Article 49p. 49

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

(f) The petition shall be signed before the Election

Registrar,

or

his

designated

representative,

in

the

presence of a representative of the proponent, and a

representative

of

the

regional

assemblies

and

local

legislative bodies concerned in a public place in the

autonomous region or local government unit, as the case

may be. Signature stations may be established in as many

places as may be warranted.

(g) Upon the lapse of the period herein provided, the

Commission on Elections, through its office in the local

government unit concerned shall certify as to whether or

not

the

required

number

of

signatures

has

been

obtained. Failure to obtain the required number is a

defeat of the proposition.

(h)

If

the required number of the signatures is

obtained, the Commission shall then set a date for the

initiative at which the proposition shall be submitted to

the

registered

voters

in

the

local

government

unit

concerned for their approval within ninety (90) days from

the date of certification by the Commission, as provided

in subsection (g) hereof, in case of autonomous regions,

sixty (60) days in case of the provinces and cities, forty-five

(45) days in case of municipalities, and thirty (30) days in

case of barangays. The initiative shall then be held on the

date set, after which the results thereof shall be certified

and proclaimed by the Commission on Elections.

Section 14. Effectivity of Local Propositions . — If the

proposition is approved by a majority of the votes cast, it

shall take effect fifteen (15) days after certification by the

Commission as if affirmative action thereon had been

made by the local legislative body and local executive

concerned. If it fails to obtain said number of votes, the

proposition is considered defeated.

Section 15. Limitations on Local Initiatives . — (a) The

power of local initiative shall not be exercised more than

once a year.

(b) Initiative shall extend only to subjects or matters

which are within the legal powers of the local legislative

bodies to enact.

(c) If at any time before the initiative is held, the local

legislative

body

shall

adopt

in

toto the proposition

presented, the initiative shall be cancelled. However,

those against such action may, if they so desire, apply for

initiative in the manner herein provided.

Section

16.

Limitations

Upon

Local

Legislative

Bodies . — Any proposition or ordinance or resolution

approved

through

the

system

of

initiative

and

referendum as herein provided shall not be repealed,

modified

or

amended, by the local legislative body

concerned within six (6) months from the date therefrom,

and may be amended, modified or repealed by the local

legislative body within three (3) years thereafter by a vote

of

three-fourths

(3/4)

of

all

its

members:

Provided,

however, that in case of barangays, the period shall be

one (1) year after the expiration of the first six (6) months.

Section 17. Local Referendum . — Notwithstanding

the provisions of Section 4 hereof, any local legislative

body may submit to the registered voters of autonomous

region, provinces, cities, municipalities and barangays for

the approval or rejection, any ordinance or resolution duly

enacted or approved.

Said referendum shall be held under the control and

direction of the Commission within sixty (60) days in case

of provinces and cities, forty-five (45) days in case of

municipalities and thirty (30) days in case of barangays.

The Commission shall certify and proclaim the results

of the said referendum.

Section 18. Authority of Courts . — Nothing in this Act

shall

prevent

or

preclude

the

proper

courts

from

declaring

null

and

void

any

proposition

approved

pursuant to this Act for violation of the Constitution or

want of capacity of the local legislative body to enact the

said measure.

IV. — Final Provisions

SECTION 19. Applicability of the Omnibus Election

Code . — The Omnibus Election Code and other election

laws, not inconsistent with the provisions of this Act, shall

apply to all initiatives and referenda.

Section

20.

Rules

and

Regulations .

—

The

Commission is hereby empowered to promulgate such

rules and regulations as may be necessary to carry out

the purposes of this Act.

Section 21. Appropriations . — The amount necessary

to defray the cost of the initial implementation of this Act

shall be charged against the Contingent Fund in the

General Appropriations Act of the current year. Thereafter,

such

sums

as

may

be

necessary

for

the

full

implementation of this Act shall be included in the

annual General Appropriations Act.

Section 22. Separability Clause . — If any part or

provision of this Act is held invalid or unconstitutional, the

other parts or provisions thereof shall remain valid and

effective.

Section 23. Effectivity . — This Act shall take effect

fifteen (15) days after its publication in a newspaper of

general circulation.

Approved: August 4, 1989

RA No 7166 | Synchronized National and

Local Elections Act

As amended by RA Nos 7887, 8045, 8173, 9369

Republic Act No. 7166 November 26, 1991

AN ACT PROVIDING FOR SYNCHRONIZED NATIONAL

AND

LOCAL

ELECTIONS

AND

FOR

ELECTORAL

REFORMS, AUTHORIZING APPROPRIATIONS THEREFOR,

AND FOR OTHER PURPOSES

Be

it

enacted

by

the

Senate

and

House

of

Representatives

of

the

Philippines

in

Congress

assembled: :

Section 1. Statement of Policy. — It is the policy of

the State to synchronize elections so that there shall be

simultaneous regular elections for national and local

officials once every three (3) years.

Section 2. Date of Elections. — In accordance with

the policy hereinbefore stated, there shall be an election

for President, Vice-President, twenty-four (24) Senators, all

elective Members of the House of Representatives, and all

elective provincial, city and municipal officials on the

second Monday of May, 1992. Thereafter, the President

and Vice-President shall be elected on the same day

every six (6) years; while the Senators, elective Members of

the House of Representatives and all elective provincial,

city and municipal officials shall be elected on the same

day every three (3) years, except that with respect to

Senators, only twelve (12) shall be elected.

Section 3. Election of Members of the Sangguniang

Panlalawigan,

Sangguniang

Panlungsod

and

Sangguniang Bayan. — The elective members of the

Sangguniang Panlalawigan, Sangguniang Panlungsod

and Sangguniang Bayan shall be elected as follows:

(a) For provinces with two (2) or more legislative

districts,

the

elective

members of the Sangguniang

Panlalawigan shall be elected by legislative districts. For

this purpose, the number of seats shall be apportioned

equitably: Provided, That, if equal division is not possible,

the remaining member or members shall be elected in

the

district or districts with the greater number of

population or, if they be the same, with the greater

number of voters: Provided further, That, if a legislative

district includes a city that does not vote in the election of

provincial

officials,

the

Commission

on

Elections,

hereinafter referred to as the Commission, shall allocate

© Compiled by RGL

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