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

FIFTEENTH CONGRESS

2296

HOUSE BILL NO.

Introduced by:
Rep. Godofredo V. Arquiza

EXPLANATORY NOTE

A “polling place” as defined in the Omnibus Election Code, Section 152,
is the building or place where the Board of Election Inspectors conducts its
proceedings and where the voters cast their votes.

It also provides that “cach polling place shall be, as far as practicable , a
ground floor and shall be of sufficient size to admit and comfortably
accommodate forty voters at onc time...” In line with this, the Magna carta for
Disabled Persons (Republic Act No. 7277) Section 29 also provides that
“polling places should be made accessible to disabled persons during national
and local elections.”

Despite the above provisions, pregnant mothers and the elderly and the
disabled are often hindered by the inaccessibility of the polling Place. This
proposed bill secks to address the needs of the disadvantaged and seeks to
provide for a special polling place for the disabled, the elderly, and visibly
expectant mothers.

GO! ET ‘V. ARQUIZA


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

FIFTEENTH CONGRESS
296
HOUSE BILL NO.
Introduced by:

Rep. Godofredo V. Arquiza

AN ACT
PROVIDING FOR A SPECIAL POLLING PLACE FOR THE DISABLED,
THE ELDERLY, AND THE EXPECTANT MOTHERS IN A LOCALITY

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

SECTION 1. Short Title. - This Act may be cited as “The Special Polling
Place Act of 2010”

SECTION 2. Definition of Terms. — As used in this act, the term:

(A) “Special polling place” refers to the place where the board of election
inspectors conduct election-related proceedings such as registration,
voting and the like, that is easily accessible to the disabled, the elderly,
and expectant mothers.

(B) “Barrier free environment” refers to an area where the special polling
place within a voting center is located, having such architectural features,
reasonably enhancing the mobility of the disabled, the elderly, and
expectant mothers, such as sidewalks, ramps, railing, and the like or
easily accessible to wheelchairs;

(C) “Voting center” refers to the building or place where special polling
activities take place.

(D) “Disabled” refers to those persons with physical, physiological or
sensory impairment, or those persons from suffering from restrictions of


different abilities to perform an activity in the manner or within the range
considered normal to a human being and at same time, possess the
qualifications and none of the disqualifications of a voter;

(E) “Elderly” refers to senior citizens who have physical limitations due to
age or sickness and at the time, possess the qualifications and none of the
disqualifications of a voter:

(E) “Expectant mothers” refers to visibly pregnant women who are on their
sixth month of pregnancy, and may have difficulty going to the polling
precint due to the fact they are expecting, and at the same time, possess
the qualifications and none of the disqualifications of a voter; and

(G) “Shuttle service” refers to free transportation that will deliver the
disabled, the elderly, and the expectant mothers to the special polling
precints in order to allow them to exercises suffrage without hindrance.

SECTION 3. Special Polling Place for the Disable, the Elderly, and the
Expectant Mothers. — The Commission on Elections in coordination with local
government units, concerned government agencies and other concerned groups
and organizations shall conduct a study on the disabled, the elderly, and the
expectant mothers in a locality to get data on their number, distribution, the
extent of their limitations which may restrict their ability to participate in
election-related activities, and other relevant information. Afterwards, the
COMELEC shall provide for special polling places, for the disabled, the elderly,
and the expectant mothers; Provided that the number and location of the special
polling places shall be determined by the outcome of the study; provided
further, that the designation of special polling places shall not compromise nor
alter the principle or territorial jurisdiction used in election-related activities
such that no special precints shall be created for the purpose; provided further,
that as a safety measure, once the COMELEC determines who among the
disabled, the elderly, and the expectant mothers require a special polling place,
it shall make a separate list containing the name, address, brief description of
the disability or physical limitation, the precint and the city or municipality
where he/she belongs, and if already available, the voter's identification
number. The list shall be posted one (1) month before any election-related
activity, in two (2) conspicuous places in the city or municipal hall for one (1)
week and shall be regularly updated. Those who are in the list shall not be
allowed to use his/her designated polling place, while others who are not in the
list, shall not be allowed to use the same. Those in the list are also to be
provided free transportation by a shuttle service from his/her address to the
designated polling place and back again; provided finally that the special polling
places shall be located in a barrier-free environment, easily accessible to the
disabled and the elderly.


SECTION 4. Information and Education Campaign. — The commission shall
conduct an information and cducation campaign for the effective
implementation of this Act.

SECTION 5. Rules and Regulations. — The Commission on Elections shall
issue the necessary rules and regulations for the effective implementation of this
Act.

SECTION 6. Separability Clause. If any provision or part hereof is held
invalid or unconstitutional, the remainder of the Act or the provision not
otherwise affected shall remain valid and subsisting.

SECTION 7. Repealing Clause. Any law, presidential decree or issuance,
executive order, letter of instruction, administrative rule or regulation contrary
to or inconsistent with the provisions of this Act is hereby repealed, modified, or
amended accordingly.

SECTION 8. Effectivity Clause. This Act shall take effect immediately after its
approval.

Approved,

GODOFREDO V. ARQUIZA