Article 8p. 8

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

voters 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 any

candidate for any barangay office.

Section 39. 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

on

any

day

from

the

commencement of the election period but not later than

the day before the beginning of the campaign period in a

form to be prescribed by the Commission. 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 who shall have

the

ministerial

duty

to

receive

said

certificate

of

candidacy

and

to

immediately

acknowledge

receipt

thereof.

In case the secretary refuses to receive the same, or in

the case of his absence or non-availability, a candidate

may file his certificate with the election registrar of the

city or municipality concerned.

The secretary of the sangguniang barangay or the

election registrar, as the case may be, shall prepare a

consolidated list all the candidates and shall post said list

in the barangay hall and in other conspicuous places in

the barangay at least ten days before the election.

Any elective or appointive municipal, city, provincial

or national official or employee, or those in the civil or

military service, including those in government-owned or

controlled corporations, shall be considered automatically

resigned upon the filing of certificate of candidacy for a

barangay office.

Section 40. Board of Election Tellers. -

(1) The Commission shall constitute not later than ten

days before the election a board of election tellers in

every barangay polling place, to be composed of a public

elementary

school

teacher

as

chairman,

and

two

members who are registered voters of the polling place

concerned, but who are not incumbent barangay officials

nor related to any candidate for any position in that

barangay within the fourth civil degree of affinity or

consanguinity.

In case no public elementary school teachers are

available, the Commission shall designate any registered

voter in the polling place who is not an incumbent

barangay official nor related to any candidate for any

position in that barangay within the fourth civil degree of

affinity or consanguinity.

(2) The board of election tellers shall supervise and

conduct the election in their respective polling places,

count

the votes and thereafter prepare a report in

triplicate on a form prescribed by the Commission. 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 who shall keep the same on file.

Section 41. Registration of voters and list of voters.

— Not later than seven days before the election, the

board of election tellers shall meet in every barangay

polling place to conduct the registration of barangay

voters and to prepare the list of voters. Any voter may

challenge the qualification of any person seeking to

register and said challenge shall be heard and decided on

the same day by the board of election tellers.

The final list of voters shall be posted in the polling

places

at

least

two

days

before

election

day.

The

registration of any voter shall not be transferred without

written notice at least two days before the date of

election. Not later than the day following the barangay

election, the board of election tellers shall deliver the list

of

voters

to

the

election

registrar

for

custody

and

safekeeping.

Section 42. Polling places. — (1) The chairman of the

board of election tellers shall designate the public school

or any other public building within the barangay to be

used as polling place in case the barangay has one

election precinct. (2) For barangays with two or more

election

precincts

the

chairman

of

the

board

of

canvassers shall designate the public school or any other

public building to be used as polling place.

In case there is no public school or other public

building

that

can

be

used as polling places, other

appropriate

private

buildings

may

be

designated:

Provided, That such buildings are not owned or occupied

or possessed by any incumbent elective public official or

candidate, or his relative within the fourth civil degree of

consanguinity

or

affinity. The polling place shall be

centrally

located

as

possible,

always

taking

into

consideration the convenience and safety of the voters.

Section 43. 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.

Such official ballots shall, before they are handed to

the voter at the polling place, be authenticated in the

presence of the voter, by the authorized representatives

of the candidates and the chairman and members of the

board of election tellers who shall affix their signatures at

the back thereof. Any ballot which is not authenticated

shall be deemed spurious.

Section 44. Ballot boxes. — The Commission shall

provide the ballot boxes for each barangay polling place,

but each candidate may be permitted to provide a

padlock for said ballot box.

Section 45. 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, upon a verified petition of an interested

party and after due notice and hearing at which the

interested parties are given equal opportunity to be

heard, shall postpone the election therein for such time

as it may deem necessary.

If, on account of force majeure, violence, terrorism,

fraud or other analogous causes, 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 the basis of a verified

petition of an interested party, and after due notice and

hearing, at which the interested parties are given equal

opportunity to be heard shall call for the holding or

continuation of the election within thirty days after it shall

have verified and found that the cause or causes for

which the election has been postponed or suspended

have ceased to exist or upon petition of at least thirty

percent

of

the

registered

voters

in

the

barangay

concerned.

When the conditions in these areas warrant, upon

verification by the Commission, or upon petition of at

least

thirty

percent

of

the

registered

voters in the

barangay concerned, it shall order the holding of the

barangay election which was postponed or suspended.

Section 46. Barangay board of canvassers. -

(1)

The

Commission

shall

constitute

a

board

of

canvassers at least seven days before the election 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.

© Compiled by RGL

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