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.

• Number: Presidential Decree No. 1348
• Sections: 4

Preamble

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:

Section 1 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.

Section 2 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

Section 8-B — 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."