2023 BSKE TOT 1 Part 1

Download as pdf or txt
Download as pdf or txt
You are on page 1of 62

Statistical Data

(VULNERABLE SECTORS)
Emergency Accessible Polling Place 2,283
(EAPP)
Persons With Disabilities (PWDs) 458,284
Senior Citizens (SCs) 11,371,198
Indigenous People (Ips) 817,084
Persons Deprived of Liberty (PDL) 65,098
E-DAY
Filing of certificate of candidacy
Certificates of Candidacy
Certificates of Candidacy
ADVISORY TO CANDIDATES

PROCESS FLOW
OF THE FILING
OF COC
ISSUES ON THE FILING OF COC

DOCUMENTARY
STAMP TAX

CORRECTION OF
ENTRIES IN THE OC
RESOLUTION NO 10924
General Guidelines and Other Related
Rules and Regulations for the October 30, 2023
Barangay and Sangguniang Kabataan Elections (BSKE)
and all succeeding BSKEs thereafter.
Article VI
Constitution, Composition,
and Appointment of
Electoral Boards, DESO, and
Support Staff
Composition, Powers, and Functions of
Electoral Boards
(Sec.122 and 136)

Chairperson Poll Clerk

Third
Member
Qualification of Members of the Electoral Board
(Sec.124)

➢A registered voter in the city or municipality;

➢Of good moral character, known integrity and


competence;

➢Has never been convicted of any election offense or


of any crime punishable by more than six (6) months
of imprisonment, or has no pending information for
any election offense; and

➢Able to speak and write Filipino, English, or the


local dialect.
Voting Privilege and Prohibition on Political Activity of
EB Members
Can vote
(Sec. 137)in Assigned Polling Can vote in Registered Polling
Place if:
✓They are registered where
Place if:
they are assigned. ✓Voting in their place of assignment is light.
✓They shall add their names ✓ Their absence shall not be for more than thirty (30)
minutes.
and precinct numbers and the
place where they are actually ✓ The members of the EB shall schedule the voting
so that only one (1) member shall leave at any
registered in the EDCVL. This given time.
will be noted in the Minutes. ✓ They must be given priority in voting.
✓ Exercising their voting privilege will be noted in
Minutes.
NOTE:
No member of the EB shall engage in any partisan political activity or take part in the election except to vote and discharge his/her duties as such.
Honoraria, Allowances , Services Credits, and
Other Benefits
➢ Chairperson – Php 10,000
(Secs.148, 151)
➢ EB Member – Php 9,000

➢ DESO – Php 9,000

➢ Support Staff – Php 5,500

➢ Service Credit – Minimum of five (5) says service credit

➢ Death Benefits – Php500,000 for those who died due to election-


related risk.

➢ Medical Assistance – Amount not exceeding Php200,000 to those


who suffered election-related injury or illness.
Legal Indemnification and Legal Assistance
(Sec. 152-153, 155-159)

➢ Services of a government or a private lawyer is authorized for


those who have rendered election-related service.

➢ Php50,000 as legal indemnification package shall be made


available to each claimant.

➢ For government lawyer – no claims for lawyer’s fees shall be


awarded.

➢ For private lawyer – The Commission, upon recommendation of


CCA, shall bear the reasonable lawyer’s fees.

➢ In the event that private lawyers accept the case “pro bono”, no
claims for lawyer’s fees shall be awarded.

➢ Legal costs – Filing fees, Mailing, Notarial fees, Gathering of and


photocopy of evidence.
Legal Indemnification and Legal Assistance
(Sec. 152-153, 155-159)
➢ Claimant may avail by filing a request for legal
protection with the CCA.

➢ If upon evaluation, CCA find request to be


meritorious, it shall recommend to the
Commission En Banc the deputization of law
enforcement. (for claimant and immediate family)

➢ Claimant shall be allowed reimbursement for


reasonable legal expenses incurred if found not
guilty of an election offense or exonerated from
civil or administrative case.
Disqualification, Notice of Disqualification, and
Posting of the List of the Constituted Member of the Electoral Boards
(Sec.125-127)

➢ No person shall be appointed as an EB if said person is


related within the fourth (4th) civil degree of consanguinity
to any member of the same EB in the polling place or
candidate.

➢ The chairperson or any EB member shall notify, in


writing, the EO concerned of the notice of disqualification.

➢ Constituted members of the EB will be posted for five (5)


days on bulletin boards in the OEO and in the city or
municipal hall a day after constitution of EB.
Appointment of Qualified Substitutes and Order of Preference
(Sec. 129, 130,131, 134, 142)

Order of Preference
➢ Incase of EB disqualification, EO will appoint
substitute public-school teachers.

➢ If designation of public-school teachers are no


longer feasible, other qualified substitutes may be
appointment. (Ex. a qualified non-partisan
registered voter)

➢ EO shall have power to administer oath,


free of charge.

➢ The members of the EB shall not be relieved unless


disqualified as provided in Article VI.
DepEd/MBHTE
(Sec. 144)

➢One (1) DESO and DESO Support Staff each for


every voting center.

➢Need not be registered voters of the city or


municipality.
DepEd/MBHTE
(Sec. 144)
DESO EAPP Support Staff and Reportorial Requirement
(Sec. 145)

➢ EO shall appoint EAPP support staff in


every voting center.

➢ EAPP support staff shall enjoy same


emolument as other support staff.

➢ EO must submit the list containing names


of appointed EB members, DESO and
their support staff, and their designations
to the OPES within three (3) days from
constitution.
Deputation of Members of the PNP
(Sec. 147)
PNP may be deputized for the following instances:
➢ Areas classified under red category or declared under COMELEC control, the
Regional Election Director Shall:
- Coordinate with PNP Regional Director on the briefing of PNP personnel
as EB members.
- Determine the exact number of PNP personnel needed, where to source them out,
venue and other relevant
matters.
- Provide the lecturer and briefing materials.
- Prepare the contingency deployment plan for the utilization of PNP personnel as
EB members.
- Submit report to the Commissioner – in charge (CIC) through the PMO 2023 BSKE.
➢ In areas with requests for utilization of PNP personnel:
- EO Shall forward any request to the PJSCC through the PES for evaluation.
- PJSCC shall submit its recommendation to the RJSCC.
- RJSCC shall submit the same to the Committee on the
Deputation of Members of the PNP
(Sec. 147)

PNP may be deputized for the following


➢ instances
In areas with no qualified, willing and available public-school
: teachers to
render election-related service and hierarchy in “Election Service Reform Act”
(ERSA):
- EO shall submit a report to the PJSCC with attached certification that there
are no other qualified, willing and available persons to render election service.
- PJSCC shall forward the report to the RJSCC.
- RJSCC shall transmit the same to the CBFSC for approval/disapproval, copy
furnished the PMO BSKE.
-Upon approval, the RED shall follow the protocol provided.
➢ In the event that the EBs failed to report during the deployment of forms and
supplies in the early morning of Election Day:
- EO shall report to RJSCC through the RED, copy furnished the PJSCC.
- The RJSCC shall authorize the deployment of PNP who were trained as
standby EBs.
Article XVII
General Instructions on
Voting, Counting of Votes,
and Canvassing
Chapter I:
Watchers
Chapter I: Watchers
(Sec. 412)

➢ One (1) watcher in every polling place or canvassing center.

➢ Duly accredited citizens’ arms of the Commission shall be


entitled to appoint a watcher in every polling place or
canvassing center.

➢ Preference for watchers of citizens’ arms and Punong


Barangay/SK Chairperson candidates.

➢ Citizens’ arms already accredited during the May 09, 2022


NLE need no longer apply for October 30, 2023 BSKE.
Chapter I: Qualifications of Watchers
(Sec. 413)

No person shall be appointed as watcher, unless person is:

✓Registered voter
✓Is of good reputation
✓Has not been convicted by final judgement of any election offense or of any other crime
✓Knows how to read and write Filipino, English, or any of the prevailing local dialect
✓Is not related within the fourth (4th) civil degree of consanguinity or affinity to the Chairperson or any EB
members in the polling place where the watcher seeks appointment

NOTE:
Incumbent Barangay Officials including Barangay Tanods shall not be appointed as watchers of any candidate or citizens’ arms.
Chapter I: Rights and Duties of Watchers
(Sec. 414)

NOTE:
Watchers shall not speak to any EB member, or to any voter, or among themselves, in such a manner as would disturb the EB proceedings.
Chapter II:
Forms,
Documents, and
Supplies
Chapter II: Forms, Documents, and Supplies
(Sec. 415)
Chapter II: Forms, Documents, and Supplies
(Sec. 415)
Chapter II – Minutes of Voting and Counting
(Sec. 417)

➢EB shall accomplish in two (2) copies, the


Minutes. (CEF No. 11)

➢Copies shall be signed and sealed in separate


envelopes (CEF Nos. 18 and 18A) for distribution
as follows:
- Copy for the Commission: Delivered to EO.
- Copy for Ballot Box: Deposited inside
the ballot box compartment
for valid ballots.
Chapter II – Verification of Forms
(Sec. 418)

Before Election Day: On Election Day:

➢ Treasurer shall notify the EBs that forms, ➢ Duly designated member of EB shall obtain
documents, and supplies have been forms, documents, supplies from the Office
delivered to the City/Municipal Treasurer’s of the City Municipal Treasurer early in the
Office and are ready for verification for morning
completeness.
➢ When authorized by the Commission,
➢ Duly designated member of EB shall verify may obtain earlier through the RED (NCR,
forms, documents, and supplies assigned Davao City, Zamboanga City) or PES in the
to their polling place. rest of the provinces.
Chapter II – Request for Early Delivery
(Sec. 419)

➢ Approval of request by RED (NCR, Davao City, and


Zamboanga City) or PES shall be governed by the following
guidelines
- Considerable distance between Office of
Municipal Treasurer and polling place.
- Lack or difficulty of transportation.
- If not all EB members may be able to receive forms.
- Peace and order are jeopardized.
(forms and EB Members)

➢ PES shall make report to RED on approved requests for early


delivery within 24 hours from approval. Copy will be sent to
ODEDO thru email. (specify clustered precincts, date and time
of release, location, and reason for early release)

➢ RED of NCR, Region IX, and XI shall submit report


to ODEDO within 24 hours through email.
Chapter III:
Casting of
Votes
Chapter III – Casting of Votes
(Sec. 420-423)

➢ DATE: October 30, 2023

➢ PLACE: Designated Polling Places

➢ VOTING HOURS: 7:00 AM to 3:00 PM


- If at 3:00 PM there are still voters
within 30 meters in front of polling place
yet to cast their votes, voting shall continue.

➢ WHO ARE ALLOWED TO VOTE:


- Registered voters of the precinct.
(names appear in EDCVL)
- Voters presenting final order of the court
certified by the clerk of court and verified EO.
- EB members (voting privileges)
Chapter III – Voters’ Assistance Desk
(Sec. 424)

➢ Manned by Accredited Citizen’s Arm or such entities


determined by the Commission, under control of the
DESO.

➢ Shall assist voters in ascertaining precinct number,


sequence number, and direction of polling place.

➢ If no available Accredited Citizen’s Arm, EO may enter


MOA with non-partisan NGO, CSO, and other
organizations. Registered voters of known probity and
integrity residing with barangay may be designated to man
the VAD.
Chapter III – Preliminaries to the Voting
(Sec. 425)

EB shall meet at the polling place and perform the following:

➢ Meet at 6:00 AM.


➢ Secure forms etc.
➢ Post one (1) copy of PCVL for Barangay voters and SKE voters outside the polling
place.
➢ Display poster indicating precinct number and location of the polling place near or
at the door of the polling place.
➢ Set-up or arrange polling place in accordance with the recommended lay-out of
polling place.
➢ Staple or paste the Certified Lists of Candidates for the Barangay and SK
positions in the ballot secrecy folders or desks/chairs/tables.
➢ Place the ballot secrecy folders on top of the desks/chairs/tables.
Chapter III – Preliminaries to the Voting
(Sec. 425)

Before start of voting, EB Chairperson shall:

➢ Open ballot box, empty both compartments, and show to the public that they are
empty. EB Chairperson shall lock its interior cover with one (1) padlock. The Poll
Clerk shall retain the key to the padlock during the voting.

➢ Show to the public and to watchers’ present, the package of official ballots. Enter
number of pads, serial numbers, and the fact that the ballots was shown to public
in the Minutes.
Chapter III – Person Allowed and Not Allowed in the
Polling Place
(Sec. 428 , 430)
Persons Allowed Persons Not Allowed (Except to Vote)

✓EB members, watchers, voters (waiting and Any officer or member of the AFP or
casting votes), others authorized by the PNP, unless appointed as EB
Commission. members.

Any peace officer or armed or


NOTE: unarmed person belonging to any
• EB may order, in writing, the detail of a police officer of extra-legal police agency.
peace officer for protection of election forms and
themselves
• If there is an actual disturbance of peace and order, Incumbent Barangay and SK official,
PNP and AFP officials may enter the polling place whether elected or appointed.
even without the written order of the EB members
• Order of voting: Voters shall fall in line in order of
arrival
Chapter III – Rules To Be Observed During the Voting
(Sec. 426, 431)
Chapter III – Holding Area and Accessible Polling
Place
(Sec. 429 and 434)
➢ Holding Area: To be used by
voters waiting for their turn. Voters
will arrange themselves in
sequence of arrival.

➢ APP: Room in the ground floor for


easy access of voting PWDs, SCs,
and heavily pregnant women.
Ballot Cover
Official Ballots
Official AES Ballots
Number of Official Ballots
Chapter III – Manner of Obtaining Ballots
(Sec. 433-434)

Proceed to VAD to The voter shall, using a ballot secrecy


secure precinct and folder, fill up the ballot/s by writing in
sequence number and the corresponding spaces, the names
assigned clustered of the individual candidates voted for
precinct. as appearing in the Certified List of
Candidates

THE VOTER In the absence of VAD voters shall


follow the usual procedure of finding
their precinct number and polling
place in the posted PCVL then
proceed to assigned clustered
precinct.
Chapter III – Manner of Obtaining Ballots
(Sec. 433)

Find out if the name of If the identity is established, check the If fingernail is not stained, establish the identity
the voter is in the fingernails for any indelible ink stain. If of the voter through voter’s photograph or
EDCVL and establish stained, it shall be an indication that voter specimen signature in the EDCVL. In the
his/her identity. absence of these, any member of the EB or
has already cast his/her vote. Voter will
any registered voter may identify the voter
be directed to leave the polling place. under oath.

If satisfied with voter’s


THE POLL CLERK identity, the name of
the voter shall be
If the voter is not challenged distinctly announced
or having been challenged, in a tone loud enough
the question was decided in to be heard through
Voter shall then be his favor, refer to the the polling place. If
directed to Chairperson. chairman. not, voter shall be
directed to leave the
polling place.

THE CHAIRPERSON
Chapter III – Manner of Obtaining Ballots
(Sec. 433)

Announce the name,


precinct number, and Ask the voter to
serial number of affix signature in
Barangay ballot EDCVL.
and/or SK ballot.
Authenticate ballot by affixing
signature at the back thereof,
fold, and give to the voter.

In case any voter under the 18-30 years


old category, refuses to accept any of the
two (2) ballots (SK and Barangay),
distinctly announce the fact of refusal. Affix his/her
signature in the
EDCVL.

THE CHAIRPERSON
List of Authentic IDs
✓ Employee’s identification card (ID) with
signature of the employer or authorized
representative
✓ Postal ID ✓ Integrated Bar of the Philippines (IBP) ID
✓ PWD ID ✓ License issued by the Professional Regulatory
✓ Student’s ID or library card signed Commission (PRC)
by the school authority ✓ Certificate of Confirmation issued by the
✓ Senior Citizen’s ID National Commission on Indigenous Peoples
✓ Driver’s license (NCIP) in case of members of ICCs or Ips
✓ NBI clearance ✓ Any other government-issued ID
✓ Passport ✓ Barangay Identification/Certification with photo
✓ SSS/GSIS ID and signature of the voter and the Barangay
✓ UMID ID Chairman or his/her authorized signatory
✓ National ID (Philsys)
✓ Pag-Ibig ID
Chapter III –Accomplishing Ballots and Express Lane for PWD,
SC, Heavily Pregnant Women etc.
(Sec. 435 and 437)
For Illiterate, PWD, or SC who cannot be by themselves to vote may
seek assistance from:

✓ A relative within the 4th civil degree of consanguinity or affinity


✓ A person of his/her confidence who belongs to the same
household as that of the voter
✓ Any EB Member

All assistors must be of voting age. The assistor shall, in the presence
of the illiterate, PWD, or SC prepare the ballot/s using a ballot
secrecy folder

NOTE:
No person, except the EB members, may assist an illiterate, PWD or SC more than three (3) times.
A signage should be in place to indicate location of express lane.
Chapter III – Prohibition on Voting
(Sec. 427)

Bring the ballot and/or the ballot secrecy folder outside the polling place, except for voting
involving PWDs, SCs, heavily pregnant women voters and voters in the IPP.

Speak with anyone while inside the polling place.

Prepare the ballot without using a ballot secrecy folder or exhibit its contents to any person, except
assisted voting.

Erase any printing from the ballot or place any distinguishing mark.

Use carbon paper, paraffin paper or other means of making a copy of the contents of the ballot, or
schemes to identify the vote, including digital cameras, cellular phones or similar gadgets.

Intentionally tear or deface the ballot.

Disrupt or attempt to disrupt the proceedings of the EB.


Chapter III – Procedures After Voting
(Sec. 439)
➢ After voter has filled up ballots, fold it in the same manner as it was received.

➢ The voter shall then proceed to Poll Clerk who shall verify the SN/s against the number/s previously entered in the
EDCVL to determine whether it is the same ballot given to voter:
-Voter shall affix thumbmark in ballot coupon if
number matches .
- Ballot will be considered “spoiled” if number
does not match.

➢ The Poll Clerk will apply indelible ink. (the cuticle of the right forefinger nail of the voter)
- If voter refuses, the voter shall be informed that it will render
the ballot spoiled, ballot will be marked and voter will be asked to leave.

➢ The Chairperson shall detach ballot coupon in the presence of the voter and deposit the folded ballot/s in the ballot box
compartment and the coupon in spoiled ballots compartment. Voter shall then leave the polling place.

NOTE:
Ballot/s returned to the Poll Clerk, the detachable coupon/s of which was not removed in the presence of the EB members
and the voter shall be considered spoiled.
Chapter III – Spoiled Ballots
(Sec. 438)

EB Chairperson shall write the word


If the ballot is accidentally “spoiled” beside the ballot SN
spoiled or defaced that it previously recorded in the EDCVL.
cannot be used, the voter Then, the voter will be issued a new
shall surrender it folded in ballot, recording the same in the If second ballot is spoiled or
the same way when it was available space in the EDCVLA defaced, no replacement will be
issued by the EB person of his/her confidence who given. No voter shall be allowed
Chairperson. belongs to the same household as to change spoiled/defaced ballot
that of the voter. more than once.
Chapter III –Disposition of Unused Ballots and Prohibition Against
Premature Announcement of Voting
(Sec. 443 and 444)
➢ The Chairperson shall count while the Poll Clerk shall
record in Part A of the Minutes the quantity of unused
ballots, if any, and their SNs. He shall then, in the
presence of other EB members and watchers, if any, tear
the unused ballots lengthwise in half without removing the
stubs.

➢ First half of ballots: Place in “Envelope for Other Half of


Torn Unused Ballots”

➢ Second half of ballots: Place in “Envelope for Excess/Half


of Torn Unused Ballots”

NOTE:
No EB members shall make any announcement as to whether a certain
registered voter has already voted, how many have voted, how many so far have
failed to vote, etc.
Chapter III – Challenge Against Illegal Voters
and Based on Certain Illegal Acts
(Sec. 440-442)
➢ Any voter or watcher may challenge any person offering to vote for:
- Not being registered;
- Using the name of another;
- Suffering from existing disqualification; and
- Being a double/multiple registrants
➢ No voter shall be required to present voter’s identification card or any
other valid ID unless the identity is in doubt or challenged.
➢ Inability to present authentic identification document upon being
challenged shall not preclude the voter from voting if identified under oath
by:
- Any EB member
- Another registered voter of the same barangay
- Any relative by consanguinity or
affinity within the 4th civil degree
NOTE:
A barangay and/or SK voter can only be identified by another voter of the same barangay

You might also like