Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 229[*])
The primary purpose of Presidential Decree No. 229 is to provide the manner of voting and canvass of votes in barangays (Citizens Assemblies) during referendums and consultations on national or local issues.
The Commission on Elections (COMELEC) supervises and controls the conduct of voting and canvass of votes in barangays for referendums and consultations.
The barrio captain or barangay head must call a general meeting to inform all members of the barangay about the date, place, and issues to be resolved in the referendum, allowing full and constructive discussion.
The barangay referendum committee consists of a representative of the COMELEC as chairman, a member of the barangay council, and a public schoolteacher from the barangay. Substitutes can be appointed if any member is unavailable.
Every registered member of the barangay who personally appears before the barangay referendum committee on voting day may vote, including those omitted from the barangay list but who can prove registration through records or previous referendum or election lists.
Voting is by secret ballot conducted at designated barangay centers from 7 AM to 6 PM. Voters are identified, given official ballots, and vote inside private booths.
There are two ballot boxes per barangay center: one for voters aged 15 to under 18, and another for voters 18 years old and above.
Violations of the prohibited acts, such as tampering with ballots or coercion, are punishable by imprisonment of not less than one month and not more than six months.
Municipal or city courts have jurisdiction over offenses under this Decree, with appeals to the court of first instance whose decisions are final.
COMELEC, through its authorized legal officers, has the power to conduct preliminary investigations and prosecute election offenses punishable under PD No. 229.
Observers may call attention to irregularities, report them to the election registrar, and assist the barangay referendum committee in ensuring order during voting when directed.
Illiterate or disabled voters may choose a trusted person, preferably a relative within the fourth civil degree, to assist them in preparing the ballot inside the voting booth. The assistant must sign a formal document pledging confidentiality.
COMELEC may postpone the referendum upon petition and hearing and reschedule it to a reasonably close date if circumstances make holding the referendum impossible.
Unauthorized printing, distribution, possession, or use of official ballots, as well as using non-official ballots without authorization, is prohibited and punishable under the Decree.
Voting officially starts at 7:00 AM and closes at 6:00 PM, except if voters remain present within 30 meters of the barangay center to vote, in which case voting continues until all waiting voters are accommodated.