Republic Act No. 6132

This Act shall be known as "The 1971 Constitutional Convention Act."

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:

ABRA, Lone District TWO (2) Delegates

AGUSAN DEL NORTE, Including the City of Butuan Lone District TWO (2) Delegates

AGUSAN DEL SUR, Lone District TWO (2) Delegates

AKLAN, Lone District TWO (2) Delegates

ALBAY, Including the City of Legaspi

First District TWO (2) Delegates

Second District TWO (2) Delegates

Third District TWO (2) Delegates

ANTIQUE, Lone District TWO (2) Delegates

BATAAN, Lone District TWO (2) Delegates

BATANES, Lone District TWO (2) Delegates

BATANGAS, Including the Cities of Batangas and Lipa

First District TWO (2) Delegates

Second District THREE (3) Delegates

Third District THREE (3) Delegates

BENGUET, Including the City of Baguio Lone District TWO (2) Delegates

BOHOL, Including the City of Tagbilaran

First District TWO (2) Delegates

Second District TWO (2) Delegates

Third District TWO (2) Delegates

BUKIDNON, Lone District THREE (3) Delegates

BULACAN

First District THREE (3) Delegates

Second District FOUR (4) Delegates

CAGAYAN

First District THREE (3) Delegates

Second District TWO (2) Delegates

CAMARINES NORTE, Lone District TWO (2) Delegates

CAMARINES SUR, Including the Cities of Iriga and Naga

First District THREE (3) Delegates

Second District FIVE (5) Delegates

CAMIGUIN, Lone District TWO (2) Delegates

CAPIZ, Including the City of Roxas

First District TWO (2) Delegates

Second District TWO (2) Delegates

CATANDUANES, Lone District TWO (2) Delegates

CAVITE, Including the Cities of Tagaytay, Trece Martires and Cavite; Lone District FOUR (4) Delegates

CEBU, Including the Cities of Cebu,Danao, Toledo, Lapu-Lapu and Mandaue

First District TWO (2) Delegates

Second District FOUR (4) Delegates

Third District TWO (2) Delegates

Fourth District TWO (2) Delegates

Fifth District TWO (2) Delegates

Sixth District TWO (2) Delegates

Seventh District TWO (2) Delegates

COTABATO, Including the City of Cotabato; Lone District TEN (10) Delegates

DAVAO DEL NORTE, Lone District FOUR (4) Delegates

DAVAO DEL SUR, Including the City of Davao; Lone District SIX (6) Delegates

DAVAO ORIENTAL, Lone District TWO (2) Delegates

EASTERN SAMAR, Lone District TWO (2) Delegates

IFUGAO, Lone District TWO (2) Delegates

ILOCOS NORTE, Including the City of Laoag

First District TWO (2) Delegates

Second District TWO (2) Delegates

ILOCOS SUR

First District TWO (2) Delegates

Second District TWO (2) Delegates

ILOILO, Including the City of Iloilo

First District TWO (2) Delegates

Second District TWO (2) Delegates

Third District TWO (2) Delegates

Fourth District TWO (2) Delegates

Fifth District TWO (2) Delegates

ISABELA, Lone District FIVE (5) Delegates

KALINGA-APAYAO, Lone District TWO (2) Delegates

LAGUNA, Including the City of San Pablo

First District FOUR (4) Delegates

Second District TWO (2) Delegates

LANAO DEL NORTE, Including the City of Iligan; Lone District THREE (3) Delegates

LANAO DEL SUR, Including the City of Marawi; Lone District SIX (6) Delegates

LA UNION

First District TWO (2) Delegates

Second District TWO (2) Delegates

LEYTE, Including the Cities of Ormoc and Tacloban

First District TWO (2) Delegates

Second District TWO (2) Delegates

Third District TWO (2) Delegates

Fourth District TWO (2) Delegates

MANILA

First District THREE (3) Delegates

Second District TWO (2) Delegates

Third District THREE (3) Delegates

Fourth District THREE (3) Delegates

MARINDUQUE, Lone District TWO (2) Delegates

MASBATE, Lone District FOUR (4) Delegates

MOUNTAIN PROVINCE, Lone District TWO (2) Delegates

NORTHERN SAMAR, Lone District TWO (2) Delegates

NUEVA ECIJA, Including the Cities of Cabanatuan, Palayan and San Jose

First District THREE (3) Delegates

Second District FOUR (4) Delegates

NUEVA VIZCAYA, Lone District TWO (2) Delegates

OCCIDENTAL MINDORO, Lone District TWO (2) Delegates

ORIENTAL MINDORO, Lone District THREE (3) Delegates

OCCIDENTAL MISAMIS, Including the Cities of Ozamis, Oroquieta, and Tangub, Lone District THREE (3) Delegates

ORIENTAL MISAMIS, Including the Cities of Cagayan de Oro and Gingoog Lone District FOUR (4) Delegates

OCCIDENTAL NEGROS, Including the Cities of Bacolod, Bago, Cadiz, La Carlota, San Carlos and Silay

First District SIX (6) Delegates

Second District THREE (3) Delegates

Third District FOUR (4) Delegates

ORIENTAL NEGROS, Including the Cities of Bais, Canlaon and Dumaguete

First District FOUR (4) Delegates

Second District TWO (2) Delegates

PALAWAN, Including the City of Puerto Princesa, Lone District TWO (2) Delegates

PAMPANGA, Including the City of Angeles

First District FOUR (4) Delegates

Second District THREE (3) Delegates

PANGASINAN, Including the Cities of Dagupan and San Carlos

First District TWO (2) Delegates

Second District TWO (2) Delegates

Third District TWO (2) Delegates

Fourth District TWO (2) Delegates

Fifth District TWO (2) Delegates

QUEZON, Including the City of Lucena

First District FOUR (4) Delegates

Second District FOUR (4) Delegates

RIZAL, Including the Cities of Quezon, Pasay and Caloocan

First District EIGHTEEN (18) Delegates

Second District FIVE (5) Delegates

ROMBLON, Lone District TWO (2) Delegates

SAMAR, Including the City of Calbayog Lone District FOUR (4) Delegates

SORSOGON

First District TWO (2) Delegates

Second District TWO (2) Delegates

SOUTHERN COTABATO, Including the City of General Santos, Lone District FOUR (4) Delegates

SOUTHERN LEYTE, Lone District TWO (2) Delegates

SULU, Lone District THREE (3) Delegates

SURIGAO DEL NORTE, Lone District TWO (2) Delegates

SURIGAO DEL SUR, Lone District TWO (2) Delegates

TARLAC

First District TWO (2) Delegates

Second District TWO (2) Delegates

ZAMBALES, Including the City of Olongapo; Lone District THREE (3) Delegates

ZAMBOANGA DEL NORTE, Including the Cities of Dipolog and Dapitan;Lone District THREE (3) Delegates

ZAMBOANGA DEL SUR, Including the Cities of Basilan, Pagadian and Zamboanga; Lone District NINE (9) 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.

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.

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.

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:

The person concerned shall state in his certificate of candidacy that:

The certificate of candidacy shall likewise state his gross income, the expenses, deductions and exemptions, and that he paid his income taxes as assessed, for the last two years immediately preceding the election, including the receipt numbers and places of such payments, unless the candidate exempt from paying income taxes, or his tax obligations are pending final determination, in which cases he shall so state in his certificate of candidacy; and shall furthermore contain a waiver of the privilege from public disclosure of his income tax returns and tax census statements for the said two-year period, except financial statements attached thereto, said waiver to be effective only during the period of his candidacy. Failure to state the required information on income, taxes, and waiver shall invalidate the certificate of candidacy.

The candidate may include a concise statement, not exceeding one hundred words, of the principal constitutional reforms, programs or policies he proposes to advocate if elected to the Convention. A copy of such statement shall be posted conspicuously in each polling place in the district.

At least seventy days before the election, five or more qualified registered voters in a representative district, acting individually, may file with the Commission on Elections a nomination for a candidate, furnishing a copy thereof to the person concerned: Provided , That said candidate shall indicate his acceptance by complying with the requirements of this section.

The Commission on Elections shall prepare a standard form of the certificate of candidacy and adopt such other measures as may facilitate the filing thereof.

It shall be unlawful for any person who, knowing that he is related as above-stated to any candidate or to any member of the Board, shall knowingly fail to notify the Commission on Elections about such relationship, assume the office of member thereof and perform the duties pertaining thereto.

Whenever possible, such location shall be along a public road. No designation shall be changed except upon written petition of the majority of the voters in the precinct or in case the polling place is destroyed or cannot be used.

Each precinct shall not have more than three hundred voters: Provided , That the Commission on Elections shall, in the interest of an orderly election, and in order to facilitate the casting of votes, be authorized to divide a precinct not later than one week after the last registration day. But the polling places of all the precincts created thereby shall be located in the same building or compound where the polling place of the original precinct is located, and if this is not feasible, in a place as close as possible to the original precinct: Provided ,further , That the polling place of the new precinct may be located elsewhere upon written petition of the majority of the voters of the new precinct.

Whenever a precinct is divided into two or more precincts, the registered voters shall included in the precinct wherein they reside. Every case of alteration of a precinct shall be duly published by posting a notice of any such change in a conspicuous location in the polling place, and in the municipal building or city hall, as the case may be.

It shall be unlawful for any person who, knowing that he is related as above-stated to any candidate or to any member of the Board, shall knowingly fail to notify the Commission on Elections about such relationship, assume the office of member thereof and perform the duties pertaining thereto.

In case of non-availability, absence or incapacity for any cause, of the Chairman, the Commission shall designate as his substitute any of the aforementioned members of the Board. With respect to the other members, the Commission shall appoint as substitute the District Health Officer, the Register of Deeds of the province, or the most senior Clerk of the Court of First Instance of the province, in that order.

In the City of Manila, the Board of Canvassers shall be composed of a representative from the Commission on Elections who is at least a decision chief, as Chairman; and the City Fiscal, the City Treasurer, the City Auditor, and the City Superintendent of Schools, as members. In case of non-availability, absence or incapacity for any cause of the Chairman, the Commission shall designate as his substitute any of the aforementioned members of the Board: Provided , That with respect to the other members, the Commission shall appoint as substitute the City of Engineer, the City Health Officer, or the City Register of Deeds, in that order.

In no case shall the Chairman and the members of the Provincial Board of Canvassers or the Board of Canvassers for the City of Manila, as the case be, be related to any of the candidates in their respective jurisdictions within the fourth civil degree of consanguinity or affinity.

In case it appears to the Board of Canvassers that there exist another authentic copy or copies of returns from an election precinct submitted to the Board giving any candidate a different number of votes, or there is a difference in the words and figures of the number of votes for any candidate, and in either case the difference affects the result of the election, upon motion of the Board or of any candidate affected, and after due notice to all candidates in the district, the corresponding Court of First Instance shall proceed to determine summarily on the face of the original and copy or copies of the returns whether or not the contradiction or difference is the result of tampering, alteration or falsification of the original or any copy or copies thereof after they had been signed by the Board of Inspectors; and should it so find, it shall direct the Board to use whichever document or documents it finds authentic.

Should the Court entertain any doubt as to which document is authentic, or should the contradiction or difference in their contents be an authentic discrepancy, and if there are no visible signs on the key or on the clamp to which the key is attached and/or on the ballot box of an attempt to open the box or replace the key nor signs of welding on any side which would give the court reasonable grounds to believe that the integrity of the ballot box has been violated, it may proceed to recount the votes cast in the precinct for the sole purpose of determining which is the true result of the count of the votes cast in the precinct in question: Provided , however , That if upon opening there are extraneous matters or visible signs of replacement or tampering, the court may not proceed to recount and shall forthwith close and seal the ballot box and deliver the same to the Commission on Elections for safekeeping.

Should it be impossible to determine the true result of the count, the court shall instruct the Board that no votes shall be counted from the precinct.

Whenever all the members of the Board of Elections Inspectors certify that they have committed an error or an omission in preparing an election return, on unanimous motion of the Board or of any candidate affected, and upon proof of notice to all candidates in the district, the proper Court of First Instance shall, after verifying the error or omission, proceed to correct the return.

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.

In addition to and supplementing prohibited acts provided for in the Revised Election Code, in the election of delegates:

Likewise, no head of any executive department, bureau or office, official or officer nominated or appointed by the President of the Philippines, head or appointing officer of any government-owned or controlled corporation, shall intervene in the nomination of any such candidate, or in the filing of his certificate of candidacy or give aid or support, directly or indirectly, material or otherwise, in favor of or against his campaign for election.

The coercion referred to in this section shall include, but shall not be limited to, any of the following acts:

The Commission shall not grant the authority sought unless it is satisfied that the position to be filled is essential to the proper functioning of the office or agency concerned, and that the position shall not be filled in a manner that may influence the election for delegate.

As an exception to the foregoing provisions, a new employee may be appointed in case or urgent need: Provided , however , That notice of the appointment shall be given to the Commission and to all candidates within the district within three days from the date of the appointment.

Any appointment or hiring in violation of this provision shall be null and void.

Should a calamity or disaster occur, all releases normally or usually coursed through the said departments and offices shall be turned over to and administered and disbursed by the Philippine National Red Cross, subject to the supervision of the Auditor General or his representative, and no candidate or his or her spouse shall be present during the distribution of any relief or other goods to the victims of the calamity or disaster.

Nothing in this section shall be construed as in any manner affecting, or constituting an impairment of, the power of the President as Commander-In-Chief of all armed forces of the Philippines.

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.

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.

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.

The following provisions shall govern election spending and propaganda in the election provided for in this Act:

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

This Act take effect upon its approval.