Amending Certain Sections of 1978 Election Code

December 17, 1979

PRESIDENTIAL DECREE NO. 1655

AMENDING CERTAIN SECTIONS OF THE 1978 ELECTION CODE TO GRANT THE COMMISSION ON ELECTIONS THE POWER TO TRANSFER OR REASSIGN ELECTION REGISTRARS, PROVINCIAL ELECTION OFFICERS, ELECTION DEPUTY REGIONAL DIRECTORS AND ELECTION REGIONAL DIRECTORS

WHEREAS, experience in past elections has demonstrated the wisdom of granting the Commission on Elections maximum flexibility in the performance of its constitutional powers and functions;

WHEREAS, the holding of free, orderly and honest elections depends in large measure on the integrity, efficiency and sense of responsibility of the field personnel of the Commission on Elections. cd

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby decree as follows:

SECTION 1. Election Registrar. — Section 76 of the 1978 Election Code is hereby amended to read as follows:

"Sec. 76. Election Registrar. — There shall be in each city, municipality and municipal district at least one election registrar and a clerk appointed by the Commission. In the interest of free, orderly and honest elections and whenever the exigencies of the service require, the Commission may transfer or change the place of assignment of any election registrar; Provided, However, that any such registrar transferred or reassigned shall not suffer any demotion in rank or salary.

"In large cities or municipalities, there shall be at least one registrar for every eighty thousand registered voters. The Commission on Elections shall designate the jurisdiction of each registrar.

"The salaries for the positions of election registrar and clerk in the city, municipality and municipal district shall be at such rate as may be determined by the position classification to be made by the Commission: Provided, however, That whenever the exigencies of registration so require, the Commission may at its discretion appoint an election registrar, attach a city, municipality or municipal district to another political sub-division for purposes of registration, or designate the city, municipal or municipal district treasurer or any employee of the Commission as acting election registrar with additional compensation to be fixed by the Commission but not exceed fifty per cent of his salary.

"The local government concerned shall provide a suitable place for the office of the election registrar: Provided, That in case of failure of the local government to provide such suitable place, the election registrar, upon prior authority of the Commission and notice to the local government concerned, may lease another place for his office and the rentals thereof shall be chargeable to the funds of said local government."

SECTION 2. Transfer of Provincial Election Officer, Deputy Regional Director or Regional Director. — A new Section to be known as "SECTION 78-A" shall be inserted between Sections 78 and 79 of the 1978 Election Code and shall read as follows:

"Sec. 78-A. Transfer of Provincial Election Officer, Deputy Regional Election Director, or Regional Election Director. — In the interest of free, orderly and honest elections and whenever the exigencies of the service require, the Commission may likewise transfer or change the place of assignment of any Provincial Election Officer, Deputy Regional Election Director or Regional Election Director without demotion in rank or salary."

SECTION 3. Effectivity. — This decree shall take effect immediately.

DONE in the City of Manila, this 17th day of December, in the year of Our Lord, Nineteen Hundred and Seventy-Nine.

Published in the Official Gazette, Vol. 75 No. 53, 10577-23 Supp., on December 31, 1979.

Published in the Official Gazette, Vol. 76 No. 3 Page 403 on January 21, 1980.