Thursday, September 10, 2009

OEC V - Election of Members of the Regional Assembly of the Autonomous Regions

Article V

ELECTION OF MEMBERS OF THE REGIONAL ASSEMBLY
OF THE AUTONOMOUS REGIONS



Section Details

Sec.  31. The Sangguniang Pampook of the autonomous regions. - Region IX and Region XII in southern Philippines shall each have a Sangguniang Pampook to be composed of twenty-seven members and shall include seventeen representatives elected from the different provinces and cities of each region, and a sectoral representative each from among the youth, agricultural workers, and non-agricultural workers (industrial labor) of each region to be selected in the manner herein provided whose qualifications and disqualifications are the same as Members of the Batasang Pambansa.

The President shall appoint an additional seven representatives in each region whenever in his judgment any other sector is not properly represented in the Sangguniang Pampook as a result of the elections.

Sec. 32. Apportionment of members of the Sangguniang Pampook. - The Members of the Sangguniang Pampook of Region IX and of Region XII shall be apportioned as follows:

     Region IX:
          Basilan, one (1);
          Sulu, three (3);
          Tawi-Tawi, one (1);
          Zamboanga del Norte
              including the cities of Dipolog and Dapitan, four, (4);
          and Zamboanga del Sur,
              including the City of Pagadian, six (6); and Zamboanga City, two (2);
     Region XII:
          Lanao del Norte, two (2);
          Iligan City, one (1);
          Lanao del Sur
              including the City of Marawi, four (4);
          Maguindanao
              including the City of Cotabato, four (4);
          North Cotabato, four (4); and
          Sultan Kudarat, two (2).

Sec. 33. Election of members of Sangguniang Pampook. - The candidates for the position of seventeen representatives to the Sangguniang Pampook of Region IX and of Region XII shall be voted at large by the registered voters of each province including the cities concerned.

The candidates corresponding to the number of member or members to be elected in a constituency who receive the highest number of votes shall be declared elected.

Sec. 34. Selection of sectoral representatives. - The President shall, within thirty days from the convening of each Sangguniang Pampook, appoint the sectoral representatives on recommendation of the Sangguniang Pampook and after due consultation with the representative and generally recognized organizations or aggrupations of members of the youth, agricultural workers and non-agricultural workers as attested by the Ministers of Local Government and of Education, Culture and Sports (youth), Ministers of Agrarian Reform and of Agriculture and Food (agricultural workers), and Ministers of Labor and Employment (non-agricultural or industrial labor).

The President of the Philippines shall in writing notify the Speaker of the Sangguniang Pampook of each region of the appointment made by him of any sectoral representative.
The sectoral representatives shall have the same functions, responsibilities, rights, privileges, qualifications and disqualifications as the elective provincial representatives to the Sangguniang Pampook: Provided, however, That no defeated candidate for member of the Sangguniang Pampook in the immediately preceding election shall be appointed as sectoral representative.

Sec. 35. Filling of vacancy. - Pending an election to fill vacancy arising from any cause in the Sangguniang Pampook, the vacancy shall be filled by the President, upon recommendation of the Sangguniang Pampook: Provided, That the appointee shall come from the same province or sector of the member being replaced.

Sec. 36. Term of office. - The present members of the Sangguniang Pampook of each of Region IX and Region XII shall continue in office until June 30, 1986 or until their successors shall have been elected and qualified or appointed and qualified in the case of sectoral members.  They may not be removed or replaced except in accordance with the internal rules of said assembly or provisions of pertinent laws.

The election of members of the Sangguniang Pampook of the two regions shall be held simultaneously with the local elections of 1986.  Those elected in said elections shall have a term of four years starting June 30, 1986.

Those elected in the election of 1990 to be held simultaneously with the elections of Members of the Batasang Pambansa shall have a term of six years.

OEC IV - Election of Local Officials

Article IV

ELECTION OF LOCAL OFFICIALS



Section Details

Sec. 29. Regular elections of local officials. - The election of provincial, city and municipal officials whose positions are provided for by the Local Government Code shall be held throughout the Philippines in the manner herein prescribed on the first Monday of May, Nineteen hundred and eighty-six and on the same day every six years thereafter.

The officials elected shall assume office on the thirtieth day of June next following the election and shall hold office for six years and until their successors shall have been elected and qualified.

All local incumbent officials whose tenure of office shall expire on March 23, 1986 shall hold office until June 30, 1986 or until their successors shall have been elected and qualified: Provided, That they cannot be suspended or removed without just cause.

Sec. 30. Component and highly urbanized cities. - Unless their respective charters provide otherwise, the electorate of component cities shall be entitled to vote in the election for provincial officials of the province of which it is a part.

The electorate of highly urbanized cities shall not vote in the election for provincial officials of the province in which it is located: Provided, however, That no component city shall be declared or be entitled to a highly urbanized city status within ninety days prior to any election.

OEC III - Election of Members of the Batasang Pambansa

Article III

ELECTION OF MEMBERS OF THE BATASANG PAMBANSA


Section Details

Sec. 21. Regular election of Members of the Batasang Pambansa. - The regular election of the Members of the Batasang Pambansa shall be held on the second Monday of May, Nineteen hundred and ninety (1990) and on the same day every six years thereafter.

Sec. 22. Special election for Members of the Batasang Pambansa. - In case a vacancy arises in the Batasang Pambansa eighteen months or more before a regular election, the Commission shall call a special election to be held within sixty days after the vacancy occurs to elect the Member to serve the unexpired term.

The Batasang Pambansa through a duly approved resolution or an official communication of the Speaker when it is not in session shall certify to the Commission the existence of said vacancy.

Sec. 23. Composition of the Batasang Pambansa. - The Batasang Pambansa shall be composed of not more than two hundred Members elected from the different provinces of the Philippines with their component cities, highly urbanized cities and districts of Metropolitan Manila, those elected or selected from various sectors as provided herein, and those chosen by the President from the members of the Cabinet.

Sec. 24. Apportionment of representatives. - Until a new apportionment shall have been made, the Members of the Batasang Pambansa shall be apportioned in accordance with the Ordinance appended to the Constitution, as follows

National Capital Region:
          Manila, 6;
          Quezon City, 4;
          Caloocan, 2;
          Pasay, 1;
          Pasig and Marikina, 2;
          Las Piñas and Parañaque, 1;
          Makati, 1;
          Malabon, Navotas and Valenzuela, 2;
          San Juan and Mandaluyong, 1;
          Taguig, Pateros and Muntinglupa, 1.
     Region I:
          Abra, 1;
          Benguet, 1;
          Ilocos Norte with Laoag City, 2;
          Ilocos Sur, 2;
          La Union, 2;
          Mountain Province, 1;
          Pangasinan with the cities of Dagupan and San Carlos, 6;
          Baguio City, 1.
     Region II:
          Batanes, 1;
          Cagayan, 3;
          Ifugao, 1;
          Isabela, 3;
          Kalinga-Apayao, 1;
          Nueva Vizcaya, 1;
          Quirino, 1.
     Region III:
          Bataan, 1;
          Bulacan, 4;
          Nueva Ecija with the cities of Cabanatuan, Palayan and San Jose, 4;
          Pampanga with Angeles City, 4;
          Tarlac, 2;
          Zambales, 1;
          Olongapo City, 1.
     Region IV:
          Aurora, 1;
          Batangas with the cities of Batangas and Lipa, 4;
          Cavite with the cities of Cavite, Tagaytay and Trece Martires, 3;
          Laguna with San Pablo City, 4;
          Marinduque, 1;
          Occidental Mindoro, 1;
          Oriental Mindoro, 2;
          Palawan with Puerto Princesa City, 1;
          Quezon with Lucena City, 4;
          Rizal, 2;
          Romblon, 1.
     Region V:
          Albay with Legaspi City, 3;
          Camarines Norte, 1;
          Camarines Sur with the cities of Iriga and Naga, 4;
          Catanduanes, 1;
          Masbate, 2;
          Sorsogon, 2.
     Region VI:
          Aklan, 1;
          Antique, 1;
          Capiz with Roxas City;
          Iloilo with Iloilo City, 5;
          Negros Occidental
              with the cities of Bacolod, Bago, Cadiz, La Carlota, San Carlos and Silay, 7.
     Region VII:
          Bohol with Tagbilaran City, 3;
          Cebu with the cities of Danao, Lapu-Lapu, Mandaue and Toledo, 6;
          Negros Oriental with the cities of Bais, Canlaon and Dumaguete, 3;
          Siquijor, 1;
          Cebu City, 2.
     Region VIII:
          Leyte with the cities of Ormoc and Tacloban, 5;
          Southern Leyte, 1;
          Eastern Samar, 1;
          Northern Samar, 1;
          Samar with Calbayog City, 2.
     Region IX:
          Basilan, 1;
          Sulu, 1;
          Tawi-Tawi, 1;
          Zamboanga del Norte with the cities of Dapitan and Dipolog, 2;
          Zamboanga del Sur with Pagadian City, 3;
          Zamboanga City, 1.
     Region X:
          Agusan del Norte with Butuan City, 1;
          Agusan del Sur, 1;
          Bukidnon, 2;
          Camiguin, 1;
          Misamis Occidental with the cities of Oroquieta, Ozamis and Tangub, 1;
          Misamis Oriental with Gingoog City, 2;
          Surigao del Norte with Surigao City, 1;
          Cagayan de Oro City, 1.
     Region XI:
          Surigao del Sur, 1;
          Davao del Norte, 3;
          Davao Oriental, 1;
          Davao del Sur, 2;
          South Cotabato with General Santos City, 3;
          Davao City, 2.
     Region XII:
          Lanao del Norte, 1;
          Lanao del Sur with Marawi City, 2;
          Maguindanao with Cotabato City, 2;
          North Cotabato, 2;
          Sultan Kudarat, 1;
          Iligan City, 1.

Any province that may hereafter be created or any component city that may hereafter be declared by or pursuant to law as a highly urbanized city shall be entitled in the immediately following election to at least one Member or such number of Members as it may be entitled to on the basis of the number of the inhabitants and on the same uniform and progressive ratio used in the last preceding apportionment.  The number of Members apportioned to the province out of which the new province was created or where the new highly urbanized city is geographically located shall be correspondingly adjusted by the Commission, but such adjustment shall not be made within one hundred twenty days before the election.

Sec. 25. Voting by province and its component cities, by highly urbanized city or by district in Metropolitan Manila. - All candidates shall be voted at large by the registered voters of their respective constituencies. The candidates corresponding to the number of Member or Members to be elected in a constituency who receive the highest number of votes shall be declared elected.

Sec. 26. Sectoral representatives. - There shall be three sectors to be represented in the Batasang Pambansa, namely:
  1. youth;
  2. agricultural labor;
  3. industrial labor

whose representatives shall be elected in the manner herein provided. Each sector shall be entitled to four representatives, two of whom shall come from Luzon, one from Visayas, and one from Mindanao: Provided, That the youth sector shall be entitled to two additional sectoral representatives who shall be elected from any part of the country.

Sec. 27. Scope of the sectors. - The agricultural labor sector covers all persons who personally and physically till the land as their principal occupation.  It includes agricultural tenants and lessees, rural workers and farm employees, owner-cultivators, settlers and small fishermen.

The industrial labor sector includes all non-agricultural workers and employees.

The youth sector embraces persons not more than twenty-five years of age.

Sec. 28. Selection of sectoral representatives. - Not later than twenty days after the election of provincial, city or district representatives, the most representative and generally recognized organizations or aggroupments of members of the agricultural labor, industrial labor, and youth sectors, as attested to by the Ministers of Agrarian Reform and of Agriculture and Food, the Ministers of Labor and Employment, and the Ministers of Local Government and of Education, Culture and Sports, respectively, shall, in accordance with the procedures of said organizations or aggroupments of members of the sector, submit to the President their respective nominees for each slot allotted for each sector.  The President shall appoint from among the nominees submitted by the aforementioned organizations or aggroupments the representatives of each sector.

In recognizing the most representative and generally recognized organizations or aggroupments, the Ministers of Agrarian Reform and of Agriculture and Food, the Minister of Labor and Employment, and the Ministers of Local Government and Education, Culture and Sports shall consider:
  1. The extent of membership and activity of the organization or aggroupment which should be national;
  2. The responsiveness of the organization or aggroupment to the legitimate aspirations of its sector;
  3. The militancy and consistency of the organization or aggroupment in espousing the cause and promoting the welfare of the sector consistent with that of the whole country;
  4. The observance by such organization or aggroupment of the rule of law; and
  5. Other analogous factors.

The President of the Philippines shall, in writing, notify the Secretary-General of the Batasang Pambansa of the appointment made by him of any sectoral representative.

Except as herein otherwise provided, sectoral representatives shall have the same functions, responsibilities, rights, privileges, qualifications and disqualifications as the representatives from the provinces and their component cities, highly urbanized cities or districts of Metropolitan Manila.

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