, 
SIXTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
"14 
NOV -4 P 2 :03 
SENATlI 
S. No. 
~443 
Introduced by Senator Miriam Defensor Santiago 
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 
EXPLANATORY NOTE 
The Constitution, Article 9.C, Section 2(4) provide: 
SEC. 2. The Commission on Elections shall exercise the 
following powers and functions: 
(4) Deputize, with the concurrence of the President, law 
enforcement agencies and instrumentalities of the 
Government, including the Armed Forces of the 
Philippines, for the exclusive purpose of ensuring free, 
orderly, honest, peaceful and credible elections. 
In response to the clamor of the ranks of public school teachers across the . 
country, this proposed measure seeks to make election service non-compulsory for 
public school teachers; thereby opening up election service to other national 
government employees, members of COMELEC-accredited citizens arms, and 
private citizens of known integrity and competence. 
To make election service attractive to other government employees and 
citizens and to protect the rights and privileges of those appointed to the Board of 
II. 


Election Inspectors or Tellers, the bill likewise seeks to institutionalize the benefits 
and privileges of BEIIBET members as well as increase the present rate of 
honoraria and allowances they are receiving. The bill also seeks to provide them 
with legal assistance and indemnification. 
This bill has been a long-standing demand of public school teachers since 
the advent of elections in the country. Through the years, public school teachers 
have been subjected to harassment, humiliation, hardship, and even violence 
during the election period. 
The practice in other countries has shown that elections tellers (or BEl in the 
Philippine setting) are not necessarily public school teachers but come from all 
sectors of society. In fact, the worldwide trend is to open up election service to 
citizens of known integrity and competence and not limit it to teachers. Since 
elections are fundamental in any democracy, election service must be the burden of 
all citizens and not only of one sector. 
It should be noted that 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 large number of national government employees arid civil society 
organizations or 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. 
2 


Through this package of reforms, we would be able to motivate greater 
citizen participation d'uring elections, address the clamor of public school teachers, 
and further ensure the integrity of the electoral process that is the bedrock of our 
democracy. 
~ .... "*"" ~...- J.~ 
. MiRIAM DEF~SOR ~}nfAGO 
,p 
3 


SIXTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'14 
NIlV -4 P2:03 
SENATE 
S. No. 
2443 
Introduced by Senator Miriam Defensor Santiago 
Be it enacted by the Senate and the House of Representatives of the 
Philippines in Congress assembled: 
1 
AN ACT 
2 
MAKING ELECTION SERVICE NON-COMPULSORY FOR PUBLIC 
3 
SCHOOL TEACHERS, AUTHORIZING THE APPOINTMENT OF OTHER 
4 
QUALIFIED CITIZENS, PROVIDING FOR COMPENSATION AND OTHER 
5 
BENEFITS, AMENDING FOR THE PURPOSE THE OMNIBUS ELECTION 
6 
CODE, REPUBLIC ACT NO. 6646, AND OTHER ELECTION LAWS 
7 
SECTION 1. Short Title. -This act shall be known as the "Election Service 
8 
Reform Act of2014." 
9 
SECTION 2 .. Definitions. - In this Act, the terms are defined as follows: 
10 
1. "Beneficiaries" shall refer to the qualified compulsory heirs of the 
11 
deceased person rendering election service under this Act; 
12 
2. "Commission" shall refer to the Commission on Elections; 
13 
3. "Compensation" shall refer to per diem, honoraria or allowances granted 
14 
to the Chairperson and members of the Board of Election Inspectors 
15 
(BEl), Special Board of Election Inspectors (SBEI), Board of Election 
16 
Tellers (BET), Special Board of Election Tellers (SBET), or DepEd 
17 
Supervisor Official (DESO) and their support staff under this Act; 
1 


1 
4. "Department or DepEd" shall refer to the Department of Education; 
2 
5. "Election-related risk" refers to any death or injury sustained by reason 
3 
of or on the occasion of the performance of election service or duties; and 
4 
6. "Persons rendering election service" refers to persons appointed by the 
5 
Commission to render election-related service as Chairperson or member 
6 
of the BEl, SBEI, BET, SBET, and DESO and their support staff; and 
7 
7. "Other benefits" shall refer to death and/or hospitalization benefits 
8 
granted to persons rendering election service or to their qualified 
9 
beneficiaries under this Act, including the provision for legal assistance 
10 
and legal indemnification. 
11 
SECTION 3. Qualifications and Disqualifications for Appointment. - No 
12 
person shall be appointed by the Commission as chairman, member or substitute . 
13 
member of the BEl, SBEI, BET or SBET unless he is a registered voter, of good 
14 
moral character, of known integrity and competence, and able to speak, read, and 
15 
write English and Filipino. He must not have been convicted of any election 
16 
offense or of any crime punishable by more than six (6) months imprisonment, and 
17 
at the time of appointment, must not have any pending case or information for any 
18 
election offense. 
19 
No person shall serve as chairman or member of the BEl, SBEl, BET or 
20 
SBET: (1) ifhe is related within the fourth civil degree of consaguinity or affinity. 
21 
to any member of the BEl, SBEl, BET or SBET or to any candidate to be voted for 
22 
in the polling place or to the latter's spouse; or (2) if he is directly or indirectly 
23 
involved or associated with any candidate or political party. 
2 


1 
SECTION 4. Rendering of Election Service. - The BEl, SBEI, BET or the 
2 
SBET to be constituted by the Commission shall be composed of a chairperson and 
3 
two (2) members, all of whom shall be public school teachers who are willing and 
4 
available to render election service. 
5 
Should there be a lack of teachers willing, available or qualified to serve, the 
6 
Commission may instead appoint the following in the order of preference: 
7 
l. Private School Teachers; 
8 
2. National Government Employees: 
9 
a. DepEd Non-Teaching Personnel; 
10 
b. Other national government officials and employees holding regular 
11 
or permanent positions, excluding uniformed personnel of the 
12 
Department of National Defense and all its attached agencies. 
13 
3. Members of Commission-accredited citizen's arms and other civil society 
14 
organizations and non-governmental organizations duly recognized by 
15 
the Commission; 
16 
4. Any registered voter of the city or municipality of known integrity and 
17 
competence. 
18 
In cases where the peace and order situation so requires as determined by the 
19 
Commission or where there are no qualified voters willing to serve, uniformed 
20 
personnel of the Philippine National Police shall be deputized to render election 
21 
service as a last resort. 
3 


1 
SECTION 5. Honoraria and Allowances. -
Persons rendering election 
2 
service shall be entitled to honoraria, travel allowance, and such other benefits as 
3 
may be granted by the Commission. 
4 
For the first implementation of this Act, the Chairperson, members, DepEd 
5 
Supervisor Official and support staff shall each be entitled to honoraria of Six 
6 
Thousand Pesos (P6,OOO.OO), Five Thousand Pesos (P5,OOO), Four Thousand Pesos 
7 
(P4,OOO.OO) and Two Thousand Pesos (P2,OOO.OO), respectively, and travel 
8 
allowance of One Thousand Pesos (PI,OOO.OO). Such honoraria and allowances 
9 
shall be paid not more than fifteen (15) days after the date of election. 
10 
Such amounts shall be reviewed by the Commission in consultation with the. 
11 
DepEd every three (3) years thereafter but in no case shall be lower than herein 
12 
provided. 
13 
SECTION 6. Service Credit. - A minimum of five (5) days service credit 
14 
shall accrue to all government officials and employees serving as members of the 
15 
BEL 
16 
SECTION 7. Other benefits. - Persons rendering election service shall be 
17 
entitled to death and/or medical assistance for election-related risks to be drawn 
.18 
from the Special Fund provided in this Act. 
19 
1. Death Benefits -
The amount of five hundred thousand pesos 
20 
(P500,OOO.OO) shall be awarded to the qualified beneficiaries. Such 
21 
amount shall be reviewed by the Commission every three (3) years 
22 
thereafter, but in no case shall be lower than provided in this Act. 
4 


" 
1 
2. Medical Assistance - Persons rendering election service shall be entitled 
2 
to medical assistance in such amount as may be determined by the 
3 
Commission, 
4 
SECTION 8, Legal Assistance. - Persons rendering election servIce are 
5 
hereby authorized to engage the services of government or private lawyers 
6 
immediately upon receipt of notice that a civil or criminal action, suit or 
7 
administrative proceeding is filed against them. The lawyer's fee shall be part of 
8 
the indemnification package under this Act, subject to the provisions of the 
9 
immediately succeeding section, 
10 
SECTION 9. Indemnification. -
The Commission shall establish an 
11 
equitable legal indemnification package for persons rendering election service 
12 
which shall be in the form of legal assistance and other forms of legal protection 
13 
and indemnification for all legal costs and expenses reasonably incurred by such 
14 
persons in any administrative, civil or criminal action, suit or proceeding to which 
15 
they have been made a party by reason of the performance of their functions or 
16 
duties, unless they are finally adjudged in such action or proceeding to be guilty of 
17 
an election offense. 
18 
The legal assistance and indemnification shall not cover any action or suit 
19 
initiated by a person rendering election service in his or her personal capacity or in 
20 
behalf of the Commission, unless such action, proceeding, or claim was authorized 
21 
by the Commission. 
22 
SECTION 10. Procedure, - The claimant shall file their respective claims 
23 
for legal assistance and indemnification with their respective agencies and shall 
5 


'. 
1 
secure the approval of their respective heads of agencies on the terms and 
2 
conditions of the engagement of counseL Private individuals rendering election 
3 
service shall file their claims with the Commission. 
4 
If the claimant is found to be not guilty of an election offense, he shall 
5 
liquidate his cash advances or be allowed reimbursement for reasonable expenses, 
6 
as the case maybe. However, if the claimant is found to be guilty of an election 
7 
offense, he shall be denied reimbursement or if cash advances have been made, he 
8 
shall return the cash advance made through salary deduction or reimbursement, as 
9 
may be applicable. 
10 
The funds to be used for the grant of legal assistance and indemnification 
11 
shall be drawn from the agency's annual appropriation and from the special fund 
12 
provided under this Act. 
13 
SECTION 11. Election Offense - Any person who makes or causes undue 
14 
delay in the payment of the honoraria and allowances due persons rendering 
15 
election service beyond the prescribed period of fifteen (15) days from the date of 
16 
election shall be liable of an election offense. 
17 
SECTION 12. Establishment and Administration of a Special Fund. - The 
18 
Commission shall establish a special fund for medical assistance, death benefits, 
19 
legal assistance and indemnification as provided under this Act. The funds 
20 
allocated shall not be used for purposes other than what are provided for by this 
21 
Act. 
22 
SECTION 13. Appropriation Clause. - The initial funding of this Act shall 
23 
be charged against the current year's appropriations of the Commission on 
6 


• 
1 
Elections. Thereafter, such amount as may be necessary for the continued 
2 
implementation of this Act shall be included in the annual General Appropriations 
3 
Act. 
4 
SECTION 14. Implementing Rules and Regulations. - Within ninety (90) 
5 
days from the promulgation of this Act, the Commission with the assistance of the 
6 
Department of Education, Office of the Solicitor General, National Teacher 
7 
Organizations, Election Monitoring Organizations and such other civil society 
8 
organizations as may be determined by the Commission shall formulate the 
9 
Implementing Rules and Regulations of this Act. 
10 
SECTION 15. Repealing Clause. - Any law, presidential decree or issuance, 
11 
executive order, letter of instruction, administrative order, rule or regulation 
12 
contrary to or is inconsistent with the provision of this Act is hereby repealed, 
13 
modified, or amended accordingly. 
14 
SECTION 16. Separability Clause. - If any part or provision of this Act 
15 
shall be declared unconstitutional or invalid, other provisions hereof which are not 
16 
affected thereby shall continue to be in full force and effect. 
17 
SECTION 17. EffectiVity Clause. - This Act shall take effect fifteen (15) 
18 
days after its publication in at least two (2) newspapers of general circulation. 
19 
Approved, 
/apm 1 03120 14 
7