|BATAS PAMBANSA BLG. 222 - AN ACT
PROVIDING FOR THE ELECTION OF BARANGAY OFFICIALS, AND FOR OTHER
I. GENERAL PROVISIONS
Section 1. Title and applicability. – This Act shall be known and cited as the Barangay Election Act of 1982 and shall be applicable to the election of barangay officials.
As used in this Act, the term "barangay" shall include all existing barangays, and those which have been organized pursuant to existing laws and operating with their own set of officers.
Sec. 2. Declaration of policy. – It shall be the policy of the State to guarantee and promote the autonomy of the barangays to ensure their fullest development seek as self-reliant communities. This end, the State shall seek to ensure the freedom of the residents to choose their officials in a free, orderly and honest election.
Sec. 3. Term of office. – The term of office of the barangay officials elected under this Act shall be six years, which shall commence on June 7, 1982 and shall continue until their successors shall have been elected and shall have qualified.
Sec. 4. Conduct of election. – The barangay election shall be non-partisan and shall be conducted in an expeditious and inexpensive manner.
No person who files a certificate of candidacy shall represent or allow himself to be represented as a candidate of any political party or any other organization; and no political party, political group, political committee, civic, religious, professional or other organization or organized group of whether nature shall intervene in his nomination or in the filing of his certificate of candidacy or give aid or support directly or indirectly, material or otherwise, favorable to or against his campaign for election: Provided, That this provision shall not apply to the members of the family of a candidate within the fourth civil degree of consanguinity or affinity nor to the personal campaign staff of the candidate which shall not be more than one for every one hundred registered voters in his barangay: Provided, further, That without prejudice to any liability that may be incurred, no permit to hold a public meeting shall be denied on the ground that the provisions of this paragraph may or will be violated.
Nothing in this section, however, shall be construed as in any manner affecting or constituting an impairment of the freedom of individuals to support or oppose any candidate for any barangay office.
Sec. 5. Supervision by the Commission on Elections. – Subject to the declaration of policy under Sec. 2, the Commission on Elections shall have supervision over the election of barangay officials and is hereby empowered to promulgate rules and regulations necessary to implement this Act.
II. ELECTION OF BARANGAY OFFICIALS
Sec. 6. Election of barangay officials. – The election of a Punong Barangay (Barangay Captain) and six Kagawad ng Sangguniang Barangay (Barangay Councilmen) who shall constitute the Presiding Officer and Members of the Sangguniang Barangay (Barangay Council), respectively, shall be held on May 17, 1982, in the manner herein provided.
Sec. 7. Qualifications of barangay officials. – No person shall be eligible to be a barangay official unless he is a citizen of the Philippines, a registered voter and actual resident of the barangay for at least six months immediately preceding the election, able to read and write and, on the date of the election, is least twenty-one years of age, and who is not otherwise disqualified by law.
Sec. 8. Disqualifications. – Any person who is insane or feebleminded or has been sentenced by final judgment for subversion, insurrection, rebellion or for any offense for which he has been sentenced to a penalty of more than eighteen months or for any crime involving moral turpitude, shall be disqualified to be a candidate and to hold any office in the barangay, unless he has been pardoned.
Sec. 9. Certificate of candidacy. – No person shall be elected Punong Barangay or Kagawad ng Sangguniang Barangay unless he files a sworn certificate of candidacy in triplicate not later than May 1, 1982, in a form to be prescribed by the Commission on Elections. The candidate shall state the barangay office for which he is a candidate.
The certificate of candidacy shall be filed with the Secretary of the Sangguniang Barangay (Barangay Council) who shall have the ministerial duty to receive said certificate of candidacy and to acknowledge immediately receipt thereof.
In case the Secretary refuses to receive the same, or in case of his absence or non-availability, a candidate may file his certificate of candidacy with the Election Registrar of the City or municipality concerned.
The Secretary of the Sangguniang Barangay (Barangay Council) or the Election Registrar, as the case may be, shall prepare a consolidated list of all the candidates and shall post said list in the barangay hall and in other conspicuous place in the barangay at least ten days before the election.
Any elective or appointive municipal, city or provincial official or employee, or those in the civil service or military, including those in government-owned or controlled corporations, shall be considered automatically resigned upon the filing of certificate of candidacy.
Sec. 10. Campaign period. – The campaign period shall start on May 1, 1982 and end on May 15, 1982. No election campaign shall be allowed on the day of the election and on the day before the election.
Sec. 11. Board of Election Tellers. – (1) The Commission on Elections shall constitute not later than ten days before the election a Board of Election Tellers in every barangay voting center, to be composed of a public elementary school teacher as Chairman, and two Members who are registered voters of the voting centers concerned, but who are not incumbent barangay officials.
In case no public elementary school teachers are available, the Commission on Elections shall designate any registered voter in the voting center who is not an incumbent barangay official.
(2) The Board of Election Tellers shall secure from the Election Registrar of the municipality/city the list of registered voters prepared for the June 16, 1981 presidential election corresponding to the voting centers located in the barangay concerned, which shall be used in preparing the list of voters for the barangay election. The list of voters shall include those who have registered thereafter.
The final list of voters shall be posted in the voting centers at least two days before election day. No voter shall be transferred without written notice given to him at least two days before the date of election.
(3) The Board of Election Tellers shall supervise and conduct the election in their respective voting centers, count the votes and thereafter prepare a report in triplicate on a form prescribed by the Commission on Elections. The original of this report shall be delivered immediately to the Barangay Board of Canvassers. The second copy shall be delivered to the Election Registrar and the third copy shall be delivered to the Secretary of the Sangguniang Barangay (Barangay Council), who shall keep the same on file.
Sec. 12. Barangay voters. – (1) Voters duly registered as such for the June 16, 1981 presidential election and those who have registered thereafter shall be eligible to vote in the barangay election.
(2) In case of need, the Commission on Elections may order a registration of voters in the voting centers for not more than two days.
Sec. 13. Voting centers. – (1) The Chairman of the Board of Election Tellers shall designated the public school or any other public building within the barangay to be used as voting center if there is only one voting center in the entire barangay.
(2) In barangays where there are two or more voting centers, the Chairman of the Board of Canvassers shall designate the public school or any other public building to be used as voting center to ensure easy access by the voters to such voting centers.
In case there is no public school or other public building that can be used as voting center, other appropriate private buildings may be designated, provided that such buildings do not belong to or possessed by any candidate or his relative within the fourth civil degree of consanguinity or affinity.
Sec. 14. Official barangay ballots. – The official barangay ballots shall be provided by the city or municipality concerned of a size and color to be prescribed by the Commission on Elections.
Such official ballot shall, before it is handed to the voter at the voting center, be authenticated in the presence of the voter, the other Tellers, and the watchers present by the Chairman of the Board of Election Tellers who shall affix his signature at the back thereof.
Sec. 15. Ballot boxes. – The Commission on Elections shall provide the ballot boxes for each barangay voting center.
Sec. 16. Postponement or failure of election. – When for any serious cause such as violence, terrorism, loss or destruction of election paraphernalia or records, force majeure, and other analogous causes of such nature that the holding of a free, orderly and honest election should become impossible in any barangay, the Commission on Elections, upon a verified petition, and after due notice and hearing, shall postpone the election therein for such time as it may deem necessary.
If, on account of force majeure, violence, terrorism, or other analogous causes or fraud, the election in any barangay has not been held on the date herein fixed or has been suspended before the hour fixed by law for the closing of the voting therein and such failure or suspension of election would affect the result of the election, the Commission on Elections, on the basis of a verified petition and after due notice and hearing, shall call for the holding or continuation of the election on a date reasonably close to the date of the election not held or suspended.
In such case, the Minister of Local Government shall designate the persons who shall temporarily act as Punong Barangay (Barangay Captain) and Members of the Sangguniang Barangay (Barangay Council).
When the conditions in these areas warrant, upon verification by the Commission on Elections, or upon petition of at least thirty per centum of the registered voters in the barangay concerned, it shall order the holding of the barangay election.
III. CANVASSING OF RESULTS
Sec. 17. Barangay Board of Canvassers. – (1) The Commission on Elections shall constitute at least seven days before the election of a Board of Canvassers in each barangay, to be composed of the senior public elementary school teacher in the barangay as Chairman, and two other public elementary school teachers, as Members.
In case the number of public elementary school teachers is inadequate, the Commission on Elections shall designate the Chairman and Members of the Barangay Board of Canvassers from among the Board of Election Tellers.
(2) The Barangay Board of Canvassers shall meet immediately in a building where a voting center is found and which is most centrally located in the barangay and, after canvassing the results from the various voting centers within the barangay, proclaim the winners. The Board of Canvassers shall accomplish the Certificate of Proclamation in triplicate on a form to be prescribed by the Commission on Elections. The original of the certificate shall be sent to the Election Registrar concerned, the second copy shall be delivered to the Secretary of the Sangguniang Bayan or the Sangguniang Panlungsod, as the case may be, and the third copy shall be kept on file by the Secretary of the Sangguniang Barangay.
(3) In a barangay where there is only one voting center, the Barangay Board of Tellers shall also be the Barangay Board of Canvassers.
IV. CAMPAIGN AND PROPAGANDA
Sec. 18. Barangay assembly meeting. – The Punong Barangay (Barangay Captain), if he is not a candidate, or any resident of the barangay designated by the Commission on Elections, shall convene the Barangay Assembly at least once not later than May 11, 1982 for the purpose of allowing the candidates to appear at a joint meeting to explain to the barangay voters their respective program of administration, their qualifications, and other information that may help enlighten voters in casting their vote.
The members of the Barangay Assembly may take up and discuss other matters relative to the election of barangay officials, subject to the provisions of the revised Barangay Charter, as amended.
The barangay shall immediately report to the Commission on Elections any important matter decided by it for appropriate action by the latter.
The Barangay Assembly may be convened to as many meetings as necessary.
Sec. 19. Watchers. – Candidates may appoint two watchers each, to serve alternately, in every voting center within the barangay who shall be furnished with a signed copy of the results of the election, in such form as the Commission on Election of the canvass.
Sec. 20. Inclusion and exclusion cases; and protest. – Inclusion and exclusive cases which shall be decided not later than two days before the date of the election shall be within the exclusive original jurisdiction of the city or municipal or metropolitan trial court.
A sworn petition contesting the election of any barangay official shall be filed with the city or municipal ten days from the date of the proclamation of the winners. The trial court shall decide the election protest within fifteen days after the filing thereof. The decision of the municipal or city or metropolitan trial court may be appealed within ten days from receipt of a copy thereof to the Regional Trial Court (CFI) which shall decide within thirty days from submission, and whose decision shall be final.
Sec. 21. Applicability of 1978 Election Code. – The provisions of the 1978 Election Code and the Revised Barangay Charter not inconsistent herewith shall be applicable in a suppletory character to the election of barangay officials.
Sec. 22. Penalties. – Violations of this Act shall constitute prohibited acts under Sec. 178 of the 1978 Election Code and shall be prosecuted and penalized in accordance with the provisions of said Code.
Sec. 23. Separability Clause. – The provisions of this Act are hereby declared to be separable and in the event one or more of such provisions is or are held unconstitutional, such shall not affect the validity of the other provisions.
Sec. 24. Appropriations. – The cost of the election shall be funded out of the appropriations of the Commission on Elections authorized for the purpose in Batas Pambansa Blg. 131. In case of deficiency, the appropriations therein provided may be augmented from the Special Activities Fund intended for special priority activities authorized in the current General Appropriations Act.
Local governments may appropriate funds to defray the expenses of the Members of the Board of Election Tellers, Board of Canvassers, and the printing of election forms and procurement of other election paraphernalia.
Sec. 25. Effectivity. – This Act shall take effect upon its approval.
Approved: March 25, 1982. (P.B. No. 2125)