SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.B. No. 2178 
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'14 
lIAR 26 P 4 :32 
RECEIVED UY!fo-
Introduced by: Senator Paolo Benigno "Bam" A. Aquino IV'!. 'i ';:;' 
EXPLANATORY NOTE 
About 250,000 public school teachers sit as chairmen or member of the board election 
inspectors when Filipinos elect their preSident, vice president, senators, and members of 
Congress, governors, mayors a nd councilors. 
Taking part in upholding the right of the Filipino to suffrage is not that Simple for these 
teachers. After tirelessly working for the preparation, conduct and counting of votes of the 
elections, teachers receive insufficient compensation for their service. 
This is further 
aggravated by the delay in the release of their honoraria, even taking months. 
Teachers are also exposed to high security risks as they perform their election duties, 
having alarming instances of harassment, violence and death, especially in election hotspot 
areas. According to a national paper, there were five casualties among the teachers in the 2010 
elections. 
Moreover, about a hundred teachers end up getting charged before Comelec by losing 
candidates. These candidates contest the results as they complain about the teachers' conduct 
of the elections. 
In addition, their mandatory duties have prevented the teachers from voting because 
most of them are assigned in precincts that they are not registered as voters. 
It is essential that assistance be provided to the teachers who have selflessly performed 
this important task every election year, even as they have developed a moral responsibility for 
doing it. 
The BEl reform bill has had earlier versions in the past Congresses. HB 4096 promoted 
the voluntary election services and HB 6528 promoted an insurance package for BEl members. 
This bill aims to integrate the provisions of the two earlier versions into a comprehensive 
package of reform policy. 
The bill attends to the key problems of the BEl members; they are to receive a minimum 
honoraria, insurance, equitable legal package commensurate of their service, and voting 
privileges. 
The proposed amendment also gives the teachers the liberty to choose whether or not 
to serve in the elections. This allows them to protect themselves from political pressures and 
consider their personal welfare. 
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As teacher training and election operations are straining for the Department of 
Education's resources, the rich reservoir of civic volunteers can be tapped as alternative source 
of manpower for BEl members and poll staff. 
Due to their experience in election monitoring the past elections, they have the 
competence and integrity operating the polls. The government then allows its citizens to 
fiJrther participate in the ensuring the legitimacy of the election process. 
The proposed amendment builds on the recognition of its teachers as they play an 
important role in the conduct of the democratic processes of the Filipinos and extends the 
space where citizens can actively partiCipate in the reform of institutions. 
In view of the foregoing, the approval of this bill is earnestly sought. 
2 


SIXTEENTH CONGRESS. OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) . 
'14 
MAR 26 P 4 :32 
SENATE 
S.B. No. 2178 
RE('EIVEI> B":_f-
Introduced by: Senator Paolo Benigno "Bam" A. Aquino IV 
AN ACT 
MAKING ELECTION SERVICE NON-COMPULSORY FOR PUBLIC SCHOOL TEACHERS, 
AUTHORIZING THE APPOINTMENT OF OTHER QUALIFIED CITIZENS, PROVIDING FOR 
COMPENSATION AND OTHER BENEFITS, AMENDING FOR THE PURPOSE THE OMNIBUS 
ELECTION CODE, REPUBLIC ACT NO. 6646, 
AND OTHER ELECTION LAWS 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
1 
SECTION 1. Short Title. - This Act shall be known as the "Election Service Reform Act of 
2 
2014." 
3 
SECTION 2. Definition of Terms. - As used in this Act, the following terms shall mean: 
4 
(a) Beneficiaries shall refer to the qualified compulsory heirs of the deceased person 
5 
rendering election service under this Act. 
6 
(b) Commission shall refer to the Commission on Elections. 
7 
(c) Compensation shall refer to per diem, honoraria or allowances granted to the 
8 
Chairperson and members of the Board of Election Inspectors (BEl), Special Board of 
9 
Election Inspectors (SBEI), Board of Election Tellers (BET), Special Board of Election Tellers 
10 
(SBET), or DepEd Supervisor Official (DESO) and their support staff under this Act. 
11 
(d) Department or DepEd shall refer to the Department of Education. 
12 
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(e) Election-related risk refers to any death or injury sustained by reason of or on the 
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occasion of the performance of election service or duties. 
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(f) Persons rendering election service refers to persons appointed by the Commission to 
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render election-related service as Chairperson or member of the BEl, SBEI, BET, SBET, and 
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DESO and their support staff. 
19 
20 
(g) Other benefits shall refer to death and/or hospitalization benefits granted to persons 
21 
rendering election service or to their qualified beneficiaries under this Act, including the 
22 
provision for legal assistance and legal indemnification. 
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1 
SECTION 3. Rendering of Election Service. - The BEl, SBEI, BET or the SBET to be 
2 
constituted by the Commission pursuant to the Omnibus Election Code and related laws, shall 
3 
be composed of a chairperson and two (2) members, all of whom shall be public school 
4 
teachers who are willing and available to render election service: Provided, that they are 
5 
registered voters. 
6 
Should there be not enough teachers willing, available or qualified to serve, the 
7 
Commission may appoint any registered voter of the city or municipality who are of known 
8 
probity and competence: Provided, that the Chairperson shall be a public school teacher. The 
9 
appointment of other qualified citizens shall follow the order of preference herein provided: 
10 
a. Private School Teachers; 
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b. National Government Employees: 
12 
i. DepEd Non-Teaching Personnel; 
13 
ii. Other national government officials and employees holding regular or 
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permanent pOSitions, excluding uniformed personnel of the Armed Forces of 
15 
the Philippines (AFP) and the Philippine National Police (PNP): Provided, that 
16 
in cases where the peace and order situation so requires as determined by 
17 
the Commission, uniformed personnel of the PNP may be deputized to 
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render election service as a last resort. 
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c. Members of Commission-accredited citizen's arms and other civil society 
20 
organizations and 
non-governmental 
organizations duly accredited 
by the 
21 
Commission; 
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d. Any citizen of known probity and competence who is not involved with. any 
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candidate or politica I pa rty. 
24 
In cases when there may not be enough qualified voters, the Commission may oblige 
25 
qualified public school teachers to render election service. All persons appointed to render 
26 
election service shall meet all the other qualifications and possess none of the disqualifications 
27 
set forth in the Omnibus Election Code and other election laws. 
28 
SECTION 4. Refusal from rendering election service. - Notwithstanding the last 
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paragraph in the immediately preceding section, a public school teacher may refuse from 
30 
rendering election service on grounds, such as but not limited to, health, age, or security 
31 
concerns. 
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SECTION 5. Honoraria and Allowances. - Persons rendering election service shall be 
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entitled to honoraria, travel allowance, and such other benefits as may be granted by the 
34 
Commission. 
35 
For the first implementation of this Act, the Chairperson, members, DepEd Supervisor Official 
36 
and support staff shall each be entitled to honoraria of Six Thousand Pesos (P6,OOO.OO), Five 
37 
Thousand Pesos (PS,OOO), Four Thousand Pesos (P4,OOO.OO) and Two Thousand Pesos 
38 
(P2,OOO.OO), respectively, and travel allowance of One Thousand Pesos (Pl,OOO.OO). Such 
39 
honoraria and allowances shall be paid not more than fifteen (15) days after the date of 
40 
election. 
41 
Such amounts shall be reviewed by the Commission in consultation with the DepEd every three 
42 
(3) years thereafter but in no case shall be lower than herein provided. 
4 


1 
SECTION 6. Service Credit. - A minimum of five (5) days service credit shall accrue to all 
2 
government officials and employees serving as members ofthe BEl. 
3 
SECTION 7. Other benefits. - Persons rendering election service shall be entitled to 
4 
death and/or medical assistance for election-related risks to be drawn from the Trust Fund 
5 
provided in this Act. 
6 
(a) Death Benefits -- The amount of five hundred thousand pesos (P500,OOO.OO) shall 
7 
be awarded to the qualified beneficiaries. Such amount shall be reviewed by the Commission 
8 
every three (3) years thereafter, but in no case shall be lower than herein provided. 
9 
(b) Medical Assistance -
Persons rendering election service shall be entitled to 
10 
medical assistance in such amount as may be determined by the Commission, sufficient to 
11 
answer for medical and hospitalization expenses, until recovery. 
12 
SECTION 8. Legal Assistance. - Persons rendering election service are hereby authorized 
13 
to engage the services of government or private lawyers immediately upon receipt of notice 
14 
that a civil or criminal action, suit or administrative proceeding is filed against them. The 
15 
lawyer's fee shall be part of the indemnification package under this Act, subject to the 
16 
provisions of the immediately succeeding section. 
17 
SECTION 9. Indemnification. -
The Commission shall establish an equitable legal 
18 
indemnification package for persons rendering election service which shall be in the form of 
19 
legal assistance and other forms of legal protection and indemnification for all legal costs and 
20 
expenses reasonably incurred by such persons in any administrative, civil or criminal action, suit 
21 
or proceeding to which they have been made a party by reason of the performance of their 
22 
functions or duties, unless they are finally adjudged in such action or proceeding to be guilty of 
23 
an election offense. 
24 
The legal assistance and indemnification shall not cover any action or suit initiated by a person 
25 
rendering election service in his or her personal capacity or in behalf of the Commission, unless 
26 
such action, proceeding, or claim was authorized by the Commission. 
27 
SECTION 10. Procedure. - The claimant shall file their respective claims for legal 
28 
assistance and indemnification with their respective agencies and shall secure the approval of 
29 
their respective heads of agencies on the terms and conditions of the engagement of counsel. 
30 
Private individuals rendering election service shall file their claims with the Commission. 
31 
If the claimant is found to be not guilty of an election offense, he shall liquidate his cash 
32 
advances or be allowed reimbursement for reasonable expenses, as the case maybe. However, 
33 
ifthe claimant is found to be guilty of an election offense, he shall be denied reimbursement or 
34 
if cash advances have been made, he shall return the cash advance made through salary 
35 
deduction or reimbursement, as may be applicable. 
36 
The funds to be used for the grant of legal assistance and indemnification shall be drawn from 
37 
the agency's annual appropriation and from the trust fund provided under this Act. 
38 
SECTION 11. Election Offense. - Any person who makes 'or causes the delay in the 
39 
payment of the honoraria and allowances due persons rendering election service beyond the 
40 
prescribed period of fifteen (15) days from the date of election shall be liable of an election 
41 
offense. 
42 
SECTION 12. Establishment and Administration of a Trust Fund. - The Commission 
43 
shall establish a special trust fund for medical assistance, death benefits, legal assistance and 
5 


1 
indemnification as provided under this Act. The funds allocated to the Commission shall not be 
2 
used for purposes other than what are provided for by this Act. 
3 
SECTION 13. Appropriation Clause. - The initial funding of this Act shall be charged 
4 
against the current year"s appropriations of the Commission on Elections. Thereafter, such 
5 
amount as may be necessary for the continued implementation of this Act shall be included in 
6 
the annual General Appropriations Act. 
7 
SECTION 14. Implementing Rules and Regulations. - Within ninety (90) days from the 
8 
promulgation of this Act, the Commission with the assistance of the Department of Education, 
9 
Office of the Solicitor General, Department of Justice, National Teacher Organizations, Election 
10 
Monitoring Organizations and such other civil society organizations as may be determined by 
11 
the Commission shall formulate the Implementing Rules and Regulations of this Act. 
12 
SECTION 15. Repealing Clause. -
All laws, presidential decrees, ·executive orders, 
13 
resolutions, rules and regulations, other issuances, and parts thereof, which are inconsistent 
14 
with the provisions of this Act, are hereby repealed or modified accordingly. 
15 
SECTION 16. Separability Clause. -If any part or provision of this Act shall be declared 
16 
unconstitutional or invalid, other provisions hereof which are not affected thereby shall 
17 
continue to be in full force and effect. 
18 
SECTION 17. Effectivity Clause. - This Act shall take effect fifteen (15) days following its 
19 
publication in at least two (2) newspapers of general circulation. 
20 
Approved, 
6