Omnibus Election Code of the Philippines/Article XXIV

by Batasang Pambansa

Layout 2

Article XXIV.—TRANSITORY PROVISIONS

Sec. 272. Pending actions.—Pending actions and causes of action arising before the effectivity of this Code shall be governed by the laws then in force. (Sec. 246, 1971 EC)

Sec. 273. Designation of certain pre-election acts immediately after the approval of this Code.—If it should no longer be reasonably possible to observe the periods and dates herein prescribed for certain pre-election acts in the election immediately following the approval of this Code, the Commission shall fix other periods in order to ensure that voters shall not be deprived of their right of suffrage.

Sec. 274. Accreditation of dominant opposition party.—For purposes of the next local elections in 1986 and the next presidential elections in 1987 or earlier, the dominant opposition party shall be that political party, group or organization or coalition of major national or regional political parties opposed to the majority party which has the capability to wage a bona fide nationwide campaign as shown by the extent of its organization and the number of Members of Parliament affiliated with it: Provided, however, That with specific reference to the next local elections in constituencies which are represented in the Batasang Pambansa by Members who do not belong either to the majority party or to the political party or coalition of political parties described above, the representatives of the opposition in the board of election inspectors, board of canvassers or other similar bodies shall be proposed exclusively by the party to which said Member of the Batasang Pambansa belong: Provided, however, That it is registered before the next local elections.

Any political party, group or organization or coalition of political parties seeking accreditation under this section shall file a verified petition with the Commission on Elections stating therein such information as may be necessary to enable the Commission to determine the qualifications for accreditation in accordance with the standard herein provided.

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.

Sec. 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.

Sec. 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 Minister of the Budget, and the Minister of Education, Culture and Sports.

Sec. 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.

Sec. 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.

Sec. 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.