REPUBLIC ACT No. 6132
AN ACT IMPLEMENTING RESOLUTION OF BOTH HOUSES NUMBERED TWO AS AMENDED BY RESOLUTION OF BOTH HOUSES NUMBERED FOUR OF THE CONGRESS OF THE PHILIPPINES CALLING FOR A CONSTITUTIONAL CONVENTION, PROVIDING FOR PROPORTIONAL REPRESENTATION THEREIN AND OTHER DETAILS RELATING TO THE ELECTION OF DELEGATES TO AND THE HOLDING OF THE CONSTITUTIONAL CONVENTION, REPEALING FOR THE PURPOSE REPUBLIC ACT FOUR THOUSAND NINE HUNDRED FOURTEEN, AND FOR OTHER PURPOSES.
Section 1. Short Title. This Act shall be known as "The 1971 Constitutional Convention Act."
Section 2. Composition of the Convention; Qualifications of Delegates. The Constitutional Convention authorized by Resolution of Both Houses Numbered Two of the Congress of the Philippines, adopted on March sixteen, nineteen hundred and sixty-seven, as amended by Resolution of Both Houses Numbered Four of the Congress of the Philippines, adopted on June seventeen, nineteen hundred and sixty- nine, shall be composed of three hundred and twenty delegates who shall have the same qualifications as those required of Members of the House of Representatives.
The delegates are...
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Republic Acts
AN ACT IMPLEMENTING OF BOTH HOUSES NUMBERED TWO AS AMENDED BY OF BOTH HOUSES NUMBERED FOUR OF THE CONGRESS OF THE PHILIPPINES CALLING FOR A CONSTITUTIONAL CONVENTION
Republic Act No. 6132
Summary of Republic Act No. 6132 (The 1971 Constitutional Convention Act)
Title and Composition
- The Act is known as "The 1971 Constitutional Convention Act" (Section 1).
- The Constitutional Convention shall be composed of 320 delegates with the same qualifications as Members of the House of Representatives (Section 2).
- The delegates are apportioned among the Representative Districts (Section 2).
Election of Delegates
- The election of delegates shall be held on the second Tuesday of November 1970 (Section 3).
- Persons holding public office or position shall be considered resigned upon filing of candidacy (Section 4).
- Elected delegates shall not be qualified to run for any public office until after the final adjournment of the Convention (Section 5).
Provisions Governing the Election
- The election shall be governed by the Revised Election Code and Republic Act No. 3588, with specific provisions on:
- Certificate of Candidacy (Section 6A)
- Non-application of limitation upon campaign period (Section 6B)
- Election Registration Boards (Section 6C)
- Election Precincts and Polling Places (Section 6D)
- Boards of Inspectors (Section 6E)
- Board of Canvassers (Section 6F)
- Canvass and Proclamation (Section 6G)
- When Statements are Contradictory (Section 6H)
- Correction of Statements (Section 6I)
- Effect of Orders in Pre-Proclamation Controversies (Section 6J)
Registration of Voters
- The registration of voters shall continue to be conducted in accordance with Republic Act No. 3588, as amended by Republic Act No. 4730 (Section 7).
Prohibited Acts
- Prohibits candidates from representing themselves as candidates of any political party or organization (Section 8a).
- Prohibits coercion of subordinates, employees, tenants, members, affiliates, parishioners, or followers to aid, campaign, or vote for any candidate (Section 8b).
- Prohibits appointment or hiring of new employees within 45 days before the election, except in cases of urgent need (Section 8c).
- Prohibits release, disbursement, or expenditure of funds for public works, social welfare, calamity development, and other purposes within 45 days before the election (Section 8d, 8e).
- Prohibits members of the Armed Forces from wearing uniforms or bearing arms outside their camps during the prohibited period, unless authorized (Section 8f).
- Prohibits members of security or police organizations from wearing uniforms or bearing arms, except within their immediate vicinity during the prohibited period (Section 8g).
- The Commission on Elections shall decide applications for authority under Section 8 within 15 days (Section 8h).
Arrest of Persons Committing Acts of Terrorism
- Allows arrest of persons publicly bearing arms, making use of uniforms, or insignias in violation of laws during the prohibited period (Section 9).
- Allows arrest of persons who threaten voters or prevent election officials from performing their duties (Section 9).
Criminal Liability of Custodians of Illegally Released Prisoners
- Imposes penalties on custodians who illegally order or allow prisoners to leave premises 60 days before and 30 days after the election for the purpose of terrorizing or intimidating voters or election officials (Section 10).
Vacancy in the Position of Delegate
- The Commission on Elections shall call a special election to fill a vacancy in the position of Delegate within 30 days (Section 11).
Regulations of Election Spending and Propaganda
- Provides for Comelec billboards, Comelec time on radio and television, and Comelec space in newspapers for candidates (Section 12A, 12B, 12F).
- Prohibits certain forms of election propaganda, such as billboards, streamers, posters, and propaganda gadgets (Section 12C, 12E).
- Requires candidates and persons making or receiving expenditures or contributions exceeding ₱50 to file a statement (Section 12G).
- Limits total expenditures made by a candidate or on behalf of a candidate to ₱32,000 (Section 12G).
- Allows news coverage of significant and newsworthy events involving candidates (Section 12H).
Convening and Administration
- The Chairman of the Commission on Elections shall take charge of arrangements for convening the Convention (Section 13).
- The Convention shall meet on June 1, 1971, at 10 AM in the session hall of the House of Representatives (Section 13).
- Government entities shall provide personnel, premises, and furniture to the Convention without cost (Section 14).
- Laws relative to parliamentary immunity of Members of Congress shall apply to delegates (Section 15).
- Delegates shall be entitled to a per diem of ₱100 for every day of attendance and necessary traveling expenses (Section 16).
Powers of the Commission on Elections
- The Commission on Elections shall have powers to promulgate rules and regulations, require law enforcement agencies to act as deputies, execute decisions and directives, postpone elections in certain cases, and call for continuation of voting in certain cases (Section 17).
- The Chairman and members of the Commission on Elections shall be subject to the Canons of Judicial Ethics and disqualification rules (Section 17f).
Penalty Clause
- Violation of any provision of this Act shall be considered a serious election offense with a penalty of imprisonment of not less than 1 year and 1 day but not more than 5 years, disqualification from public office, and deprivation of the right of suffrage for not less than 1 year but not more than 9 years (Section 18).
Petition for Declaratory Relief
- Any person whose rights are affected by this Act may bring an action to determine any question of construction, validity, or constitutionality before the Supreme Court (Section 19).
Appropriation
- ₱17 million is appropriated for the holding of the election of delegates, and ₱12 million for the expenses of the Convention (Section 20).
Separability Clause and Repealing Clause
- Includes a separability clause and repeals Republic Act No. 4914 and other inconsistent laws (Sections 21, 22).
Title and Composition
- The Act is known as "The 1971 Constitutional Convention Act" (Section 1).
- The Constitutional Convention shall be composed of 320 delegates with the same qualifications as Members of the House of Representatives (Section 2).
- The delegates are apportioned among the Representative Districts (Section 2).
Election of Delegates
- The election of delegates shall be held on the second Tuesday of November 1970 (Section 3).
- Persons holding public office or position shall be considered resigned upon filing of candidacy (Section 4).
- Elected delegates shall not be qualified to run for any public office until after the final adjournment of the Convention (Section 5).
Provisions Governing the Election
- The election shall be governed by the Revised Election Code and Republic Act No. 3588, with specific provisions on:
- Certificate of Candidacy (Section 6A)
- Non-application of limitation upon campaign period (Section 6B)
- Election Registration Boards (Section 6C)
- Election Precincts and Polling Places (Section 6D)
- Boards of Inspectors (Section 6E)
- Board of Canvassers (Section 6F)
- Canvass and Proclamation (Section 6G)
- When Statements are Contradictory (Section 6H)
- Correction of Statements (Section 6I)
- Effect of Orders in Pre-Proclamation Controversies (Section 6J)
Registration of Voters
- The registration of voters shall continue to be conducted in accordance with Republic Act No. 3588, as amended by Republic Act No. 4730 (Section 7).
Prohibited Acts
- Prohibits candidates from representing themselves as candidates of any political party or organization (Section 8a).
- Prohibits coercion of subordinates, employees, tenants, members, affiliates, parishioners, or followers to aid, campaign, or vote for any candidate (Section 8b).
- Prohibits appointment or hiring of new employees within 45 days before the election, except in cases of urgent need (Section 8c).
- Prohibits release, disbursement, or expenditure of funds for public works, social welfare, calamity development, and other purposes within 45 days before the election (Section 8d, 8e).
- Prohibits members of the Armed Forces from wearing uniforms or bearing arms outside their camps during the prohibited period, unless authorized (Section 8f).
- Prohibits members of security or police organizations from wearing uniforms or bearing arms, except within their immediate vicinity during the prohibited period (Section 8g).
- The Commission on Elections shall decide applications for authority under Section 8 within 15 days (Section 8h).
Arrest of Persons Committing Acts of Terrorism
- Allows arrest of persons publicly bearing arms, making use of uniforms, or insignias in violation of laws during the prohibited period (Section 9).
- Allows arrest of persons who threaten voters or prevent election officials from performing their duties (Section 9).
Criminal Liability of Custodians of Illegally Released Prisoners
- Imposes penalties on custodians who illegally order or allow prisoners to leave premises 60 days before and 30 days after the election for the purpose of terrorizing or intimidating voters or election officials (Section 10).
Vacancy in the Position of Delegate
- The Commission on Elections shall call a special election to fill a vacancy in the position of Delegate within 30 days (Section 11).
Regulations of Election Spending and Propaganda
- Provides for Comelec billboards, Comelec time on radio and television, and Comelec space in newspapers for candidates (Section 12A, 12B, 12F).
- Prohibits certain forms of election propaganda, such as billboards, streamers, posters, and propaganda gadgets (Section 12C, 12E).
- Requires candidates and persons making or receiving expenditures or contributions exceeding ₱50 to file a statement (Section 12G).
- Limits total expenditures made by a candidate or on behalf of a candidate to ₱32,000 (Section 12G).
- Allows news coverage of significant and newsworthy events involving candidates (Section 12H).
Convening and Administration
- The Chairman of the Commission on Elections shall take charge of arrangements for convening the Convention (Section 13).
- The Convention shall meet on June 1, 1971, at 10 AM in the session hall of the House of Representatives (Section 13).
- Government entities shall provide personnel, premises, and furniture to the Convention without cost (Section 14).
- Laws relative to parliamentary immunity of Members of Congress shall apply to delegates (Section 15).
- Delegates shall be entitled to a per diem of ₱100 for every day of attendance and necessary traveling expenses (Section 16).
Powers of the Commission on Elections
- The Commission on Elections shall have powers to promulgate rules and regulations, require law enforcement agencies to act as deputies, execute decisions and directives, postpone elections in certain cases, and call for continuation of voting in certain cases (Section 17).
- The Chairman and members of the Commission on Elections shall be subject to the Canons of Judicial Ethics and disqualification rules (Section 17f).
Penalty Clause
- Violation of any provision of this Act shall be considered a serious election offense with a penalty of imprisonment of not less than 1 year and 1 day but not more than 5 years, disqualification from public office, and deprivation of the right of suffrage for not less than 1 year but not more than 9 years (Section 18).
Petition for Declaratory Relief
- Any person whose rights are affected by this Act may bring an action to determine any question of construction, validity, or constitutionality before the Supreme Court (Section 19).
Appropriation
- ₱17 million is appropriated for the holding of the election of delegates, and ₱12 million for the expenses of the Convention (Section 20).
Separability Clause and Repealing Clause
- Includes a separability clause and repeals Republic Act No. 4914 and other inconsistent laws (Sections 21, 22).