress; and

c.2.

Referendum on local law which refers to a

petition to approve or reject a law, resolution or ordinance

enacted

by

regional assemblies and local legislative

bodies.

(d) "Proposition" is the measure proposed by the

voters.

(e) "Plebiscite" is the electoral process by which an

initiative on the Constitution is approved or rejected by

the people.

(f) "Petition" is the written instrument containing the

proposition and the required number of signatories. It

shall be in a form to be determined by and submitted to

the Commission on Elections, hereinafter referred to as

the Commission.

(g) "Local government units" refers to provinces, cities,

municipalities and barangays.

(h)

"Local

legislative

bodies"

refers

to

the

Sangguniang Panlalawigan, Sangguniang Panlungsod,

Sangguniang Bayan, and Sangguniang Nayon.

(i)

"Local

executives"

refers

to

the

Provincial

Governors,

City

or

Municipal

Mayors

and

Punong

Barangay, as the case may be.

Section 4. Who may exercise . — The power of

initiative

and

referendum

may

be

exercised

by

all

registered voters of the country, autonomous regions,

provinces, cities, municipalities and barangays.

Section 5. Requirements . — (a) To exercise the power

of initiative or referendum, at least ten per centum (10%)

of the total number of the registered voters, of which

every legislative district is represented by at least three

per centum (3%) of the registered voters thereof, shall

sign a petition for the purpose and register the same with

the Commission.

(b) A petition for an initiative on the 1987 Constitution

must have at least twelve per centum (12%) of the total

number of registered voters as signatories, of which every

legislative district must be represented by at least three

© Compiled by RGL

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