PRESIDENTIAL DECREE No 362 January 1, 1974

AMENDING PRESIDENTIAL DECREE NO. 203 ENTITLED "TRANSFERRING CERTAIN ITEMS, PERSONNEL, RECORDS, FUNDS, APPROPRIATIONS, EQUIPMENT, FACILITIES AND OTHER PROPERTIES OF THE PRESIDENTIAL, SENATE AND HOUSE ELECTORAL TRIBUNALS TO THE COMMISSION ON ELECTIONS," IN ORDER TO AUTHORIZE THE SUPREME COURT TO RETAIN CERTAIN ITEMS, PERSONNEL, APPROPRIATIONS, FACILITIES AND EQUIPMENT OF THE PRESIDENTIAL, SENATE, AND HOUSE ELECTORAL TRIBUNALS

WHEREAS, under Presidential Decree No. 203 dated May 1, 1973, all the personnel as well as funds, appropriations, equipment, facilities, records and other properties of the presidential, Senate and House Electoral Tribunals were ordered and decreed to be transferred to the Commission on Elections pursuant to Section 14, Article XVII of the Constitution; lawphi1.net

WHEREAS, even before the ratification of the Constitution certain officials and employees of the Presidential, Senate, and House Electoral Tribunals had been working in the various staffs and units of the Supreme Court;

WHEREAS, there is need to retain said official and employees as well as certain equipment and facilities of the Electoral Tribunals in the Supreme Court in view of its expanded functions and responsibilities under the Constitution; lawphi1.net

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution as Commander-in-Chief of all Armed Forces of the Philippines, and pursuant to Proclamation No. 1081 dated September 21, 1972, and General Order No. 1, dated September 22, 1972, do hereby order and decree the transfer to the Commission on Elections, effective May 1, 1973, of all the personnel except those incumbents whose services have heretofore already been terminated, as well as the funds, appropriations, equipment, facilities, records and other properties, of the Presidential, Senate and House Electoral Tribunals: Provided, That the personnel occupying the positions contained in annex "A" (which is hereby made an integral part of this Decree) and the corresponding appropriations thereof are hereby transferred to the Supreme Court; Provided, further, That the chairman of the Commission on Elections or the Chief Justice of the Supreme Court, as the case may be, shall further screen and select the personnel of the aforesaid electoral tribunals to be retained: Provided, further, That equipment, facilities, records and other properties listed in annex "B" (hereby made an integral part hereof) shall be transferred to the Supreme Court; Provided, finally, That all personnel not so retained shall, if entitled under the laws then in force, receive the retirement and other benefits accruing thereunder in accordance with the provisions of Section 13, Article XVII of the Constitution.

This Decree shall take effect immediately.

Done in the City of Manila, this 1st day of January in the year of Our Lord, nineteen hundred and seventy-four.


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