QuestionsQuestions (DOTC DEPARTMENT ORDER NO. 97-1097)
RA 10756 is entitled the “Election Service Reform Act.”
It refers to the Chairperson and members of the Board of Election Inspectors (BEI), Special Board of Election Inspectors (SBEI), Board of Election Tellers (BET), and Special Board of Election Tellers (SBET), collectively.
They are persons appointed by the Commission to render election-related service as Chairperson or member of the Electoral Boards and DESO, including their respective support staff.
The Electoral Boards shall be composed of a Chairperson and two (2) members, all of whom shall be public school teachers who are willing and available to render election service.
The Commission may appoint, in order: (1) private school teachers; (2) national government employees (DepED nonteaching personnel, then other national government officials/employees in regular/permanent positions excluding uniformed personnel of DND and attached agencies); (3) members of Commission-accredited citizen arms or civil society organizations/NGOs duly accredited by the Commission; and (4) any registered voter of the city or municipality of known integrity and competence not connected with any candidate or political party.
When the peace and order situation so requires as determined by the Commission and there are no qualified voters willing to serve; it is a last resort because it applies only when no other qualified civilian options exist.
(a) Chairperson: ₱6,000; (b) Members: ₱5,000 each; (c) DESO: ₱4,000; (d) Support Staff: ₱2,000.
They must be paid within fifteen (15) days from the date of election. Any revised amounts after review every three (3) years must not be lower than the amounts stated in the law.
Service credit is accrued to government officials and employees serving as members of the Electoral Boards and DESO and their support staff; the minimum is five (5) days.
RA 10756 provides ₱500,000 as death benefit to the qualified compulsory heirs (beneficiaries) of the deceased person rendering election service.
Persons rendering election service are entitled to medical assistance in an amount determined by the Commission, sufficient to cover medical and hospitalization expenses until recovery.
They may immediately engage the services of government or private lawyers upon receipt of notice that a civil, criminal, or administrative action/proceeding is filed against them in connection with their election service; the lawyer’s fee becomes part of the legal indemnification package under the Act.
It does not cover actions initiated by the person rendering election service in his or her personal capacity or on behalf of the Commission, unless the action/proceeding/claim was authorized by the Commission.
If not guilty of an election offense, the claimant must liquidate cash advances or be allowed reimbursement for reasonable expenses. If guilty, reimbursement is denied and any cash advances must be returned (through salary deduction or reimbursement as applicable).
Any person who makes or causes delay in the payment of honoraria and allowances due persons rendering election service beyond fifteen (15) days from the date of election is liable for an election offense.
It is a special trust fund for medical assistance, death benefits, legal assistance, and indemnification as provided under the Act, and it shall not be used for purposes other than those provided.
IRR: within ninety (90) days from effectivity. Transitory/implementation timing: within thirty (30) days after effectivity, the Commission must determine if it has material time to implement Section 3 for the 2016 elections; otherwise it is implemented in subsequent elections.