Policy, declared intent, and coverage
- The Act establishes a national system for election service by creating eligible personnel to render election-related service for the Commission on Elections (COMELEC) and by providing compensation and protection for persons rendering such service.
- The Act makes election service non-compulsory for public school teachers and authorizes the appointment of other qualified citizens when public school teachers are unavailable under Section 3.
- The Act covers persons appointed to render election-related service as Chairperson or member of the Electoral Boards and as Department of Education Supervisor Official (DESO), including their respective support staff under Section 2.
Core definitions
- “Commission” refers to the Commission on Elections under Section 2(b).
- “Electoral Boards” collectively refers to the Board of Election Inspectors (BEI), Special Board of Election Inspectors (SBEI), Board of Election Tellers (BET), and Special Board of Election Tellers (SBET) under Section 2(c).
- “Persons rendering election service” refers to persons appointed by the Commission as Electoral Boards personnel and DESO, and their respective support staff under Section 2(f).
- “Compensation” means per diem, honoraria, or allowances granted to Electoral Boards personnel, DESO, and their support staff under Section 2(c).
- “Other benefits” includes death and/or hospitalization benefits for persons rendering election service or their beneficiaries, including provision for legal assistance and legal indemnification under Section 2(g).
- “Election-related risk” refers to any death or injury sustained by reason of, or on the occasion of, the performance of election service or duties under Section 2(e).
- “Beneficiaries” refers to the qualified compulsory heirs of the deceased person rendering election service under the Act under Section 2(a).
Who renders election service
- The Commission constitutes the Electoral Boards composed of a Chairperson and two (2) members, all of whom must be public school teachers who are willing and available to render election service under Section 3.
- If there is a lack of public school teachers willing, available, or qualified, the Commission may appoint other persons in this order of preference under Section 3:
- (a) Private school teachers
- (b) National government employees, specifically (1) DepED nonteaching personnel and (2) other national government officials and employees holding regular or permanent positions, excluding uniformed personnel of the Department of National Defense and all its attached agencies
- (c) Members of the Commission-accredited citizen arms or other civil society organizations and nongovernmental organizations duly accredited by the Commission
- (d) Any registered voter of the city or municipality of known integrity and competence who is not connected with any candidate or political party
- Where the peace and order situation so requires as determined by the Commission and where there are no qualified voters willing to serve, the Commission deputizes uniformed personnel of the Philippine National Police as a last resort to render election service under Section 3.
Compensation, service credit, and timing
- Persons rendering election service are entitled to honoraria, travel allowance, and other benefits as granted by the Commission under Section 4(a).
- For the first implementation of the Act, the honoraria are fixed as follows under Section 4:
- Chairperson of Electoral Boards: ₱6,000.00
- Members of Electoral Boards: ₱5,000.00
- DESO: ₱4,000.00
- Support Staff: ₱2,000.00
- Each of the foregoing is entitled to an additional travel allowance of ₱1,000.00 under Section 4.
- Honoraria and allowances must be paid within fifteen (15) days from the date of election under Section 4.
- The Commission reviews the honoraria and allowances in consultation with the DepED every three (3) years from the effectivity of this Act, but revised amounts must not be lower than the amounts stated under Section 4.
- A minimum of five (5) days service credit accrues to all government officials and employees serving as Electoral Boards members and DESO, and their respective support staff under Section 5.
Death, medical assistance, and benefits
- Persons rendering election service are entitled to death and/or medical assistance for election-related risks drawn from the trust fund created under the Act under Section 6(a).
- Death benefits are ₱500,000.00 awarded to beneficiaries in accordance with the implementing rules and regulations under Section 6(a).
- Death benefits are reviewed by the Commission every three (3) years thereafter, but revised death benefits must not be lower than ₱500,000.00 under Section 6(a).
- Medical assistance is provided in an amount determined by the Commission and must be sufficient to cover medical and hospitalization expenses until recovery under Section 6(b).
Legal assistance and indemnification
- Persons rendering election service are authorized to engage government or private lawyers immediately upon receipt of notice that a civil, criminal, or administrative action, suit, or proceeding is filed against them in connection with election service under Section 7.
- Lawyers’ fees form part of the indemnification package under the Act under Section 7, subject to Section 8.
- The Commission establishes an equitable legal indemnification package comprising legal assistance and other legal protection/indemnification for legal costs and expenses reasonably incurred in administrative, civil, or criminal actions, suits, or proceedings where the person was made a party by reason of performance of functions or duties, unless finally adjudged guilty of an election offense under Section 8(a).
- Legal assistance and indemnification do not cover any action, suit, or claim initiated by the person in a personal capacity or on behalf of the Commission unless authorized by the Commission under Section 8.
Claim procedures and reimbursement rules
- Claimants file claims for legal assistance and indemnification with their respective agencies and must secure approval of their respective heads of agencies on the terms and conditions of engagement of counsel under Section 9(a).
- Private individuals rendering election service file their claims with the Commission under Section 9(a).
- If the claimant is found not guilty of an election offense, the claimant must liquidate cash advances or be allowed reimbursement for reasonable expenses under Section 9(b).
- If the claimant is found guilty of an election offense, the claimant is denied reimbursement and, if cash advances were made, must return the cash advance through salary deduction or reimbursement, as applicable, under Section 9(b).
- Funds for legal assistance and indemnification are drawn from the agency’s annual appropriation and from the trust fund under the Act under Section 9(c).
Election offense and liability
- Any person who makes or causes the delay in payment of honoraria and allowances due persons rendering election service beyond the prescribed period of fifteen (15) days from the date of election is liable for an election offense under Section 10.
Trust fund creation and restrictions
- The Commission must establish a special trust fund for medical assistance, death benefits, legal assistance, and indemnification under the Act under Section 11(a).
- The trust fund must not be used for purposes other than those provided by the Act under Section 11(a).
Appropriations and funding flow
- Initial funding is charged against the Commission’s current year’s appropriations under Section 12(a).
- Continued implementation requires that such amounts as may be necessary be included in the annual General Appropriations Act under Section 12(b).
Implementing rules and coordination
- The Commission, with the assistance of the DepED, Office of the Solicitor General, Department of Justice, National Teacher Organizations, Election Monitoring Organizations, and such other civil society organizations as the Commission determines, must formulate the implementing rules and regulations within ninety (90) days from the effectivity of the Act under Section 13.
Transitory implementation for 2016 elections
- Within thirty (30) days after effectivity, the Commission determines whether it has material time to implement Section 3 on the non-compulsory election service of public school teachers in the 2016 national and local elections.
- If there is no material time, Section 3 is implemented in subsequent elections under Section 14.
Repeal, separability, and effectivity
- All laws, decrees, orders, issuances, or portions thereof inconsistent with the Act are repealed, amended, or modified accordingly under Section 15.
- Any provision of the Act declared unconstitutional does not affect the validity and effectivity of the remaining provisions under Section 16.
- The Act takes effect immediately after publication in two (2) newspapers of general circulation under Section 17.