COMELEC Resolution No. 9739

RESOLUTION No. 9739

In the Matter of Collecting the Shares of Barangays to Augment the Funds to be Used for the Conduct of the 2013 Barangay and Sangguniang Kabataan Elections

(Promulgation: 10 July 2013)

WHEREAS, under Republic Act No. 10352 or the General Appropriations Act for the Fiscal Year 2013, only One Billion, One Hundred Seventy-Five Million and Ninety-Eight Thousand Pesos (Php 1,175,098,000.00) was alloted and set aside by Congress for the conduct of the 2013 Barangay and Sangguniang Kabataan Elections;

WHEREAS, the foregoing amount is insufficient to defray all the necessary and reasonable expenses to successfully hold and manage the 2013 Barangay and Sangguniang Kabataan Elections and to ensure that the said elections are honest, orderly, peaceful, and credible;

WHEREAS, under Section 50 of the Omnibus Election Code, local government units are required to appropriate funds to defray election expenses, thus:

"Section 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."

WHEREAS, under Section 532 (c) in relation to Section 329 both of Republic Act No. 7160 or the Local Government Code, funding for the regular elections of the Sangguniang Kabataan shall be taken from the ten per centum (10%) of the general fund of Barangays which have been reserved and set aside for the Sangguniang Kabataan;

WHEREAS, under Section 8 of Republic Act No. 9164 as amended by Section 4 of Republic Act No. 9340, the appropriations of the Commission which shall be used for the implementation of the said statutes may be augmented by an amount not exceeding the ten per centum (10%) of the general fund of Barangays which have been reserved and set aside for the Sangguniang Kabataan pursuant to Section 532 (c) of the Local Government Code; and

WHEREAS, the insufficiency of the funds appropriated for the conduct of the 2013 Barangay and Sangguniang Kabataan Elections has made it necessary for the Commission to collect the aforementioned shares.

NOW, THEREFORE, after due deliberation, the Commission En Banc, by virtue of the powers vested in it by the Constitution, the Omnibus Election Code, the Local Government Code, and Republic Acts Nos. 6653, 6679, 8524, 9164, and 9340, hereby RESOLVES:

1. To REQUIRE all local government units (LGUs) to set aside such amounts as may be necessary to augment the appropriations of the Commission for the conduct of the 2013 Barangay and Sangguniang Kabataan Elections, which in no case shall be less than Ten Thousand Pesos (Php 10,000.00) but not more than ten per centum (10%) of the general fund of Barangays which have been reserved and set aside for the Sangguniang Kabataan.

Any and all amounts forwarded pursuant to this Resolution shall be used primarily to defray the expenses of the Board of Election Tellers (BETs) for the following:

1.1. Transportation allowance in the amount of Five Hundred Pesos (Php 500.00) for each member of the BET;

1.2. Additional honoraria of the members of the BET; and

1.3. Trainings and meetings.

The amounts shall be released by the LGUs to the Election Officers.  For this purpose, field officials of the Commission are directed to extend cooperation and assistance in the disbursement of these amounts.

In instances where there is no appropriated fund for a barangay, the LGU concerned shall ask for a supplemental budget from the Department of Budget and Management (DBM).

The use of the collected shares shall at all times be open for inspection of the Commission on Audit or its duly authorized representative.

2. To SEEK the assistance of the Department of Interior and Local Government (DILG), Commission on Audit (COA) and DBM for the collection of the funds from the LGUs.

3. To AUTHORIZE Commissioner Christian Robert S. Lim, the Chairperson of the Steering Committee for the 2013 Barangay and Sangguniang Kabataan Elections, to enter into a Memorandum of Agreement with the DILG, DBM, and COA for purposes of facilitating the implementation of this Resolution, subject to the confirmation of the Commission En Banc.

Let the Steering Committee and the Project Director of the Project Management Office for the 2013 Barangay and Sangguniang Kabataan Elections implement this Resolution.

SO ORDERED.

COMELEC Res. No. 9739 - In the Matter of Collecting the Shares of Barangays To Augment The Funds To Be Used...

COMELEC Resolution No. 9740 - Guidelines on the Filing of Certificates of Candidacy in Connection with the October 28, 2013 Synchronized Barangay and SK Elections

Republic of the Philippines

COMMISSION ON ELECTIONS

Intramuros, Manila

GUIDELINES ON THE FILING OF CERTIFICATES OF CANDIDACY IN CONNECTION WITH THE OCTOBER 28, 2013 SYNCHRONIZED BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS.		BRILLANTES, S.S. Jr. TAGLE, I.N. YUSOPH, E.R. LIM, C.R.S. PADACA, M.G.C.M. PARREÑO, A.A. GUIA, I.T.F.G.	Chairman Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner
x- - - - - - - - - - - - - - - - - - - -x		Promulgated:  July 10, 2013

RESOLUTION NO. 9740

The Commission on Elections, by virtue of the powers vested in it by the Constitution, the Omnibus Election Code, Republic Act No. 9164, and other election laws, RESOLVED, as it hereby RESOLVES to promulgate, the following guidelines on the filing of certificates of candidacy in connection with the October 28, 2013 Synchronized Barangay and Sangguniang Kabataan (SK) Elections:

SECTION 1. Officials to be Elected. - The officials to be elected in each barangay are the following:

(a) For the Barangay Elections:  One (1) Punong Barangay and seven (7) Members of the Sangguniang Barangay.

(b) For the Sangguniang Kabataan Elections:  One (1) Chairman and seven (7) Members of the Sangguniang Kabataan.

SECTION 2. Qualifications. - (a) A candidate for Punong Barangay and Member of the Sangguniang Barangay must be:

1. A citizen of the Philippines;

2. A registered voter in the barangay where he intends to be elected;

3. A resident therein for at least one (1) year immediately preceding the day of the election;

4. Able to read and write Filipino or any other local language or dialect; and

5. At least 18 years old on election day;

(b) Candidate for Sangguniang Kabataan Chairman and Member of the Sangguniang Kabataan must be:

1. A Filipino citizen;

2. A qualified voter of the katipunan ng kabataan;

3. A resident of the barangay for at least one (1) year immediately prior to election;

4. At least fifteen (15) years old but less than eighteen (18) years of age on the day of the election;

5. Able to read and write Pilipino, English or the local dialect; and

6. Must not have been convicted of any crime involving moral turpitude.

SECTION 3. Certificate of Candidacy. - No person shall be elected Punong Barangay, Member of the Sangguniang Barangay, Sangguniang Kabataan Chairman or Member of the Sangguniang Kabataan unless he files a sworn Certificate of Candidacy in triplicate in the form prescribed by the Commission.

Sample forms of the Certificate of Candidacy are attached hereto, and are available at the Office of the Election Officer for free.  Sample forms may be photocopied or reproduced, or downloaded from the COMELEC official website (www.comelec.gov.ph).  Certificates of Candidacy filed not in the prescribed format shall NOT be accepted.

Certificate of Candidacy for Punong Barangay  
Certificate of Candidacy for Member, Sangguniang Barangay

No person shall be eligible to run for more than one office, and if he files his certificate of candidacy for more than one office, he shall not be eligible for any of them.  However, before the expiration of the period for the filing of Certificate of Candidacy, the person who has filed a certificate of candidacy for more than one office may declare under oath the office for which he desires to be elected and cancel the certificate of candidacy for the other office.

SECTION 4. Contents of Certificate of Candidacy. - The Certificate of Candidacy shall be under oath and shall state that the person filing it is announcing his candidacy for the office and constituency stated therein; the full name of the candidate; that he is eligible for said office; that he is not a member of any political party, group or coalition of political parties; his age; gender; civil status; place and date of birth; his citizenship; if married, the full name of the spouse; his legal residence, giving the exact address and the number of years he has been residing in the country and in the place where he intends to be elected; the barangay, city or municipality and province where he is a registered voter; his post office address for election purposes; his profession or occupation or employment; that he is not a permanent resident or an immigrant to a foreign country; that he will file, with the Office of the Election Officer, within thirty (30) days after election day, his full, true and itemized Statement of Contributions and Expenditures (SOCE) in connection with the election; that he will support and defend the Constitution of the Republic of the Philippines and will maintain true faith and allegiance thereto; that he will obey the laws, legal orders, decrees, resolutions, rules and regulations promulgated and issued by the duly-constituted authorities; that he assumes the foregoing obligations voluntarily without mental reservation or purpose of evasion; and that the facts stated in the certificate are true and correct to the best of his knowledge.

Unless a candidate has officially changed his name through a court approved proceeding, a candidate shall use in his Certificate of Candidacy the name by which he has been baptized, or if he has not been baptized in any church or religion, the name registered in the office of the local civil registrar or any other name allowed under the provisions of existing law or, in the case of a Muslim, his Hadji name after performing the prescribed religious pilgrimage: Provided, That when there are two (2) or more candidates for the same office with the same name and surname, each candidate, upon being made aware of such fact, shall state his paternal and maternal surname, except an incumbent who may continue to use the name and surname stated in his Certificate of Candidacy when he was elected.

The person filing the Certificate of Candidacy may include one nickname or stage name by which he is generally or popularly known in the locality; Provided, That no candidate shall use the nickname, stage name or initial of another.  In case of several nicknames or stage names, only the nickname or stage name first written shall be considered.

Titles, such as Don, Datu, Atty., Dr., Ginoo or other words of similar imports shall not be allowed.

The person filing the Certificate of Candidacy shall also affix his latest photograph, passport size; a statement in duplicate containing his bio-data and program of government, if he so desires.

Documentary stamps in the amount of Fifteen Pesos (Php 15.00) shall be attached to the Certificate of Candidacy.

The Certificate of Candidacy may be sworn before a Notary Public or any official authorized to administer oath.  The Election Officer is authorized to administer oath the COCs filed within his area of jurisdiction, free of charge.

COMELEC Res. No. 9740 - Guidelines on the Filing Certificates of Candidacy - Oct 28, 2013 Brgy & SK Electio... by Jess Villarin Quijano