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:
(A) Certificate of Candidacy.— Candidates shall file with the Commission on Elections their certificates of candidacy, together with a number of clearly legible copies equal to four times the number of polling places in the respective districts in which they are running, at least sixty days before election day and in the manner provided for by the Revised Election Code. The Commission on Elections shall immediately send copies thereof to all the polling places of the district.
The person concerned shall state in his certificate of candidacy that: (1) he announces his candidacy for delegate to the Constitutional Convention in the district in which he is running; (2) he has the same qualifications as those required of members of the House of Representatives; (3) his full name, including maternal surname; (4) his civil status and, if married, the full name of his or her spouse; (5) his age, stating the date and place of his birth; and (6) his post office address for all election purposes.
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.
(B) Non-Application of Limitation Upon Campaign Period.— The provisions of Section 50-B of the Revised Election Code, as amended by Republic Act Numbered 4880, with respect to the limitation upon the period of the election campaign, shall not apply to the election of delegates.
(C) Election Registration Boards.— Within thirty days after the approval of this Act, the Commission on Elections shall appoint as additional members of each Election Registration Board created under Section five of Republic Act Numbered Three thousand five hundred eighty-eight, as amended, two public school teachers, (preference being given to those with the longest service as teachers and as election inspectors), who are registered voters of the municipality, with the powers and compensation as the other members of the board representing political parties: Provided, That neither shall be related to each other, to any member of the Board or any candidate in the district wherein they are to serve, within the fourth civil degree of consanguinity or affinity. The said teachers shall hold office until relieved by the Commission on Elections for cause, or until the day following the election of delegates, whichever is earlier: Provided, Further, That in case one or both teachers are relieved for cause, they shall be replaced by other qualified teachers, the Commission may appoint any private school teacher or employee in the civil service who is a registered voter of the municipality and is not disqualified by reason of relationship as above-stated: Provided, Finally, That the hearing and reception of evidence on applications for registration shall be scheduled only during meetings of the Election Registration Board, and be conducted by the said Board.
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.
(D) Election Precincts and Polling Places.— The Commission on Elections shall fix ninety days before the election the limits of all the election precincts and designate the location of each polling place as required by Section Sixty-three of the Revised Election Code.
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.
(E) Boards of Inspectors.— At least sixty days before the day of election, the Commission on Elections shall appoint a Board of Election Inspectors for each election precinct, to be composed of a Chairman and two members, one of whom shall be designated concurrently as poll clerk, and all of whom shall public school teachers, precedence being given to those who are civil service eligibles, and are registered voters of the district: Provided, That in case of non-availability of public school teachers, the Commission may appoint private school teachers or any officer or employee in the civil service who is a registered voter of the municipality, to fill the vacancy or vacancies. The members of the board as herein constituted shall uniformly receive a per diem of forty five pesos on election day and for every day of work before the election: Provided, However, That the members of the Board shall possess the same qualifications and none of the disqualifications provided for in Section eighty-one of the Revised Election Code, and that no election inspector shall be related to any member of the Board or to any candidate within the fourth civil degree of consanguinity or affinity.
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.
(F) Board of Canvassers.— The canvass of votes and proclamation of delegates elected to the Convention shall be undertaken by the Provincial Board of Canvassers to be composed of the Division Superintendent of Schools, as Chairman; and the Provincial Treasurer, the Provincial Director, the Provincial Fiscal and the most senior District Engineer, as Members: Provided, That in cases where there are two or more Division Superintendents of Schools in a province, the Commission on Elections shall appoint as Chairman the most senior among them, preference being given to the Division Superintendent of Schools who is not a native of the same province. 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.
(G) Canvass and Proclamation.— The Board of Canvassers shall meet as soon as possible within the fifteen days next following the day of election. The Provincial Treasurer or, in the City of Manila, the City Treasurer, shall produce before it statements of the election returns in the different precincts which may have been delivered to him. As soon as all the statements are before it, but not later than fifteen days next following the date of election, the Board shall proceed to make a canvass of all the votes cast in each district of the province or the City of Manila, as the case may be, and shall make separate statements of the votes received by each candidate for delegate for each district. Upon completion of the statement, the Board shall proclaim elected as delegates to the Constitutional Convention the candidates who shall have obtained the highest number of votes corresponding to the number of delegates allotted to the district.
(H) When Statements are Contradictory.— 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.
(I) Correction of Statements.— 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.
(J) Effect of Orders in Pre-Proclamation Controversies.— The decision made in any of the foregoing proceedings shall not be appealable, but it shall only be enforced five working days after receipt thereof by the Board. It shall not be binding in any election protest that may be filed after the proclamation of the winning candidate.