Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

16” Congress
First Regular Session

3458

HOUSE BILL NO.

Introduced by Representative Lawrence Lemuel H. Fortun

EXPLANATORY NOTE

ative mechanism for

Elections are indispensable to a democracy, the same being an impe
direct consultation with the people for the purpose of determining in whose hands the reins of
government are to be entrusted for a given period. Such being the case, the manner by which
elections are conducted is critical to the shaping of the future of a country. Because of the utmost
importance of the exercise, participation therein either by voting or performing election duty, has
been considered an essential civie duty of every citizen,

In the Philippines, election duty has been relegated specifically to public school teachers who are,
by lav, mandated to serve during the conduct of elections. It is only under limited circumstances
hat professionals or persons of probity, other than public school teachers, may be designated to
perform clection duty, Because the requirement is mandatory, public teachers cannot refuse to
serve during elections except in a few cases such as: a) when he or she is related within the fourth
civil degree of consanguinity or affinity to a candidate or the latter's spouse; b) when he or she is
sick or is sullering from physical incapacity. Worse, the law does not provide for sufficient
remuneration and benefits and security for public school teachers performing election duty, In
many eases, they are subjected to humiliation, threats, harassment and violence without sufficient
protection under our laws.

“Phe practice in other countries, however, is more consistent with the principle that election
service is a civie duty of every citizen, In many other counties, the election boards are composed
not necessarily of teachers but also of other members coming from different sectors. ‘The world-
wide trend is (6 open up election service to citizens of known probity and competence. The
conduct of elections being a democratic exercise, the voluntary participation of citizens from

different sectors should be encouraged.

‘This bill, therefore, seeks to make membership in the Board of Election Inspectors, Board
of Election Tellers or Special Board of Election Inspectors in precincts or clustered precincts
voluntary and not limited only (© teachers. This measure has been for the Jongest time the appeal
of public school teachers anywhere in the county. The time has come to address it by passing this
measure into law now.

for reasonable

‘The bill seeks not only to make election duty voluntary, but also to provid
honoratia, allowance, and other benelits and privileges such as compulsory iyurance coverage,
legal assistance and indemnification and special voting privilege, (o citizens Assigned to perform
election duty.

In view of the foregoing, the immediate passage of into laws most earnestly sought.

Dist., Agus} cal



Republic of die Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16" Congress
First Regular Session

HOUSE BILL NO. 3458

AN ACT.
MAKING MEMBERSHIP IN PRECINCT ELECTION BOARDS VOLUNTARY,
PROVIDING FOR HONORARIA AND OTHER BENEFITS THEREFOR, AMENDING
R.A, 6646 FOR THE PURPOSE AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:

Section 1. Short Title, This Act shall be known as the “Election Board Reform Act of 20)
Section 2. Section 13 of Republic Act 6646 is hereby amended to read as follows:

Section 18, Board of Election Inspectors, SPECIAL BOARD OF ELECTION
INSPECTORS AND THE BOARD OF ELECTION TELLERS. - A board of clection
inspectors, SPECIAL BOARD OF ELECTION INSPECTORS AND THE BOARD OF
ELECTION TELLERS, to be constituted in every precinct or cluster of precincts, as the case may
be, by the Commission on Elections Junder Section 164 of Batas Pambansa Blg. 881] shall be
composed of a chairman and (ro (2) members, one of whom shall be designated as poll clerk, all
of whom shall be public school teachers |, giving preference lo those with permanent
appointments, In case dere are not enough public school teachers, teachers in private schools,
employees in the civil service, or other citizens of known probity and competence who are
registered voters of the city or municipality may be appointed for clection duty.| WHO HAVE
VOLUNTEERED TO SERVE AND PERFORM ELECTION DUTY; PROVIDED THAT,
‘THEY ARE REGISTERED VOTERS OF THE CITY OR MUNICIPALITY WHERE THEY
WILL SERVE ON ELECTION DAY,

IN CASES WHERE A BEI, THE SBEI OR A BET CANNOT BE CONSTITUTED
BY REASON OF THE LACK OR INSUFFICIENCY OF THE NUMBER OF TEACHERS
WHO ARE WILLING TO SERVE, THE CHAIRMANSHIP OR MEMBERSHIPS
‘THEREOF SHALL BE FILLED FROM AMONG THE FOLLOWING WHO MAY ALSO
VOLUNTEER TO RENDER ELECTION DUTY, IN NO ORDER OF PREFERENCE:

a, Government Employees including Non-Teaching Personnel and other government
officials and employees holding regular or permanent positions;

b.. Private School ‘Teachei

¢. Members of COMEL
non-government organizations, or private organizations duly accredited by COMELEG;

d, Any citizen of known probity and competence,

Section 2, Honoraria and Allowances, -Members of the Board of Election Inspectors (BED, the
Special Board of Election Inspectors (SBED, and the Board of B
cutitled to honoraria in the amount of NC THAN 6,000, travel allowan
THAN P1,000 and such other benefits as may be granted by de Comm
id honoraria, travel allowance and other benefits shi
jon with the DepEd every three (3) years from the enactment of this law
for possible adjustments, but in no case shall any adjustment result in the diminution thereof,

1 on

be reviewed by the



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Section 3, Insurance, - There shall be a compulsory insurance coverage of all members of the
i SBEI, and BET which shall commence upon their appointment to the Board by the
COMELEC and end fifteen (15) days afier the election,

‘The members of the BEI, SBEI, and BET shall be entitled to following benefits:

(a) Death Benefits = The amount of Two Hundred Thousand Pesos (P200,000) shall be
awarded to the beneficiaries a member of the BEI, SBEL, and BET who has on the
occasion of or during the performance of his/her duties or for reasons related to the
performance of his/her functions as such member

(b) Medical Benefits - ‘The member of the BEI, SBEI and BET shall be entitled to health
insurance benefits covering hospitalization and medical expenses for illnesses that arose
‘on the occasion of or during the performance of his/her duties.

Section 4. Payment of Premium, ‘The COMELEC shall assume payment of insurance premiums
of the mandatory insurance coverage as provided in Section 3 hereof which shall be included in
the Annual Appropriations Act.

Section 5. Beneficiaries, ‘The beneficiaries as provided in Sec. 8 (a) are primarily the legitimate
dependent spouse until the person remarries and the dependent legitimate, legitimated, or legally
adopted, and illegitimate children of the member. In the absence of primary beneficiaries, the
parents of the deceased member shall be the secondary beneficiaries. In the absence of any
primary or secondary beneficiaries, any other person designated by the member as his/her
beneficiary

Section 6. Legal Aid and Assistance Indemnification Package. The COMELEC shall establish an
equitable legal indemnification package FOR MEMBERS OF THE BEI, SBEI and the BET who
may be charged criminally, administratively or civilly for actions arising from the performance of
their duties.

Members of the BEI, SBEI and BET
by either a lawyer in private practice or from the Public Assistance Office of his/her own choosing,
as well as indemnification for all legal costs incurred on account of a criminal, administrative or
civil case maliciously filed against him/her by reason of the performance of his/her duties.

shall be entitled to free legal services and counselling

In the event that a member of the BEI, SBEI and BET is found criminally,
administratively or civilly liable by final judgment of a competent court, he or she shall be
personally liable for all the monetary judgement, including, but not limited to, attorney's fees and
damages.

Section 7. Voting Rights, Members of the BEI, SBEI, BET and their support staff’ may vote in
Une precinet or cluster of precincts where they are assigned on election day; Provided, that they are
registered voters of the city or municipality where they are assigned; and Provided, finally, that the
fact of such voting shall be recorded in the minutes of voting of such precinet or cluster of
precinets,

‘The Election Officer, or in his absence, the Election Assistant of the city or municipality
shall, alter elections, record in the Election day Certified Voters List (EDCVL) of the proper
precincts the voting privilege exercised by the chairmen and members of the BEI, SBEI, BET and
their support staff using as basis the separate minutes of voting where exercise of said privilege was
recorded. Violation of this provision shall constitute an election offense punishable under Section
264 of the Omnibus Election Code,

Section 8. Exemption from Tax. The insurance premium and the indemnification in the form of
death benefits arising from the insurance shall be exempt from tax,

Section 9. Implementing Rules and Regulations, Within ninety (90) days from the promulgation
of this Act, the COMELEC with the assistance of the Department of Education, Insurance
Commission, Office of the Solicitor General, Philippine National Police, Armed Forces of the
Philippines, and such other civil society organizations as may be determined by the COMELEC
shall formulate the Implementing Rules and Regulations of this Act.



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Section 10. Repealing Clause. The provisions of the Omnibus Election Code (BP Blg. 8810,
Republic Act No. 6646, Republic Act No. 7166, Republic Act 8189, regulations, or other issuance
or any part thereof inconsistent with the provisions of this Act are hereby repealed or amended
accordingly.

Section 11. Separability Clause. In the event any of the sections or provisions of this Act is
adjudged invalid, illegal or unconstitutional, the remaining sections and provisions not affected
thereby shall remain in force and effect.

Section 12, Eflectivity Clause. This Act shall take eflect fifteen (15) days trom its complete
publication in the Official Gazette or in a newspaper of generation circulation.

Approved.