Question & AnswerQ&A (BATAS PAMBANSA BLG. 222)
The law is known and cited as the Barangay Election Act of 1982.
The State guarantees and promotes the autonomy of the barangays to ensure their fullest development as self-reliant communities and ensures the freedom of residents to choose their officials in free, orderly, and honest elections.
The term of office is six years, commencing on June 7, 1982, and continuing until their successors are elected and qualified.
Barangay elections shall be non-partisan, expeditious, and inexpensive. Candidates must not represent any political party or organization in their candidacy, and no such groups may intervene or support any candidate directly or indirectly during the campaign.
The Commission on Elections (COMELEC) has supervision over barangay elections and is empowered to promulgate rules and regulations to implement the Act.
One Punong Barangay (Barangay Captain) and six Kagawad ng Sangguniang Barangay (Barangay Councilmen) are elected to constitute the Barangay Council.
A person must be a Filipino citizen, a registered voter, an 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 disqualified by law.
Persons who are insane, feebleminded, sentenced for subversion, insurrection, rebellion, or any offense with penalty over 18 months, or crimes involving moral turpitude are disqualified unless pardoned.
They must file a sworn certificate of candidacy in triplicate not later than May 1, 1982, indicating the position they seek. This is filed with the Barangay Secretary or the Election Registrar if the secretary is unavailable.
The campaign period starts on May 1, 1982, and ends on May 15, 1982. No campaign is allowed on the day of the election or the day before it.
COMELEC constitutes a Board of Election Tellers composed of a public elementary school teacher as Chairman and two registered voters who are not incumbent barangay officials. If no public school teacher is available, any qualified registered voter may be designated.
Voters registered for the June 16, 1981 presidential election and those registered thereafter are eligible to vote in the barangay election.
Public schools or other public buildings within the barangay are designated as voting centers. If none are available, appropriate private buildings not owned by candidates or their relatives within the fourth civil degree may be designated.
COMELEC may postpone the election upon verified petition and after due notice and hearing until conditions are suitable. If the election is suspended, the Minister of Local Government designates temporary officials until new elections.
COMELEC constitutes a Board of Canvassers of at least three public elementary school teachers who canvass votes from voting centers and proclaim winners. They prepare a Certificate of Proclamation in triplicate after canvassing.
The Barangay Assembly, convened by the Punong Barangay or a designated resident, allows candidates to present their platforms and qualifications to voters at least once before the election.
Each candidate may appoint two watchers per voting center to serve alternately. They receive a signed copy of election results immediately after canvassing.
Election protests must be filed with the city, municipal, or metropolitan trial court within ten days after proclamation. The court shall decide within fifteen days, and appeals to the Regional Trial Court must be decided within thirty days. The RTC's decision is final.
The provisions of the 1978 Election Code and the Revised Barangay Charter apply in a suppletory manner to barangay elections, provided they are not inconsistent with this Act.
Violations constitute prohibited acts under Section 178 of the 1978 Election Code and shall be prosecuted and penalized according to that Code.