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https://lawyerly.ph/laws/view/l3376
[Act No. 1948, (1909-05-20)](https://lawyerly.ph/laws/view/l3376)
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[ Act No. 1948, May 20, 1909 ]

AN ACT AMENDING, SUPPLEMENTING AND EXPLAINING CERTAIN SECTIONS OF ACT NUMBERED FIFTEEN HUNDRED AND EIGHTY-TWO, ENTITLED "THE ELECTION LAW."

By authority of the United States, be it enacted by the Philippine Legislature, that:

SECTION 1. The second paragraph of section four of Act Numbered Fifteen hundred and eighty-two is hereby amended if read as follows:
"Whenever  a  vacancy  shall  occur  in  the  office  of  municipal  president the same shall be filled by the vice-president, if there be one, for the unexpired term and until his successor is elected and qualified. Whenever a vacancy shall occur in any other elective municipal office the same, shall be filled by appointment by the provincial board and the officer so appointed shall serve until his successor is elected and qualified."
SEC. 2. Section ten of the aforesaid Act is hereby amended to read as follows:
"SEC. 10. Liquors, cockfighting, and booths in vicinity.—No intoxicating liquors shall be sold or dispensed, nor allowed to be sold or dispensed, within thirty meters of any polling place on any registration day nor within one hundred and fifty meters of any polling place on any election day during the hours for voting and counting the votes.

"No temporary booths, tents, or shelters of any kind for the sale or display of any wares, merchandise, or refreshments, solid or liquid, or for any other purpose whatsoever, shall be erected or maintained on said days, within said thirty meters, during the hours aforesaid; nor shall any cockfight be held in any municipality upon any election day.

"Any violation of the provisions of this section shall be punished by imprisonment for not less than five days nor more than twenty-five days, or by a fine of not less than five pesos nor more than twenty-five pesos, or both fine and imprisonment, in the discretion of the court."
SEC. 3. The eighth paragraph of section twenty-nine of the same Act, as amended by Act Numbered Seventeen hundred and nine, is hereby further amended lo read as follows:
"SEC. 29. No person, except a notary public, holding any appointive public office or employment, or any public office or employment by appointment, shall, within ninety days preceding any general election, or within sixty days preceding any special election, announce his candidacy for or be eligible to hold any elective public office or employment to be filled at such general or special election. No person holding an elective public office to which such person has been elected shall present his candidacy, nor shall he be eligible while holding such office, at any municipal, provincial or Assembly election,  except   for reeled ion   lo   the  office held by him Resignations tendered for electoral reasons shall be accepted without delay by the officer or person called upon to accept them. The resignations mentioned in this section shall, in the case of Delegates to the Philippine Assembly, be tendered to the Speaker prohibitions officials; thereof. No judge of the Court of First Instance, justice of the peace, provincial fiscal, or officer or employee of the Bureau of Constabulary or of the Bureau of Education, or provincial treasurer, shall aid any candidate or influence in any manner or take any part in any municipal, provincial, or Assembly election under penalty of being deprived of his office and being disqualified to hold any public office whatever for a term of five years: Provided, however, That the foregoing provisions shall not be construed to deprive any person otherwise qualified of the right to vote at any election: And provided further, That the tender in writing of a tl Tender of resignation within the time hereinabove fixed shall be held to be a compliance with the requirements of this section."
SEC. 4. This Act shall take effect on its passage.

Enacted, May 20, 1909.

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