Amending Section 74 of the 1978 Election Code

March 14, 1978

PRESIDENTIAL DECREE NO. 1296-A

AMENDING SECTION 74 OF THE 1978 ELECTION CODE FOR THE PURPOSE OF AUTHORIZING GOVERNMENT OFFICIALS AND EMPLOYEES, INCLUDING MEMBERS OF THE ARMED FORCES, TO VOTE IN THEIR PLACE OF ASSIGNMENT

WHEREAS, under the Constitution, it is the obligation of every citizen qualified to vote, to register and cast his vote;

WHEREAS, government officials and employees and members of the armed forces may find it physically inconvenient if not impossible to comply with said obligation on account of the performance and discharge of their official duties and functions especially when on official mission in places other than where they are registered. acd

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. Section 74 of the 1978 Election Code is hereby amended to read as follows:

"Sec. 74. Qualifications of a voter. — Every citizen of the Philippines, not otherwise disqualified by law, eighteen years of age or over, who shall have resided in the Philippines for one year and in the city, municipality or municipal district wherein he proposes to vote for at least six months immediately preceding the election, may register as a voter.

"Any person who transfers to another city, municipality or municipal district solely by reason of his occupation; profession, employment in private or public service; educational activities; work in military or naval reservations; service in the army, navy or air force, the constabulary or national police force; or confinement or detention in government institutions in accordance with law shall be deemed not to have lost his original residence: Provided, That he may register of the city, municipality or municipal district where he is residing for the foregoing reasons if on the date of the election he has already resided therein for at least six months; Provided, further, That any official or employee of the government or any member of the armed forces who on election day is on official duty, assignment or mission in a place other than where he is registered as a voter, shall be allowed to cast his vote in the voting center nearest his place of assignment, camp, barracks or detachment upon proof that he is on official mission and is duly registered as a voter in his place of residence. cd

SECTION 2. This Decree shall take effect immediately.

DONE in the City of Manila, this 14th day of March, in the year of Our Lord, Nineteen Hundred and Seventy-Eight.