Senate Joint Resolution No. 119

PUBLIC LAWS–CH. 576–DEC. 14, 1945

[CHAPTER 576]

JOINT RESOLUTION

December 14, 1945
[S.J. Res. 119]
[Public Law 258]48 U.S.C., Supp. IV.
$1232 note.

National elections under Commonwealth of the Philippines.

Assumption of office and convening of Congress.

Expiration of terms of office.

Manner of holding elections.

To provide for national elections in the Philippine Islands.

Whereas the interruption of constitutional processes of government in the Philippine Islands due to enemy occupation has prevented the holding of elections in 1948 and 1945 as provided by the constitution of the Philippines; and

Whereas the term of office of the President of the Philippines has been continued by the joint resolution of November 12, 1943 (57 Stat. 590), until such time as a successor has been elected and qualified; and

Whereas the Philippine Congress under the terms of the constitution of the Philippines cannot convene after December 30, 1945, because the terms of office of Members of the House of Representatives and of two-thirds of the Members of the Philippine Senate will have expired on that date; and

Whereas the liberation of the Philippines and the restoration of constitutional processes of democracy in the Commonwealth now permit the holding of an election in the immediate future; and

Whereas the members of the electoral commission responsible for the conduct of the elections have already been appointed by the Commonwealth government in accordance with the constitution and laws of the Commonwealth; and

Whereas the Constitution of the Commonwealth of the Philippines makes no provision for the emergency in which elections though of vital necessity cannot be held at the regularly scheduled time; and

Whereas it is the desire of the United States to fulfill her pledge to prepare the Philippines for independence and to make possible that grant of independence in accordance with existing law: Now, therefore, be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That elections shall be held for national elective offices under the Commonwealth of the Philippines not later than April 30, 1946. The present Philippine Congress shall fix the date tor such elections, and the date fixed shall not be subsequent to April 30, 1946. Should the present Philippine Congress fail to fix such date, then April 30, 1946, is hereby fixed as the date elections shall be held for national elective offices under the Commonwealth of the Philippines.

SEC. 2. The President and Vice President then elected, the Senators then elected (who shall be all but those then in office whose terms continue until December 30, 1947), and the Members of the House of Representatives shall take office, and the elected Philippine Congress shall convene in regular session not later than May 28, 1946. The present Philippine Congress shall fix the date or dates for the assumption of office and for the convening of the elected Philippine Congress in regular session, and the date or dates fixed shall not be subsequent to May 28, 1946. Should the present Philippine Congress fail to fix such date or dates, then May 28, 1946, is hereby fixed as the date for assumption of office and the convening of the elected Philippine Congress in regular session.

SEC. 3. The terms of office of the President, Vice President, and Representatives then elected shall expire on the date which would have been the case had they assumed office on December 30, 1945. The terms of office of eight of the Senators elected at such elections shall expire on the date which would have been the case had they assumed office on December 30, 1945; and the terms of eight Senators then elected shall expire on the date which would have been the case had they assumed office on December 30, 1943. Division of the Senators elected at such elections into these two classes shall be made in accordance with the constitution and laws of the Commonwealth of the Philippines. The term of any Senator then elected to fill a vacancy in a term expiring on December 30, 1949, shall expire on that date.

SEC. 4. The manner of holding such elections shall be as provided by the constitution and laws of the Commonwealth of the Philippines.

Approved December 14, 1945.

 

 

Source: Library of Congress

S. Res. 119, 79th Cong., 258 Public Law 608 (1945) (enacted).