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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16" CONGRESS
First Regular Session

HOUSE BILL NO. 3125

Introduced by Representative REGINA ONGSIAKO REYES
Lone District, Marinduque

EXPLANATORY NOTE

The present Election Code provides for the mandatory services of
public school teachers in the various positions in the Board of Election
Inspectors during national as well as local election exercises. The law
primarily requires them to constitute the Board of Election Inspectors.

Experiences, however, would validate that this particular tradition has
been endowed with massive skepticisms not only on the system and
mechanics upon which the process of elections are being conducted. Because
of this, the integrity and character of public school teachers, who are mentors
and models of the young are questioned. More so often, they are arbitrarily
accused of being either partisan or involved in fraudulent election schemes.

This proposed bill, therefore, seeks to remedy that growing negative
impressions upon the public school teachers. This specifically proposes to
free public school teacher from engaging into compulsory election duties as
currently practice thereby opening up election service to other government.
employees, members of Comelec accredited citizen arms and private citizens
of known probity and competence.

Recent electoral history proves the vital role of private sectors in the
conduct of clean and honest elections. Various NGOs, POs and even
churches of every denomination participate and get actively involved in
ensuring the credibility of election activities. Tapping, among others, the
voluntary participation through accreditation of volunteer groups and
individuals, including those coming from the public and private schools,
qualified students, members of the National Service Reserve Corps, and

2013



others, to serve in any electoral contest is an ideal innovation that will
maximize community involvement, enhance people's social responsibility and,
at the same time, excuse public school teachers from the bias scrutiny of the
public.

It is earnestly sought that immediate passage of this bjll is considered.

REGINA ONGSIAKO REYES


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16" CONGRESS
First Regular Session

HOUSE BILLNO. 3125

Introduced by Representative REGINA ONGSIAKO REYES
Lone District, Marinduque

AN ACT
DISENGAGING PUBLIC SCHOOL TEACHERS FROM
COMPULSORY ELECTION DUTIES BY MAKING SUCH ELECTION
SERVICE VOLUNTARY FOR THEM AND OTHER QUALIFIED CITIZENS,
PROVIDING THEM INSURANCE AND OTHER BENEFITS, AMENDING
FOR THE PURPOSE REPUBLIC ACT NO. 6646, OTHERWISE KNOWN
AS THE ELECTORAL REFORMS LAW OF 1987

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

Section 1, Section 13 Republic Act No. 6646 is hereby amended to
read as follows:

“Section 13. Board of Election Inspectors. (a) The Board of Election
Inspectors to be constituted by the Commission under Section 164 of Batas
Pambansa Bilang 881 shall be composed of a 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 private schools, employees in the civil service, or other citizens of known
probity and competence who are registered voters of the city of municipality
may be appointed for election duty.) VOLUNTEERS, WHO ARE REGISTERED


VOTERS OF THE CITY OR MUNICIPALITY WHERE THEY WISH TO SERVE ON
ELECTION DAY, WHO SHALL BE APPOINTED FROM AMONG THE FOLLOWING
SECTORS IN ORDER OF PREFERENCE:

A. CIVIL SERVANTS OR GOVERNMENT EMPLOYEES;

B. DEPED TEACHING AND NON-TEACHING PERSONNEL;

C. OTHER GOVERNMENT OFFICIALS AND EMPLOYEESD HOLDING
REGULAR OR PERMANENT POSITIONS;

D. PRIVATE SCHOOL TEACHERS;

—, MEMBERS OF THE COMELEC-ACCREDITED CITIZENS ARMS AND.
OTHER CIVIL SOCIETY ORGANIZATIONS, NON-GOVERNMENTAL
ORGANIZATIONS, OR PRIVATE ORGANIZATIONS DULY ACCREDITED BY
COMELEC; AND

F. ANY CITIZEN OF KNOWN PROBITY AND COMPETENCE, TO BE
APPOINTED BY THE COMELEC.”

Sec. 2. Section 14 of the same Act is hereby amended to read as
follows:

“Section 14. Per Diems AND OTHER BENEFITS of Boards of
Election Inspectors (BEI), SPECIAL BOARD OF ELECTION
INSPECTORS (SBEI), BOARD OF ELECTION TELLERS (BET) and Other
Personnel. - [The Chairman and the members of the boards of election
inspectors shall be paid a per diem of One Hundred Pesos (P100.00) on each
registration or revision day and Two Hundred Pesos (P200.00) on election
day.

Support personnel from the DEPARTMENT OF EDUCATION shall each
receive a per diem of P50.00 during election day. Supervisors, principals and
other administrators of the DEPARTMENT OF EDUCATION, who may be
required by the Commission to perform election duties shall each be entitled
to a per diem of P100.00.

Provincial, city and municipal treasurers shall each receive a per diem
of P200.00 on election day.]


THOSE APPOINTED BY THE COMMISSION AS MEMBERS OF THE
ELECTION INSPECTORS (BEI), THE SPECIAL BOARD OF ELECTION
INSPECTORS (SBEI), THE BOARD OF ELECTION TELLERS (BET), AND THEIR
SUPPORT STAFF, SHALL BE ENTITLED TO HONORARIA IN THE AMOUNT OF
6,000.00, TRAVEL ALLOWANCE OF P1,000.00 AND OTHER BENEFITS AS
MAY BE GRANTED BY THE COMMISSION. SUCH AMOUNTS SHALL BE
REVIEWED BY THE COMMISSION EVERY THREE (3) YEARS THEREAFTER,
BUT IN NO CASE SHOULD THE AMOUNT BE LOWER THAN THAT PROVIDED.
IN THIS SECTION. OTHER BENEFITS INCLUDE THE FOLLOWING:

A INSURANCE BENEFIT. - COVERAGE IN THE INSURANCE
SYSTEM SHALL BE COMPULSORY FOR ALL PERSONS RECEIVING HONORARIA
FROM THE COMMISSION AS MEMBERS OF THE BEI, SBEI AND BET. THE
INSURANCE COVERAGE SHALL COMMENCE FROM THE TIME THE INSURED
IS EXPOSED TO ANY ELECTION-RELATED RISK, STARTING FROM, BUT NOT
LIMITED TO, THE APPOINTMENT OF THE MEMBERS OF BEI, SBEI OR BET,
AND SHALL END UPON THE TERMINATION OF THE APPOINTMENT OR UNTIL
ANY ELECTION-RELATED RISK SHALL CEASE TO EXIST.

(1) PAYMENT OF PREMIUM. - IT SHALL BE MANDATORY
FOR THE COMMISSION TO PAY THE CORRESPONDING PREMIUMS TO
BE DETERMINED BY THE GOVERNMENT SERVICE INSURANCE SYSTEM
(GsIS).
i. THE COMMISSION SHALL INCLUDE IN ITS ANNUAL
APPROPRIATIONS THE NECESSARY AMOUNTS FOR THE
PREMIUMS AS DETERMINED BY THE GSIS.

ii. | IT SHALL BE MANDATORY AND COMPULSORY FOR
THE COMMISSION TO INCLUDE THE PAYMENT OF PREMIUMS
IN ITS ANNUAL APPROPRIATIONS.


(2) COLLECTION AND REMITTANCE OF PREMIUM. -
THE COMMISSION SHALL REPORT TO THE GSIS THE NAMES OF ALL
TTS APPOINTED OR DESIGNATED MEMBERS OF THE BEI, SBEI AND
BET ON A GIVEN ELECTION, THEIR CORRESPONDING APPOINTMENT
STATUS, POSITIONS, HONORARIA AND OTHER PERTINENT
INFORMATION AS MAY BE REQUIRED BY THE GSIS.

THE COMMISSION SHALL REMIT DIRECTLY TO THE GSIS THE
REQUIRED PREMIUMS WITHIN TEN (10) DAYS AFTER THE
APPOINTMENT OF THE MEMBERS OF THE BEI, SBEI AND BET. THE
COMMISSION SHALL FURNISH THE GSIS A LIST OF THOSE WHO
ACTUALLY SERVED DURING THE ELECTION AS MEMBERS OF THE BEI,
THE SBEI OR THE BET, WHO, AFTER THEIR APPOINTMENTS, ARE
SUBSTITUTED BY OTHER TEACHERS, EMPLOYEES, OR BY PRIVATE
CITIZENS.

(3) ADMINISTRATION OF FUNDS. - THE FUNDS
COLLECTED BY THE GSIS SHALL NOT BE USED FOR PURPOSES
OTHER THAN WHAT ARE PROVIDED FOR BY THIS ACT.

B. HOSPITALIZATION AND DEATH BENEFITS. 4
NOTWITHSTANDING ANY BENEFIT PROVIDED FOR BY THE GSIS OR ANY
INSTITUTION GRANTING THE SAME TO THE INSURED, THE INSURED SHALL
BE ENTITLED TO THE FOLLOWING BENEFITS:

(1) HOSPITALIZATION BENEFITS - THE INSURANCE
SHALL COVER THE HOSPITALIZATION AND MEDICAL EXPENSES OF
THE INSURED BENEFICIARY UNTIL RECOVERY.

(2) DEATH BENEFITS - THE AMOUNT OF TWO HUNDRED
THOUSAND PESOS (P200,000.00) SHALL BE GIVEN TO THE
BENEFICIARIES ON THE FIRST (1°") YEAR OF IMPLEMENTATION OF
THIS ACT. THIS AMOUNT SHALL BE REVIEWED BY THE GSIS EVERY


THREE (3) YEARS THEREAFTER, BUT IN NO CASE SHALL BE LOWER
THAN THE AMOUNT AS PROVIDED IN THIS ACT.

(C. PRIVATE LEGAL ASSISTANCE. - ALL MEMBERS OF THE BEI,
SBEI AND BET AND THEIR SUPPORT STAFF RECEIVING HONORARIA FROM
THE COMMISSION UNDER THIS SECTION ARE HEREBY AUTHORIZED TO
ENGAGE THE SERVICES OF PRIVATE LAWYERS OR EXTERNAL COUNSEL
IMMEDIATELY UPON RECEIPT OF COURT NOTICE THAT A CIVIL OR
CRIMINAL ACTION, SUIT OR PROCEEDING IS FILED AGAINST THEM. THE
LEGAL FEES SHALL BE PART OF THE INDEMNIFICATION PACKAGE FOR THE
MEMBERS OF BEI, SBEI AND BET.

D. INDEMNIFICATION. - THE COMMISSION SHALL ESTABLISH
AN EQUITABLE LEGAL INDEMNIFICATION PACKAGE FOR MEMBERS OF BEI,
SBEI AND BET RENDERING ELECTION SERVICE WHICH SHALL BE IN THE
FORM OF LEGAL ASSISTANCE OR OTHER FORMS OF LEGAL PROTECTION
AND INDEMNIFICATION FOR ALL COSTS AND EXPENSES INCURRED BY THE
MEMBERS 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 THE 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,
WHERE THE COMMISSION HAD BEEN ADVISED BY COUNSEL THAT THE
OFFICIALS TO BE INDEMNIFIED HAVE NOT COMMITTED GROSS
NEGLIGENCE OR MISCONDUCT IN THE PERFORMANCE OF THEIR
FUNCTIONS AND DUTIES.


—E. TRAINING. - THE COMMISSION SHALL ESTABLISH A REGULAR
TRAINING PROGRAM FOR MEMBERS OF BEI, SBEI AND BET AND SUPPORT
STAFF BEFORE THE CONDUCT OF EACH ELECTION WHICH SHALL
COMMENCE AT LEAST A YEAR BEFORE THE ELECTION.

F. SECURITY MEASURES. - THE COMMISSION SHALL ENSURE
THE PHYSICAL SECURITY, SAFETY AND WELL-BEING OF ALL MEMBERS OF
BEI, SBEI AND BET AND SUPPORT STAFF IN THE PERFORMANCE OF
ELECTION DUTIES. TOWARDS THIS END, THE DEPARTMENT OF THE
INTERIOR AND LOCAL GOVERNMENT (DILG), NATIONAL POLICE
COMMISSION (NAPOLCOM), PHILIPPINE NATIONAL POLICE (PNP) AND, IF
NECESSARY, THE ARMED FORCES OF THE PHILIPPINES (AFP), ARE HEREBY
TASKED TO PROVIDE COMPREHENSIVE SECURITY TO ALL MEMBERS OF BEI,
SBEI, BET AND SUPPORT STAFF ESPECIALLY WHEN THEY ARE IN
POSSESSION OF ELECTION PARAPHERNALIA, EQUIPMENT, FORMS AND
SUPPLIES.

SECURITY MEASURES AND SAFEGUARDS SHALL BE PROVIDED FOR
ALL POLLING PLACES, POLLING AND VOTING CENTERS, ELECTION
PARAPHERNALIA, EQUIPMENT, FORMS AND SUPPLIES, AND OTHER PLACES
OR BUILDINGS, AS THE COMMISSION THROUGH ITS ELECTION OFFICER SO
REQUIRES.

G. VOTING PRIVILEGES. - MEMBERS OF THE BEI, SBEI AND
BET, 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 INCLUDED IN
THE MINUTES OF THE BEI, SBEI AND BET.


H. EXEMPTION FROM TAXES AND LEGAL PROCESSES. - THE
PREMIUMS FOR THE LIFE INSURANCE PAID BY THE COMMISSION TO THE
GSIS AND THE BENEFITS PAID BY THE COMMISSION AND THE GSIS TO THE
MEMBERS OF BEI, SBEI, BET AND THEIR SUPPORT STAFF SHALL BE
EXEMPTED FROM INCOME TAX. IT SHALL LIKEWISE BE EXEMPTED FROM
ATTACHMENT, GARNISHMENT, EXECUTION, LEVY OR OTHER PROCESSES
ISSUED BY THE COURTS, QUASI-JUDICIAL BODIES OR OTHER
ADMINISTRATIVE AGENCIES INCLUDING THE COMMISION ON AUDIT.”

Sec. 3.  Effectivity. This Act shall take effect fifteen (15) days

after its publication in the Official Gazette or in any two (2) newspapers of
general circulation.

APPROVED.