Presidential Decree No. 1348 (PD 1348) — Amending the 1978 Election Code by Inserting New Provisions Therein Providing for Substitution of a Candidate Who Dies, Fails to Qualify or Is Incapacitated After the Election but Before Proclamation or Before Assumption of Office.
WHEREAS, the 1978 Election Code does not provide for
substitution of a candidate for the interim Batasang Pambansa who dies,
fails to qualify or is incapacitated after the election but before the
proclamation or assumption of office;
WHEREAS, it is prudent that provision be made for the
contingencies mentioned in the preceding paragraph to forestall confusion and/or
deprivation of complete representation of any constituency in the
interim Batasang Pambansa;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers in me vested by the Constitution, do hereby
decree as follows:
Inserting Sec. 8-A and Sec. 8-B in the 1978 Election Code.
SECTION 1. Inserting Sec. 8-A and Sec. 8-B in the 1978
Election Code. — New sections to be designated as Sec. 8-A and Sec. 8-B
shall be inserted between Sections 8 and 9 of the 1978 Election Code to read as
follows:
"SEC. 8-A. SUBSTITUTION OF A CANDIDATE WHO DIES, FAILS
TO QUALIFY OR IS INCAPACITATED BEFORE PROCLAMATION. — THE VOTES OBTAINED BY
A CANDIDATE WHO DIES, FAILS TO QUALIFY OR IS INCAPACITATED AFTER THE DAY OF THE
ELECTION BUT BEFORE PROCLAMATION OF THE WINNERS IN THE ELECTION FOR MEMBERS OF
THE INTERIM BATASANG PAMBANSA SHALL CONTINUE TO BE CANVASSED BY THE
REGIONAL BOARD OF CANVASSERS AND IF AFTER SAID CANVASS, THE CANDIDATE WHO DIED,
FAILED TO QUALIFY OR WAS INCAPACITATED IS ONE OF THE WINNERS, THE SEAT FOR WHICH
HE WAS A CANDIDATE SHALL BE FILLED IN THE FOLLOWING MANNER:
IN THE CASE OF A CANDIDATE WHO WAS OFFICIALLY NOMINATED BY A POLITICAL PARTY
OR GROUP, THE INTERIM BATASANG PAMBANSA SHALL APPOINT THE REPLACEMENT
UPON NOMINATION OF THE POLITICAL PARTY OR GROUP WHICH NOMINATED THE DECEASED
CANDIDATE.
IN THE CASE OF A CANDIDATE WHO DID NOT BELONG TO THE OFFICIAL TICKET OF ANY
POLITICAL PARTY OR GROUP, THE INCUMBENT PRESIDENT OF THE PHILIPPINES SHALL
NOMINATE AND WITH THE CONSENT OF THE INTERIM BATASANG PAMBANSA, APPOINT
THE REPLACEMENT OF THE DECEASED.
Effectivity.
SEC. 2. Effectivity. — This decree shall take
effect immediately.
DONE in the City of Manila, this 10th day of April, in the Year of Our Lord,
nineteen hundred and seventy-eight.
(Sgd.) FERDINAND E. MARCOS
President of the
Philippines
By the President:
(Sgd.) JACOBO C. CLAVE
Presidential Executive
Assistant
— REPLACEMENT OF A MEMBER-ELECT WHO DIES, FAILS TO QUALIFY OR IS INCAPACITATED BEFORE OATH-TAKING.
SEC. 8-B — REPLACEMENT OF A MEMBER-ELECT WHO DIES, FAILS
TO QUALIFY OR IS INCAPACITATED BEFORE OATH-TAKING. — THE PROVISIONS OF THE
PRECEDING SECTION SHALL APPLY IN THE CASE OF A MEMBER-ELECT WHO DIES, FAILS TO
QUALIFY OR IS INCAPACITATED BEFORE ASSUMPTION OF OFFICE."
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
