Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SIXTEENTH CONGRESS
First Regular Session

3255

House Bill No.

Introduced by REPRESENTATIVE ERIC L. OLIVAREZ

EXPLANATORY NOTE

To protect the rights and privileges of those appointed to the BEI (Board of
Election Inspectors) and thereby improve the integrity of elections, the bill
likewise seeks to institutionalize a package of benefits and privileges for BET
members, as follows:

1, Honoraria and travel allowance;

2. Compulsory insurance coverage with the GSIS;

3. Legal assistance and indemnification;

4. Voting privilege in the precinct where he/she is assigned on election
day

5. Options of public school teachers as BEI members

Italso provides for regular and adequate training program for all BEI members
and institutionalizes the provision of security for BEI members to be provided
by law enforcement units under the direction of the COMELEC.

This bill has been a long-standing demand of public school teachers
nationwide since the advent of elections in the country. Through the years,
public school teachers are often subjected to harassment, humiliation, and
hardship, and even violence during the election period.

Unfortunately, teachers cannot refuse to serve and can only refuse if he/she is:
a) related within the fourth degree if consanguinity or affinity to any of the
candidates or his spouse; b) Sick or otherwise pregnant; or for ¢) other physical
incapacity.

The practice in other countries shows that elections tellers (or BEI in the
Philippine setting) are not necessarily public school teachers but come from all
sectors of society. In fact, the world-wide trend is to open up election service to
citizens of known probity and competence and not limit it to teachers. Since
elections are fundamental in any democracy, election service must therefore be
the burden of all citizens and not only by public school teachers.


Our election laws already provide for the participation of other sectors in
elections such as the local government units, military and police, NBI, poll
waters, canvassing watchers, hence, other sectors already participate in
elections.

Moreover, should public school teachers be unavailable to serve, the country
has a considerable number of civil society organization and NGOs who are
regularly involved in elections (such as PPCRV and NAMFREL) and they
have the competence and integrity to take the place of teachers.

nd ON,

ERIC L. OLIVAREZ


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SIXTEENTH CONGRESS
First Regular Session

3255

House Bill No.

Introduced by REPRESENTATIVE ERIC L. OLIVAREZ

AN ACT
MAKING ELECTION SERVICE VOLUNTARY FOR PUBLIC SCHOOL
TEACHERS AND OTHER QUALIFIED CITIZENS, PROVIDING FOR
INSURANCE AND OTHER BENEFITS, AMENDING FOR THE
PURPOSE THE OMNIBUS ELECTION CODE, REPUBLIC ACT NO.
6646, AND OTHER ELECTION LAWS,

Section 1. Short Title - This act shall be known as the “BEI Reform Act of
2013.”

Section 2. Definition of Terms — in this Act:

a) Commission or COMELEC refers to the Commission on Elections.

b) BEI refers to the Board of Election Inspectors.

¢) SBET refers to the Special Board of Election Inspectors.

d) BET refers to Board of Election Tellers.

e) SBET refers to Special Board of Election Tellers.

f) DepEd refers to the Department of Education

g) PNPrefers to the Philippine National Police

h) AFP refers to the Armend Forces of the Philippines and all its constituent
commands and units

Election — related risk refers to any death or injury happening on the
occasion of during the performance of duties relating to the election.
Beneficiaries refer to the spouse until the spouse remarries, the legitimate,
legitimated or legally adopted, and illegitimate children, who shall be the
primary beneficiaries of the member: Provided, That the illegitimate
children shall be entitled to fifty percent (50%) of the share of the
legitimate, legitimated or legally adopted children: Provided, further, That
in the absence of the legitimate, legitimated children of the member, the
dependent illegitimate children shall be entitled to one hundred percent
(100%) of the benefits. In their absence, the parents shall be secondary
beneficiaries of the member and, in the absence of all foregoing, any
other person designated by the member as the secondary beneficiary
shall be entitled to one hundred percent (100%) of the benefits

J


Section 3. Voluntary Election Service - Section 13 of Republic Act No. 6646 is
hereby amended to read as follows:

“Section 13, Board of Election Inspectors ~ The Board of Election
Inspectors to be constituted by the Commission under Section 164 of Batas
Pambansa Blg. 881 shall be composed of chairman and two (2) members, one
of whom shall be designated as poll clerk, all of whom shall be public school
teachers[, giving preference to those with permanent appointments. In case
there are not enough public school teachers, teachers in public school 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 election duty.) WHO VOLUNTEER TO SERVE:
PROVIDED, THAT THEY ARE REGISTERED VOTERS OF THE CITY
OR MUNICIPALITY WHERE THEY WISH TO SERVE ON ELECTION
DAY.

SHOULD THERE BE NO TEACHERS WILLING TO SERVE, THE
BEI SHALL BE APPOINTED FROM AMONG THE FOLLOWING
SECTORS IN ORDER OF PREFERENCE: PROVIDED, THEY ARE
REGISTERED VOTERS OF THE CITY OR MUNICIPALITY WHERE
THEY WISH TO SERVE, TO WIT:

a. Civil Servants/Government Employees:
i. DepEd Non-Teaching Personnel
ii, Other government officials and employees holding regular
or permanent positions.

. Private School Teachers;

.. Members of COMELEC-accredited citizen’s arms and other
civil society organizations and non-governmental organizations
duly accredited by COMELEC;

d. Any citizen of known probity and competence.

os

Section 4. Honoraria and Allowances - Those appointed by the Commission as
members of the Board of Election Inspectors (BEI), the Special Board of
Election Inspectors (SBEI), the Board of Election Tellers (BET), and Special
Board of Election Tellers (SBET) and their support staff, shall be entitled to
honoraria in the amount of at least P6,000.00, travel allowance of at least
P1,000,00, and such other benefits as may be granted by the Commission.
Such amounts shall be reviewed by the Commission in consultation with the
DepEd every three (3) years thereafter, but in no case shall be lower than the
above provided amount.

Section 5. Insurance - Coverage in an insurance system shall be compulsory for
all persons receiving honoraria from the Commission as members of the BEI,
SBEI, BET, and SBET as provided in Section 4 above.

Section 6. Commencement /Termination of Coverage ~ The insurance coverage
shall commence from the time the insured is exposed to any election-related
risk, starting from his/her appointment to the BEI, SBEI, BET or SBET, as the
case may be, and shall terminate at the end of the election period as
determined by the Commission.


Section 7. Payment of Premium, - It shall be mandatory for the
Commission to pay the corresponding premium to a private insurance
company to be selected by the Commission.

(a) The Commission shall include in its annual appropriation the
necessary amounts for the premiums.

(b) It shall be mandatory and compulsory for the Commission to
include the payment of the premiums in its annual appropriations.

Section 8. Collection and Remittance of Premium. ~ (a) The Commission shall
submit to the insurance company the names of all its appointed or designated
BEI, SBEI, BET or SBET on a given election, their corresponding
appointment status, positions, honoraria and such other pertinent
information as may be required.

(a) The Commission shall remit directly to the insurance company
the required premiums within ten (10) days after the appointment of
the BEI, SBEI, BET or SBET. The Commission shall furnish the
insurance company a list of those who actually served during the
election as members of the BEI, SBEI, BET, or SBET who, after
their appointment, are substituted by other teachers, employees, or by
private citizens.

Section 9. Benefits. — the insured shall be entitled to the following benefits:

(a) Death Benefits - The amount of Two hundred thousand
pesos (P200,000.00) shall be awarded to the beneficiaries on the
first (I ) year of implementation of this law. Such amount
shall be reviewed by the Commission every three (3) years
thereafter, but in no case shall be lower than the above provided
amount.

(6) Hospitalization Benefits. - The insurance shall cover the
hospitalization and medical expenses of the insured
beneficiary until recovery.

Section 10. Administration of Funds. — The funds allocated to the Commission
for insurance coverage shall not be used for purposes other than what are
provided for by this Act.

Section 11. Legal Assistance ~ All members of the BEI, SBEI, BET and SBET
and their support staff receiving honoraria from the Commission under Section
4 of this Act are hereby authorized to engage the services of government or
private lawyers immediately upon receipt of notice that a civil or criminal
action, suit or proceeding is filed against them. The lawyers fees shall be part
of the indemnification package for BEI members, subject to the provision of
Section 12 hereof.

Section 12. Indemnification ~The Commision shall establish an equitable legal
indemnification package for BEI members rendering election service which
shall be in the form of legal assistance or other forms of legal protection and
indemnification for all legal costs and expenses incurred by such persons in
any civil or criminal action, suit or proceeding to which they have been made a
party by reason of the performance of their functions or duties, unless they are


finally adjudged in such action or proceeding to be liable for gross negligence
or misconduct or grave abuse of discretion.

In the event of settlement or compromise, indemnification shall be
confined only to matters covered by the settlement, as to which the
Commission had been advised by counsel that the public officials to be
indemnified have not committed gross negligence or misconduct in the
performance of their functions and duties.

Section 13. Voting Privileges of BEI Members - Members of the BEI, SBEI, BET
or SBET and their support staff may vote in the polling place 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 their voting in
the precinct where they are not registered voters be noted in the minutes of the
BEI.

Pursuant thereto, the Election Officer, whether in acting or permanent
capacity, or in his absence, the Election Assistant of the city or municipality
shall, after 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 SBET and their support staff using as
basis the separate minutes of voting where exercise of said privilege was
recorded.

Section 14. Exemption from Tax and Legal Processes. — Premiums for the life
insurance paid by the Commission and the benefits paid by the Commission
and the insurance company to the BEI, the SBEI, the BET, and SBET and
their support staff shall be exempted from income tax.

Section 15. Implementing Rules and Regulations - Within sixty (60) days from
the promulgation of this Act, the Commision with the assistance of the
Department of Education, Insurance Commission, Office of the Solicitor
General, and such other civil society organizations as may be determined by
COMELEC shall formulate the Implementing Rules and Regulations of this
Act.

Section 16. Repealing Clause ~ The provisions of the Omnibus Election Code
(BP. Big. 881), Republic Act No. 6646, Republic Act 6679, Republic Act No.
7166, Republic Act 8189, regulations, or other issuance or any part thereof
inconsistent with the provision of the Act are hereby repealed or modified
accordingly. All other laws, rules and regulations that may be inconsistent with
the provisions of this Act are hereby repealed or amended accordingly.

SEC. 17. Separability Clause. — If any of the sections or provisions of this Act
is adjudged invalid, all its other provisions not affected thereby shall remain in
force.

SEC. 18. Effectivity Clause. - This Act shall take effect fifteen (15) days after

its complete publication in the Official Gazette or in at least two (2)
newspapers of general circulation, whichever comes earlier.

Approved,