Definition of Terms
- Beneficiaries: Qualified compulsory heirs of deceased election service personnel.
- Commission: Commission on Elections (COMELEC).
- Compensation: Honoraria, allowances for Chairpersons, members of Electoral Boards, DESOs, and support staff.
- Department (DepED): Department of Education.
- Election-related risk: Death or injury during election service.
- Persons rendering election service: Appointed election officials including Chairpersons, Electoral Board members, DESOs, and support staff.
- Other benefits: Death/hospitalization benefits, legal assistance, and indemnification.
Composition and Appointment of Electoral Boards
- Electoral Boards comprise a Chairperson and two members, primarily public school teachers who volunteer.
- If insufficient public school teachers are available, appointments proceed in priority:
- Private school teachers
- National government employees (DepED nonteaching personnel, then other officials/employees excluding uniformed personnel)
- Commission-accredited civil society organizations
- Registered voters with integrity and competence, unaffiliated with candidates or parties
- In extreme peace and order situations without qualified voters, Philippine National Police personnel may be deputized as a last resort.
Honoraria and Allowances
- Persons rendering election service are entitled to:
- Chairperson: ₱6,000 honoraria plus ₱1,000 travel allowance
- Members: ₱5,000 honoraria plus ₱1,000 travel allowance
- DESOs: ₱4,000 honoraria plus ₱1,000 travel allowance
- Support staff: ₱2,000 honoraria plus ₱1,000 travel allowance
- Payments must be made within 15 days of election.
- The Commission shall review these amounts every three years, ensuring no decrease from the base amounts.
Service Credit
- Government officials and employees serving in election positions earn a minimum of five days service credit.
Other Benefits: Death and Medical Assistance
- Death Benefits:
- ₱500,000 awarded to beneficiaries of deceased election workers.
- Amount subject to Commission review every three years, with no decrease below the initial amount.
- Medical Assistance:
- Election service workers receive medical and hospitalization support until recovery, amount to be determined by the Commission.
Legal Assistance
- Election service personnel may engage government or private lawyers immediately upon notice of legal action related to their service.
- Lawyer's fees form part of the indemnification package.
Indemnification
- The Commission shall provide legal protection and indemnification for reasonable legal costs in administrative, civil, or criminal actions linked to election service.
- Coverage excludes cases where the personnel are adjudged guilty of election offenses.
- Legal assistance does not cover actions initiated personally by election workers unless authorized by the Commission.
Claim Procedure for Legal Assistance and Indemnification
- Claims must be filed with the respective agency or the Commission (for private individuals).
- Approval by heads of agencies on counsel engagement terms is required.
- If found not guilty, claimants can liquidate expenses or receive reimbursement.
- If guilty of election offenses, claimants are denied reimbursement and must return advances.
- Funds are from agency appropriations and the election service trust fund.
Election Offense Regarding Payment Delays
- Delay in payment of honoraria or allowances beyond 15 days post-election constitutes an election offense.
Election Service Trust Fund
- The Commission shall establish a trust fund dedicated to covering medical assistance, death benefits, legal assistance, and indemnification.
- The fund is exclusively for these purposes.
Appropriations
- Initial funding comes from the Commission's current appropriations.
- Future funds to be included in the General Appropriations Act annually.
Implementing Rules and Regulations
- The Commission, with DepED and other stakeholders, must formulate implementing rules within 90 days from the Act's effectivity.
Transitory Provision
- The Commission shall decide within 30 days post-effectivity if Section 3's non-compulsory service of public school teachers applies to the 2016 elections or subsequent ones.
Repealing and Separability Clauses
- Laws conflicting with this Act are repealed, amended, or modified.
- Invalidity of any provision does not affect the remaining provisions.
Effectivity
- The Act takes effect immediately upon publication in two newspapers of general circulation.