I. GENERAL PROVISIONS
Section 1. Title and applicability. — This Act shall
be known and cited as the Barangay Election Act of 1982 and shall be
applicable to the election of barangay officials.
As used in this Act, the term "barangay" shall include all existing
barangays, and those which have been organized pursuant to existing
laws and operating with their own set of officers.
Sec. 2. Declaration of policy. — It shall be the
policy of the State to guarantee and promote the autonomy of the
barangays to ensure their fullest development seek as self-reliant
communities. This end, the State shall seek to ensure the freedom of
the residents to choose their officials in a free, orderly and honest
Sec. 3. Term of office. — The term of office of
the barangay officials elected under this Act shall be six years, which
shall commence on June 7, 1982 and shall continue until their
successors shall have been elected and shall have qualified.
Sec. 4. Conduct of election. — The barangay
election shall be non-partisan and shall be conducted in an expeditious
and inexpensive manner.
No person who files a certificate of candidacy shall represent or allow
himself to be represented as a candidate of any political party or any
other organization; and no political party, political group, political
committee, civic, religious, professional or other organization or
organized group of whether nature shall intervene in his nomination or
in the filing of his certificate of candidacy or give aid or support
directly or indirectly, material or otherwise, favorable to or against
his campaign for election: Provided, That this provision shall not
apply to the members of the family of a candidate within the fourth
civil degree of consanguinity or affinity nor to the personal campaign
staff of the candidate which shall not be more than one for every one
hundred registered voters in his barangay: Provided, further, That
without prejudice to any liability that may be incurred, no permit to
hold a public meeting shall be denied on the ground that the provisions
of this paragraph may or will be violated.
Nothing in this section, however, shall be construed as in any manner
affecting or constituting an impairment of the freedom of individuals
to support or oppose any candidate for any barangay office.
Sec. 5. Supervision by the Commission on
Elections. — Subject to the declaration of policy under Sec. 2, the
Commission on Elections shall have supervision over the election of
barangay officials and is hereby empowered to promulgate rules and
regulations necessary to implement this Act.
II. ELECTION OF BARANGAY OFFICIALS
Sec. 6. Election of barangay officials. — The
election of a Punong Barangay (Barangay Captain) and six Kagawad ng
Sangguniang Barangay (Barangay Councilmen) who shall constitute the
Presiding Officer and Members of the Sangguniang Barangay (Barangay
Council), respectively, shall be held on May 17, 1982, in the manner
Sec. 7. Qualifications of barangay officials. — No
person shall be eligible to be a barangay official unless he is a
citizen of the Philippines, a registered voter and actual resident of
the barangay for at least six months immediately preceding the
election, able to read and write and, on the date of the election, is
least twenty-one years of age, and who is not otherwise disqualified by
Sec. 8. Disqualifications. — Any person who is
insane or feebleminded or has been sentenced by final judgment for
subversion, insurrection, rebellion or for any offense for which he has
been sentenced to a penalty of more than eighteen months or for any
crime involving moral turpitude, shall be disqualified to be a
candidate and to hold any office in the barangay, unless he has been
Sec. 9. Certificate of candidacy. — No person
shall be elected Punong Barangay or Kagawad ng Sangguniang Barangay
unless he files a sworn certificate of candidacy in triplicate not
later than May 1, 1982, in a form to be prescribed by the Commission on
Elections. The candidate shall state the barangay office for which he
is a candidate.
The certificate of candidacy shall be filed with the Secretary of the
Sangguniang Barangay (Barangay Council) who shall have the ministerial
duty to receive said certificate of candidacy and to acknowledge
immediately receipt thereof.
In case the Secretary refuses to receive the same, or in case of his
absence or non-availability, a candidate may file his certificate of
candidacy with the Election Registrar of the City or municipality
The Secretary of the Sangguniang Barangay (Barangay Council) or the
Election Registrar, as the case may be, shall prepare a consolidated
list of all the candidates and shall post said list in the barangay
hall and in other conspicuous place in the barangay at least ten days
before the election.
Any elective or appointive municipal, city or provincial official or
employee, or those in the civil service or military, including those in
government-owned or controlled corporations, shall be considered
automatically resigned upon the filing of certificate of
Sec. 10. Campaign period. — The campaign period
shall start on May 1, 1982 and end on May 15, 1982. No election
campaign shall be allowed on the day of the election and on the day
before the election.
Sec. 11. Board of Election Tellers. — (1) The
Commission on Elections shall constitute not later than ten days before
the election a Board of Election Tellers in every barangay voting
center, to be composed of a public elementary school teacher as
Chairman, and two Members who are registered voters of the voting
centers concerned, but who are not incumbent barangay officials.
In case no public elementary school teachers are available, the
Commission on Elections shall designate any registered voter in the
voting center who is not an incumbent barangay official.
(2) The Board of Election Tellers shall secure from
the Election Registrar of the municipality/city the list of registered
voters prepared for the June 16, 1981 presidential election
corresponding to the voting centers located in the barangay concerned,
which shall be used in preparing the list of voters for the barangay
election. The list of voters shall include those who have registered
The final list of voters shall be posted in the voting centers at least
two days before election day. No voter shall be transferred without
written notice given to him at least two days before the date of
(3) The Board of Election Tellers shall supervise and
conduct the election in their respective voting centers, count the
votes and thereafter prepare a report in triplicate on a form
prescribed by the Commission on Elections. The original of this report
shall be delivered immediately to the Barangay Board of Canvassers. The
second copy shall be delivered to the Election Registrar and the third
copy shall be delivered to the Secretary of the Sangguniang Barangay
(Barangay Council), who shall keep the same on file.
Sec. 12. Barangay voters. — (1) Voters duly
registered as such for the June 16, 1981 presidential election and
those who have registered thereafter shall be eligible to vote in the
(2) In case of need, the Commission on Elections may
order a registration of voters in the voting centers for not more than
Sec. 13. Voting centers. — (1) The Chairman of the
Board of Election Tellers shall designated the public school or any
other public building within the barangay to be used as voting center
if there is only one voting center in the entire barangay.
(2) In barangays where there are two or more voting
centers, the Chairman of the Board of Canvassers shall designate the
public school or any other public building to be used as voting center
to ensure easy access by the voters to such voting centers.
In case there is no public school or other public building that can be
used as voting center, other appropriate private buildings may be
designated, provided that such buildings do not belong to or possessed
by any candidate or his relative within the fourth civil degree of
consanguinity or affinity.
Sec. 14. Official barangay ballots. — The official
barangay ballots shall be provided by the city or municipality
concerned of a size and color to be prescribed by the Commission on
Such official ballot shall, before it is handed to the voter at the
voting center, be authenticated in the presence of the voter, the other
Tellers, and the watchers present by the Chairman of the Board of
Election Tellers who shall affix his signature at the back thereof.
Sec. 15. Ballot boxes. — The Commission on
Elections shall provide the ballot boxes for each barangay voting
Sec. 16. Postponement or failure of election. —
When for any serious cause such as violence, terrorism, loss or
destruction of election paraphernalia or records, force majeure, and
other analogous causes of such nature that the holding of a free,
orderly and honest election should become impossible in any barangay,
the Commission on Elections, upon a verified petition, and after due
notice and hearing, shall postpone the election therein for such time
as it may deem necessary.
If, on account of force majeure, violence, terrorism, or other
analogous causes or fraud, the election in any barangay has not been
held on the date herein fixed or has been suspended before the hour
fixed by law for the closing of the voting therein and such failure or
suspension of election would affect the result of the election, the
Commission on Elections, on the basis of a verified petition and after
due notice and hearing, shall call for the holding or continuation of
the election on a date reasonably close to the date of the election not
held or suspended.
In such case, the Minister of Local Government shall designate the
persons who shall temporarily act as Punong Barangay (Barangay Captain)
and Members of the Sangguniang Barangay (Barangay Council).
When the conditions in these areas warrant, upon verification by the
Commission on Elections, or upon petition of at least thirty per centum
of the registered voters in the barangay concerned, it shall order the
holding of the barangay election.
III. CANVASSING OF RESULTS
Sec. 17. Barangay Board of Canvassers. — (1) The
Commission on Elections shall constitute at least seven days before the
election of a Board of Canvassers in each barangay, to be composed of
the senior public elementary school teacher in the barangay as
Chairman, and two other public elementary school teachers, as
In case the number of public elementary school teachers is inadequate,
the Commission on Elections shall designate the Chairman and Members of
the Barangay Board of Canvassers from among the Board of Election
(2) The Barangay Board of Canvassers shall meet
immediately in a building where a voting center is found and which is
most centrally located in the barangay and, after canvassing the
results from the various voting centers within the barangay, proclaim
the winners. The Board of Canvassers shall accomplish the Certificate
of Proclamation in triplicate on a form to be prescribed by the
Commission on Elections. The original of the certificate shall be sent
to the Election Registrar concerned, the second copy shall be delivered
to the Secretary of the Sangguniang Bayan or the Sangguniang
Panlungsod, as the case may be, and the third copy shall be kept on
file by the Secretary of the Sangguniang Barangay.
(3) In a barangay where there is only one voting
center, the Barangay Board of Tellers shall also be the Barangay Board
IV. CAMPAIGN AND PROPAGANDA
Sec. 18. Barangay assembly meeting. — The Punong
Barangay (Barangay Captain), if he is not a candidate, or any resident
of the barangay designated by the Commission on Elections, shall
convene the Barangay Assembly at least once not later than May 11, 1982
for the purpose of allowing the candidates to appear at a joint meeting
to explain to the barangay voters their respective program of
administration, their qualifications, and other information that may
help enlighten voters in casting their vote.
The members of the Barangay Assembly may take up and discuss other
matters relative to the election of barangay officials, subject to the
provisions of the revised Barangay Charter, as amended.
The barangay shall immediately report to the Commission on Elections
any important matter decided by it for appropriate action by the
The Barangay Assembly may be convened to as many meetings as necessary.
Sec. 19. Watchers. — Candidates may appoint two
watchers each, to serve alternately, in every voting center within the
barangay who shall be furnished with a signed copy of the results of
the election, in such form as the Commission on Election of the
Sec. 20. Inclusion and exclusion cases; and
protest. — Inclusion and exclusive cases which shall be decided not
later than two days before the date of the election shall be within the
exclusive original jurisdiction of the city or municipal or
metropolitan trial court.
A sworn petition contesting the election of any barangay official shall
be filed with the city or municipal ten days from the date of the
proclamation of the winners. The trial court shall decide the election
protest within fifteen days after the filing thereof. The decision of
the municipal or city or metropolitan trial court may be appealed
within ten days from receipt of a copy thereof to the Regional Trial
Court (CFI) which shall decide within thirty days from submission, and
whose decision shall be final.
Sec. 21. Applicability of 1978 Election Code. —
The provisions of the 1978 Election Code and the Revised Barangay
Charter not inconsistent herewith shall be applicable in a suppletory
character to the election of barangay officials.
Sec. 22. Penalties. — Violations of this Act shall
constitute prohibited acts under Sec. 178 of the 1978 Election Code
and shall be prosecuted and penalized in accordance with the provisions
of said Code.
Sec. 23. Separability Clause. — The provisions of
this Act are hereby declared to be separable and in the event one or
more of such provisions is or are held unconstitutional, such shall not
affect the validity of the other provisions.
Sec. 24. Appropriations. — The cost of the
election shall be funded out of the appropriations of the Commission on
Elections authorized for the purpose in Batas Pambansa Blg. 131. In
case of deficiency, the appropriations therein provided may be
augmented from the Special Activities Fund intended for special
priority activities authorized in the current General Appropriations
Local governments may appropriate funds to defray the expenses of the
Members of the Board of Election Tellers, Board of Canvassers, and the
printing of election forms and procurement of other election
Sec. 25. Effectivity. — This Act shall take effect
upon its approval.
Approved: March 25, 1982. (P.B.