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.

OEC V - Election of Members of the Regional Assembly of the Autonomous Regions

Article V

ELECTION OF MEMBERS OF THE REGIONAL ASSEMBLY

OF THE AUTONOMOUS REGIONS

---

Section Details

Sec.  31. The Sangguniang Pampook of the autonomous regions. - Region IX and Region XII in southern Philippines shall each have a Sangguniang Pampook to be composed of twenty-seven members and shall include seventeen representatives elected from the different provinces and cities of each region, and a sectoral representative each from among the youth, agricultural workers, and non-agricultural workers (industrial labor) of each region to be selected in the manner herein provided whose qualifications and disqualifications are the same as Members of the Batasang Pambansa.

The President shall appoint an additional seven representatives in each region whenever in his judgment any other sector is not properly represented in the Sangguniang Pampook as a result of the elections.

Sec. 32. Apportionment of members of the Sangguniang Pampook. - The Members of the Sangguniang Pampook of Region IX and of Region XII shall be apportioned as follows:

Region IX:

Basilan, one (1);

Sulu, three (3);

Tawi-Tawi, one (1);

Zamboanga del Norte

including the cities of Dipolog and Dapitan, four, (4);

and Zamboanga del Sur,

including the City of Pagadian, six (6); and Zamboanga City, two (2);

Region XII:

Lanao del Norte, two (2);

Iligan City, one (1);

Lanao del Sur

including the City of Marawi, four (4);

Maguindanao

including the City of Cotabato, four (4);

North Cotabato, four (4); and

Sultan Kudarat, two (2).

Sec. 33. Election of members of Sangguniang Pampook. - The candidates for the position of seventeen representatives to the Sangguniang Pampook of Region IX and of Region XII shall be voted at large by the registered voters of each province including the cities concerned.

The candidates corresponding to the number of member or members to be elected in a constituency who receive the highest number of votes shall be declared elected.

Sec. 34. Selection of sectoral representatives. - The President shall, within thirty days from the convening of each Sangguniang Pampook, appoint the sectoral representatives on recommendation of the Sangguniang Pampook and after due consultation with the representative and generally recognized organizations or aggrupations of members of the youth, agricultural workers and non-agricultural workers as attested by the Ministers of Local Government and of Education, Culture and Sports (youth), Ministers of Agrarian Reform and of Agriculture and Food (agricultural workers), and Ministers of Labor and Employment (non-agricultural or industrial labor).

The President of the Philippines shall in writing notify the Speaker of the Sangguniang Pampook of each region of the appointment made by him of any sectoral representative.

The sectoral representatives shall have the same functions, responsibilities, rights, privileges, qualifications and disqualifications as the elective provincial representatives to the Sangguniang Pampook: Provided, however, That no defeated candidate for member of the Sangguniang Pampook in the immediately preceding election shall be appointed as sectoral representative.

Sec. 35. Filling of vacancy. - Pending an election to fill vacancy arising from any cause in the Sangguniang Pampook, the vacancy shall be filled by the President, upon recommendation of the Sangguniang Pampook: Provided, That the appointee shall come from the same province or sector of the member being replaced.

Sec. 36. Term of office. - The present members of the Sangguniang Pampook of each of Region IX and Region XII shall continue in office until June 30, 1986 or until their successors shall have been elected and qualified or appointed and qualified in the case of sectoral members.  They may not be removed or replaced except in accordance with the internal rules of said assembly or provisions of pertinent laws.

The election of members of the Sangguniang Pampook of the two regions shall be held simultaneously with the local elections of 1986.  Those elected in said elections shall have a term of four years starting June 30, 1986.

Those elected in the election of 1990 to be held simultaneously with the elections of Members of the Batasang Pambansa shall have a term of six years.

OEC IV - Election of Local Officials

Article IV

ELECTION OF LOCAL OFFICIALS

---

Section Details

Sec. 29. Regular elections of local officials. - The election of provincial, city and municipal officials whose positions are provided for by the Local Government Code shall be held throughout the Philippines in the manner herein prescribed on the first Monday of May, Nineteen hundred and eighty-six 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.

All local incumbent officials whose tenure of office shall expire on March 23, 1986 shall hold office until June 30, 1986 or until their successors shall have been elected and qualified: Provided, That they cannot be suspended or removed without just cause.

Sec. 30. Component and highly urbanized cities. - Unless their respective charters provide otherwise, the electorate of component cities shall be entitled to vote in the election for provincial officials of the province of which it is a part.

The electorate of highly urbanized cities shall not vote in the election for provincial officials of the province in which it is located: Provided, however, That no component city shall be declared or be entitled to a highly urbanized city status within ninety days prior to any election.

OEC III - Election of Members of the Batasang Pambansa

Article III

ELECTION OF MEMBERS OF THE BATASANG PAMBANSA

---

Section Details

Sec. 21. Regular election of Members of the Batasang Pambansa. - The regular election of the Members of the Batasang Pambansa shall be held on the second Monday of May, Nineteen hundred and ninety (1990) and on the same day every six years thereafter.

Sec. 22. Special election for Members of the Batasang Pambansa. - In case a vacancy arises in the Batasang Pambansa eighteen months or more before a regular election, the Commission shall call a special election to be held within sixty days after the vacancy occurs to elect the Member to serve the unexpired term.

The Batasang Pambansa through a duly approved resolution or an official communication of the Speaker when it is not in session shall certify to the Commission the existence of said vacancy.

Sec. 23. Composition of the Batasang Pambansa. - The Batasang Pambansa shall be composed of not more than two hundred Members elected from the different provinces of the Philippines with their component cities, highly urbanized cities and districts of Metropolitan Manila, those elected or selected from various sectors as provided herein, and those chosen by the President from the members of the Cabinet.

Sec. 24. Apportionment of representatives. - Until a new apportionment shall have been made, the Members of the Batasang Pambansa shall be apportioned in accordance with the Ordinance appended to the Constitution, as follows

National Capital Region:

Manila, 6;

Quezon City, 4;

Caloocan, 2;

Pasay, 1;

Pasig and Marikina, 2;

Las Piñas and Parañaque, 1;

Makati, 1;

Malabon, Navotas and Valenzuela, 2;

San Juan and Mandaluyong, 1;

Taguig, Pateros and Muntinglupa, 1.

Region I:

Abra, 1;

Benguet, 1;

Ilocos Norte with Laoag City, 2;

Ilocos Sur, 2;

La Union, 2;

Mountain Province, 1;

Pangasinan with the cities of Dagupan and San Carlos, 6;

Baguio City, 1.

Region II:

Batanes, 1;

Cagayan, 3;

Ifugao, 1;

Isabela, 3;

Kalinga-Apayao, 1;

Nueva Vizcaya, 1;

Quirino, 1.

Region III:

Bataan, 1;

Bulacan, 4;

Nueva Ecija with the cities of Cabanatuan, Palayan and San Jose, 4;

Pampanga with Angeles City, 4;

Tarlac, 2;

Zambales, 1;

Olongapo City, 1.

Region IV:

Aurora, 1;

Batangas with the cities of Batangas and Lipa, 4;

Cavite with the cities of Cavite, Tagaytay and Trece Martires, 3;

Laguna with San Pablo City, 4;

Marinduque, 1;

Occidental Mindoro, 1;

Oriental Mindoro, 2;

Palawan with Puerto Princesa City, 1;

Quezon with Lucena City, 4;

Rizal, 2;

Romblon, 1.

Region V:

Albay with Legaspi City, 3;

Camarines Norte, 1;

Camarines Sur with the cities of Iriga and Naga, 4;

Catanduanes, 1;

Masbate, 2;

Sorsogon, 2.

Region VI:

Aklan, 1;

Antique, 1;

Capiz with Roxas City;

Iloilo with Iloilo City, 5;

Negros Occidental

with the cities of Bacolod, Bago, Cadiz, La Carlota, San Carlos and Silay, 7.

Region VII:

Bohol with Tagbilaran City, 3;

Cebu with the cities of Danao, Lapu-Lapu, Mandaue and Toledo, 6;

Negros Oriental with the cities of Bais, Canlaon and Dumaguete, 3;

Siquijor, 1;

Cebu City, 2.

Region VIII:

Leyte with the cities of Ormoc and Tacloban, 5;

Southern Leyte, 1;

Eastern Samar, 1;

Northern Samar, 1;

Samar with Calbayog City, 2.

Region IX:

Basilan, 1;

Sulu, 1;

Tawi-Tawi, 1;

Zamboanga del Norte with the cities of Dapitan and Dipolog, 2;

Zamboanga del Sur with Pagadian City, 3;

Zamboanga City, 1.

Region X:

Agusan del Norte with Butuan City, 1;

Agusan del Sur, 1;

Bukidnon, 2;

Camiguin, 1;

Misamis Occidental with the cities of Oroquieta, Ozamis and Tangub, 1;

Misamis Oriental with Gingoog City, 2;

Surigao del Norte with Surigao City, 1;

Cagayan de Oro City, 1.

Region XI:

Surigao del Sur, 1;

Davao del Norte, 3;

Davao Oriental, 1;

Davao del Sur, 2;

South Cotabato with General Santos City, 3;

Davao City, 2.

Region XII:

Lanao del Norte, 1;

Lanao del Sur with Marawi City, 2;

Maguindanao with Cotabato City, 2;

North Cotabato, 2;

Sultan Kudarat, 1;

Iligan City, 1.

Any province that may hereafter be created or any component city that may hereafter be declared by or pursuant to law as a highly urbanized city shall be entitled in the immediately following election to at least one Member or such number of Members as it may be entitled to on the basis of the number of the inhabitants and on the same uniform and progressive ratio used in the last preceding apportionment.  The number of Members apportioned to the province out of which the new province was created or where the new highly urbanized city is geographically located shall be correspondingly adjusted by the Commission, but such adjustment shall not be made within one hundred twenty days before the election.

Sec. 25. Voting by province and its component cities, by highly urbanized city or by district in Metropolitan Manila. - All candidates shall be voted at large by the registered voters of their respective constituencies. The candidates corresponding to the number of Member or Members to be elected in a constituency who receive the highest number of votes shall be declared elected.

Sec. 26. Sectoral representatives. - There shall be three sectors to be represented in the Batasang Pambansa, namely:

1. youth;
2. agricultural labor;
3. industrial labor

whose representatives shall be elected in the manner herein provided. Each sector shall be entitled to four representatives, two of whom shall come from Luzon, one from Visayas, and one from Mindanao: Provided, That the youth sector shall be entitled to two additional sectoral representatives who shall be elected from any part of the country.

Sec. 27. Scope of the sectors. - The agricultural labor sector covers all persons who personally and physically till the land as their principal occupation.  It includes agricultural tenants and lessees, rural workers and farm employees, owner-cultivators, settlers and small fishermen.

The industrial labor sector includes all non-agricultural workers and employees.

The youth sector embraces persons not more than twenty-five years of age.

Sec. 28. Selection of sectoral representatives. - Not later than twenty days after the election of provincial, city or district representatives, the most representative and generally recognized organizations or aggroupments of members of the agricultural labor, industrial labor, and youth sectors, as attested to by the Ministers of Agrarian Reform and of Agriculture and Food, the Ministers of Labor and Employment, and the Ministers of Local Government and of Education, Culture and Sports, respectively, shall, in accordance with the procedures of said organizations or aggroupments of members of the sector, submit to the President their respective nominees for each slot allotted for each sector.  The President shall appoint from among the nominees submitted by the aforementioned organizations or aggroupments the representatives of each sector.

In recognizing the most representative and generally recognized organizations or aggroupments, the Ministers of Agrarian Reform and of Agriculture and Food, the Minister of Labor and Employment, and the Ministers of Local Government and Education, Culture and Sports shall consider:

1. The extent of membership and activity of the organization or aggroupment which should be national;
2. The responsiveness of the organization or aggroupment to the legitimate aspirations of its sector;
3. The militancy and consistency of the organization or aggroupment in espousing the cause and promoting the welfare of the sector consistent with that of the whole country;
4. The observance by such organization or aggroupment of the rule of law; and
5. Other analogous factors.

The President of the Philippines shall, in writing, notify the Secretary-General of the Batasang Pambansa of the appointment made by him of any sectoral representative.

Except as herein otherwise provided, sectoral representatives shall have the same functions, responsibilities, rights, privileges, qualifications and disqualifications as the representatives from the provinces and their component cities, highly urbanized cities or districts of Metropolitan Manila.