Omnibus Election Code of the Philippines/Article III

by Batasang Pambansa

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Article III.—ELECTION OF MEMBERS OF THE BATASANG PAMBANSA

Sec. 21. Regular election of Members of the Batasang Pambansa.—The regular election of the Members of the Batasang Pambansa shall be held on the second Monday of May, Nineteen hundred and ninety (1990) and on the same day every six years thereafter. (Sec. 5(1) Art. VIII, Const.)

Sec. 22. Special election for Members of the Batasang Pambansa.—In case a vacancy arises in the Batasang Pambansa eighteen months or more before a regular election, the Commission shall call a special election to be held within sixty days after the vacancy occurs to elect the Member to serve the unexpired term. (Sec. 5, Subsec. (2), Art. VIII, Const.)

The Batasang Pambansa through a duly approved resolution or an official communication of the Speaker when it is not in session shall certify to the Commission the existence of said vacancy.

Sec. 23. Composition of the Batasang Pambansa.—The Batasang Pambansa shall be composed of not more than two hundred Members elected from the different provinces of the Philippines with their component cities, highly urbanized cities and districts of Metropolitan Manila, those elected or selected from various sectors as provided herein, and those chosen by the President from the members of the Cabinet. (Sec. 2, Art. VIII, Const.)

Sec. 24. Apportionment of representatives.—Until a new apportionment shall have been made, the Members of the Batasang Pambansa shall be apportioned in accordance with the Ordinance appended to the Constitution, as follows:

National Capital Region: Manila, 6; Quezon City, 4; Caloocan, 2; Pasay, 1; Pasig and Marikina, 2; Las Piñas and Parañaque, 1; Makati, 1; Malabon, Navotas and Valenzuela, 2; San Juan and Mandaluyong, 1; Taguig, Pateros and Muntinglupa, 1.

Region I: Abra, 1; Benguet, 1; Ilocos Norte with Laoag City, 2; Ilocos Sur, 2; La Union, 2; Mountain Province, 1; Pangasinan with the cities of Dagupan and San Carlos, 6; Baguio City, 1.

Region II: Batanes, 1; Cagayan, 3; Ifugao, 1; Isabela, 3; Kalinga-Apayao, 1; Nueva Vizcaya, 1; Quirino, 1.

Region III: Bataan, 1; Bulacan, 4; Nueva Ecija with the cities of Cabanatuan, Palayan and San Jose, 4; Pampanga with Angeles City, 4; Tarlac, 2; Zambales, 1; Olongapo City, 1.

Region IV: Aurora, 1; Batangas with the cities of Batangas and Lipa, 4; Cavite with the cities of Cavite, Tagaytay and Trece Martires, 3; Laguna with San Pablo City, 4; Marinduque, 1; Occidental Mindoro, 1; Oriental Mindoro, 2; Palawan with Puerto Princesa City, 1; Quezon with Lucena City, 4; Rizal, 2; Romblon, 1.

Region V: Albay with Legaspi City, 3; Camarines Norte, 1; Camarines Sur with the cities of Iriga and Naga, 4; Catanduanes, 1; Masbate, 2; Sorsogon, 2.

Region VI: Aklan, 1; Antique, 1; Capiz with Roxas City, 2; Iloilo with Iloilo City, 5; Negros Occidental with the cities of Bacolod, Bago, Cadiz, La Carlota, San Carlos and Silay, 7;

Region VII: Bohol with Tagbilaran City, 3; Cebu with the cities of Danao, Lapu-Lapu, Mandaue and Toledo, 6; Negros Oriental with the cities of Bais, Canlaon and Dumaguete, 3; Siquijor, 1; Cebu City, 2.

Region VIII: Leyte with the cities of Ormoc and Tacloban, 5; Southern Leyte, 1; Eastern Samar, 1; Northern Samar, 1; Samar with Calbayog City, 2.

Region IX: Basilan, 1; Sulu, 1; Tawi-Tawi, 1; Zamboanga del Norte with the cities of Dapitan and Dipolog, 2; Zamboanga del Sur with Pagadian City, 3; Zamboanga City, 1.

Region X: Agusan del Norte with Butuan City, 1; Agusan del Sur, 1; Bukidnon, 2; Camiguin, 1; Misamis Occidental with the cities of Oroquieta, Ozamis and Tangub, 1; Misamis Oriental with Gingoog City, 2; Surigao del Norte with Surigao City, 1; Cagayan de Oro City, 1.

Region XI: Surigao del Sur, 1; Davao del Norte, 3; Davao Oriental, 1; Davao del Sur, 2; South Cotabato with General Santos City, 3; Davao City, 2.

Region XII: Lanao del Norte, 1; Lanao del Sur with Marawi City, 2; Maguindanao with Cotabato City, 2; North Cotabato, 2; Sultan Kudarat, 1; Iligan City, 1. (Sec. 1, Ordinance Appended to Const.)

Any province that may hereafter be created or any component city that may hereafter be declared by or pursuant to law as a highly urbanized city shall be entitled in the immediately following election to at least one Member or such number of Members as it may be entitled to on the basis of the number of the inhabitants and on the same uniform and progressive ratio used in the last preceding apportionment. The number of Members apportioned to the province out of which the new province was created or where the new highly urbanized city is geographically located shall be correspondingly adjusted by the Commission, but such adjustment shall not be made within one hundred twenty days before the election. (Sec. 2, BP Res. 112, Id.)

Sec. 25. Voting by province and its component cities, by highly urbanized city or by district in Metropolitan Manila.—All candidates shall be voted at large by the registered voters of their respective constituencies. The candidates corresponding to the number of Member or Members to be elected in a constituency who receive the highest number of votes shall be declared elected. (Sec. 3, BP 697)

Sec. 26. Sectoral representatives.—There shall be three sectors to be represented in the Batasang Pambansa, namely: (1) youth; (2) agricultural labor; (3) industrial labor whose representatives shall be elected in the manner herein provided. Each sector shall be entitled to four representatives, two of whom shall come from Luzon, one from Visayas, and one from Mindanao: Provided, That the youth sector shall be entitled to two additional sectoral representatives who shall be elected from any part of the country. (Sec. 4, BP 697)

Sec. 27. Scope of the sectors.—The agricultural labor sector covers all persons who personally and physically till the land as their principal occupation. It includes agricultural tenants and lessees, rural workers and farm employees, owner-cultivators, settlers and small fishermen. (Sec. 5, BP 697)

The industrial labor sector includes all non-agricultural workers and employees.

The youth sector embraces persons not more than twenty-five years of age. (Sec. 5, BP 697)

Sec. 28. Selection of sectoral representatives.—Not later than twenty days after the election of provincial, city or district representatives, the most representative and generally recognized organizations or aggroupments of members of the agricultural labor, industrial labor, and youth sectors, as attested to by the Ministers of Agrarian Reform and of Agriculture and Food, the Minister of Labor and Employment, and the Ministers of Local Government and of Education, Culture and Sports, respectively, shall, in accordance with the procedures of said organizations or aggroupments of members of the sector, submit to the President their respective nominees for each slot allotted for each sector. The President shall appoint from among the nominees submitted by the aforementioned organizations or aggroupments the representatives of each sector.

In recognizing the most representative and generally recognized organizations or aggroupments, the Ministers of Agrarian Reform and of Agriculture and Food, the Minister of Labor and Employment, and the Ministers of Local Government and of Education, Culture and Sports shall consider:

(a) The extent of membership and activity of the organization or aggroupment which should be national;

(b) The responsiveness of the organization or aggroupment to the legitimate aspirations of its sector;

(c) The militancy and consistency of the organization or aggroupment in espousing the cause and promoting the welfare of the sector consistent with that of the whole country;

(d) The observance by such organization or aggroupment of the rule of law; and

(e) Other analogous factors.

The President of the Philippines shall, in writing, notify the Secretary-General of the Batasang Pambansa of the appointment made by him of any sectoral representative.

Except as herein otherwise provided, sectoral representatives shall have the same functions, responsibilities, rights, privileges, qualifications and disqualifications as the representatives from the provinces and their component cities, highly urbanized cities or districts of Metropolitan Manila. (Sec. 6, BP 697)