Republic Act No. 6132

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 hereby apportioned among the Representative Districts as follows:

Section 3. Election of Delegates. The election of delegates to the Convention by the qualified electors of each district shall be held on the second Tuesday in November, nineteen hundred and seventy.

Section 4. Persons Holding Office. Any person holding a public office or position, whether elective or appointive, including members of the armed forces and officers and employees of corporations or enterprises owned and/or controlled by the government, shall be considered resigned upon the filing of his certificate of candidacy: Provided, That any government official who resigns in order to run for delegate and who does not yet qualify for retirement under existing laws, may, if elected, add to his length of service in the government the period from the filing of his certificate of candidacy until the final adjournment of the Constitutional Convention.

Section 5. Disqualification to Run. Any person elected as delegate to the Constitutional Convention shall not be qualified to run for any public office in any election or to assume any appointive office or position in any branch of the Government until after the final adjournment of the Constitutional Convention.

Section 6. Provisions Governing the Election of Delegates. The election of delegates shall be governed by the provisions of the Revised Election Code, as amended, and Republic Act Numbered Thirty-five hundred eighty-eight, as amended, except as herein provided, to wit:

Section 7. Registration of Voters. The registration of voters in the election of delegates to the Constitutional Convention shall continue to be conducted in accordance with the provisions of Republic Act Numbered Three thousand five hundred and eighty-eight, as amended by Republic Act Numbered Four thousand seven hundred and thirty: Provided, That for purposes of this election, the periods provided therein for special elections shall apply: Provided, further, That thirty days before election day, the Election Registration Board shall start posting in the polling places the corresponding precinct lists of voters and shall continue posting from time to time such supplementary lists as may be necessary to complete the list of voters in each precinct: Provided, finally, That not later than nine days before the day of the election, all Election Registrars shall inform by special delivery or other expeditious means of communication each registered voter in their respective jurisdictions of his precinct number and the exact location of his polling place.

Section 8. Prohibited Acts. In addition to and supplementing prohibited acts provided for in the Revised Election Code, in the election of delegates:

Section 9. Arrest of Persons Committing Acts of Terrorism. Any person who publicly bears arms in violation of Section 878 and 2692 of the Revised Administrative Code, as amended by Commonwealth Act Numbered 56, or publicly makes use of uniforms, or insignias, in violation of Article 179 of the Revised Penal Code, or of Section three of Republic Act Numbered 75 anywhere during the prohibited period as provided in this Act, shall be subject to arrest at the time he is actually committing any of the foregoing acts not only by a peace officer but also by a private person even in the absence of the circumstances provided by Rule 113, Section 6 of the Rules of Court.

Any person who publicly carries a firearm, and actually threatens voters to vote for against any candidate, or not to vote at all, or prevents the Chairman or any member of the Election Registration Board, the Board of Inspectors or the Board of Canvassers, or a duly appointed watcher from freely performing his duties by means of force, violence, coercion, threats and intimidation, shall be guilty of a serious election offense and may likewise be placed under arrest as provided in the preceding paragraph.

Any person making the arrest with legal grounds shall, without unnecessary delay and within the time prescribed in Article 125 of the Revised Penal Code, as amended, take the person arrested to the proper court or judge for such action as it/he may deem proper to take.

Section 10. Criminal Liability of Custodians of Illegally Released Prisoners Before and After Election. The Director of the Bureau of Prisons, the Provincial Warden, the Keeper of the jail and the person or persons who are required by law to keep prisoners in their custody who shall illegally order or allow any prisoner detained in the national penitentiary, provincial, city or municipal jail to leave the premises thereof sixty (60) days before and thirty (30) days after the election for the purpose of terrorizing or intimidating any voter, the Chairman or a member of the Board of Election Inspectors, the Board of Canvassers, or the Election Registration Board, or a duly appointed watcher, shall, if convicted by a competent court, be made to suffer the penalty of prision mayor in its maximum period: Provided, That if the prisoner or prisoners so illegally released thus commits any such act of intimidation, terrorism or interference, then the penalty shall be life imprisonment.

Section 11. Vacancy in the Position of Delegate. Whenever a vacancy occurs in the position of Delegate, the Commission on Elections, upon due certification of the existence of such vacancy and recommendation by the Convention, shall immediately call a special election to fill the vacancy, which election shall be held within thirty days from the date of said call.

Should the vacancy occur before the start of the convention, the Commission on Elections, after verification of the said vacancy, shall call and hold a special election as above provided.

Section 12. Regulations of Election Spending and Propaganda. The following provisions shall govern election spending and propaganda in the election provided for in this Act:

Section 13. Who May Convene. The Chairman of the Commission on Elections shall take charge of all arrangements for the convening of the Constitutional Convention. The President of the Senate and the Speaker of the House of Representatives shall jointly preside at its opening session. The Convention shall meet in the session hall of three House of Representatives on June first, nineteen hundred and seventy-one at ten o'clock in the morning. Thereafter, the Convention may in its discretion hold its session at any other place within the Republic of the Philippines. Unless the Convention provides otherwise, a majority of all its members shall constitute a quorum to do business, but a smaller number may meet, adjourn from day to day, and compel the attendance of absent members. The Convention shall be the sole judge of the election, returns, and qualifications of its members and it may organize and adopt such rules as it may see fit.

Section 14. Administration and Technical Assistance. All government entities, agencies and instrumentalities, including the Senate and House of Representatives, shall place at the disposal of the Convention such personnel, premises, and furniture thereof as can, in their judgment, be spared without detriment to the public service, without cost, refund or additional pay.

Section 15. Parliamentary Immunity. The laws relative to parliamentary immunity of the Members of Congress shall be applicable to the delegates to the Constitutional Convention, and the penalties imposed in Articles one hundred forty-three, one hundred forty-four and one hundred forty-five of the Revised Penal Code, as amended, for offenses defined therein against the Congress of the Philippines, its committees or subcommittees, or its Members shall likewise apply if such offenses are committed against the Constitutional Convention, its committees or subcommittees, or the delegates thereto.

Section 16. Per diems and Traveling Expenses of Delegates. Each delegate shall be entitled to a per diem of one hundred pesos for every day of attendance in the Convention or any of its committees and to the necessary traveling expenses to and from his residence when attending the sessions of the Convention or of its committees.

Section 17. Powers of the Commission on Elections. The Commission on Election shall, in addition to the powers and functions conferred upon it by the Constitution and the Revised Election Code, as amended, have the following powers:

No member of the Commission on Elections, including the Chairman, shall sit in any case arising under this Act in which he has manifested or harbored bias, prejudice, or antagonism against any party to the case, or in any case in which he would be disqualified under Rule 137 of the Rules of Court.

Section 18. Penalty Clause. A violation of any of the provisions of this Act shall be considered a serious election offense carrying a penalty of imprisonment of not less than one year and one day but not more than five years.

The offender shall be further sentenced to suffer disqualifications to hold any public office and deprivation of the rights of suffrage for not less than one year but not more than nine years; and, if he is a foreigner, he shall be deported immediately after service of his prison term. Should the violation be committed by a political party or any organized group hereinbefore prohibited, the individuals who induced, ordered, directly participated, or indispensably cooperated in the commission of the same shall be equally liable, and shall suffer the penalties herein provided.

Section 19. Petition for Declaratory Relief. Any natural or juridical person whose rights are affected by any provision of this Act, may, before breach or violation thereof, bring an action to determine any question of construction, validity or constitutionality arising under this Act and for a declaration of his rights or duties thereunder.

In any action involving the construction, validity or constitutionality of any provision under this Act, the Solicitor General shall be notified by the party contesting such provision and shall be entitled to be heard upon such question.

The petition shall be filed with the Supreme Court and shall be given precedence over any other civil business pending therein.

Section 20. Appropriation. There is hereby appropriated out of any funds in the National Treasury not otherwise appropriated, the sum of seventeen million pesos for the holding of the election of delegates to the Constitutional Convention which shall upon request, be made immediately available to the Commission on Elections only for purposes of this Act and twelve million pesos for the expenses of said convention.

Section 21. Separability Clause. If for any reason any section or provision of this Act, or any portion thereof, or the application of such section, provision or portion to any person group or circumstance, is declared invalid or unconstitutional, the remainder of the Act or the application of such provision to other persons, group or circumstances shall not be affected by such declaration.

Section 22. Repealing Clause. Republic Act Numbered 4914, and all other laws, rules, regulations, or parts thereof which are inconsistent with this Act are hereby repealed, amended or modified accordingly for purposes of the election of delegates as herein provided.

Section 23. This Act take effect upon its approval.

Approved: August 24, 1970