PROVIDING FOR THE MANNER OF VOTING AND CANVASS OF VOTES IN BARANGAYS (CITIZENS ASSEMBLIES).

WHEREAS, Presidential Decree No. 210, dated June 8, 1973
provides for a system of registration for members of barangays (Citizens
Assemblies); and

WHEREAS, the collective views of the members of barangays
(Citizens Assemblies) should be ascertained with accuracy so that their
decisions on national or local issues be given effect;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines, and pursuant to
Proclamation No. 1081 dated September 21 1972, and General Order No. 1, dated
September 22, 1972, do hereby order and decree to be part of the laws of the
land the following:

SECTION 1. Supervision of the Commission on
Elections. — The Commission on Elections shall, in addition to the powers
and functions conferred upon it by the constitution, exercise supervision and
control over the conduct of voting and canvass of vote referendums and/or other
consultations in barangays (Citizens Assemblies) and shall exercise and perform
such other powers and functions as may be necessary to implement this
Decree.

SEC. 2. General meeting of barangay members. —
Whenever a period has been fixed or the holding of a referendum and/or
consultation during which the members of baragays(Citizens Assemblies) decide
and vote on issues, national and local, the barrio captain or baragay head shall
immediately call a general meeting to all the members of the baragay for the
purpose of informing them of the date and dates of the referendum and/or
consultation, the places of voting and the issue or issues to be resolved.

During this general meeting, there shall be full and constructive discussions
and exchange of views on the issue or issues to be resolved among the members of
the baragays.

The barrio captain or barangay head may, in his discretion, call as many
meetings as may be necessary for the purpose.

SEC. 3. baragay referendum committee. — Not later
than ten days before the day of the voting, the Commission on Election shall
appoint a baragay referendum committee for each barrio or baragay to conduct the
voting and count the votes cast herein. The committee shall be composed of a
representative of the Commission on Elections who shall act as chairman, a
member of the barrio or baragay council, and a public schoolteacher in the
barrio or baragay.

In case of non-availability or absence of any of those enumerated in the
preceding paragraph, the Commission may appoint as substitute any registered
member of the barrio or baragay.

Public schoolteachers who are appointed members of the barangay referendum
committee may vote in the barangay center where they are assigned on the day of
voting

SEC. 4. Designation of barangay center. — Not later
than ten days before the day of voting, the Commission on Elections shall
designate a barangay center or centers for each barrio or barangay which shall
preferably be the barrio hall or any public building whet members of the
barangay can cast their votes: Provided, That in barrios or barangays
where there are more than six hundred registered members, the Commission may
authorize the establishment of as many barangay centers for voting purposes in
order to facilitate the casting and counting of votes.

SEC. 5. Observers. — The Commission on Elections
may designate in each barangay center not more than five observers, who are
members of the barangay. The observers shall have the following powers and
duties:

1. To call the attention of the chairman of the barangay referendum committee
   on any irregularity committed during the referendum.
2. To report to the election registrar any irregularity committed by the
   barangay referendum committee.
3. To assist the barangay referendum committee in ensuring the orderly conduct
   of voting in the barangay center whenever so directed by the chairman of the
   committee.

SEC. 6. Who may vote. — Every registered member of
the barangay who, on the day of the referendum personally appears before the
barangay referendum committee shall be entitled to cast his vote.

Any person whose name has been omitted, for any reason, in the barangay list
(Barangay Form No. 2), shall, upon presentation of his barangay registration
record, or upon showing that his name is included in the list used in the
January 1973 referendum or in the permanent list of voters of the city.,
municipality or municipal district pursuant to the Election Code of 1971, shall
be allowed to vote.

SEC. 7. Official barangay ballots. — The official
ballots shall be of uniform size and color throughout the Philippines and shall
he provided at public expense. Said ballots shall be in the shape of a
strip with stubs and coupons containing detachable numbers of the ballots and a
space for the thumbmark of the voter, and shall bear at the top on the middle
portion thereof the coat of arms of the Republic of the Philippines, the words
“Barangay Ballot,” and the date of the voting, and the following note: “Fill out
this ballot secretly inside the booth. Do not put any distinctive mark in any
part of this ballot,” and the question or questions to be submitted for the
determination of the people.

The ballots shall be bound in separate books of two hundred ballots each.
There shall not be anything printed on the reverse side of the ballot.

Ballots in cities, municipalities, and municipal districts where Arabic is of
general use, shall have translations of the question or questions printed in
Arabic in addition to and immediately below the English text.

SEC. 8. Casting of votes. — Voting shall be by
secret ballot which shall be conducted in the barangay center designated by the
Commission. It shall start promptly at seven o’clock in the morning and close at
six o’clock in the afternoon.

Each voter shall have the right to vote in the order of his entrance to the
barangay center, identifying himself to the barangay referendum committee, who
will check his name against the barangay list.

All disputes as to procedure before and during the voting shall be decided by
the barangay referendum committee by majority vote.

SEC. 9. Ballot Boxes. — There shall be two ballot
boxes for every barangay center. One ballot box shall contain the ballots of
voters fifteen years of age and under eighteen, and the second box for ballots
of voters eighteen years of age and above.

SEC. 10. Manner of obtaining and preparing the
ballot. — The voter shall approach the chairman of the barangay referendum
committee and shall give his name and address together with other data
concerning his person. If he is entitled to vote in accordance with Section six
hereof, the chairman shall announce his name distinctly and loud enough to be
heard clearly throughout the barangay center. The chairman shall then deliver to
the voter one ballot correctly folded and require the voter to sign his name in
the proper column in the record of voters prescribed by the Commission. The
voter shall forthwith go to a vacant voting booth and prepare his ballot in
secret. After the voter has filled his ballot he shall fold it in the same
manner as when he received it and affix his thumbmark on the corresponding space
in the coupon, and deliver the folded ballot to the chairman. The chairman, in
the presence and in the view of the voter and all the members of the committee,
without unfolding the ballot, shall remove the coupon and shall deposit the
folded ballot, in the compartment for barangay ballots and the detached coupon
in the compartment therefor of the proper ballot box as prescribed under Section
9 hereof.

SEC. 11. Preparation of ballot for illiterate or
disabled person. —A registered voter who is illiterate or physically unable
to prepare the ballot by himself may choose a person of his confidence to assist
him in the preparation of his ballot, preferebly a relative by affinity or
consanguinity within the fourth civil degree. The person thus chosen shall
prepare the ballot for the illiterate or disabled voter inside the voting booth.
The person assisting shall bind himself in a formal document to be prescribed by
the Commission, not to reveal the contents of the ballot prepared by him.

SEC. 12. Closing of voting. — The casting of vote
shall stop promptly at six o’clock in the afternoon except when there are
barangay members present within 30 meters in front of the barangay center
waiting to cast their votes, in which case the voting shall continue only as
long as it takes these votes without interruption.

As soon as all the voters in the barangay center entitled to vote have cast
their votes, the chairman shall formally announce to the public that the voting
in the center is closed.

SEC. 13. Manner of counting the votes. — The
ballots contained in the ballot box for voters fifteen years of age and under
eighteen shall be counted ahead of the ballot box containing the ballots of
voters eighteen years and above. The counting of votes shall be made in the
following manner: The committee shall form separate piles of two hundred ballot
fully extended which shall be held together with rubber bands. The Chairman of
Committee shall take the ballots of the first file one by one and read the votes
in the order in which they appear thereon, assuming such a position as would
unable all or at least a majority of the observers to read such votes. The other
member of the committee shall record on the proper tally sheet the affirmative
and negative votes as they are read. Each vote shall be recorded by a vertical
line except every fifth vote which shall be recorded by a diagonal line crossing
the previous four vertical lines. The Third member of the committee shall watch
the preparation of the tally sheet. After all the votes casts by those fifteen
years of age and under eighteen have been counted, the committee shall sum up
the totals recorded for affirmative and negative votes and the aggregate sum
shall be recorded on the tally sheet.

The same procedure prescribed in the preceding paragraph shall be followed in
the of the case of the votes cast by those who are eighteen years of age and
above.

SEC. 14. Referendum results. — Immediately after
the count, the barangay referendum committee shall prepare and certify in a form
to be prescribed by the Commission on Elections two copies of the referendum
results showing the voting in the barrio or barangay. The result shall indicate
the date of the voting, the name of the barrio or barangay and the city,
municipality or municipal district and province where the barrio or barangay is
situated, the number of members of the barangay, the number of members who voted
the total number of affirmative votes cast and the total number of negative
votes cast for each issue submitted to the members of the barangay, writing out
said numbers in words and in figures. Each copy of the results shall be enclosed
in a special envelope provided for the purpose and shall be distributed
as follows: The original shall be transmitted to the Commission on Elections in
the manner it may direct and the second copy shall be kept on file by the barrio
captain or barangay head.

It is understood that the referendum results will be separately prepared for
each of the age groupings in accordance with Section 9 hereof.

SEC. 15. Canvass by the Commission on Elections. —
On the day of the voting, the Commission on Elections shall convene en bane to
canvass the referendum results certified by the barangay election committee of
each barrio or barangay and, on the basis of said canvass, proclaim the result
thereof.

In case there are referendum results which are missing and the votes therein
will not affect the result of the voting, the Commission on Elections may
terminate the canvass and proclaim the result of the voting on the basis of the
available referendum results.

SEC. 16. Postponement of referendum. — When for any
serious cause such as calamities, floods, or other force majeure, violence,
terrorism, loss or destruction of referendum paraphernalia or records, and other
analogous causes of such a nature that the holding of a referendum becomes
impossible in any barangay center or political division or subdivisions, the
Commission on Elections, upon verified petition and after due notice and
hearing, shall postpone the referendum therein to such time as it may deem
necessary, but on a date reasonably close to the date of the referendum not held
or suspended.

SEC. 17. Prohibited acts. — The following shall be
guilty of an offense punishable by imprisonment of not less than one month nor
more than six months:

1. Any foreigner who shall aid, directly or indirectly, or take part in or
   influence in any manner the outcome of any referendum or shall contribute or
   make any expenditure in connection therewith;
2. Any voter or any other person who gives or accepts free of charge, directly
   or indirectly, transportation, food, or drinks during a public meeting and
   during the three hours before and after such meeting, on the day preceding the
   referendum and on the day of the referendum; or who gives or contributes,
   directly or indirectly, money or things of value for such purposes;
3. Any person who solicits votes or undertakes any propaganda on the day of the
   referendum for or against any issue within the barangay center and within a
   radius of thirty meters thereof;
4. Any public officer, or officer of any commercial, industrial, agricultural,
   economic or social enterprise, private corporation or association, or any
   employer, who coerces or intimidates or compels directly or indirectly, any of
   his subordinates or employees, to aid, campaign or vote for or against any issue
   in any referendum;
5. Any officer, member or employee of the Armed Forces of the Philippines or
   any member thereof without specific authority to assist the Commission in
   maintaining a free, orderly and honest referendum, or any member of a police
   force who shall influence in any manner any referendum or take part therein,
   except to vote if entitled thereto or to preserve public order, if he is a peace
   officer;
6. f) Any person who, without authority, prints or causes the printing of any
   barangay ballot that appears as official ballot; or who distributes or causes
   the same to be distributed to be used in the referendum, whether or not they are
   actually used;
7. g) Any person who, without authority, keeps, uses or carries out or causes
   to be kept, used or carried out, any official ballot or printed proof thereof,
   type-form mould, electrotype printing plates and any other plates, numbering
   machines and other printing paraphernalia being used in connection with the
   printing of official ballots;
8. h) Any official or employee of any printing establishment or of the
   Commission or any member of the committee in charge of the printing of official
   ballots who causes official ballots to be printed in quantities exceeding those
   authorized by

   the Commission or who distributes, delivers, or in any manner disposes or
   causes to be distributed, delivered, or disposed of, any official ballots to any
   person or persons not authorized by law or by the Commission to receive or keep
   official ballots or who sends or causes them to be sent to any place not
   designated by law or by the Commission;

9. Any person who opens the package of any pad or official ballots before the
   hour fixed for the start of the voting in the barrio or barangay center on
   referendum day;
10. Any person who, being a registered voter of the barrio or barangay fails to
    cast his vote without justifiable excuse;
11. Any person who votes more than once in the same referendum;
12. Any person who votes in substitution for another whether with or without the
    latter’s knowledge and/or consent;
13. Any person who avails himself of any scheme to discover the contents of the
    ballot of a voter who is preparing or casting his vote or who has just voted,
    except as otherwise authorized in this Decree;
14. Any voter, who in the course of voting, uses a ballot other than the one
    given by the barangay election committee or who has in his possession more than
    one official ballot;
15. Any person who places under arrest or detains a voter without lawful cause,
    or molests him in such a manner as to obstruct or prevent him from going to the
    barangay center to cast his vote or from returning home after casting his vote
    or to compel him to reveal how he voted;
16. Any member of the barangay election committee charged with the duty of
    reading the ballots during the counting of votes who deliberately omits to read
    the vote duly written on the ballot, or misreads the vote actually written
    thereon or reads a vote where no vote is written on the ballot;
17. Any person who, without authority, acts as, or assumes or performs any
    function of, a member of the barangay election committee, or deputy or
    representative of the Commission;
18. Any person who, in the presence or within the hearing of the barangay
    election committee during any of its meeting, conducts himself in a disorderly
    manner in such a way as to interrupt or disrupt its work or proceedings to the
    end of preventing said body from performing its functions, either partly or
    totally;
19. Any person who, for the purpose of disrupting or obstructing referendum
    processes or causing confusion among the voters propagates false and alarming
    reports or information regarding any matter related to the printing of the
    official ballots, the postponement of referendums, and the transfer of barangay
    centers;
20. Any person who, without or against the lawful order of the Commission, holds
    or causes the holding of a referendum on a day other than that fixed by law or
    by the Commission, or stops a referendum being legally held, or who holds a
    referendum not legally authorized;
21. Any person who, without legal authority, destroys, or takes away from the
    possession of those having legal custody thereof, or from the place where they
    are legally deposited, any ballot box which contains official ballots or other
    documents used in the referendum or any referendum results;
22. Any person having legal custody of the ballot box containing the official
    ballots used in the referendum who opens or destroys said box or removes or
    destroys its contents without or against the order of the Commission; or who
    tampers with the same or any of its contents; or who through commission or
    negligence enables any person to commit any of the aforementioned acts, or take
    away said ballot box from his custody;
23. Any public official or any person acting in his behalf, who relieves any
    member of the barangay referendum committee or who changes or causes the change
    of the assignment of members of said committee without authority of the
    Commission;
24. Any member of the barangay referendum committee who knowingly uses ballots
    other than the official ballots, except in those cases where the use of
    emergency ballots is authorized by the Commission;
25. Any provincial, city, municipal and municipal district treasurer who
    neglects or fails to properly preserve and account for any ballot box,
    documents, forms and other referendum supplies and materials received by him and
    kept under his custody; and
26. Any person who reveals the contents of any ballot in violation of Section 10
    of this Decree.

SEC. 18. Jurisdiction of court. — The municipal or
city courts as the case may be shall have jurisdiction over all the offenses
punishable under this Decree, subject to appeal to the court of first instance
the decision of which shall be final.

SEC. 19. Prosecution of offenses. — The Commission
on Elections shall, through its duly authorized legal officers, have the power
to conduct preliminary investigation of all election offenses punishable by this
Decree and to prosecute the same.

SEC. 20. Promulgation of rules and regulations. —
The Commission on Elections shall promulgate such rules and regulations and
prescribe such forms necessary to carry out the provisions of this Decree.

The Commission on Elections may procure any supplies, materials or services
needed for the holding of the referendum either by negotiation or through sealed
quotations if it finds the requirements of public bidding impracticable to
observe.

The Commission may hire under contractual basis the services of personnel if
this method is found to be more expedient and economical.

If upon the effectivity of this Decree, it should no longer reasonably be
possible to observe the periods and dates herein prescribed, the Commission on
Elections shall promulgate rules and regulations governing the same.

SEC. 21. Repealing clause. — All laws, executive
orders, decrees, rules and regulations, or parts thereof, inconsistent with the
provisions of this Decree are hereby repealed, amended or modified
accordingly.

SEC. 22. Appropriations. — The sum of Four Million
Five Hundred Thousand Pesos is hereby appropriated out of any funds in the
National Treasury not otherwise appropriated to be spent under the exclusive
authority of the Commission on Elections to carry out the purposes of this
Decree.

SEC. 23. Effectivity. — This Decree shall take
effect immediately.

Done in the City of Manila, this 28th day of June, in the year of Our Lord,
nineteen hundred and seventy-three.

			(Sgd.) FERDINAND E. MARCOS President Republic of the Philippines
	By the President:
	(Sgd.) ROBERTO V. REYES
		Assistant Executive Secretary

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^[*] Amended by Presidential Decree Nos. 249
and 253.