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This page features the full text of
Batas Pambansa Bilang 222
"Barangay
Election Act of 1982"
AN
ACT PROVIDING FOR THE ELECTION OF BARANGAY OFFICIALS, AND FOR OTHER
PURPOSES.
chan
robles
virtual law library
BATAS
PAMBANSA BILANG 222AN
ACT PROVIDING FOR THE ELECTION OF BARANGAY OFFICIALS, AND FOR OTHER
PURPOSES.chan
robles
virtual law library
chan
robles virtual law libraryI.
GENERAL
PROVISIONSchanrobles virtual law librarySection
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. chanrobles virtual law library
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. chanrobles virtual law library
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
election.chanrobles virtual law library
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 Section 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.chanrobles virtual law library
chanrobles virtual law library
II.
ELECTION
OF BARANGAY OFFICIALSchanrobles virtual law library
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
herein
provided.
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 law.
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
pardoned.
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.chanrobles virtual law library
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. chanrobles virtual law library
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 concerned.
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 candidacy.
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. chanrobles virtual law library
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. chanrobles virtual law library
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 thereafter.
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 election. chanrobles virtual law library
(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.chanrobles virtual law library
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
barangay election. chanrobles virtual law library
(2) In
case of need, the Commission on Elections may order a registration of
voters
in the voting centers for not more than two days.
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. chanrobles virtual law library
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
Elections.chanrobles virtual law library
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
center.
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. chanrobles virtual law library
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). chanrobles virtual law library
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. chanrobles virtual law library
chanrobles virtual law library
III.
CANVASSING
OF RESULTSchanrobles virtual law library
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 Members.chanrobles virtual law library
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 Tellers.
(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 of Canvassers.
chanrobles virtual law library
IV.
CAMPAIGN
AND PROPAGANDAchanrobles virtual law library
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.chanrobles virtual law library
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. chanrobles virtual law library
The
barangay shall immediately report to the Commission on Elections any
important
matter decided by it for appropriate action by the latter.
The
Barangay Assembly may be convened to as many meetings as
necessary. chanrobles virtual law library
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
canvass.
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.chanrobles virtual law library
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 Section 178 of the
1978
Election Code and shall be prosecuted and penalized in accordance with
the provisions of said Code. chanrobles virtual law library
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. chanrobles virtual law library
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 Act.
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 paraphernalia.chanrobles virtual law library
Sec.
25. Effectivity. — This
Act shall take effect upon its approval. chanrobles virtual law library
Approved:
March 25, 1982
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