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Thursday, September 10, 2009

OEC VI - Election of Barangay Officials

Article VI

ELECTION OF BARANGAY OFFICIALS



Sec. 37. Regular election of barangay officials. - The election for barangay officials shall be held throughout the Philippines in the manner prescribed on the second Monday of May Nineteen hundred and eighty-eight and on the same day every six years thereafter.

The officials elected shall assume office on the thirtieth day of June next following the election and shall hold office for six years and until their successors shall have been elected and qualified.

Sec. 38. Conduct of elections. - The barangay election shall be non-partisan and shall be conducted in an expeditious and inexpensive manner.

No person who files a certificate of candidacy shall represent or allow himself to be represented as a candidate of any political party or any other organization; and no political party, political group, political committee, civic, religious, professional, or other organization or organized group of whatever nature shall intervene in his nomination or in the filing of his certificate of candidacy or give aid or support, directly or indirectly, material or otherwise favorable to or against his campaign for election: Provided, That this provision shall not apply to the members of the family of a candidate within the fourth civil degree of consanguinity or affinity nor to the personal campaign staff of the candidate which shall not be more than one for every one hundred registered voters in his barangay: Provided, however, That without prejudice to any liability that may be incurred, no permit to hold a public meeting shall be denied on the ground that the provisions of this paragraph may or will be violated.

Nothing in this section, however, shall be construed as in any manner affecting or constituting an impairment of the freedom of individuals to support or oppose any candidate for any barangay office.

Sec. 39. Certificate of Candidacy. - No person shall be elected punong barangay or kagawad ng sangguniang barangay unless he files a sworn certificate of candidacy in triplicate on any day from the commencement of the election period but not later than the day before the beginning of the campaign period in a form to be prescribed by the Commission. The candidate shall state the barangay office for which he is a candidate.

The certificate of candidacy shall be filed with the secretary of the sangguniang barangay who shall have the ministerial duty to receive said certificate of candidacy and to immediately acknowledge receipt thereof.

In case the secretary refuses to receive the same, or in the case of his absence or non-availability, a candidate may file his certificate with the election registrar of the city or municipality concerned.

The secretary of the sangguniang barangay or the election registrar, as the case may be, shall prepare a consolidated list all the candidates and shall post said list in the barangay hall and in other conspicuous places in the barangay at least ten days before the election.

Any elective or appointive municipal, city, provincial or national official or employee, or those in the civil or military service, including those in government-owned or controlled corporations, shall be considered automatically resigned upon the filing of certificate of candidacy for a barangay office.

Sec. 40. Board of Election Tellers. –


1.  The Commission shall constitute not later than ten days before the election a board of election tellers in every barangay polling place, to be composed of a public elementary school teacher as chairman, and two members who are registered voters of the polling place concerned, but who are not incumbent barangay officials nor related to any candidate for any position in that barangay within the fourth civil degree of affinity or consanguinity.

In case no public elementary school teachers are available, the Commission shall designate any registered voter in the polling place who is not an incumbent barangay official nor related to any candidate for any position in that barangay within the fourth civil degree of affinity or consanguinity.


2.  The board of election tellers shall supervise and conduct the election in their respective polling places, count the votes and thereafter prepare a report in triplicate on a form prescribed by the Commission.  The original of this report shall be delivered immediately to the barangay board of canvassers.  The second copy shall be delivered to the election registrar and the third copy shall be delivered to the secretary of the sangguniang barangay who shall keep the same on file.

Sec. 41. Registration of voters and list of voters. - Not later than seven days before the election, the board of election tellers shall meet in every barangay polling place to conduct the registration of barangay voters and to prepare the list of voters.  Any voter may challenge the qualification of any person seeking to register and said challenge shall be heard and decided on the same day by the board of election tellers.

The final list of voters shall be posted in the polling places at least two days before election day.  The registration of any voter shall not be transferred without written notice at least two days before the date of election.  Not later than the day following the barangay election, the board of election tellers shall deliver the list of voters to the election registrar for custody and safekeeping.

Sec. 42. Polling places. –


1.  The chairman of the board of election tellers shall designate the public school or any other public building within the barangay to be used as polling place in case the barangay has one election precinct. 

2.  For barangays with two or more election precincts the chairman of the board of canvassers shall designate the public school or any other public building to be used as polling place.

In case there is no public school or other public building that can be used as polling places, other appropriate private buildings may be designated: Provided, That such buildings are not owned or occupied or possessed by any incumbent elective public official or candidate, or his relative within the fourth civil degree of consanguinity or affinity.  The polling place shall be centrally located as possible, always taking into consideration the convenience and safety of the voters.

Sec. 43. Official barangay ballots. - The official barangay ballots shall be provided by the city or municipality concerned of a size and color to be prescribed by the Commission.

Such official ballots shall, before they are handed to the voter at the pollingplace, be authenticated in the presence of the voter, by the authorized representatives of the candidates and the chairman and members of the board of election tellers who shall affix their signatures at the back thereof.  Any ballot which is not authenticated shall be deemed spurious.

Sec. 44. Ballot boxes. - The Commission shall provide the ballot boxes for each barangay polling place, but each candidate may be permitted to provide a padlock for said ballot box.

Sec. 45. Postponement or failure of election. - When for any serious cause such as violence, terrorism, loss or destruction of election paraphernalia or records, force majeure, and other analogous causes of such nature that the holding of a free, orderly and honest election should become impossible in any barangay, the Commission, upon a verified petition of an interested party and after due notice and hearing at which the interested parties are given equal opportunity to be heard, shall postpone the election therein for such time as it may deem necessary.

If, on account of force majeure, violence, terrorism, fraud or other analogous causes, the election in any barangay has not been held on the date herein fixed or has been suspended before the hour fixed by law for the closing of the voting therein and such failure or suspension of election would affect the result of the election, the Commission, on the basis of a verified petition of an interested party, and after due notice and hearing, at which the interested parties are given equal opportunity to be heard shall call for the holding or continuation of the election within thirty days after it shall have verified and found that the cause or causes for which the election has been postponed or suspended have ceased to exist or upon petition of at least thirty percent of the registered voters in the barangay concerned.

When the conditions in these areas warrant, upon verification by the Commission, or upon petition of at least thirty percent of the registered voters in the barangay concerned, it shall order the holding of the barangay election which was postponed or suspended.

Sec. 46. Barangay board of canvassers. –

1.  The Commission shall constitute a board of canvassers at least seven days before the election in each barangay, to be composed of the senior public elementary school teacher in the barangay as chairman, and two other public elementary school teachers, as members.
In case the number of public elementary school teachers is inadequate, the Commission shall designate the chairman and members of the barangay board of canvassers from among the board of election tellers.


2.   The barangay board of canvassers shall meet immediately in a building where a polling place is found and which is most centrally located in the barangay and after canvassing the results from the various polling places within the barangay, proclaim the winners.  
The board of canvassers shall accomplish the certificate of proclamation in triplicate on a form to be prescribed by the Commission.  The original of the certificate shall be sent to the election registrar concerned, the second copy shall be delivered to the secretary of the sangguniang bayan or sangguniang panglunsod, as the case may be, and the third copy shall be kept on file by the secretary of the sangguniang barangay.  


In a barangay where there is only one polling place, the barangay board of election tellers shall also be the barangay board of canvassers.


Sec. 47. Activities during the campaign period. - During the campaign period, the punong barangay if he is not a candidate, or any resident of the barangay designated by the Commission, shall convene the barangay assembly at least once for the purpose of allowing the candidates to appear at a joint meeting duly called, upon proper and with at least two days notice, to explain to the barangay voters their respective program of administration, their qualifications, and other information that may help enlighten voters in casting their votes.

The members of the barangay assembly may take up and discuss other matters relative to the election of barangay officials.

Sec. 48. Watchers. - Candidates may appoint two watchers each, to serve alternately, in every polling place within the barangay, who shall be furnished with a signed copy of the results of the election, in such form as the Commission may prescribe, immediately after the completion of the canvass.

Sec. 49. Inclusion and exclusion cases. - Inclusion and exclusion cases which shall be decided not later than seven before the date of the election shall be within the exclusive original jurisdiction of the municipal or metropolitan trial court.  The notice of such decision shall be served to all parties within twenty-four hours following its promulgation and any party adversely affected may appeal therefrom within twenty-four hours to the regional trial court which shall finally decide the same not later than two days before the date of the election.

Sec. 50. Funding. - Local governments shall appropriate such funds to defray such necessary and reasonable expenses of the members of the board of election tellers, board of canvassers and the printing of election forms and procurement of other election paraphernalia, and the installation of polling booths.

Sec. 51. Penalties. - Violations of any provisions of this Article shall constitute prohibited acts and shall be prosecuted and penalized in accordance with the provisions of this Code.

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