Calling A Regional Plebiscite In Regions Ix And XII And In The Provinces Of Palawan, Davao Del Sur And South Cotabato, To Consider Their Inclusion In An Autonomous Region, Prescribing The M

Case Overview and Summary

Summary of Presidential Decree No. 1092

Calling a Regional Plebiscite
• Calls for a regional plebiscite on February 21, 1977, through barangays in Regions IX and XII, and the provinces of Palawan, Davao del Sur, and South Cotabato. (Section 1)
• Seeks to resolve the following questions:
    - For voters in Regions IX and XII: "Do you approve the merger of Region 9 and 12 into one autonomous region?" (Section 2)
    - For voters in Palawan, Davao del Sur, and South Cotabato: "Do you approve the inclusion of your province as part of an autonomous region in Southwestern Philippines (Regions 9 and/or 12)?" (Section 2)

Supervision and Control by the Commission on Elections
• The Commission on Elections (COMELEC) shall supervise the conduct of voting, canvass of ballots, and exercise necessary powers to implement the Decree. (Section 3)

Voter Eligibility and Registration
• All qualified barangay voters duly registered in the October 1976 referendum-plebiscite shall be entitled to vote. (Section 4)
• Persons not registered but qualified may apply for registration under Presidential Decree No. 210. (Section 4)
• The list of Barangay Voters from the October 1976 referendum-plebiscite, together with new voters, shall be used. (Section 5)

Barangay Plebiscite Committee
• The members of the referendum-plebiscite committees from October 1976 shall compose the plebiscite committees, unless replaced or appointed by COMELEC. (Section 6)
• The barangay plebiscite committee shall:
    - Supervise voting and canvass in their barangay plebiscite centers. (Section 7a)
    - Act as deputies of COMELEC to ensure a free, orderly, and honest plebiscite. (Section 7b)
    - Perform other functions prescribed by the Decree, rules, and instructions from COMELEC. (Section 7c)

Barangay Plebiscite Centers
• The barangay voting centers from the October 1976 referendum-plebiscite shall be used as plebiscite centers, unless new ones are established or existing ones are transferred or split. (Section 8)
• COMELEC shall establish new barangay plebiscite centers in places with at least 200 voters and no existing centers, preferably in public school buildings or other public buildings. (Section 9)

Canvassing and Proclamation
• COMELEC shall canvass the plebiscite results at a convenient place within the regions and provinces concerned. (Section 10)
• COMELEC shall meet not later than 7 PM on the plebiscite day to canvass the received results and continue meeting until the canvass is completed. (Section 10)
• COMELEC may create committees or subcommittees to facilitate the canvass. (Section 10)

Observers
• Civic, religious, youth, and other organizations may designate up to two accredited observers each to observe voter registration, voting, and counting. (Section 11)
• Observers have the right to witness proceedings, take notes, file protests, obtain certificates, and read ballots without touching them, but cannot interrupt or disturb the proceedings. (Section 11)

Plebiscite Propaganda
• The provisions of Sections 47 and 48 of the Election Code of 1971 shall govern the use of lawful and prohibited propaganda during the plebiscite period. (Section 12)

Information and Educational Campaign
• Every barangay shall hold assemblies or meetings before the plebiscite to inform and enlighten members about the significance and meaning of the plebiscite. (Section 13)
• Barangays shall encourage free, full, and constructive discussion and exchange of views, including holding meetings or rallies, and may enlist knowledgeable persons as speakers or resource persons. (Section 13)

Free Discussion and Debate
• Registered voters shall not be questioned, interrogated, or investigated for any speech, remark, statement, or view expressed in discussions, debates, public rallies, or other forms of communication regarding the plebiscite questions. (Section 14)
• Printing and disseminating pamphlets, leaflets, posters, and other printed materials designed to explain the plebiscite questions or enlighten the people shall be allowed, subject to the Election Code of 1971 and COMELEC regulations. (Section 14)
• Printed materials shall indicate the name and address of the author and printer. (Section 14)

Plebiscite Forms, Materials, and Services
• COMELEC shall prescribe the necessary forms and may secure supplies, materials, or services needed for the plebiscite through negotiation or sealed quotations if public bidding is impracticable. (Section 15)
• Personnel services may be hired on a contractual basis if found more expedient and economical. (Section 15)

Overtime Services of COMELEC Personnel
• COMELEC may require its officials, employees, and assigned personnel to work overtime, including on weekends and holidays, and pay compensation in accordance with existing laws. (Section 16)

Rules and Regulations
• COMELEC shall promulgate the necessary rules and regulations to carry out the provisions of this Decree. (Section 17)

Suppletory Application
• The provisions of Presidential Decrees Nos. 210, 229, and 1053, insofar as they are not inconsistent with this Decree, shall apply to the plebiscite. (Section 18)

Separability Clause
• If any section or provision of this Decree is declared invalid or unconstitutional, the remainder shall not be affected. (Section 19)

Appropriations
• TWO MILLION PESOS (P2,000,000.00) is appropriated from the National Treasury to carry out the provisions of this Decree, to be spent under the exclusive authority of COMELEC. (Section 20)

Effectivity
• This Decree shall take effect immediately. (Section 21)