Guidelines on Electric Cooperative District Elections 2005

Policy, Purpose, and Legal Basis

The guidelines are intended to minimize and/or steer clear of election protests arising from intricate and contentious district election conduct.
The guidelines are intended to maintain uniformity and consistency in ruling over election cases.
Section 54 provides that these guidelines are issued pursuant to PD No. 269, as amended.
Section 55 provides that inconsistent cooperative bylaws, cooperative board resolutions, and previous NEA issuances on district elections are repealed, amended, or modified accordingly.
Section 55 provides that NEA Memorandum issued on February 13, 1998 on the Consolidated Guideline in the candidacy of coop officials and employees in Local, National and Barangay Elections and Related Matters continues to have full force and effect.

Coverage: Who and What Elections

The guidelines govern elections of the Board of Directors of all electric cooperatives established/organized under PD No. 269 as amended (Section 1).
“Election” is the process of choosing a director in a district through secret balloting to represent members in the cooperative Board of Directors (Section 2(a)).
The Board of Directors is the body composed of representatives elected in every district to promulgate policies, rules, and regulations for the cooperative’s operation (Section 2(b)).
“Voter” is a bona fide member who possesses all qualifications to vote (Section 2(c)).
“Resident” means a bona fide member of a district who has resided in the district for not less than one (1) year immediately preceding the elections (Section 2(d)).
“Juridical person” means any firm, corporation, association, body politic, or subdivision (Section 2(e)).
“Masterlist of Voters” is a roster of qualified bona fide members qualified to vote in a particular district election, including address, membership certificate number or official receipt number, membership status (single or joint or juridical), and the date and resolution number of membership approval (Section 2(f)).

Definitions and Key Election Bodies

“Voting Center” is the designated place where the Board of Directors election is conducted (Section 2(g)).
“Election Precinct” is the designated place in the voting center where members register and cast votes for a designated territory (Section 2(h)).
Screening Committee (SC) is a body composed of the Engineering or Technical Services Department Manager and Finance or OSD Manager as members, with Member Services or Institutional Services Department Manager as Chairman, for reviewing records and final screening of candidate qualifications (Section 2(i)).
District Election Committee (DECOM) is a body of three (3) members delegated to exercise supervision and control over the election of the Board of Directors in a particular district (Section 2(j)).
Precinct Election Committee (PECOM) is a body of three (3) members deputized by DECOM to take charge of registration and voting in the precinct (Section 2(k)).

Election Scheduling, Notices, and Validity

The Board of Directors calls, schedules, and provides appropriation for regular district elections by resolution, with the resolution passed not less than 90 days nor more than 120 days before the annual meeting as provided for in the by-laws (Section 3).
Copy of the resolution calling regular district elections must be submitted to NEA within 2 weeks after the Board meeting (Section 3).
Regular district elections must be held for expiring districts within not less than 30 days nor more than 60 days before the annual meeting, with the 30 days reckoned from the date of the last elections scheduled for the year (Section 3(a)).
Special election fills vacancies due to death, incapacity, resignation, disqualification, and other similar causes if the unexpired term is two (2) years or more (Section 3(b)).
If the remaining term is less than two (2) years, the Board appoints the successor by a majority vote through a resolution from among nominees submitted by the District Electrification Committee or Member-Consumers Electrification Committee, subject to confirmation of the National Electrification Administration (Section 3(b)).
The Board must pass the resolution calling a Special Election not later than five (5) days after the vacancy occurs, and the election must be held in not less than twenty-five (25) days nor more than thirty-five (35) days after the vacancy; the same masterlist of voters used in the immediately preceding regular election is used (Section 3(c)).
When serious causes make a free, honest, and orderly election impossible—such as violence, terrorism, loss or destruction of election paraphernalia or records, and force majeure—the DECOM shall postpone the election (Section 4).
Postponement requires affirmation of the NEA representative, if any, supervising the actual conduct of the election; postponement cannot exceed twenty (20) days, after which the Board, with affirmation of NEA, resets the election (Section 4).
If election is postponed, the conduct of elections covers the prescriptive period in posting/sending notices and filing additional Certificates of Candidacy as provided in Sections 6 and 10, and the same members supervise unless withdrawn (Section 4).
If members withdraw, alternates take their place; otherwise NEA shall appoint new members of the DECOM; the same masterlist is used (Section 4).
If the Board fails or refuses to call and hold the election as required by by-laws or Section 3, NEA, exercising supervision and control, may call and conduct the election for and in behalf of the cooperative (Section 5).
If total registered voters fail to meet the quorum requirement in the by-laws, it is deemed failure of election and another election must be held; in a case of a lone candidate, the quorum requirements may be waived (Section 5).
Written notice of the purpose, place, date, time, and the deadline for filing Certificate of Candidacy must be posted in strategic places in the voting district not less than twenty (20) days before election day (Section 6).
The same notice must be delivered personally or by mail to each member of the concerned DECOM; print and/or broadcast media may be used if necessary (Section 6).

Candidate Eligibility and Certificate Filing

A bonafide member may become and/or remain as a Board of Directors member if all qualifications are met (Section 7).
A candidate must be a Filipino citizen (Section 7(1)).
The candidate must be a bonafide member and qualified voter of the cooperative in the district sought at least 90 days before election (Section 7(2)).
The candidate must be at least 21 years of age on election day (Section 7(3)).
The candidate must be a resident of the district sought for at least one (1) year immediately preceding the election (Section 7(4)).
The candidate must be a consumer in the district at least 60 days before the deadline set for filing the Certificate of Candidacy (Section 7(5)).
The candidate must be a member of good standing, meaning the member:
- has no unsettled or outstanding obligations to the cooperative at the time of filing, including accountabilities of commercial or industrial connections owned or co-owned by the member (Section 7(6)(a));
- has not been apprehended of electric pilferage by the co-op (Section 7(6)(b));
- has not been removed for cause as director or employee from the electric cooperative (Section 7(6)(c)).
The candidate must not be employed by or financially interested in a competing enterprise or business selling electric energy or electrical hardware to the cooperative and/or doing business with the cooperative, including use or rental of poles (Section 7(7)).
The candidate and spouse must not hold an elective government office or be appointed to an elective position above the level of a Barangay Captain (Section 7(8)).
The candidate must not be convicted of a crime involving moral turpitude (Section 7(9)).
The candidate must not have been terminated for cause from government or private employment (Section 7(10)).
For government employees, the candidate must have a permit from the Department Secretary/Regional Director/Elective Local Official or duly authorized representative allowing the employee to run and/or sit as director at the time of filing, unless a law expressly provides otherwise (Section 7(11)).
If the spouse is disqualified under Nos. 6, 7 and 8, the other spouse is disqualified (Section 7(12)).
Any person related to any member of the incumbent Board, the General Manager, and employees within the fourth civil degree of consanguinity or affinity is disqualified to run as Board Director (Section 7(13)).
Any person who ran in local or national elections is disqualified from running for coop director within one (1) year from the date of those elections and is also disqualified for appointment to the post for the same period (Section 7(14)).
Any bonafide member seeking election or re-election and any incumbent director must satisfy all qualifications; non-compliance with any single item results in disqualification or termination (Section 7(15)).
Section 8 prohibits representatives of juridical persons from being eligible candidates for Board Member.
No qualified member shall be elected to the Board unless the member files a sworn Certificate of Candidacy (Section 9).
Interested members must secure the Certificate of Candidacy form from the Member Services Department official form, accomplish it, and file it with required documents at the cooperative office during office hours not later than ten (10) days before the election through the Member Services or Institutional Services Department Manager (Section 10).

Screening, Candidate Lists, and Withdrawal Rules

Prospective applicants must secure a Certificate of Candidacy form from authorized MSD personnel, acknowledge receipt, and submit a duly sworn Certificate of Candidacy with attachments in three (3) copies (Section 11(1)).
MSD personnel must acknowledge receipt in a control book, indicating attachments, date, and time of receipt (Section 11(1)).
The Screening Committee determines qualification/disqualification based on membership record approval date, consumer record status, outstanding accountabilities/delinquency (with amounts and dates), disconnection/apprehension (with date and cause), residency, criminal and administrative case records (if any), and other guideline requirements (Section 11(2)(a)).
Not less than seven (7) days before the election, the Screening Committee must prepare certified candidates and officially inform all applicants of the results (Section 11(2)(b)).
Protests arising from disqualification must be filed with the Screening Committee not less than 5 days before election; the SC decides within 48 hours from receipt; the decision is final (Section 11(2)(c)).
Failure to file a protest within the period results in waiver of the right to protest (Section 11(2)(c)).
The Screening Committee must post the list of qualified candidates in at least five (5) conspicuous places in the district three (3) days before the election (Section 11(3)).
No Certificate of Candidacy filed is withdrawn or cancelled unless the candidate files with the Screening Committee a sworn statement of withdrawal or cancellation at least one (1) day before the election (Section 12).

Prohibited Candidate Acts and Enforcement

Paying for membership fees of would-be members of the cooperative is prohibited (Section 14(1)).
Buying votes is prohibited (Section 14(2)).
Entering within the 30 meters perimeter of the voting center before and/or after casting the vote is prohibited; candidates may enter the perimeter only to cast votes (Section 14(3)).
Using goons and other elements to harass voters is prohibited (Section 14(4)).
Any act specified in Section 14 is sufficient ground for a candidate’s disqualification (Section 14).

Watchers, Precinct Control, and Voters

Each official candidate is entitled to one (1) watcher in every precinct (Section 15).
No person may be appointed watcher unless the person is a bonafide member of good reputation of the cooperative and is not related to the Chairman or any member of the PECOM within the fourth civil degree of consanguinity or affinity in the precinct where the watcher acts (Section 15).
Official watchers must be appointed in writing by the candidate and acknowledged by the DECOM (Section 15).
Upon entering the voting center, watchers must present and deliver the appointment to the Chairman of the PECOM (Section 16).
Watchers may stay in the reserved space, witness proceedings, take note of results after completion, and together with PECOM certify election results (Section 16).
Only members whose membership applications are approved by the Board not later than ninety (90) days before the first district election scheduled for a particular year are included in the masterlist of voters and may vote (Section 17).
The Member Services or Institutional Services Department must prepare the masterlist in not less than twenty-five (25) days before election, with at least ten (10) copies per voting district (Section 18).
The masterlist must list qualified voters alphabetically and classify them according to districts, municipalities, and barangays (Section 18).
The masterlist must be verified by the ISD Manager, validated by the Internal Auditor, and certified by the Board Secretary or authorized representative (Section 18).
To ensure correctness, at least five (5) copies must be posted for verification by member-consumers during an inclusion/exclusion period (Section 18).
Any disagreement to the masterlist must be filed in writing with Member Services or Institutional Services for evaluation based on submitted documents (Section 18).
The verification period must be not more than twenty (20) nor less than ten (10) days before the elections (Section 18).
The final masterlist must be posted not less than five (5) days before elections (Section 18).
The masterlist copies must be distributed: one copy for the voting district, one copy apportioned to precincts, and one copy retained by the cooperative (Section 18).
A candidate may be given a copy of the masterlist only upon payment of reproduction cost not less than P1.00 per page (Section 18).
A member inadvertently excluded but who fails to avail of the inclusion/exclusion period is not allowed to vote, and such failure constitutes waiver of the right to vote (Section 19).
Members whose names appear in the masterlist must register with PECOM on election day; only those duly registered may vote (Section 20).

Voting Centers, Committees, Ballots, and Voting Rules

Voting centers must be established within the district where election is scheduled; if the district has two (2) or more municipalities, at least one (1) voting center must be established in each municipality in a public school building or other public buildings within the poblacion, as practicable (Section 21).
DECOM may authorize additional voting centers when voter increase warrants, specifying barangays/areas covered, based on accessibility and convenience to ensure widest participation (Section 22).
Member Services, in consultation with DECOM, establishes precincts for each voting center depending on number of voters, where voters register and vote according to residence areas (Section 23).
Each precinct must have a ballot box on election day under custody and disposal of DECOM and PECOM (Section 24).
At the start of counting in each precinct, tally boards must be placed in plain view of committee, watchers, and public, listing candidates and recording votes (Section 25).
The cooperative must prepare and furnish DECOM ballot boxes, forms, and all materials required for the electoral process (Section 26).
DECOM Appointment and Composition: The NEA–Institutional Development Department (IDD) must immediately appoint DECOM from among nominees of the concerned cooperative, with composition of Chairman, Secretary, and a third member, not later than twenty (20) days before the election; alternates are designated (Section 27).
There is one (1) DECOM per voting district (Section 27).
If there are multiple voting centers, each additional voting center is supervised by a sub-District Election Committee composed of the Chairmen of PECOM of that voting center; they choose the overall Chairman (Section 27).
A related controversy raised before a sub-DECOM must be received, recorded in minutes of voting, and the action taken must be recorded, without unnecessarily disrupting election conduct (Section 27).
The Sub-DECOM Chairman becomes an honorary member of the supreme DECOM (Section 27).
DECOM Powers include supervising and controlling other committees except the Screening Committee; implementing election guidelines; appointing PECOM members; determining number and locations of voting centers and precincts in consultation with Member Services; determining the venue for final canvassing and consolidation; deciding post-election matters including protest, queries, referrals, postponements, and qualification issues; acting as Board of Canvassers; and proclaiming winners immediately after canvassing (Section 28).
DECOM decisions are made by majority or en banc (Section 28).
PECOM Composition and Duties: Each precinct has a PECOM of Chairman, Poll Clerk and/or third member, appointed under DECOM powers; PECOM conducts registration, voting, and counting; acts as deputies of DECOM; and performs other functions assigned by DECOM (Section 29).
If only one voting precinct is necessary, DECOM acts and discharges PECOM duties (Section 29).
Election committee eligibility: No person may be appointed chairman or member unless a bonafide member of good standing and at least 21 years of age; cooperative employees may be appointed members of PECOM but not as Chairman (Section 30).
Election committee disqualifications: Any person related to a member of the incumbent board or to a candidate, the candidate’s spouse within the third civil degree, business partners or associates, and members of the incumbent Board are disqualified to serve as chairman or member of any election committee (Section 31).
Compensation: Chairmen and members receive per diems depending on cooperative financial capability, subject to approval of the cooperative board and/or Project Supervisor (Section 32).
Term of duty: Election committee duty expires after the election; if there are election protests, duty expires upon resolution of all protests (Section 33).
Official Ballot form: The official ballot is uniform in size and color; printed at cooperative expense under supervision of the Member Services Department Manager; is a strip with detachable stub bearing consecutive serial numbers; displays cooperative name and the word “Official Ballot”; contains the office to be voted for; and provides space for voter to write the candidate’s name (Section 34).
Voting hours: Voting runs from 8:00 A.M. to 3:00 P.M.; if voters are present within the 30 meters radius from the precinct at closing time and have not yet registered/cast votes, voting continues only to allow them to register and vote (Section 35).
Pre-voting preliminaries: PECOM convenes at the precinct designated by DECOM and is furnished with certified voters list, ballot boxes, and forms/materials (Section 36(a)); ballot boxes are opened, emptied, exhibited as empty, then locked (Section 36(b)); boxes remain locked until voting ends and counting begins (Section 36(c)); the Chairman may open the box only in presence of committee members and watchers to make room for more ballots, and then close and lock it again (Section 36(c)).
Order of voting: Registered voter identified per voting rules is given an official ballot; proxy voting is not allowed (Section 37).
Persons inside precinct: Only election committee members, watchers, NEA representative/s, and voters casting votes may be inside; number must be limited to prevent crowding; watchers must stay in reserved space and are prohibited from entering places reserved for voters or the committee or talking/mingling with voters within the precinct (Section 38).
Filling ballots: Voters fill ballots by writing the candidate’s name in the proper space; voters are prohibited from comparing entries, speaking to anyone while filling, and exhibiting ballot contents (Section 39).
Assistance: A qualified voter unable to fill personally may be assisted by any election committee member or NEA representative (Section 40).
Spoiled ballot: If a voter accidentally spoils/defaces a ballot such that it cannot be used, the voter surrenders it folded to the Chairman for notation in the voting record as spoiled and receives another ballot after recording its serial number (Section 41).
Thumbmark and stub procedure: After marking, the voter folds the ballot, affixes thumbmark on the ballot stub, delivers to Chairman in presence of committee and watchers; Chairman verifies serial number from voting records without unfolding or reading content; Chairman detaches stub in presence of committee and watchers; voter deposits the folded ballot in the valid vote compartment and the stub in the stub compartment, then departs (Section 42).
Challenge: A watcher may challenge a person using another’s name to register and vote; challenger and voter must submit evidence; PECOM en banc decides based on evidence; identity challenges must be filed and recorded in minutes before the challenged voter is allowed to vote (Section 43).

Minutes, Counting, Canvassing, and Proclamation

PECOM must prepare and sign a statement in four (4) copies containing voting times, ballots received, used and unused, number of voters who voted, number of challenged voters, watcher names, counting times, ballots in valid compartment, excess ballots versus voters register, valid ballots retrieved from stub compartment, ballots read and counted, and record of protests and action taken by sub-DECOM and/or district election committee (Section 44).
Counting is public and without interruption; PECOM publicly counts votes immediately after voting finishes and does not adjourn or postpone counting until fully completed (Section 45).
Tie vote resolution: DECOM must resolve ties within five (5) days in presence of tied candidates, preferably through a term-sharing scheme requiring candidate consent; if candidates do not agree, DECOM breaks the tie immediately by coin toss or drawing of lots; the favored candidate is proclaimed elected and assumes office in the same manner as plurality election; DECOM’s choice of means and decision is final and not subject to appeal (Section 45).
Counting mechanics: PECOM groups ballots into piles of one hundred (100) each held with rubber bands; Chairman reads candidate names one by one so watchers clearly verify; poll clerk and third members record each vote on election returns and tally board; totals are summed; counted ballots are sealed in an envelope closed, sealed, and signed (Section 46).
Ballot appreciation rules: Votes follow the specific rules in Section 47, including validity rules for partial names/surnames, sound-alike names, absence of name in the proper space favoring the candidate, erasure with another clearly written name favoring the latter, prefix/suffix use validity, Arabic script validity, nickname/appellation rules tied to candidate’s Certificate of Candidacy and uniqueness, validity of any-pen-ink writing, and specific treatment of votes for non-candidates, illegible/insufficiently identifying votes, disqualified candidates, multiple-candidate marks when only one election is authorized, and tearing/perforation/detachable coupon failure not annulling the ballot (Section 47).
Election returns: PECOM prepares election returns simultaneously with counting, in three (3) copies and in prescribed form, and the returns must be certified by the committee (Section 48).
Distribution of election records: Election returns, minutes, watcher appointments, and other relevant documents are placed in two (2) separate envelopes, sealed and signed by PECOM and distributed as:
- original copies with used ballots placed in ballot boxes sealed and signed by PECOM for submission to DECOM for final canvassing (Section 49(a));
- duplicate copies submitted to the cooperative through the Member Services Department Manager (Section 49(b)).
Final canvass and proclamation: DECOM meets on election day at a district place not later than 5:00 P.M. to canvass returns; DECOM posts summarized precinct returns in a conspicuous place upon receipt; DECOM prepares a complete certified summary of votes received by each candidate with the highest votes as elected, protest notwithstanding (Section 50).

Election Protests: Filing, Fee, Decision, Appeal

DECOM has jurisdiction over all post-election protests relating to election of Board of Directors members (Section 51).
Post-election protests covering irregularities in election conduct must be filed within three (3) days after the proclamation of results (Section 51).
Protestants must pay a filing fee in cash to the cooperative of P50,000 but not more than P100,000 to defray protest resolution expenses, which include honoraria of DECOM/PECOM/Screening Committee members, attorney’s fees, office supplies, postage and mailing, and other incidental expenses during hearing and investigations (Section 51).
DECOM decides post-election protests within fifteen (15) days from date of receipt after notice and hearing, by majority or en banc (Section 52).
The DECOM decision may be appealed to the Committee on Electoral Protest headed by the Deputy Administrator for Electric Distribution Utilities Services (EDUS), with members being the Director for Institutional Development and the Director for Legal Services (Section 52).
The Committee on Electoral Protest may conduct investigation, receive evidence, and summon parties and witnesses (Section 52).
The appellant must pay to NEA a filing fee of P100,000 to cover administrative costs and expenses (Section 52).
The President of PHILRECA, or duly authorized representative, and the President of NAGMEC, or duly