COMELEC accused of granting "selective" incentives

An association of rank and file employees of the Commission on Elections on Monday accused the poll body of supposedly granting "selective" incentives when it gave bonuses to Comelec chairman Jose Melo and other officials last Christmas.

Alliance of Comelec Employees in Service (ACES) president Luallah Pama said that while the Comelec employees did not receive any Christmas incentives, Melo supposedly received P77,653 while his staff and regional election directors got bonuses equivalent to one month of their salaries for their role in the 2010 automated elections.

Pama specifically cited poll body finance department director Eduardo Mejos and Comelec's resident Commission on Audit (COA) auditor Resurreccion Quieta, who supposedly received P51,623 and P45,971 respectively.

"We are baffled as to where they find the gall to reward themselves with bonuses last Christmas when the rest of the rank and file got nothing. Do they mean they were the only ones that did their jobs last May 10? Were it not that all the Election Day glitches and snags happened only because of the bad decisions that came from them?" Pama said in a statement released Monday.

Pama explained that Comelec employees have not been getting Christmas incentives for the past two years despite the supposed millions in savings accumulated by the poll body, which is allegedly causing a "creeping demoralization" among their ranks.

Since December 28, several rank and file employees of the poll body have been staging protests during their lunch breaks, demanding the release of their Christmas incentives which Pama says is traditionally given to them by the Comelec.

"We shall continue with our protests until the Comelec en banc heeds the legitimate cries of the rank and file," she said.

In an e-mail to GMANews.TV, Comelec spokesman James Jimenez said he has yet to see the original payroll documents indicating the supposed Christmas incentives that were given to Melo, his staff, and other officials.

He noted, however, that it is "inaccurate" to say that only those mentioned by Pama received bonuses last Christmas.

"The truth of the matter is that for FY 2010, the Commission actually granted eight separate bonuses to its employees, on top of the regular benefits granted to government employees," Jimenez said.

Jimenez said that among the eight bonuses were:

• rice subsidy - P8,000
• special financial aid - P7,000
• incentive bonus - one month salary, but not less than P10,000
• across the board allowance - P5,000
• anniversary bonus - P10,000
• special economic amelioration assistance - P10,000
• financial assistance for Comelec Employees - one month salary, but not less than P10,000
• performance enhancement incentive - P10,000 

Jimenez likewise explained that the granting of "additional benefits" is subject to the availability of funds.  

"This year the savings will be used to defray the expenses for the conduct of the ARMM elections in August 2011.  This is in conformity with the directive of the Department of Budget and Management, with the concurrence of Congress," he said.

"The Comelec has given all the benefits it can give," Jimenez added. — RSJ, GMANews.TV

Google Site Verification

google-site-verification: googlee32a2adb9783bb53.html

COMELEC Chairman Melo quits post effective end of January

COMELEC Chairman Jose Melo

Commission on Elections (Comelec) Chairman Jose Melo has resigned from the poll body, four years before his term of office is scheduled to end.  He reportedly wants to "move on" after the country's first automated elections last May and the barangay elections last October. 

A former Supreme Court justice, Melo is 78 and has been in the government service for much of his career. 

Despite dire predictions by many experts and numerous glitches in the preparations, last May's elections were generally considered a success. 

Comelec Commissioner Gregorio Larrazabal confirmed Melo's resignation in a text message to GMANews.TV. 

Larrazabal said Melo submitted his resignation letter to the poll body and the en banc accepted it on Tuesday. 

“I know that it [the letter] will be submitted to the Office of the President soon," he said.

In a separate interview, Comelec Commissioner Nicodemo Ferrer said that the resignation will “tentatively" take effect on January 31, 2011.

“We have been talking about it [the resignation] for quite some time now. That is why hindi naman kami na-surprise talaga [we were not really surprised by it]," he said.

For the latest Philippine news stories and videos, visit GMANews.TV

Melo was appointed by former President Gloria Macapagal-Arroyo as Comelec chairperson in 2008.  His term of office was for seven years, or until 2015.

Larrazabal did not state the reason behind Melo’s early resignation, although he said that “the Comelec chairman’s main focus was the May 2010 elections when he was appointed to the post."

Ferrer, for his part, said that the Comelec chairperson resigned because “he wants to move on."

Malacañang has yet to comment on Melo's resignation. 

As Comelec chairman, Melo oversaw the conduct of the Philippines’ first ever nationwide automated elections last May 10. 

Amid a barrage of criticism about the automation glitches, Melo had said in February he would resign should the May elections fail due to the Comelec's fault. (See: Comelec chair to resign if automated elections fail)

However, despite the various technical glitches encountered before and during the polls, the country was able to elect its national and local leaders for the first time using automated counting machines.

Prior to his stint at the Comelec, Melo was appointed in 2006 by then President Arroyo to head a body to probe the various cases of extrajudicial and political killings in the country, which targeted mostly militant activists and members of the media. 

The investigating body, known as the Melo Commission, concluded that most of the killings can be attributed to the military. (See: Melo Commission: Palparan could be held liable for killings)-  Andreo Calonzo/KBK/JV/HS, GMANews.TV

Resolution No. 9029 - Guidelines on the Filing of Certificates of Candidacy for Barangay & SK Elections

 RESOLUTION No. 9029 


GUIDELINES ON THE FILING OF CERTIFICATES OF CANDIDACY IN CONNECTION WITH THE OCTOBER 25, 2010 BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS

Promulgation: 21 September 2010

---

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 25, 2010 Barangay and Sangguniang Kabataan 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) Sangguniang Barangay Kagawad.

(b) For the Sangguniang Kabataan Elections:

One (1) Chairman and seven (7) Sangguniang Kabataan Kagawad.

SEC. 2. Qualifications. - (a) Candidates for Punong Barangay and Sangguniang Barangay Kagawad must be:

(1) Filipino citizens;

(2) At least 18 years old on election day;

(3) Able to read and write Filipino or any local language or dialect; and

(4) Registered voters of the barangay where they intend to run for office and residents thereof for at least one (1) year immediately preceding the day of the election.

(b) Candidates for Sangguniang Kabataan Chairman and Sanggguniang Kabataan Kagawad must be:

(1) Filipino citizens;

(2) At least fifteen (15) years old but less than eighteen (18) years old on election day;

(3) Able to read and write Filipino, English or the local dialect;

(4) Qualified members of the Katipunan ng Kabataan of the barangay where they intend to run for office and residents thereof at least one (1) year immediately preceding the election; and

(5) Must not have been convicted of a crime involving moral turpitude.

SEC. 3. Disqualifications. - The following are disqualified from running for any elective barangay and sangguniang kabataan positions:

(a) Those sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one (1) year or more of imprisonment, and within two (2) years after service of sentence;

(b) Those removed from office as a result of an administrative case;

(c) Those convicted by final judgment for violating the oath of allegiance to the Republic;

(d) Those with dual citizenship unless at the time of filing of the certificate of candidacy, he makes a personal and sworn renunciation of any and all foreign citizenship before any public officer authorized to administer an oath;

(e) Fugitives from justice in criminal or nonpolitical cases here or abroad. A fugitive from justice includes not only those who flee after conviction to avoid punishment but likewise those who, after being charged, flee to avoid prosecution;

(f) Permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail themselves of the same right after the effectivity of the Local Government Code;

(g) The insane or feeble-minded;

(h) Any candidate who, in an action or protest in which he is a party, is declared by final decision of a competent court to be guilty of having, or is found by the Commission to have committed the following acts shall be disqualified from continuing as a candidate or, if already elected, from holding office:

(1) Given money or other material consideration to influence or induce voters to vote for or against a candidate, or to abstain from voting, or to corrupt government officials and employees performing election functions;

(2) Committed acts of terrorism to enhance his candidacy;

(3) Spent in his election campaign an amount in excess of that allowed by law;

(4) Solicited, received, or made any contribution prohibited under Secs. 89, 95, 96, 97 and 104 of the Omnibus Election Code;

(5) Violated any of Secs. 83, 86 and 261 (pars. e, k, v and cc, sub par. 6) of the same Code; or

(6) Those who have been elected and served for three (3) consecutive terms in the same position. Voluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of service for the full term for which the elective official was elected.

SEC. 4. Candidates holding appointive or elective office. - Appointive barangay, city/municipal, provincial, regional, or national officials or employees, or those in the civil or military service, including those in government-owned or controlled corporations, shall be considered ipso facto resigned from office and must vacate the same at the start of the day of filing of his certificate of candidacy for a barangay or sangguniang kabataan office.

For incumbent municipal, city, provincial and national elective officials running for any barangay elective position shall also be considered ipso facto resigned upon the filing of their certificates of candidacy.

SEC. 5. Certificate of candidacy. - Any person running as candidate for Punong Barangay, Sangguniang Barangay Kagawad, Sangguniang Kabataan Chairman or Sangguniang Kabataan Kagawad shall file a sworn certificate of candidacy in triplicate in the form attached herein as Annexes "A", "A-1", "B" and "B-1" respectively.  The format of the certificate of candidacy may be obtained from the Election Officer, free of charge or may be downloaded from the Comelec website at www.comelec.gov.ph.

The certificate of candidacy shall be filed during regular working hours, from 8:00 o'clock in the morning to 5:00 o'clock in the afternoon, from October 1, 2010 to October 13, 2010, inclusive, with the Office of the Election Officer of the city/municipality concerned.  However, on the last day of filing, the Office of the Election Officer shall receive the certificates of candidacy until 12:00 o'clock midnight.

Certificates of candidacy shall be filed personally or through a duly authorized representative who must present a written authorization under oath.  No certificate of candidacy shall be filed or accepted by mail, telegram or facsimile.

No person shall be eligible to run for more than one office, that is, Punong Barangay and Barangay Kagawad, and if he files his certificate of candidacy for more than one office, he shall not be eligible for any one 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.

In cities/municipalities where there are two or more Election Officers, the certificate of calididacy shall be filed with the Office of the Election Officer having jurisdiction over the barangay where he is a candidate.

The Election Officer or any authorized employee receiving the certificate shall record in separate logbooks, the date and time of receipt of the certificates of candidacy of barangay and sangguniang kabataan candidates. The date and time of receipt shall also be indicated in each copy of the certificate of candidacy.

SEC. 6. Contents of certificate of candidacy. - The certificate of candidacy shall contain the following:

(A) A statement announcing the candidacy of the person filing it;

(b) The position for which he is a candidate;

(c) A statement that he is eligible for said position;

(d) His citizenship, residence and date of birth;

(e) His post office address for election purpose;

(f) His profession or occupation;

(g) A statement that he is eligible for the office he is running for;

(h) A statement that he will support and defend the Constitution of the Republic of the Philippines and maintain true faith and allegiance thereto, and that he will obey the laws and legal orders promulgated by the duly-constituted authorities;

(i) A declaration that he is not a permanent resident of, or an immigrant to, a foreign country;

(j) That he assumes the obligations imposed by his oath voluntarily, without mental reservation or purpose of evasion; and that the facts stated in the certificate of candidacy are true to the best of his knowledge; and

(k) Such other data as may be required by the Commission.

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 Hadj name after performing the prescribed religious pilgrimage. However, 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 surnames, except an incumbent who may continue to use the name and surname stated in his certificate of candidacy when he was elected. He may also include one (1) nickname or stage name by which he is generally or popularly known in the locality. Titles such as Don, Hadji, Datu, Atty., Dr. or other words of similar import shall not be allowed.

SEC. 7. Certificates of candidacy filed by persons who are not registered voters or those filed through mail, telegram, facsimile. Effect. - Certificates of candidacy of persons who are not registered voters in the barangay where they intend to run; or those filed through mail, telegram or facsimile shall not be accepted. For this purpose, the Election Officer shall issue a Certification to the persons whose certificate of candidacy has not been accepted.

SEC. 8. Distribution of certificates of candidacy and preparation of list of candidates. - (a) Copies of the certificate of candidacy shall be distributed by the Election Officer as follows:

(1) For Barangay Officials:

1. First Copy, to the Election Records and Statistics Department, Commission on Elections, Manila;
2. Second Copy, to be retained by the Election Officer for his file; and
3. Third Copy, to be retained by the candidate concerned.

(2) For Sangguniang Kabataan Officials:

1. First copy, to the Election Records and Statistics Department, Commission on Elections, Manila;
2. Second copy, to be retained by the Election Officer for his file; and
3. Third copy, to be retained by the candidate concerned.

(b) Immediately after the last day for the filling of certificates of candidacy, the Election Officer shall prepare a certified consolidated list of all candidates for elective Barangay and Sangguniang Kabataan officials per barangay.

(c) Within two (2) days after the last day for the filing of certificates of candidacy, the Election Officer shall transmit to the Election Records and Statistics Department, Commission on Elections, Manila the following:

1. 
   
   
   
   a copy of the said list of candidates together with the first copy of the certificates of candidacy of the Barangay and Sangguniang Kabataan candidates; and
2. a list of persons whose certificates of candidacy were not accepted and the reason/s for non-acceptance.

(d) At least seven (7) days before election day or not later than October 18, 2010, the Election Officer shall post copies of said lists in the barangay hall and in three, (3) other conspicuous places in the barangay.

(e) The Election Records and Statistics Department shall acknowledge receipt of said copies and list within two (2) days from receipt thereof.

SEC. 9. Withdrawal of certificate of candidacy. - Any person who has filed a certificate of candidacy may withdraw it at any time before election day. A sworn declaration of withdrawal shall be filed personally, in triplicate with the Office of the Election Officer where the certificate of candidacy was filed. The certificate of candidacy shall be deemed withdrawn upon filing of the sworn declaration of withdrawal.

The declaration of withdrawal shall be distributed in the same manner as the certificates of candidacy, furnishing a copy or copies thereof to the Board(s) of Election Tellers concerned.

The copy for the Election Records and Statistics Department, Commission on Elections, Manila shall be transmitted within twenty-four (24) hours from the filing of the declaration. The Election Records and Statistics Department shall immediately acknowledge receipt thereof.

The filing or withdrawal of a certificate of candidacy shall not affect any civil, criminal or administrative liabilities of the candidate concerned.

SEC. 10. Substitution of candidates. - There shall be no substitution of candidates for sangguniang kabataan elections, but substitution by the spouse shall be allowed for candidates for barangay elections.

The substitute for a candidate who died or suffered permanent incapacity or disqualified by final judgment, may file his certificate of candidacy up to mid-day of election day, 12 o'clock noon of October 25, 2010. If the death or permanent disability should occur between the day before the election and mid-day of election day, the substitute candidate may file the certificate with any Board of Election Tellers (BET) in the political subdivision where he is a candidate.

SEC. 11. Authority of the Election Officer to administer oath. - For purposes of the barangay and sangguniang kabataan elections the Election Officer shall be authorized to administer oaths, free of charge, on all matters related to the conduct of said elections, including the administration of oath to certificates of candidacy.

SEC. 12. Effectivity. - This Resolution shall take effect on the seventh day after its publication in two (2) daily newspaper of general circulation in the Philippines.

SEC. 13. Dissemination. - The Education and Information Department shall cause the immediate publication of this resolution, give the same the widest dissemination possible and furnish copies thereof to all Regional Election Directors, Provincial Election Supervisors and Election Officers.

S0 ORDERED.

(Sgd.) JOSE A.R. MELO Chairman
(Sgd.) RENE V. SARMIENTO Commissioner	(Sgd.) NICODEMO T. FERRER Commissioner
(Sgd.) LUCENITO N. TAGLE Commissioner	(Sgd.) ARMANDO C. VELASCO Commissioner
(Sgd.) ELIAS R. YUSOPH Commissioner	(Voted in favor of this resolution, but on official business at the time of its signing.) GREGORIO Y. LARRAZABAL Commissioner

When Is the Schedule for Filing Certificates of Candidacy for Brgy & SK Elections?

RESOLUTION No. 9019

CALENDAR OF ACTIVITIES AND PERIODS OF CERTAIN PROHIBITED ACTS IN CONNECTION WITH THE OCTOBER 25, 2010 SYNCHRONIZED SANGGUNIANG KABATAAN AND BARANGAY ELECTIONS.

Promulgation:   31 August 2010

---

The Commission on Elections, pursuant to the powers vested in it by the Constitution of the Republic of the Philippines, the Omnibus Election Code and other election laws, RESOLVED to prescribe, as it hereby prescribes, the following calendar of activities and periods of prohibited acts in connection with the October 25, 2010 Synchronized Sangguniang Kabataan and Barangay Elections.

DATE/PERIOD	ACTIVITIES	PROHIBITED ACTS
August 25, 2010 (WED) to September 5, 2010 (SUN)	Inspection of Polling Places (Sec. 163, OEC).
August 31, 2010 (TUE)	Last day to file petitions for inclusion or exclusion with the proper municipal/ metropolitan trial court (Sections 22 and 23, COMELEC Resolution No. 9005).
September 10, 2010 (FRI)	Submission to the Commission by the heads of reaction/strike forces or similar forces of a complete list of all its members. Sec. 261 (u), OEC).
September 25, 2010 (SAT)	Last day to constitute the members of the Board of Election Tellers and members of the Barangay Boards of Canvassers (Sections 40 and 46, OEC).
September 25, 2010 (SAT)	Last day of posting the Computerized Voters' List (CVL) for purposes of the Synchronized Elections of Sangguniang Kabataan and Barangay Officials (Sec. 30, R.A. 8189 in relation to Sec. 28, R.A. 8436)
September 25, 2010 (SAT) - October 25, 2010 (MON)		Issuance of appointments, promotions, creation of new positions, or giving of salary increases in government offices, agencies or instrumentalities (Sec. 261 (g), OEC).
September 25, 2010 (SAT) - October 25, 2010 (MON)		Raising of funds thru dances, lotteries, cockfights, etc. (Sec. 97, OEC).
September 25, 2010 (SAT) - November 10, 2010 (WED) (30 DAYS BEFORE THE DATE OF THE ELECTION AND 15 DAYS THEREAFTER)	ELECTION PERIOD	Alteration of territory of a precinct or establishment of a new precinct (Sec. 5, R.A. 8189).
		Illegal release of prisoners (Sec. 261 (n), OEC n relation to Sec. 28, R.A. 8436).
		Carrying of firearm/deadly weapons, including wearing of uniforms, insignias, etc. (Sec. 261 (p), (q) and (s) as amended by Sec. 32, R.A. 7166).
		Organizing or maintaining reaction/strike forces or similar forces (Sec. 261 (u), OEC)
		Transfer and detail of officers and employees in the civil service, including public school teachers (Sec. 261 (h), OEC.
		Suspension of any elective provincial, city, municipal or barangay officer (Sec. 261 (x), OEC).
		Use of security personnel or bodyguards by candidates whether or not such bodyguards are regular members of officers of the Philippine National Police (PNP) or the Armed Forces of the Philippines (AFP) or other government law enforcement agency (Sec. 261 (t), OEC as amended by Sec. 33, R.A. 7166).
October 1, 2010 (FRI) - October 13, 2010 (WED)	Filing of Certificates of Candidacy (Sec. 39, OEC).
October 1-4, 2010	Issuance of notice of inspection and verification of the completeness of the Voters' Registration Records compiled in the Book of Voters for each barangay and Sangguniang Kabataan precinct (Sec. 31, R.A. 8189 n relation to Sec. 28, R.A. 8436).
October 5, 2010 (TUE) - October 10, 2010 (SUN)	Inspection and verification of completeness of the Voters' Registration Records and sealing of the Book of Voters for each barangay and sangguniang kabataan precinct (Sec. 31, R.A. 8189).
October 14, 2010 (THU) - October 23, 2010 (SAT)	CAMPAIGNING Holding of barangay assemblies and candidates fora (Sec. 47, OEC).	Posting, displaying, distributing and using illegal campaign materials (Sec. 85, OEC).
October 18, 2010 (MON)	Last day of filing of disqualification cases against a candidate (Sec. 78, OEC).
		Removing, destroying, obliterating, defacing, tampering or preventing distribution of lawful election propaganda (Sec. 83, OEC).
		Making any donation or gift in cash or in kind, etc. (Sec. 104, OEC).
		Use of armored/land/water/air craft (Sec. 261 (r), OEC).
		Appointing or using special policemen, special/confidential agents or the like (Sec. 261 (m), OEC).
		Construction or maintenance of provincial, city, municipal or barangay-funded, roads and bridges. (Sec. 3, R.A. 6679).
October 24, 2010 (SUN)	EVE OF ELECTION	Campaigning (Sec. 3, OEC).
		Selling, furnishing, offering, buying, serving or taking intoxicating liquor, etc. (Sec. 261 (dd), (1), OEC).
		Giving, accepting, free transportation, food, drinks and things of value (Sec. 89, OEC).
		(Note: Acts mentioned in three preceding paragraphs: Secs. 3, 261 (dd) (1), and 89, OEC, are prohibited until election day).
October 25, 2010 (MON)	ELECTION DAY
	Casting of votes (From 7:00 o'clock a.m. to 3:00 o'clock p.m. (Sec. 190, OEC)	Vote buying and vote selling (Sec. 261 (a), OEC).
	Counting and canvassing of votes and proclamation of winning candidates (immediately after 3:00 o'clock p.m.).	Voting more than once or in substitution of another (Sec. 261(z), (2) and (3), OEC).
		Soliciting votes or undertaking any propaganda for or against any candidate or any political party within the polling place or within thirty (30) meters thereof (Sec. 261 (cc), (6),OEC).
		Selling, furnishing, offering buying, serving or taking intoxicating liquor, etc. (Sec. 261 (dd), (1), OEC).
		Opening of booths or stalls for the sale, etc., of wares, merchandise or refreshments within thirty (30) meters radius from the polling place (Sec. 261 (dd), (21, OEC).
		Giving and/or accepting free transportation, food, drinks and things of value (Sec. 89, OEC).
		Holding of fairs, cockfights, boxing, horse races or similar sports. (Sec. 261, (dd), (3), OEC).
October 30, 2010 (SAT) - November 10, 2010 (WED)	Filing of sworn statements of election contributions and expenditures (Sec. 14, R.A. 7166).

The Deputy Executive Director for Operations and concurrent Acting Executive Director shall immediately implement this Resolution.

The Education and Information Department (EID) is directed to cause the dissemination of this Resolution and its publication in two (2) newspapers of general circulation in the Philippines.

This Resolution shall take effect on the seventh (7) day affer its publication.

S0 ORDERED.

(Sgd.) JOSE A.R. MELO Chairman
(Sgd.) RENE V. SARMIENTO Commissioner	(Sgd.) NICODEMO T. FERRER Commissioner
(Sgd.) LUCENITO N. TAGLE Commissioner	(Sgd.) ARMANDO C. VELASCO  Commissioner
(On Official Business) ELIAS R. YUSOPH Commissioner	(Sgd.) GREGORIO Y. LARRAZABAL Commissioner