The
barangay elections shall be nonpartisan and shall be conducted in an
expeditious
and inexpensive manner.
Sec.
2. When for any serious cause
such as rebellion, insurrection, violence, terrorism, loss or
destruction
of election paraphernalia, and any 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 motu proprio or upon sworn
petition of ten (10) registered voters of a barangay, after summary
proceedings
of the existence of such grounds, shall suspend or postpone the
election
therein to a date reasonably close to the date of the election that is
not held or is suspended or postponed, or which resulted in a failure
to
elect, but not later than thirty (30) days after the cessation of the
cause
for such suspension or postponement of the election or failure to
elect,
and in all cases not later than ninety (90) days from the date of the
original
election.
Sec.
3. The construction or maintenance
of provincial, city, municipal and barangay-funded roads and bridges
shall
be prohibited for a period of ten (10) days immediately preceding the
date
of election, the provisions of Section 261, paragraphs (v) and (w), of
the Omnibus
Election Code to the contrary notwithstanding.
Sec.
4. All incumbent barangay officials,
whether elected, appointed or designated, shall remain in office unless
sooner removed or suspended for cause and with due process by order of
the city or municipal mayor concerned until their successors shall have
been elected and qualified. Any barangay official who has been removed
from office from January 1, 1988 to the date of the approval of this
Act
may, within fifteen (15) days after the effectivity of this Act, file a
petition for review with the Office of the President which shall be
decided
within fifteen (15) days from receipt thereof: Provided, That upon
effectivity
of this Act, the power of removal or suspension for cause of barangay
officials
and filling up of vacancies in the various elective offices of the
barangay
shall be exercised by the city or municipal mayor concerned, subject to
appeal to the President: Provided, further, That pending appeal the
order
of removal or suspension shall not be executory.
Sec.
5. There shall be a sangguniang
barangay in every duly constituted barangay which shall be the
legislative
body and shall be composed of seven (7) kagawads to be elected by the
registered
voters of the barangay. The candidate who obtains the highest number of
votes shall be the punong barangay and in the event of a tie, there
shall
be a drawing of lots under the supervision of the Commission on
Elections.
The chairman of the kabataang barangay who shall hereafter be elected
in
accordance with law shall be an ex officio member of the sangguniang
barangay.
In the event of any vacancy in the office of the punong barangay,
whether
temporary or permanent, or in case of disqualification or refusal to
assume
office, an order of succession among the six (6) members of the
sangguniang
barangay based upon the number of votes received from the highest to
the
lowest shall be followed to fill up the vacancy. In default of any duly
elected member of the sangguniang barangay, the vacancy may be filled
up
by the city or municipal mayor concerned.
Sec.
6. The official ballots for the
barangay elections shall, before they are handed to the voters at the
polling
place, be authenticated by the chairman and the poll clerk who shall
affix
their signatures at the back thereof. Any ballot which is not
authenticated
shall be deemed spurious.
Sec.
7. No person shall be eligible
for any barangay position unless he files a sworn certificate of
candidacy
with the election registrar of the city or municipality concerned at
least
ten (10) days immediately before the day of the election. The form and
content of the certificate of candidacy shall be prescribed by the
Commission
on Elections. The campaign period shall be ten (10) days immediately
before
the election: Provided, That no campaign shall be allowed on Holy
Thursday
and Good Friday for the barangay elections in 1989.
Sec.
8. Incumbent elective officials
running for the same office shall not be considered resigned upon the
filing
of their certificates of candidacy. They shall continue to hold office
until successors shall have been elected and qualified.
Sec.
9. A sworn petition contesting
the election of a barangay official may be filed with the proper
municipal
or metropolitan trial court by any candidate who has duly filed a
certificate
of candidacy and has been voted for a barangay office within ten (10)
days
after the proclamation of the results of the election. The trial court
shall decide the election protest within thirty (30) days after the
filing
thereof. The decision of the municipal or metropolitan trial court may
be appealed within ten (10) days from receipt of a copy thereof by the
aggrieved party to the regional trial court which shall decide the
issue
within thirty (30) days from receipt of the appeal and whose decision
on
questions of fact shall be final and non- appealable. For purposes of
the
barangay elections, no pre-proclamation cases shall be allowed.
Sec.
10. The Commission shall constitute,
not later than ten (10) days immediately before the election, a board
of
election tellers in every barangay polling place, to be composed of
three
(3) public schoolteachers, one of whom shall be the chairman, provided
they are not incumbent barangay officials or related within the fourth
civil degree of affinity or consanguinity to any candidate for any
position
in that barangay. In case no public schoolteachers are available, the
Commission
shall designate any registered voter, preferably a regular government
employee,
in the polling place who is not an incumbent barangay official or
related
within the fourth civil degree of affinity or consanguinity to any
candidate
for any position in that barangay.
Sec.
11. The Commission shall provide
ballot boxes for each barangay polling place together with padlocks and
other election paraphernalia.
Sec.
12. Violations of the rules and
regulations issued by the Commission are considered prohibited acts
under
the Omnibus Election Code and shall be prosecuted and penalized in
accordance
with the same Code.
Sec.
13. All candidates for barangay
kagawad shall be required to file sworn post-election statements of
expenditures
and contributions as provided in Section 107 of the same Code.
Sec.
14. For purposes of the barangay
elections, the election registrars of the Commission on Elections are
authorized
to administer oaths on all matters related to the conduct of said
election.
Sec.
15. The amount of One hundred
and fifty million pesos (P150,000,000.00) to defray the share of local
government units in the expenses in connection with the conduct of
these
elections, to be disbursed by the Commission on Elections, is hereby
authorized
to be appropriated from the general fund of the Government not
otherwise
appropriated or from any savings therein, to be included in the General
Appropriations Act for the Calendar Year 1989.
Sec.
16. The Omnibus
Election Code shall as far as practicable be applicable to the
barangay
elections.
Sec.
17. If any part or provision
of this Act is declared invalid or unconstitutional, the other parts or
provisions thereof shall remain valid and effective.
Sec.
18. All laws, decrees, executive
orders, letters of instruction, or any part thereof which may be
inconsistent
with this Act are hereby repealed or modified accordingly.
Sec.
19. This Act shall take effect
upon its approval and publication in at least two (2) newspapers of
general
circulation.
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