SIXTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Third Regular Session 
) 
SENATE 
S. B. No. 2939 
"1'5 
SEP -8 
1\ 9 :30 
Introduced by Senator Aquilino "Koko" Pimentel III 
AN ACT 
PROVIDING HONORARIA AND ALLOWANCES, SERVICE 
CREDITS, LEGAL ASSISTANCE AND INDEMNIFICATION 
PACKAGE, AND OTHER BENEFITS FOR PERSONS 
RENDERING ELECTION SERVICE 
EXPLANATORY NOTE 
Due to the high esteem we place on teachers, they are considered as 
the most honest and credible members of the civil service. For this reason, 
the law placed in their hands thc solemn duty of ensuring the sanctity of 
our elections. Section 13 of Republic Act No. 6646, otherwise known as 
"The Electoral Reforms Law of 1987," provides that the Board of Election 
Inspectors (BEl) shall be public school teachers while Section 40 of Batas 
Pambansa BIg. 881, otherwise known as the "The Omnibus Election 
Code," provides that the Chairman of the Board of Election Tellers (BET) 
shall be a public elementary school teacher. 
However, because of their election duty, our public school teachers 
and other persons rendcring election servicc have been subjected to 
harassment by rival parties and goons, have bcen vulnerable to criminal 
prosecution without adequate legal support, and have endured long, 
tension-filled work at meager allowances. 
Not only will this bill increase the honoraria and allowances of 
public school teachers and other persons rendering election service, but it 
will also institutionalize governmcnt assistance to those serving as poll 
workers in the torms of legal, medical, death assistance, and other benetits 
package as protection for election-related risks. 
f\ no \',_ ~ A-~v 
AQU11~ '1(OKo~'JMENTEL m 


SIXTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES) 
Third Regular 5'ession 
) 
SENATE 
S. 13. No. 
2939 
Ti SEP -8 A9 :30 
Introduced by Senator Aquili 0 "Kolm" PimelltellII 
ANAC 
PROVIDING HONORARIA AND 
LLOW ANCES, SERVICE 
CREDITS, LEGAL ASSISTANCE AND INDEMNIFICATION 
PACKAGE, AND OTHER BE EFITS FOR PERSONS 
RENDERING ELEC ION SERVICE 
Be it enacted by the Senate and the 
ouse of Representatives of the 
Philippines in Congress assembled: 
1 
SECTION 1. Definition of Ter s. -
As used In this Act, the 
2 
following tcrms shall mcan: 
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4 
(a) 
"Beneficiaries" shall rder to the qualified compulsory heirs of 
5 
the deceased person rendering elcction s vice under this Act. 
6 
7 
(b) 
"Commission" shall refer to tre Commission on Elections. 
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(c) 
"Compensation" shall refer to per diem, honoraria, or 
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alIowances granted to the Chairperson and members of the Board of 
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Election Inspectors (BEl), Special Board of Election Inspectors (SBEI), 
12 
Board of Election Tellers (BET), Special Board of Election Tellers 
13 
(SHET), hereinafter collectively referred to as "1~lectoral Boards," or 


1 
Department of Education Supervisor Official (DESO), and their support 
2 
staff under this Act. 
3 
4 
(d) 
"Department or DepEd" shall refer to the Department of 
5 
Education. 
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7 
(e) 
"Election-related risk" shall refer to any death or injury 
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sustained by reason of or on thc occasion of the performance of election 
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service or duties. 
10 
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(f) 
"Persons rendering election service" shall refer to persons 
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appointed by the Commission to render clection-related servIce as 
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Chairperson or member of the BEl, SHE!, BET, SBET, and DESO, and 
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their support staff. 
15 
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(g) 
"Other benefits" shall refer to death and/or hospitalization 
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benefits granted to persons rendering election service or to their qualified 
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beneficiaries under this Act, including the provision for legal assistance 
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and legal indemnification. 
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SECTION 2. Honoraria and Allowances. -
Persons rendering 
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election service shall be entitled to honoraria, travel allowance, and such 
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other benefits as may be granted by the Commission. 
24 
25 
For the first implementation of this Act, the following shall be 
26 
entitled to the corresponding honoraria: 
27 
28 
Chairperson ofElcctoral Boards 
P6,OOO.OO 
29 
Members of Electoral Boards 
P5,OOO.OO 
2 


1 
2 
3 
DESO 
Support Staff 
[>4,000.00 
[>2,000.00 
4 
A II of the foregoing shall he entitled to an additional travel 
5 
allowance of One Thousand Pesos (P1,000.00) each. 
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Such honoraria and allowances shall be paid within fifteen (15) days 
8 
from the date of election. 
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Such amounts shall be reviewed by the Commission in consultation 
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with the DepEd every three (3) years thereafter but in no case shall be 
12 
lower than herein provided. 
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SECTION 3. Service Credit. - A minimum of five (5) days service 
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credit shall accrue to all government officials and employees serving as 
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members ofthe BEl. 
17 
18 
SECTION 4. Other Benefits. - Persons rendering election service 
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shall be entitled to death and/or medical assistance for election-related 
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risks to be drawn from the Trust Fund provided in this Act. 
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(a) 
Death Benefits - The amount of Five Hundred Thousand 
23 
Pesos (P500,000.00) shall be awarded to the qualified beneficiaries. Such 
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amount shall be reviewed by the Commission every three (3) years 
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thereafter, but in no case shall he lower than herein provided. 
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(b) 
Medical Assistance - persons rendering election service shall 
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be entitled to mcdical assistance in such amount as may be determined hy 
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1 
the Commission, sufficient to answer for medical and hospitalization 
2 
expenses, until recovery. 
3 
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SECTION 5. I"egal Assistance. - Persons rendering election service 
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are hereby authorizcd to engage the serviccs of government or private 
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lawyers immediately upon rcceipt of notice that a civil or criminal action, 
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suit, or administrative proceeding is tilcd against them. The lawyer's fee 
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shall be part of the indemnification package under this Act, subject to the 
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provisions of the immediately succeeding section. 
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SECTION 6. indemn!fication. - The Commission shall establish an 
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equitable legal indemnification package for persons rendering election 
13 
service which shall be in the form of legal assistance and other forms of 
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legal protection and indemnification for all legal costs and cxpenses 
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reasonably incurred by such persons in any administrative, civil, or 
16 
criminal action, suit or proceeding to whieh they have been made a party 
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by reason of the performance of their functions or duties, unless they are 
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finally adjudged in such action or procecding to be guilty of an election 
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offense. 
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21 
Thc legal assistance and indemnification shall not cover any action 
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or suit initiated by a person rendering election service in his or her personal 
23 
capacity or on behalf of the Commission, unless such action, proceeding, 
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or claim was authorized by the Commission. 
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SECTION 7. Procedure. - The claimants shall file their respective 
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claims for legal assistance and indemnification with their respective 
28 
agencies and shall secure the approval ofthcir respective heads of agencies 
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on the terms and conditions of the engagement of counsel. 
Private 
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1 
individuals rendering election service shall file their claims with the 
2 
Commission. 
3 
4 
If the claimant is f()und not guilty of an election offense, he shall 
5 
liquidate his cash advances or be allowed reimburscment for reasonable 
6 
expenses, as the case may be. However, if the claimant is found to be 
7 
guilty of an election offense, he shall be denied reimbursement or if cash 
8 
advances have been made, he shall return the cash advance made through 
9 
salary deduction or reimbursement, as may be applicable. 
10 
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The funds to be used for the grant of legal assistance and 
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indemnification shall be drawn from the agency's annual appropriation and 
13 
from the trust fund provided under this Act. 
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SECTION 8. Election G.Ocnse.- Any person who makes or causes 
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the delay in the paymcnt of thc honoraria and allowances due persons 
17 
rendering election service beyond the prescribed period of fifteen (15) days 
18 
from the date of election shall be liable for an election offense. 
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SECTION 9. Establishment and Administration of a Trust Fund. ~ 
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The Commission shall establish a special trust fund lor medical assistance, 
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death benefits, legal assistance and indemnification as provided under this 
23 
Act. The funds allocated to the Commission shall not be used for purposes 
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other than what are provided for by this Act. 
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SECTION 10. Appropriation. -- The initial funding ofthis Act shall 
27 
be charged against the current year's appropriations of the Commission. 
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Therealler, such amount as may be necessary t()r the continued 
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1 
implementation of this Act shall be included in the annual General 
2 
Appropriations Act. 
3 
4 
SECTION 11. 
Implementing Rules and Regulations. -
Within 
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ninety (90) days from the promulgation of this Act, the COMELEC with 
6 
the assistance of DepEd. Of1ice of the Solicitor General, Department of 
7 
Justice, 
National 
Teacher 
Organizations, 
Election 
Monitoring 
8 
Organizations, and such other civil society organizations as may be 
9 
determined by thc COMELEC shall formulate the lmplementing Rules and 
10 
Regulations of this Act. 
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SECTION 12. Separability Clause. - Should any provision of this 
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14 
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Act or part hereof be declared unconstitutional, the othcr provisions or 
parts not affected thereby shall remain valid and effective. 
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SECTION 13. Repealing Clause. - All laws, decrees, orders, and 
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issuances, or portions thereof. which are inconsistent with the provisions of 
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this Act, are hereby repealed, amended or modified accordingly. 
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SECTION 14. E.Yfectivity. - This Act shall take effect after fifteen 
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(15) days after its publication in two (2) newspapers of general circulation. 
Approved, 
6