Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

House BillNo,__ 3514

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Introduced by REP. MARIA LEONOR GERONA-ROBREDO

EXPLANATORY NOTE

Tn our crusade for a more progressive society, it is important that we augment the essential
elements that will lead to the society we envision.

Teachers are one of the vital components that will lead us to progress, They are the people
we interact with during our most impressionable years and their impact will continue to be
felt for generations to come. They are one of the building blocks that form our youth and an
influence in our collective psyche, It is, therefore, important that we provide necessary
policies that will uphold our teachers’ wellbeing.

During every election, our public school teachers are mandated to man key posts in the
Board of Election Inspectors (BEI), Special Board of Election Inspectors (SBEI), Board of
Election Tellers (BET), and Special Board of Election ‘Tellers (SBET). The performance of
this function makes our teachers vulnerable against politicization and election violence.
Numerous stories have been released of our teachers being harassed by armed and violent
entities desperate in seizing the people's ballots.

This proposed measure intends to give our teachers the choice to opt out of this immense
responsibility. While we recognize that teachers may be the best persons with whom we can
entrust the safeguarding of our votes, their personal circumstances and choices should
always be considered. The bill will provide our public school teachers the choice to not
engage in this part of our electoral process. It will also provide other government officials
and employees, and civil society entities the opportunity to participate in this electoral
procedure.

The bill further defines and lays out a standard system in the provision of honoraria,
allowances, and insurance coverage as well as private legal assistance and security measures
to the members of each specified board. These intend to keep our teachers safe and provide
them the needed defenses against any election-related harassment.

On this note, the immediate passage of this bill is sincerely sought.

MARIA LEO: GERONA-ROBREDO
Third District, Camarines Sur


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

3514

House Bill No.

Introduced by REP. MARIA LEONOR GERONA-ROBREDO.

AN ACT
MAKING ELECTION SERVICE VOLUNTARY FOR PUBLIC SCHOOL
TEACHERS AND OTHER QUALIFIED CITIZENS, PROVIDING FOR
INSURANCE AND OTHER BENEFITS, AMENDING FOR THE PURPOSE TRE
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 Tnspectors.

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

d) BET refers to Board of Election Tellers.

) SBET refers to Special Board of Election Tellers,

f) DepEd refers to the Department of Education

8) PNP refers to the Philippine National Police

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

1) Election — related risk refers to any death or injury happening on the occasion of or
during the performance of duties relating to the election.

J) Beneficiaries refer to the spouse until the spouse remarries, the legitimate,
legitimated, 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 legitimate, legitimated and legal ly
adopted children of the member, the dependent illegitimate children shall be entitled
to one hundred percent (100%) of the benefits. In the absence of the aforementioned
children, 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


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 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
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
fi, Other government officials and employees holding regular or
permanent positions;
b. Private School Teachers;
¢. Members of COMELEC-accredited citizen’s arms, civil society
organizations and non-governmental organizations duly accredited
by COMELEC;
d. Any citizen of known probity and competence.

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 (SBED),
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

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 tisk, 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.

(@) The Commission shalll 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.

(b) 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.

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 (1 ) 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.

(b) Hospitatization 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. The indemnification
package 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,
tegulations, 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.