EXECUTIVE ORDER NO. 94 December 17, 1986

AMENDING CERTAIN PROVISIONS OF THE OMNIBUS ELECTION CODE OF THE PHILIPPINES FOR PURPOSES OF THE FEBRUARY 2, 1987 PLEBISCITE AND FOR OTHER PURPOSES

WHEREAS, while Section 5, Executive Order No. 50, promulgated on October 20, 1986, abolished political party representation in the Board of Election Inspectors, there are other provisions of the Omnibus Election Code of the Philippines which require representation of the ruling party and the dominant opposition party in the Board of Canvassers (Section 221) as well in certain pre-plebiscite activities (Section 182, 186, 187, 189, 214, 229, and 230), which should be amended consistent with said Section 5, Executive Order No. 50;

WHEREAS, in the interest of free, orderly and honest conduct of the plebiscite, there is an immediate necessity to amend Section 52, paragraph (c) of the Omnibus Election Code of the Philippines so as to empower the Commission on Elections to promulgate expeditiously rules and regulations for the plebiscite on February 2, 1987, considering time element involved;

NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, do hereby order:

Sec. 1. Plebiscite Board of Canvassers. There shall be a Board of Canvassers for each province, city and district of Metropolitan Manila as follows:

The Provincial Board of Canvassers shall be composed of: (a) the Provincial Election Supervisor, as Chairman; (b) the Provincial Fiscal, as Vice- Chairman; and (c) the Provincial Superintendent of Schools, as member.

The City Board of Canvassers shall be composed of: (a) the Election Registrar who shall be a lawyer, or a lawyer of the Commission, as chairman; (b) the City Fiscal, as member; and (c) the City Superintendent of Schools, as member.

The District Board of Canvassers for the municipalities in Metropolitan Manila shall be composed of: (a) a lawyer to be designated by the Commission, as chairman; (b) a ranking fiscal from any of the thirteen municipalities, as member; and (c) the most senior district school supervisor in any of the said municipalities, as member. The members shall be appointed by the Commission on Elections upon consultation with the Ministry of Justice and the Ministry of Education, Culture and Sports, respectively.

The accredited and registered major political parties shall similarly have no representation in all other boards, committees or similar bodies or in any pre-plebiscite activity in Sections 172, 186, 187, 189, 214, 229 and 230 of the Omnibus Election Code of the Philippines.

Sec. 2. Voting privilege of members of Board of Election Inspectors. The members of the Board of Election Inspectors may register and vote in the precincts of their assignments provided they are residents and registered voters of the same city or municipality.

Sec. 3. Prohibition on barangay officials. No barangay official shall be appointed as members of the Board of Election Inspector or as official watcher of each major duly registered political party or any socio-civic, religions, professional or any similar organization of which they may be members.

Sec. 4. Effectivity of rules and regulations promulgated by the Commission on Elections. The Commission on Elections shall promulgate the necessary rules and regulations to implement this Executive Order and the pertinent provisions of the Omnibus Election Code of the Philippines. For this purpose, the pertinent provisions of Section 52, paragraph (c) of the Omnibus Election Code of the Philippines are hereby amended to read as follows:

"rules and regulations promulgated by the Commission shall take effect after three (3) days following the publication thereof in at least two (2) daily newspapers of general circulation."

Sec. 5. Repealing Clause. All laws, orders, issuances, rules and regulations or parts thereof inconsistent with this Executive Order are hereby repealed or modified accordingly.

Sec. 6. Effectivity. This Executive Order shall take effect immediately.

Done in the City of Manila, this 17th day of December, in the year of Our Lord, nineteen hundred and eighty-six.


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