Archive for the ‘B&SK Elections’ Category

Answers
November 5, 2007

I’m sorry to everyone who commented or asked a question on this blog or in ecomelec, for not having been able to reply sooner. Anyway, I hope this post answers some – hopefully most – of your questions.

1. Teachers’ pay

a) The COMELEC is only giving 1,000 pesos, plus a transport allowance of 500 pesos. If the teachers also handled SK precincts, they get an additional 500 pesos. All in all, the minimum a teacher can get is 1,500 pesos; max, 2,000.

b) The idea that teachers would get 3 thousand stemmed from a Memorandum of Agreement between the COMELEC and the DepEd which mentioned that amount. What hasn’t been given focus is the fact that the MOA also says ‘subject to availability of funds.’ As it turns out, the DBM approved only the 500 peso transpo allowance – which is, therefore, the extent of the availability of funds.

c) Distribution of the funds for the payment of teachers is through the municipal treasurers, not the COMELEC field office.

2. Complaints etc.

a) Complaints about election campaign violations or flying voters should be documented (take pictures, shoot video, get samples), accompanied by the complainant’s affidavit, and submitted to the local COMELEC.

In the case of flying voters in particular, it’s important that you must have some sort of proof that they are registered elsewhere and that they’ve already voted there. Mere suspicions, doubts, apprehensions, concerns, or accusations don’t count.

b) If you have complaints about how the elections turned out (ex: those protesting their loss) consult a lawyer. If you’ve already retained or hired a lawyer, don’t let him bully you into asking the COMELEC what to do next – first of all, that’s his job; and second, the COMELEC will not give you an opinion. If you think you have a COMELEC opinion on your case, chances are, it’s an opinion that won’t hold any weight.

If i missed anything, please let me know.

Oh, and about my theory regarding the next Chairman’s term? I’ve been told that I was wrong.

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Tie
October 30, 2007

As the electoral process winds down, we’ve been getting a lot of reports about elections ending in, of all things, a tie.

Here’s what the rules say about that:

Sec. 81. Elections resulting in a tie. – In cases where two (2) or more candidates for punong barangay or sangguniang kabataan chairman received an equal and highest number of votes, or where two (2) or more candidates for sangguniang barangay kagawad or sangguniang kabataan kagawad received the same number of votes for the first or last place, the BBOC, after recording this fact in its Minutes, shall, by resolution, and upon five (5) days notice to all the candidates concerned, hold a special public meeting in which the BBOC shall proceed to the drawing of lots between the candidates who have tied and proclaim as elected the candidates who may be favored by luck.

The other candidates who lost in the draw for the first place, if there are only two (2) who tied, shall automatically be the second placer. If, however, more than two (2) candidates tied for first place, rolled pieces of paper duly marked by the numbers “1”, “2”, “3”, and so on shall be made and the contesting candidates shall draw any one thereof, one after the other, and thereafter publicly open the same.

The number of the rolled paper drawn by each shall decide their ranking. The same procedure shall apply if the tie occurs among the second placers and so on.

If the tie is for the position of punong barangay or sangguniang kabataan chairman or for the seventh place for sangguniang barangay kagawad or sangguniang kabataan kagawad, the one favored by luck and proclaimed as elected shall have the right to assume office in the same manner as if he had been elected by plurality vote. The BBOC shall forthwith issue a certificate stating the name of the candidate who had been favored by luck and his proclamation on the basis thereof.

Nothing in this Section shall be construed as depriving the candidate of his right to contest the election.

Can’t get much clearer than that. However, I did receive one query that I think is worth mentioning. It appears that two candidates in a tie have been refusing to have their fates decided by the toss of a coin, and have been pressuring the BBOC to refer the matter to the COMELEC for adjudication.

In my opinion, there is no need for this referral. The rule is clear enough that recourse to luck is by operation of law. The BBOC has no discretion in the matter – i.e., he doesn’t have the power to decide whether or not to proceed with a drawing of lots, and neither does the COMELEC. As soon as the fundamental circumstances are met – that two or more candidates have ended up in a tie – the procedure kicks in without need for any action by the BBOC except for the sending of notice.

Just another interesting feature of Philippine elections.

Countdown
October 27, 2007

It’s about three hours and a half before the liquor ban kicks in, so I suppose there are alot of folks out there getting a good headstart. After that, about 31 hours later, more than two hundred thousand polling places open nationwide to accept more than 48 million voters who will be choosing 1 Barangay Chairman and seven Barangay Councilmen, and more than 3 million SK voters who will be voting for 1 SK Chairman and seven SK Councilors.

In the meantime, we here at the COMELEC are stepping up preparations to handle the concerns of the public immediately pre-election, on election day, and post-election.

Pre-election jitters are in the air of course, as people wonder whether they’ve done everything they need to do; checklists are being double-checked, i’s are being dotted and t’s are getting crossed. But on balance, the COMELEC is as ready as it is possible to be when you’re talking about elections.

BTW, the Education and Information Department will be trying something new: we will be blogging election day. Not quite as deftly as MLQ3 does it, of course, but it’s an interesting concept and I hope we can pull it off. The blogging will be over at inside the COMELEC (which will be renamed eCOMELEC, with the italicized e standing for the name of the Department that runs it).

6,531,062,400
October 15, 2007

 

The campaign period for the Barangay and Sangguniang Kabataan elections begins on the 19th – that’s Friday. And all during this week, we will be focusing on teaching candidates what they can and cannot do during that time.

Personally, I’m pretty concerned about the garbage that this campaign period will generate.

Over the years, political campaigns have left our sidewalks looking like mini-landfills filled to overflowing. Its a good thing the MMDA is able to pretty much keep on top of things, but it’s the wrong kind of thinking that convinces us that it’s okay to trash our streets because someone’s gonna come along eventually to clean things up.Remember, the landfill problem in Rizal isn’t over yet, despite over-eager reports saying otherwise. And while the landfills remain closed, our junk stays with us. Bad as things are now, you can just imagine how much worse it’ll be when barangay and SK candidates starts pumping out their fliers and start feeding their supporters out of styrofoam lunch packs and plastic water bottles.

There are 41,995 barangays all over the country. There will be 16 elective positions up for grabs, with each elective position attracting at least one candidate – most will be fought over by two or more. If each candidate – assuming each position will have two contenders (unlikely as some have as many as 5 or 6), and that each contender has 20 campaign workers (barangays have a minimum of 2 thousand inhabitants, and each candidate is allowed 1 campaign worker for every hundred) working for 9 days (campaign runs from the 19th to the 27th), and eating 3 squares out of one styro pack and one plastic bottle, by the 28th of October we will have 6,531,062,400 styro packs and 6,531,062,400 plastic water bottles to dispose of, all over the country. And that’s not even counting the candy wrappers and the plastic baggies (and drinking straws) used to sell soda in, and the torn up plastic packs of various junk food.

How’s that for an ecological footprint?

These candidates really need to be educated on how adding to the country’s garbage problem isn’t really the best way to start a career in public service. But more importantly, voters need to realize that concern for the environment is just as important a criteria as a candidate’s ability to bring dancing girls and actors over for the community’s entertainment.

Whose fault is it
October 14, 2007

Something that will be used to smear the COMELEC once again.

PIKIT, NORTH COTABATO — AN 11-YEAR-OLD child said she was made to register last Aug. 27, along with several other minors and older individuals, as voters for the coming Sangguniang Kabataan elections in five riverside villages here.

Ana (not her real name) said, like the other minors and older residents, she was not required to show her birth certificate because armed men were on close watch over the registration proceedings, which were manned only by a few scared barangay teachers.

But only if we don’t act fast and do the right thing.

Election Campaign and Propaganda
October 9, 2007

First off, the full resolution is available over at inside the COMELEC. These are just the salient points.

SECTION 3. Lawful election propaganda. – Only the following campaign
propaganda shall be allowed:

(a) Handwritten or printed letters not exceeding 8 ½ inches in
width and 14 inches in length; and

(b) Posters of a size not exceeding 2 feet by 3 feet.

There will be common poster areas, not more than ten in each barangay. Candidates are allowed to post one poster in each common poster area.

SECTION 5. Transportation, foods and drinks. – It is illegal for any
person to give or accept, free of charge, directly or indirectly, transportation, food
or drinks or things of value during the five (5) hours before and after a barangay
assembly meeting or other authorized public forum, on the day preceding the
election and on election day; or to give or contribute, directly or indirectly, money
or things of value for such purpose.

As usual, cockfights, dances, lotteries and the like are prohibited forms of fund raising. Also, it must be noted that it is prohibited for any person (or organization) to solicit any sort of money or gift etc., from any candidate. This does not include (of course) church collections on Sunday, tithes, etc. The reverse is also true: candidates are prohibited from giving donations too.

SECTION 7. Limitation upon expenses of candidates. – No candidate
shall spend for his election campaign an aggregate amount exceeding Three
Pesos (P3.00) for every registered voter in the barangay where he seeks to be
elected.

Within ten days from the election, each candidate is required to file (with the Office of the Election Officer where he filed his candidacy) a statement of all contributions and expenditures. No person elected to any public office shall enter upon the duties of his
office until he has filed the statement of contributions and expenditures
herein required.

SEC. 11. Prohibition against intervention by political party, coalition of
political parties, or any other organization. – 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 whatever nature shall intervene in his nomination or in the
filing of his certificate of candidacy or give aid or support, directly or indirectly,
material of otherwise, favorable to or against his campaign for election: Provided, that this provision shall not apply to the members of the family of the candidate within the fourth civil degree of consanguinity or affinity nor to the personal campaign staff of the candidate in his barangay; Provided, however, 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 a candidate for any barangay office.

Violation of this Section by any political party, group, or coalition of
political parties shall be a ground for the cancellation of its registration with the
Commission.

Only barangay officials not running in the elections can convene a barangay assembly for the purpose of introducing candidates. Public forums – properly coordinated with the EO – can be held. All candidates must be given equal time to speak. the order of speaking will be determined by raffle.

Barangay update
October 3, 2007

UPDATE: Secretary Ed Ermita clarified that the President isn’t postponing the elections. He says that, despite the certification of urgency, the decision to postpone is ultimately for Congress to make.

The President has certified as urgent, the House Bill seeking the postponement of the Barangay and SK elections.

That’s all over the news. I’m repeating it here for the purpose of clarifying the mess of misinterpretations and wrong conclusions spawned by that bit of news: the President’s certification DOES NOT postpone the B&SK elections. At most, it probably means that the President is in favor of postponement.

Which means, further, that the Senate still has to bestir itself to act on the postponement proposal, bring their version of the Bill to a bicam conference with the House, harmonize the two versions, finalize the bill, and have the President sign it. All in a matter of twenty-six days.

What effect does the President’s certification have on the COMELEC’s preparations? None, whatsoever. Until a law is passed, the COMELEC will continue its preparations for the B&SK elections. So, if you think about it, the sooner this issue is resolved on way or the other, the better for all of us.

Application for Gun Ban Exemption
September 20, 2007

Government Employee : Security Agency : Cashiers/Disbursing Officers : TransportPNP : AFP : Security Personnel : BJMP : High Risk Persons : Bodyguards of High-Risk persons

Important: All Requirements must be submitted in Three (3) sets; ALL REQUIREMENTS IN PHOTO COPIES SHOULD BE AUTHENTICATED BY THE ISSUING OFFICE; and Payment of the requirements fees shall be made upon filling of your application (no reimbursement in case of disapproval of application)

A. QUALIFIED GOVERNMENT EMPLOYEE

• Application signed by applicant

• Firearms (Non-government Issued Firearms) License and Valid Permit to Carry Authenticated by PNP Firearms and Explosive Dept.

• Letter Order ( Government Issued Firearms)

• Appointment Papers – CSC (Certified True Copy or Authenticated.

• Endorsement Letter from the Head Agency.

• Latest 2×2 Photo of applicant.

• Latest Identification Card.

SCHEDULE OF FEES:

1.) Government issued firearms – No fee

2.) Non-government issued – P 500.00 per firearms

3.) SC, CA, Sandiganbayan Justices – P 250.00 per firearms

Provincial and City Prosecutors.

(privately owned firearms)

B. SECURITY AGENCY

• Application signed by Head of Agency

• Letter Request ( Address to the Chairman of Committee).

• License to Operate ( Authenticated Copy)

• Itemized List of Firearms with Serial Numbers, caliber, and must Validated by Chief, Records SAGSD or FESAGSS.

• Disposition of Personnel / Firearms.

• Latest 2×2 Photo of owner. ( 3 copies)

SCHEDULE OF FEES:

1.) Licensed Firearms – P 30.00 per firearms

C. CASHIER / DISBURSING OFFICERS

• Application Form duly signed

• Letter Request and Certification from Head of Organization.

(Disbursing a sum of money or other valuables amounting to not less than 200,000 pesos)

• Firearms License and valid Permit to Carry (Authenticated by PNP Firearms and Explosives Division)

• Statement of Account of the Company

• DTI, Mayor’s and Business Permits of the Company

• Latest 2×2 Photo of applicant. ( 3 copies)
SCHEDULE OF FEES:

1.) Licensed Firearms – P 500.00 per firearms

D. TRANSPORT (Import / Export)

• Application Form duly signed by the Broker, Importer, Exporter or Manufacturer

• Authority to Import/Export (Authenticated by the PNP Firearms and Explosive Dept.)

• Commercial Invoice

• License to Operate of Broker, Importer, Exporter or Manufacturer

• Latest 2 x 2 Photo of Applicant (3 copies)

TRANSPORT (Local Movement)

• Application duly signed by the Broker, Firearms Dealer or Manufacturer

• Authority to Transport/Certification (from PNP Firearms and Explosive Dept.)

• List of Firearm(s) and its serial numbers

• Latest 2 x 2 Photo of applicant (3 copies)

TRANSPORT (Shooting Competitions)

• Application duly signed by the Participant

• Letter Request of the Participating Association

• License to Possess and Permit to Carry Firearm

• Latest 2x 2 Photo of the Applicant (3 copies)

SCHEDULE OF FEES :

1.) Firearms – P 60.00 per application

2.) Components of Explosives – P 150.00 per application

3.) Ammunition – P 60.00 per application

E. PHILIPPINE NATIONAL POLICE

• Application Form duly signed by the Applicant/Police Officer

• Memorandum of Receipt or LEA (for Government Issued Firearms) and Mission Order

• Valid Firearms License and Permit to Carry (for Privately Owned Firearms duly authenticated by the Firearms and Explosive Dept.)

• Absorption Order or Appointment Papers (Authenticated or Certified True Copy)

• Latest PNP Identification Card

• Latest 2 x 2 Photo of Applicant (3 copies)

SCHEDULE OF FEES :

1.) Government Issued Firearms – No Fee

2.) Non-government Issued Firearms – P250.00/firearm

F. ARMED FORCES OF THE PHILIPPINES

• Letter Request from Unit Head

• Roster of Troops

• Individual applications signed by each soldier

• Updated Memorandum Receipt and Mission Order

• Certification from the immediate Commanding Officer stating that he is a bonafide Member of the AFP.

• CAD Order

• Enlistment Papers

• Latest Identification Card

• Latest 2×2 Photo (3 copies)

• A DISK COPY OF roster / disposition of troops/ personnel with the corresponding description of firearm/s assigned to the firearm/s holder.

SCHEDULE OF FEES :

1.) Government Issued Firearms – No Fee

2.) Non-government Issued Firearms – P250.00/firearm

G. SECURITY ESCORT / BODYGUARD

• Application / Endorsement from concerned VIP

• Certificate of Exemption previously issued by the Commission to the particular PNP member assigned as security or bodyguard.

• Memorandum Receipt (MR) and Mission Order (MO) if firearm is government issued.

• Firearm License and Permit to Carry for privately owned firearm.

• Certification from the immediate Commanding Officer stating that he is a bonafide Member of the AFP or PNP.

• Police Security Protection Office (PSPO) Indorsement.

• Latest Identification Card

• Latest 2×2 Photo (3 copies)
SCHEDULE OF FEES :

1.) Government Issued Firearms – No Fee

2.) Non-government Issued Firearms – P500.00/firearm

H. PRISON GUARD OF THE BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP)

• Application for Escort Certificate filed with the Regional Committee by jail warden, his assistant, or the particular guard assigned as escort;

• Certificate of Exemption previously issued by the Commission covering a specific firearms issued to the particular guard;

• Memorandum Receipt (MR) and Mission Order (MO) if firearm is government issued;

• Firearm License and Permit to Carry for privately owned firearm;

• Order / Subpoena issued by the Court, Tribunal or Government Investigator;

• Certificate of Exemption is valid only if accompanied by the Regional; Committee;s foregoing Escort Certificate, together with the foregoing order or subpoena;

• Latest Identification Card and

• Latest 2×2 Photo (3 copies)

SCHEDULE OF FEES :

1.) Government Issued Firearms – No Fee

2.) Non-government Issued Firearms – P500.00/firearm

I. HIGH RISK PERSONS

• Applications form duly signed by the applicant

• Valid and current Firearm License to Possess and Permit to Carry issued by the PNP

• Credible evidence of threat to life and/or limb, or of clear and present danger thereof, to the applicant by virtue of his position, occupation or situation

• Latest Identification Card.

• Latest 2×2 Photo (3 copies)
SCHEDULE OF FEES :

1) Licensed firearms – P250/per firearm

J. BODYGUARD OF HIGH RISK PERSONS

• Letter request of High Risk Person in behalf of bodyguard.

• Applications form to be signed by bodyguard.

• Valid and current Firearm License to Possess and Permit to Carry issued by the PNP to the bodyguard.

• Latest and current official Identification Card.

• Latest 2×2 Photo (3 copies)

• Police Security and Protection Office (PSPO) Indorsement.
SCHEDULE OF FEES :

1) Licensed firearms – P250/per firearm
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Hope they don’t flip-flop
September 20, 2007

Seems like Senator Richard J. Gordon is hopping mad that his peers in the Senate don’t want to postpone the Barangay Elections. According to him, by not giving the COMELEC more time to prepare, the Senate is ‘allowing’ COMELEC to violate the automation law. In the meantime, Rep. Prospero Nograles wants to use the ZTE troubles besetting the Chairman as a reason to delay the polls.

But, as I’ve argued before, the law does not compel the performance of an impossible thing. So, if not automating is because of a physical impossibility brought about by the lack of time, how can there be a violation of law, as the Senator maintains. To me, his claim seems arguable at best.

Rep. Nograles’ position, however, is another matter altogether. The COMELEC is ready to hold the elections. The Chairman himself has insisted that the matter of elections takes precedence. He even asked for a re-scheduling of his Senate appearance precisely because he had to attend B&SK elections-related activities.

It’s the Senate’s call
September 16, 2007

This continued reportage on the House’s efforts to postpone the B&SK elections is causing alot of confusion. The good thing about this particular article, tho, is that while it serves to inform the public that the House is totally committed to the idea of postponement, it actually points out a very crucial detail: It isn’t up to the House.

The fate of the measure will still depend on the Senate, however.

The elections will still push through if the Senate fails to act on the legislation.

“It will be up to the Senate to decide whether the polls should be postponed or not,” House Majority Leader Arthur Defensor said.

This is what I’ve been saying all along. If the Senate doesn’t act on the House measure, the elections will push through as scheduled. So the question becomes, will the Senate? Or won’t it?

Senate President Manuel Villar has already made his opinion public, so at that level at least, resistance to the postponement can be expected. I don’t know about the others, but I suspect Senator Pimentel won’t be too keen on it either.

Hopefully, inertia too will be on the side of pushing through with the elections on the 29th of October 2007.