EXECUTIVE ORDER NO. 134 February 27, 1987
ENABLING ACT FOR THE ELECTIONS FOR MEMBERS OF CONGRESS ON MAY 11, 1987, AND FOR OTHER PURPOSES
WHEREAS, Section 1, Article XVIII of the 1987 Constitution of the Republic of the Philippines provides that the first elections for Members of Congress shall be held on the second Monday of May, 1987;
WHEREAS, to ensure free, orderly, honest, peaceful, and credible elections, there is a need to adopt appropriate laws and/or amend the existing Omnibus Election Code of the Philippines, to govern specifically the aforesaid elections;
WHEREAS, Section 6, Article XVIII of the 1987 Constitution empowers the President to continue exercising legislative powers until the first Congress is convened;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, do hereby order:
Sec. 1. Applicability. This Executive Order shall govern the elections for Members of Congress on Monday, May 11, 1987.
Sec. 2. Election and campaign periods. Unless otherwise fixed in special cases by the Commission on Elections, hereinafter referred to as the Commission, the election...
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Executive Orders
Enabling Act For the Elections For Members of Congress on May 11, 1987, and For Other Purposes
Executive Order No. 134
EXECUTIVE ORDER NO. 134
Enabling Act for the Elections for Members of Congress on May 11, 1987
- Applicability (Sec. 1)
• This Executive Order governs the elections for Members of Congress on May 11, 1987.
- Election and Campaign Periods (Sec. 2)
• The election period commences 90 days before the election day and ends 30 days after, unless otherwise fixed by the Commission on Elections. (Sec. 2)
• The campaign period for Senate elections is 60 days, from March 9, 1987, to midnight of May 9, 1987, with no campaigning allowed on Holy Thursday (April 16, 1987) and Good Friday (April 17, 1987). (Sec. 2)
• The campaign period for House of Representatives elections is 45 days, from March 24, 1987, to midnight of May 9, 1987, with no campaigning allowed on Holy Thursday (April 16, 1987) and Good Friday (April 17, 1987). (Sec. 2)
- Manner of Election (Sec. 3)
• The 24 Senators shall be elected at large by qualified voters of the Philippines. (Sec. 3)
• The Members of the House of Representatives shall be elected by qualified voters of their respective legislative districts. (Sec. 3)
• The candidates with the highest number of votes shall be declared elected. (Sec. 3)
- Qualifications for Members of Congress (Sec. 4)
• For Senators: natural-born Filipino citizen, at least 35 years old on election day, able to read and write, registered voter, and a resident of the Philippines for at least 2 years before the election. (Sec. 4)
• For House of Representatives: natural-born Filipino citizen, at least 25 years old on election day, able to read and write, registered voter in the legislative district where elected, and a resident of that district for at least 1 year before the election. (Sec. 4)
- Certificates of Candidacy (Sec. 5)
• Candidates must file a sworn certificate of candidacy from the start of the election period but not later than 1 day before the campaign period begins. (Sec. 5)
• Senate candidates file 10 copies with the Commission on Elections in Manila. (Sec. 5)
• House of Representatives candidates file with the Commission, provincial election supervisor, or city election registrar. (Sec. 5)
• Certificates filed by mail shall not be accepted. (Sec. 5)
- Nominations of Official Candidates (Sec. 6)
• Nominations by registered political parties, organizations, or coalitions must be filed by their authorized officers with the Commission on Elections or other authorized official, not later than the day before the campaign period begins. (Sec. 6)
- Permanent List of Voters (Sec. 7)
• The list of voters used in the February 2, 1987 plebiscite, with additions, cancellations, and corrections, shall constitute the permanent list of voters for this election. (Sec. 7)
- Implementing Rules and Regulations (Sec. 8)
• The Commission on Elections shall promulgate rules and regulations implementing this Executive Order, the Omnibus Election Code, and other laws it is mandated to enforce and administer. (Sec. 8)
• Such rules and regulations shall take effect 3 days after publication in at least 2 daily newspapers of general circulation. (Sec. 8)
- Commission Control over Officials and Law Enforcement (Sec. 9)
• The Commission may place national and local officials, employees, law enforcement agencies, and instrumentalities under its direct control when necessary for a free, honest, orderly, peaceful, and credible election. (Sec. 9)
• The Commission may call upon the Armed Forces, Philippine Constabulary/Integrated National Police, or authorize CMT Cadets aged 18 and above to act as its deputies for enforcing its orders. (Sec. 9)
- Prohibited Acts (Sec. 10)
• All acts prohibited under Section 261 of the Omnibus Election Code and other election offenses enumerated in Section 262 shall apply to the May 11, 1987 elections. (Sec. 10)
• Any city or municipal judge who includes or excludes voters without legal basis in inclusion and exclusion proceedings shall be guilty of an election offense. (Sec. 10)
- Prosecution (Sec. 11)
• The Commission shall have exclusive power to conduct preliminary investigation of all election offenses and prosecute them through its authorized legal officers. (Sec. 11)
• If the Commission fails to act on a complaint within 2 months, the complainant may file with the Office of the Fiscal or the Department of Justice. (Sec. 11)
• The Commission may avail the assistance of other prosecuting arms of the government. (Sec. 11)
- Pending Actions (Sec. 12)
• Actions arising or pending before the effectivity of this Executive Order shall be governed by the laws in force. (Sec. 12)
- Designation of Certain Pre-Election Acts (Sec. 13)
• If it is no longer reasonably possible to observe the prescribed periods and dates for certain pre-election acts, the Commission shall fix other periods to ensure accomplishment of pre-election activities so voters are not deprived of their right to vote. (Sec. 13)
- Appropriations (Sec. 14)
• An amount of Two Hundred Million Pesos (P200,000,000.00) is set aside from the Commission on Election's annual budget and savings for implementing this Executive Order. (Sec. 14)
• The funds shall be released automatically and periodically by the Department of Budget and Management upon request of the Commission's Chairman. (Sec. 14)
• In case of deficiencies, the funds shall be augmented from the Contingent Fund or other applicable appropriations in the Current General Appropriations Act. (Sec. 14)
- Separability Clause (Sec. 15)
• If any section or provision of this Executive Order is declared invalid or unconstitutional, the remainder shall not be affected. (Sec. 15)
- Applicability of Other Laws (Sec. 16)
• All provisions of the Omnibus Election Code, Executive Order No. 50 and No. 94 not inconsistent with this Executive Order shall apply. (Sec. 16)
• The Commission is authorized to provide by resolution on matters not covered by this Executive Order, consistent with the 1987 Constitution. (Sec. 16)
• The Commission may award the printing of official ballots, election returns, and other forms to private printers if government printing facilities are inadequate, under the Commission's exclusive control and supervision. (Sec. 16)
- Repealing Clause (Sec. 17)
• All laws or parts of laws inconsistent with this Executive Order are repealed or modified accordingly. (Sec. 17)
• The provisions on failure to register and to vote under Section 261, paragraph (y), sub-paragraph No. 1 and paragraph (z), sub-paragraph No. 1 of the Omnibus Election Code are repealed. (Sec. 17)
- Effectivity (Sec. 18)
• This Executive Order shall take effect upon its approval. (Sec. 18)
Enabling Act for the Elections for Members of Congress on May 11, 1987
- Applicability (Sec. 1)
• This Executive Order governs the elections for Members of Congress on May 11, 1987.
- Election and Campaign Periods (Sec. 2)
• The election period commences 90 days before the election day and ends 30 days after, unless otherwise fixed by the Commission on Elections. (Sec. 2)
• The campaign period for Senate elections is 60 days, from March 9, 1987, to midnight of May 9, 1987, with no campaigning allowed on Holy Thursday (April 16, 1987) and Good Friday (April 17, 1987). (Sec. 2)
• The campaign period for House of Representatives elections is 45 days, from March 24, 1987, to midnight of May 9, 1987, with no campaigning allowed on Holy Thursday (April 16, 1987) and Good Friday (April 17, 1987). (Sec. 2)
- Manner of Election (Sec. 3)
• The 24 Senators shall be elected at large by qualified voters of the Philippines. (Sec. 3)
• The Members of the House of Representatives shall be elected by qualified voters of their respective legislative districts. (Sec. 3)
• The candidates with the highest number of votes shall be declared elected. (Sec. 3)
- Qualifications for Members of Congress (Sec. 4)
• For Senators: natural-born Filipino citizen, at least 35 years old on election day, able to read and write, registered voter, and a resident of the Philippines for at least 2 years before the election. (Sec. 4)
• For House of Representatives: natural-born Filipino citizen, at least 25 years old on election day, able to read and write, registered voter in the legislative district where elected, and a resident of that district for at least 1 year before the election. (Sec. 4)
- Certificates of Candidacy (Sec. 5)
• Candidates must file a sworn certificate of candidacy from the start of the election period but not later than 1 day before the campaign period begins. (Sec. 5)
• Senate candidates file 10 copies with the Commission on Elections in Manila. (Sec. 5)
• House of Representatives candidates file with the Commission, provincial election supervisor, or city election registrar. (Sec. 5)
• Certificates filed by mail shall not be accepted. (Sec. 5)
- Nominations of Official Candidates (Sec. 6)
• Nominations by registered political parties, organizations, or coalitions must be filed by their authorized officers with the Commission on Elections or other authorized official, not later than the day before the campaign period begins. (Sec. 6)
- Permanent List of Voters (Sec. 7)
• The list of voters used in the February 2, 1987 plebiscite, with additions, cancellations, and corrections, shall constitute the permanent list of voters for this election. (Sec. 7)
- Implementing Rules and Regulations (Sec. 8)
• The Commission on Elections shall promulgate rules and regulations implementing this Executive Order, the Omnibus Election Code, and other laws it is mandated to enforce and administer. (Sec. 8)
• Such rules and regulations shall take effect 3 days after publication in at least 2 daily newspapers of general circulation. (Sec. 8)
- Commission Control over Officials and Law Enforcement (Sec. 9)
• The Commission may place national and local officials, employees, law enforcement agencies, and instrumentalities under its direct control when necessary for a free, honest, orderly, peaceful, and credible election. (Sec. 9)
• The Commission may call upon the Armed Forces, Philippine Constabulary/Integrated National Police, or authorize CMT Cadets aged 18 and above to act as its deputies for enforcing its orders. (Sec. 9)
- Prohibited Acts (Sec. 10)
• All acts prohibited under Section 261 of the Omnibus Election Code and other election offenses enumerated in Section 262 shall apply to the May 11, 1987 elections. (Sec. 10)
• Any city or municipal judge who includes or excludes voters without legal basis in inclusion and exclusion proceedings shall be guilty of an election offense. (Sec. 10)
- Prosecution (Sec. 11)
• The Commission shall have exclusive power to conduct preliminary investigation of all election offenses and prosecute them through its authorized legal officers. (Sec. 11)
• If the Commission fails to act on a complaint within 2 months, the complainant may file with the Office of the Fiscal or the Department of Justice. (Sec. 11)
• The Commission may avail the assistance of other prosecuting arms of the government. (Sec. 11)
- Pending Actions (Sec. 12)
• Actions arising or pending before the effectivity of this Executive Order shall be governed by the laws in force. (Sec. 12)
- Designation of Certain Pre-Election Acts (Sec. 13)
• If it is no longer reasonably possible to observe the prescribed periods and dates for certain pre-election acts, the Commission shall fix other periods to ensure accomplishment of pre-election activities so voters are not deprived of their right to vote. (Sec. 13)
- Appropriations (Sec. 14)
• An amount of Two Hundred Million Pesos (P200,000,000.00) is set aside from the Commission on Election's annual budget and savings for implementing this Executive Order. (Sec. 14)
• The funds shall be released automatically and periodically by the Department of Budget and Management upon request of the Commission's Chairman. (Sec. 14)
• In case of deficiencies, the funds shall be augmented from the Contingent Fund or other applicable appropriations in the Current General Appropriations Act. (Sec. 14)
- Separability Clause (Sec. 15)
• If any section or provision of this Executive Order is declared invalid or unconstitutional, the remainder shall not be affected. (Sec. 15)
- Applicability of Other Laws (Sec. 16)
• All provisions of the Omnibus Election Code, Executive Order No. 50 and No. 94 not inconsistent with this Executive Order shall apply. (Sec. 16)
• The Commission is authorized to provide by resolution on matters not covered by this Executive Order, consistent with the 1987 Constitution. (Sec. 16)
• The Commission may award the printing of official ballots, election returns, and other forms to private printers if government printing facilities are inadequate, under the Commission's exclusive control and supervision. (Sec. 16)
- Repealing Clause (Sec. 17)
• All laws or parts of laws inconsistent with this Executive Order are repealed or modified accordingly. (Sec. 17)
• The provisions on failure to register and to vote under Section 261, paragraph (y), sub-paragraph No. 1 and paragraph (z), sub-paragraph No. 1 of the Omnibus Election Code are repealed. (Sec. 17)
- Effectivity (Sec. 18)
• This Executive Order shall take effect upon its approval. (Sec. 18)