Barangay Election Act of 1982 provisions

State policy and election purpose

Section 2 declares State policy to guarantee and promote barangay autonomy to ensure their fullest development as self-reliant communities.
Section 2 directs the State to ensure the freedom of residents to choose their officials in a free, orderly and honest election.

Term of office

Section 3 sets the term of barangay officials elected under the Act at six years.
The term commences on June 7, 1982.
The term continues until successors are elected and qualified.

Non-partisan election rules

Section 4 requires that the barangay election be non-partisan and conducted in an expeditious and inexpensive manner.
Section 4 prohibits any person who files a certificate of candidacy from representing, or allowing himself to be represented, as a candidate of any political party or other organization.
Section 4 bars any political party, political group, political committee, civic, religious, professional, or other organization, or organized group of whatever nature, from intervening in nomination or filing, or giving aid or support directly or indirectly, material or otherwise, favorable to or against any campaign.
Section 4 provides exceptions: the rule does not apply to family members within the fourth civil degree of consanguinity or affinity, nor to the candidate’s personal campaign staff, which must be not more than one for every one hundred registered voters in his barangay.
Section 4 states that no permit to hold a public meeting shall be denied on the ground that the rules in the paragraph may or will be violated, without prejudice to any other liability.
Section 4 affirms that nothing impairs the freedom of individuals to support or oppose any candidate for any barangay office.

Commission on Elections supervision and powers

Section 5 places the election of barangay officials under the supervision of the Commission on Elections.
Section 5 empowers the Commission on Elections to promulgate rules and regulations necessary to implement the Act.
Section 5 makes supervision subject to the policy declared in Section 2.

Who is elected and when

Section 6 requires the election of Punong Barangay (Barangay Captain) and six Kagawad ng Sangguniang Barangay (Barangay Councilmen).
Section 6 provides that the Presiding Officer is the Punong Barangay, and the six Kagawad constitute the Sangguniang Barangay.
Section 6 fixes the election date for May 17, 1982.

Qualifications and disqualifications

Section 7 requires that a candidate for barangay official be a Philippine citizen, a registered voter, and an actual resident of the barangay for at least six months immediately preceding the election.
Section 7 requires ability to read and write and age at least twenty-one years of age on the date of the election.
Section 7 requires the candidate not be otherwise disqualified by law.
Section 8 disqualifies any person who is insane or feebleminded from being a candidate or holding barangay office.
Section 8 disqualifies a person sentenced by final judgment for subversion, insurrection, rebellion, or for any offense punishable by a penalty of more than eighteen months, or for any crime involving moral turpitude, from being a candidate or holding barangay office.
Section 8 provides an exception: disqualification does not apply if the person has been pardoned.

Certificate of candidacy and filing

Section 9 prohibits a person from being elected as Punong Barangay or Kagawad unless the person files a sworn certificate of candidacy.
Section 9 requires filing in triplicate no later than May 1, 1982.
Section 9 requires the certificate to be in a form prescribed by the Commission on Elections, and the candidate must state the barangay office sought.
Section 9 requires filing with the Secretary of the Sangguniang Barangay, who must have the ministerial duty to receive the certificate and acknowledge receipt immediately.
Section 9 allows backup filing: if the Secretary refuses to receive it, or is absent or unavailable, the certificate may be filed with the Election Registrar of the city or municipality concerned.
Section 9 requires the Secretary or Election Registrar to prepare a consolidated list of candidates and to post the list in the barangay hall and other conspicuous places at least ten days before the election.
Section 9 provides automatic resignation: any elective or appointive municipal, city, or provincial official or employee, or anyone in the civil service or military (including those in government-owned or controlled corporations), is automatically resigned upon filing the certificate of candidacy.

Campaign, voting administration, and voters

Section 10 sets the campaign period from May 1, 1982 to May 15, 1982.
Section 10 prohibits any election campaign on the day of the election and on the day before the election.
Section 11(1) requires the Commission on Elections to constitute, not later than ten days before the election, a Board of Election Tellers in every barangay voting center.
Section 11(1) sets the composition of the Board of Election Tellers: a public elementary school teacher as Chairman, and two registered voters of the voting center who are not incumbent barangay officials; if no public elementary school teachers are available, the Commission designates any registered voter in the voting center not an incumbent barangay official.
Section 11(2) requires the Board of Election Tellers to obtain from the Election Registrar the list of registered voters prepared for the June 16, 1981 presidential election corresponding to the voting centers, including those who registered thereafter.
Section 11(2) requires posting of the final list of voters in voting centers at least two days before election day and prohibits voter transfer without written notice at least two days before the election date.
Section 11(3) requires the Board of Election Tellers to supervise and conduct the election per voting center, count votes, and prepare a report in triplicate in a form prescribed by the Commission on Elections.
Section 11(3) directs distribution of the report: the original to the Barangay Board of Canvassers, the second copy to the Election Registrar, and the third copy to the Secretary of the Sangguniang Barangay for filing.
Section 12(1) limits voting eligibility to voters registered for the June 16, 1981 presidential election and those who registered thereafter.
Section 12(2) authorizes the Commission on Elections, in case of need, to order voter registration in the voting centers for not more than two days.
Section 13(1) requires the Chairman of the Board of Election Tellers to designate a public school or other public building as voting center if there is only one voting center in the entire barangay.
Section 13(2) requires the Chairman of the Board of Canvassers to designate voting centers to ensure easy access when there are two or more voting centers.
Section 13(2) allows designation of appropriate private buildings when no public building exists, provided the building does not belong to or is possessed by any candidate or the candidate’s relative within the fourth civil degree of consanguinity or affinity.

Ballots, ballots authentication, and postponement

Section 14 requires official barangay ballots provided by the city or municipality in a size and color prescribed by the Commission on Elections.
Section 14 requires authentication of the official ballot before it is handed to the voter, with the presence of the voter and other Tellers and watchers, and requires the Chairman of the Board of Election Tellers to affix signature at the back.
Section 15 mandates that the Commission on Elections provide ballot boxes for each barangay voting center.
Section 16 authorizes postponement if serious cause makes a free, orderly and honest election impossible in any barangay, including violence, terrorism, loss or destruction of election paraphernalia or records, force majeure, and other analogous causes.
Section 16 allows postponement only upon a verified petition, after due notice and hearing, and postpones for a time the Commission deems necessary.
Section 16 requires the Commission, upon a verified petition and after due notice and hearing, to call for holding or continuation on a date reasonably close to the date not held or suspended when election has not been held on the fixed date or has been suspended and failure/suspension would affect the result due to force majeure, violence, terrorism, other analogous causes, or fraud.
Section 16 provides that the Minister of Local Government shall designate persons who temporarily act as Punong Barangay and members of the Sangguniang Barangay in the postponement/continuation situation.
Section 16 requires action when conditions warrant: the Commission orders the holding of barangay election upon verification by the Commission or upon petition of at least thirty percentum of the registered voters in the barangay.

Canvassing and proclamation

Section 17(1) requires the Commission on Elections to constitute at least seven days before the election a Barangay Board of Canvassers in each barangay.
Section 17(1) sets the Board composition: senior public elementary school teacher in the barangay as Chairman, and two other public elementary school teachers as Members.
Section 17(1) authorizes designation from Board of Election Tellers when the number of public elementary school teachers is inadequate.
Section 17(2) requires the Board of Canvassers to meet immediately in a building where a voting center is found that is most centrally located and to canvass results and proclaim winners.
Section 17(2) requires a Certificate of Proclamation in triplicate using a form prescribed by the Commission on Elections.
Section 17(2) directs distribution of the Certificate of Proclamation: the original to the Election Registrar, the second copy to the Secretary of the Sangguniang Bayan or Sangguniang Panglunsod (as the case may be), and the third copy kept on file by the Secretary of the Sangguniang Barangay.
Section 17(3) provides that in a barangay with only one voting center, the Barangay Board of Tellers also acts as the Barangay Board of Canvassers.

Barangay assembly meetings and watchers

Section 18 requires the Punong Barangay, if not a candidate, or a resident designated by the Commission on Elections, to convene the Barangay Assembly at least once not later than May 11, 1982.
Section 18 provides that the purpose of the Barangay Assembly meeting is to allow candidates to appear and explain to barangay voters their program of administration, their qualifications, and other information to enlighten voters.
Section 18 allows the Barangay Assembly to discuss other matters relative to the election subject to the Revised Barangay Charter, as amended.
Section 18 requires the barangay to report to the Commission on Elections any important matter decided for appropriate action.
Section 18 allows the Barangay Assembly to be convened as many times as necessary.
Section 19 allows each candidate to appoint two watchers each to serve alternately in every voting center within the barangay.
Section 19 requires that watchers be furnished with a signed copy of the election results in the form prescribed by the Commission on Elections immediately after completion of the canvass.

Inclusion/exclusion cases and election protests

Section 20 places inclusion and exclusion cases, decided not later than two days before the election, under the exclusive original jurisdiction of the city or municipal or metropolitan trial court.
Section 20 requires that election contests be initiated by a sworn petition filed with the city or municipal or metropolitan trial court, within ten days from the date of the proclamation of the winners.
Section 20 requires the trial court to decide the election protest within fifteen days after filing.
Section 20 provides that the decision of the municipal or city or metropolitan trial court may be appealed within ten days from receipt of a copy to the Regional Trial Court (CFI).
Section 20 requires the Regional Trial Court (CFI) to decide within thirty days from submission, and makes its decision final.

Suppletory rules, penalties, and separability

Section 21 provides that the provisions of the 1978 Election Code and the Revised Barangay Charter apply in a suppletory character to barangay elections to the extent not inconsistent with the Act.
Section 22 declares that violations of the Act constitute prohibited acts under Section 178 of the 1978 Election Code.
Section 22 requires prosecution and penalties in accordance with the 1978 Election Code provisions.
Section 23 provides a separability rule: if one or more provisions are held unconstitutional, the remaining provisions continue to be valid.

Election funding and local government support

Section 24 requires election costs to be funded out of appropriations of the Commission on Elections authorized in Batas Pambansa Blg. 131.
Section 24 authorizes augmentation from the Special Activities Fund intended for special priority activities authorized in the current General Appropriations Act in case of deficiency.
Section 24 allows local governments to appropriate funds to defray 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.

Effectivity

Section 25 provides that the Act takes effect upon approval.
Batas Pambansa Blg. 222 was approved on March 25, 1982.