Title
Election Service Reform Act
Law
Republic Act No. 10756
Decision Date
Apr 8, 2016
Republic Act No. 10756, also known as the 'Election Service Reform Act,' aims to make election service non-compulsory for public school teachers in the Philippines, providing compensation, benefits, legal assistance, and establishing a trust fund to ensure fair treatment and support for individuals involved in election service.

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:
    1. Private school teachers
    2. National government employees (DepED nonteaching personnel, then other officials/employees excluding uniformed personnel)
    3. Commission-accredited civil society organizations
    4. 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.

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