An Act to Amend Act Numbered Fifteen Hundred and Eighty-Two, Known as “The Election Law," by Disqualifying Certain Persons from Holding Provincial or Municipal Offices and Authorizing the Governor-General to Remove Ineligible Persons from Office

September 27, 1907

ACT NO. 1726

AN ACT TO AMEND ACT NUMBERED FIFTEEN HUNDRED AND EIGHTY-TWO, KNOWN AS “THE ELECTION LAW," BY DISQUALIFYING CERTAIN PERSONS FROM HOLDING PROVINCIAL OR MUNICIPAL OFFICES AND AUTHORIZING THE GOVERNOR-GENERAL TO REMOVE INELIGIBLE PERSONS FROM OFFICE

SECTION 1. The sixth paragraph of section twelve of Act Numbered Fifteen hundred and eighty-two, known as "The Election Law," as amended, is hereby amended to read as follows:

"Unless fully pardoned, no person who is under judgment of conviction of a crime which is punishable by imprisonment for two years or more or which involves moral turpitude, regardless of whether or not an appeal is pending in action, shall hold any public office, and no person disqualified from holding public office by the sentence of a court, whether or not an appeal is pending in the action, or so disqualified under the provisions of Act Numbered Eleven hundred and twenty-six, as amended, shall be eligible to hold public office during the term of his disqualification." HEITAD

SECTION 2. Section twelve of said Act Numbered Fifteen hundred and eighty-two is hereby further amended by adding at the end thereof a new paragraph to read as follows:

"The Governor-General, upon receipt of proof satisfactory to him that an ineligible person is holding any provincial or municipal office or employment, may summarily remove such person."

SECTION 3. The second paragraph of section twenty-five of said Act Numbered Fifteen hundred and eighty-two is hereby amended to read as follows:

"Upon the filing of said certificate in the office of the Executive Secretary, the Governor-General shall confirm the election of each of the candidates so certified unless there be a contest pending and undetermined in the courts, in which case he shall withhold confirmation with respect to any person involved in such contest until a certified copy of the decision of the court shall have been filed with the Executive Secretary. The Governor-General may refuse to confirm the election of any elective provincial officer if there is reasonable ground to suspect his loyalty to the constituted authorities, or if there is, in the opinion of the Governor-General, reasonable ground to believe that such person is morally unfit to hold public office, or in case, in the opinion of the Governor-General, such person has a bad reputation for morality, honesty, and uprightness in the community in which he lives. In case of refusal to confirm the election of any provincial officer the Governor-General, with the advice and consent of the Philippine Commission, may appoint a suitable person to fill the vacancy for the full term and until the election and qualification of a successor or, in his discretion, may call a special election to fill the office as provided in section four hereof, and at such special election a person whose confirmation was so refused shall be ineligible and no vote shall be counted or canvassed for him."

SECTION 4. The public good requiring the speedy enactment of this bill the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred.

SECTION 5. This Act shall take effect on its passage.

ENACTED, September 27, 1907.