Amending The 1978 Election Code By Inserting New Provisions Therein Providing For Substitution Of A Candidate Who Dies, Fails To Qualify Or Is Incapacitated After The Election But Before Pr
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Amending The 1978 Election Code By Inserting New Provisions Therein Providing For Substitution Of A Candidate Who Dies, Fails To Qualify Or Is Incapacitated After The Election But Before Pr
Presidential Decree No. 1348
April 10, 1978
Case Overview and Summary
Summary of Presidential Decree No. 1348Substitution of Candidates for the Interim Batasang Pambansa
- Provides for substitution of a candidate who dies, fails to qualify, or is incapacitated after the election but before proclamation or assumption of office. (Sec. 8-A, Sec. 8-B)
Substitution Before Proclamation (Sec. 8-A)
- If a candidate dies, fails to qualify, or is incapacitated after the election but before proclamation, and is one of the winners, the seat shall be filled as follows:
• For candidates officially nominated by a political party or group, the interim Batasang Pambansa shall appoint the replacement upon nomination by the same political party or group. (Sec. 8-A(1))
• For independent candidates not belonging to any political party or group, the incumbent President of the Philippines shall nominate, and with the consent of the interim Batasang Pambansa, appoint the replacement. (Sec. 8-A(2))
Substitution Before Assumption of Office (Sec. 8-B)
- The provisions for substitution before proclamation shall also apply in the case of a member-elect who dies, fails to qualify, or is incapacitated before assumption of office.
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Executive Issuances
Presidential Decrees
substitution of candidates
death of candidates
failure to qualify
incapacitation of candidates
interim Batasang Pambansa
appointment of replacements
political parties
independent candidates
President of the Philippines
consent of interim Batasang Pambansa
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Amending The 1978 Election Code By Inserting New Provisions Therein Providing For Substitution Of A Candidate Who Dies, Fails To Qualify Or Is Incapacitated After The Election But Before Pr
Presidential Decree No. 1348
•April 10, 1978
MALACAÑANGM a n i l a
PRESIDENTIAL DECREE No. 1348 April 10, 1978
AMENDING THE 1978 ELECTION CODE BY INSERTING NEW PROVISIONS THEREIN PROVIDING FOR SUBSTITUTION OF A CANDIDATE WHO DIES, FAILS TO QUALIFY OR IS INCAPACITATED AFTER THE ELECTION BUT BEFORE PROCLAMATION OR BEFORE ASSUMPTION OF OFFICE
WHEREAS, the 1978 Election Code does not provide for substitution of a candidate for the interim Batasang Pambansa who dies, fails to qualify or is incapacitated after the election but before the proclamation or assumption of office;
WHEREAS, it is prudent that provision be made for the contingencies mentioned in the preceding paragraph to forestall confusion and/or deprivation of complete representation of any constituency in the interim Batasang Pambansa;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby decree as follows:
Section 1. Inserting Sec. 8-A and Sec. 8-B in the 1978 Election Code. New sections to be designated as Sec. 8-A and Sec. 8-B shall be inserted between Sections 8 and 9...
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