QuestionsQuestions (BATAS PAMBANSA BLG. 222)
It is known and cited as the “Barangay Election Act of 1982” and is applicable to the election of barangay officials.
To guarantee and promote barangay autonomy for their fullest development, and to ensure residents’ freedom to choose officials in a free, orderly, and honest election.
The term is six years, commencing on June 7, 1982, continuing until successors are elected and qualified.
The election is non-partisan and must be conducted expeditiously and inexpensively; no political party, group, or organization may intervene in nomination or filing of candidacy or give aid/support for or against a candidate.
It does not apply to: (1) members of the family of a candidate within the fourth civil degree of consanguinity or affinity; and (2) the candidate’s personal campaign staff, not more than one for every 100 registered voters in the barangay.
No. It expressly states that nothing in Section 4 impairs the freedom of individuals to support or oppose any candidate for barangay office.
The Commission on Elections (COMELEC) supervises the election and is empowered to promulgate rules and regulations necessary to implement the Act.
The Punong Barangay (Barangay Captain) and six Kagawad ng Sangguniang Barangay (Barangay Councilmen), who constitute the Sangguniang Barangay.
Must be a Philippine citizen, a registered voter, actual resident of the barangay for at least six months immediately preceding the election, able to read and write, at least 21 years old on election day, and not otherwise disqualified by law.
Insanity or feeblemindedness; final judgment sentence for subversion, insurrection, rebellion; for any offense with penalty of more than 18 months; or any crime involving moral turpitude—unless pardoned.
A sworn certificate of candidacy in triplicate must be filed not later than May 1, 1982 in a form prescribed by the COMELEC.
Generally, it is filed with the Secretary of the Sangguniang Barangay, who must ministerially receive and acknowledge receipt. If refused or the secretary is absent/unavailable, the candidate may file with the Election Registrar of the city or municipality concerned.
The Secretary or Election Registrar prepares a consolidated list of all candidates and posts the list in the barangay hall and other conspicuous places 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 GOCCs, is automatically resigned upon filing of the certificate of candidacy.
Campaign starts May 1, 1982 and ends May 15, 1982; no election campaign is allowed on the day of the election and on the day before the election.
Not later than ten days before the election, the COMELEC constitutes a Board in every barangay voting center: one public elementary school teacher as Chairman and two members who are registered voters of the voting centers and are not incumbent barangay officials (or, if no public teachers are available, any registered voter in the voting center not an incumbent barangay official).
Candidates may appoint two watchers each, to serve alternately in every voting center within the barangay; they must be furnished with a signed copy of the election results immediately after the completion of the canvass.
Inclusion/exclusion cases are decided by the city/municipal/metropolitan trial court with exclusive original jurisdiction within two days before election. A sworn petition contesting any barangay election must be filed within ten days from proclamation of winners with the proper trial court; the trial court must decide within fifteen days, its decision may be appealed within ten days to the Regional Trial Court (CFI) which decides within thirty days, and that decision is final.
The provisions of the 1978 Election Code and the Revised Barangay Charter, not inconsistent herewith, apply suppletorily to the election of barangay officials.
Violations constitute prohibited acts under Section 178 of the 1978 Election Code and are prosecuted and penalized according to the provisions of that Code.