Law Summary
Declaration of Policy
- State policy promotes barangay autonomy for self-reliant community development.
- Guarantees free, orderly, and honest elections for barangay officials.
Term of Office
- Barangay officials elected under the Act serve a six-year term.
- Term starts June 7, 1982, until successors are elected and qualified.
Conduct of Elections
- Barangay elections are non-partisan and conducted expeditiously and inexpensively.
- Candidates cannot represent or be represented by any political party or group.
- Family members up to fourth civil degree or personal campaign staff are exempted.
- The provision does not impair individual freedom to support or oppose candidates.
Supervision by the Commission on Elections (COMELEC)
- COMELEC supervises barangay elections.
- Empowered to promulgate necessary rules and regulations.
Election of Barangay Officials
- Elect a Punong Barangay (Barangay Captain) and six Kagawad (Barangay Councilmen).
- Election date set on May 17, 1982.
Qualifications of Barangay Officials
- Must be a Filipino citizen, registered voter, and actual resident of the barangay for 6 months preceding election.
- Must be able to read and write.
- Must be at least 21 years old on election day.
- Must not be disqualified by law.
Disqualifications
- Insanity or feeblemindedness.
- Final conviction for subversion, insurrection, rebellion, or crimes with penalties over 18 months or involving moral turpitude.
- Pardoned individuals may be eligible.
Certificate of Candidacy
- Must file a sworn certificate in triplicate by May 1, 1982.
- Filed with Barangay Secretary; if refused or unavailable, with Election Registrar.
- Secretary or Registrar must post list of candidates ten days before election.
- Elective or appointive government officials/employees are considered resigned upon filing candidacy.
Campaign Period
- Campaign starts May 1, 1982, and ends May 15, 1982.
- No campaigning allowed on election day or the day before.
Board of Election Tellers
- COMELEC appoints a Board in each voting center at least 10 days before election.
- Composition: public elementary school teacher as Chairman, two registered voter members not incumbent barangay officials.
- Supervises election, counts votes, prepares reports in triplicate.
Barangay Voters
- Voters registered for the June 16, 1981 presidential election and thereafter.
- COMELEC may order additional registration for up to two days if needed.
Voting Centers
- Designated by Board Chairman, preferably public schools or public buildings.
- If none available, appropriate private buildings not owned by candidates or close relations.
Official Barangay Ballots
- Provided by city or municipality.
- Size and color prescribed by COMELEC.
- Authenticated by Board Chairman before distribution.
Ballot Boxes
- Provided by the Commission on Elections for each voting center.
Postponement or Failure of Election
- COMELEC may postpone election for causes such as violence, terrorism, destruction of paraphernalia, force majeure.
- Temporary officials designated by Minister of Local Government if election postponed.
- Elections may be ordered upon petition of at least 30% of voters or verification.
Barangay Board of Canvassers
- COMELEC constituted at least seven days before election.
- Composed of senior public elementary school teacher as Chairman and two other teachers.
- Canvasses votes, proclaims winners, and issues certificates of proclamation in triplicate.
Barangay Assembly Meeting
- Convened at least once by Punong Barangay or Commission-designated resident by May 11, 1982.
- Purpose: candidates explain programs and qualifications to voters.
- Assembly may discuss other election-related matters.
- Reports any important decisions to COMELEC.
Watchers
- Candidates may appoint two watchers per voting center.
- Watchers receive signed copy of election results.
Inclusion, Exclusion, and Election Protest Procedures
- Inclusion/exclusion cases decided by city/municipal/metropolitan trial court not later than two days before election.
- Election protests filed within 10 days after proclamation.
- Trial court decides within 15 days; decisions appealable to Regional Trial Court within 10 days.
- Regional Trial Court decision is final.
Applicability of 1978 Election Code
- 1978 Election Code and Revised Barangay Charter apply supplementarily when not inconsistent.
Penalties
- Violations constitute prohibited acts under Section 178 of the 1978 Election Code.
- Subject to prosecution and penalties prescribed by the Code.
Separability Clause
- If any provision is held unconstitutional, the rest of the Act remains valid.
Appropriations
- Costs funded by COMELEC appropriations authorized in Batas Pambansa Blg. 131.
- Deficiencies may be covered by Special Activities Fund.
- Local governments may appropriate funds for election expenses.
Effectivity
- The Act takes effect upon approval on March 25, 1982.