BARANGAY AND SANGGUNIANG

KABATAAN ELECTIONS
Seminar on Election Laws for First Level Court Judges
PHILJA Training Center, Tagaytay City
The Courts
and Elections
An Election is not just an event.
It is a process!

The Electoral Cycle

“Well-run and credible elections
that reflect the will of the people
are critical events, but they fit into a
larger electoral cycle that needs to
be kept in mind. Ideally, an electoral
cycle starts at the end of one
election and runs through the
beginning of the next election….”
(UNDP)

http://toolkit-elections.unteamworks.org/?q=node/19
The Courts and Elections
• The Courts, when adjudicating election disputes, perform a very
important election function
• Courts provide redress for grievances against real or perceived electoral
wrongs by upholding the rule of law
• Courts audit, thus, affirm or correct distortions in election results that are
caused by fraud or errors
• Courts contribute significantly to the credibility of election results and
legitimizes the authority of elected leaders.
The Courts and Elections
• Kenya (Case Example)
• 2007 riots partly caused by the inadequate response of the judiciary to the
various complaints of fraud and irregularities.
• Judge Johann Kriegler was asked to head a commission that studied the cause
of the riot in 2007 and produced a report (the Kriegler Report)
recommending, among others, comprehensive reform in election disputes
adjudication process and capacity building in the judiciary at all levels
• In 2012, the Judiciary of Kenya, through the Judiciary Working Committee on
Election Preparation planned an organized a comprehensive training program
• The result - the 2013 Presidential Elections, though closely contested and
highly volatile, was marked with the Supreme Court decision on a protest,
well accepted by the public.
BARANGAY & SK ELECTIONS
Concept
BARANGAY & SK ELECTIONS
• Two simultaneous election held in a single day, managed by one
Electoral Board, in the same Polling Place, using One Ballot Box, but
with two different ballots
• Barangay Elections elect a Punong Barangay and 7 Kagawads of the
Sangguniang Barangay
• Barangay election voters are registered voters who are 18 years old
and older
• SK Elections elect a SK Chair and 7 SK Kagawads
• SK Election voters are registered SK Voters who between 15 – 30
years old
 CONCEPT OF BARANGAY AND SK
ELECTIONS

Non-partisan, expeditious and

inexpensive manner (Sec. 38, Manual Elections;
Art. VI of BP 881);

 Age Qualification
 18 years old and above – barangay voters
 15-30 years old – SK voters
 barangay voters aged 18-30 years old will automatically be
included as SK voters
 Official ballots to be issued
o 31 and above –
• One (1) OB (barangay only)
o 18-30 voters –
• Two (2) OBs (barangay and SK)
o 15-17 voters –
• One (1) OB (SK ballot only)
 One (1) ballot box for every clustered
precinct (SK and barangay)
 Min. Reso. No. 17-0741 – use of already
printed OBs and other accountable forms
o Mindanao- May 14, 2018 BSKE
o Luzon and Visayas – October 23, 2017 BSKE
 ELECTION DATA

BARANGAY LEVEL
CAR
Region 1 Region 2 ESTABLISHED PRECINCTS 376,520
GROUPED/CLUSTERED
177,565
PRECINCTS
Region 3
Region 5 REGISTERED VOTERS 57,384,446

SK LEVEL
Region 4A Region 8 ESTABLISHED PRECINCTS 371,478
GROUPED/CLUSTERED
177,545
Region 6 PRECINCTS
Region 4b Region 7
REGISTERED VOTERS 20,632,642
Region 10 Region 13
BOTH BARANGAY AND SK LEVEL
Region 9
Region 11 TOTAL NO. OF BARANGAYS 42,041
Region 12
REGISTERED VOTERS 78,017,088
ARMM
VOTING CENTERS 36,781
Preparing for the Elections
Registration of Voters
• Continuing System of Registration
• Application for Registration
• Processing of Application for Registration
• AFIS
• ERB approval of Registration
• Inclusion/Exclusion of Voters and “abatement” of registration
• Permanent List of Voters
• Computerized Voters’ List
• Posted CVL
• Election Day CVL
• Multiple Copies of Voter’s List
• Book of Voters
Precincts, Polling Place, and Electoral Board
• Project of Precincts
• Clustering of Precincts
• Establishing/Inspection of Polling Places
• Precinct vs. Polling Place vs. Clustered Precinct vs. Voting Center
• APPs for PWDs and SCs
• Constitution of Electoral Boards (Board of Election Tellers)
• ESRA Law
Logistics of Election Preparation
• Allocation of Ballots and other Election Documents and Materials, and Supplies
• Accountable and Non-Accountable Forms and Other Election Materials
• Procurement of Materials and Supplies
• Recycling of ballot paper
• Printing of Documents and Manufacturing of supplies
• Exclusive Printing by NPO
• Use of previously printed ballots and election returns in this Election
• Luzon will bear the October 2017 dates while ballots for Mindanao, will bear
• Shipping and Distribution
• Central Office to Province to Municipalities
• Role of EOs
• Role of Treasurers
• Distribution of Election Forms and Supplies to the BETs
• BETs to bring election materials to the polling place
ELECTION DAY
The General Instructions (to BET or EB and to the BBOC)
THE ELECTION DAY ACTIVITIES
• Preparatory Activities at the Polling Place
• Voting Process (7 am to 3 pm)
• Verify Identity of Voters through the EDCVL
• Verify whether voter is Barangay or SK Voter or both
• Voter given the right ballot/s and BET writes serial number of ballot on the EDCVL
• Voter votes
• Voter returns the BET and give ballots folded
• BET check serial number appearing in the lower detachable stub
• Ballots are put in the box
• Voter leaves the polling place
• Basic data, incidents, special circumstances are reflected in the minutes of
Voting and Counting
THE ELECTION DAY ACTIVITIES
• The Counting Process
• Excess ballot counted and torn, then put in envelopes
• Election Returns and Tally Board are prepared
• Ballots brought out from the Ballot Box and segregated into Barangay and SK
Ballots
• Ballots are banded per one hundred pieces
• Votes on the Ballots are Counted and tallied in the Election Returns and in the
Tally Board
• After the counting stage, Election Returns are put in the proper envelopes
and counted ballots returned to the ballot box
• Election Returns transmitted to the BBOC
• Ballot Box containing counted ballots are locked.
• Ballot Box are brought to the Treasurers Office who safekeeps them.
 LAY-OUT PLAN
STEP 1. Voter checks the following in the PCVLs posted outside the polling STEP 1 If polling place has
place:
Precinct No.
two (2) doors
Sequence No. PCVL
ENTRANCE EXIT EXIT
STEP 2. Voter approach the Third Member who shall:
1. Ask the voter’s name, age, precinct number and sequence number; STEP 7
2. Verify the name of the voter in the PCVL-Barangay and/or PCVL-SK; WATCHERS
2.1 Voter’s name not found in either PCVLs, he/she shall not vote and requested
to leave the polling place;
2.2 Voter’s name is found in the PCVLs
2.2.1.1 If stained, conclusive presumption that the voter has already voter.
Thereafter, request the voter to leave polling place. STEP 2.
2.2.1.2 If not stained, establish the identity of the voter
2.2.1.2.1 If satisfied with voter’s identity, direct the voter to the Chairperson
2.2.1.2.2 In case of doubt, apply the provision of Sec. 42 (Challenge against

Chairman Third Member

illegal voters)
The Electoral Board shall require the challenged voter proof of

PCVL
registration, identity or qualification or the voter shall be identified under oath by STEP 3
any (a) Electoral Board member; or (b) By another registered voter of the same
barangay. A barangay and/or SK voter can only be identified by another voter of
the same barangay.

BALLOTS
STEP 3. Voter goes to the Chairperson of the Electoral Board who shall:
1. Announce the voter’s name, precinct number and ballot/s serial number/s while the
Poll Clerk records the same in the EDCVL-Barangay and/or EDCVL-SK;

Poll Clerk
1.1 Authenticate the ballot/s by affixing signature at the back thereof

EDCVL
1.2 Affix signature in the EDCVL
1.3 Fold the ballot/s in such a manner that its face, except the portion where the
SN appears is covered. In case the voter is entitled to vote in the barangay
and SK elections, the ballots shall be folded separately;
1.4 Ask the voter to affix his/her signature in the EDCVLs; and
1.5 Give the ballot/s to the voter.
1.5.1 In case voter refuses to accept any of the two (2) ballots, the Chairperson
shall:
Explain that the voter shall hold on to the two ballots and accomplish the
ballot for the election said voter wishes to participate
 LAY-OUT PLAN
If polling place has
two (2) doors
PCVL
STEP 4. Voter to proceed either to the waiting area or the voting area:
ENTRANCE EXIT EXIT
1. Voter shall, using a ballot secrecy folder fill-up the ballot/s STEP 7
2. Fold it in the same manner as it was received. WATCHERS

STEP 5. Voter shall proceed to the Poll Clerk who shall:

1. Verify the serial number of ballot/s issued against the serial number/s recorded in
EDCVL;
1.1 If serial number/s is the same, the voter shall affix thumbmark in the
corresponding space in the ballot coupon/s, and return the ballot to the Poll
Clerk

Chairman Third Member

1.2 If serial number/s not the same, the ballot/s shall be considered “spoiled” and
shall be marked and signed by the Chairperson and placed inside the

PCVL
compartment for “spoiled” ballots
2. Apply indelible ink the voter’s right forefinger nail or any other fingernail if there
be no right forefinger
2.1 If voter refuses to have the fingernail stained, the Chairperson shall inform

BALLOTS
him/her that such refusal shall render the ballot’s “spoiled”. If voter/s still
refuses despite being informed the Chairperson shall mark the ballot’s “spoiled”
and place the same in the compartment for spoiled ballots

STEP 6. Voter shall finally proceed to the Chairperson who shall: STEP 6

Poll Clerk
1. Detach the ballot coupon/s and deposit the folded ballot/s in the compartment of the

EDCVL
ballot box for valid ballots and the detached coupons in the compartment of spoiled
ballots;
2. For unaccomplished ballot, announce the fact of refusal, mark as “abstained” the
ballot and deposit the same in the compartment for spoiled ballot/s.
STEP 4

STEP 7. Voter leaves the polling place.

THE ELECTION DAY ACTIVITIES
• Canvassing Process
• BBOC prepares canvass documents, particularly the SOVP
• BBOC canvasses election returns and tallies votes on the SOVP
• After all precincts are canvass, the tallies on the SOVP
• The votes obtained by the winners are reflected in the COCP and are
proclaimed
• Reverse Logistics/Retrieval of Election Materials and Supplies
Summary of Evidence
• EDCVL, • Receipts of Documents,
• PCVL, • Ballot Box,
• Project of Precincts, • Plastic Seals,
• Election Returns, • Paper Seals,
• Tally Board, • Statements of Votes by Precinct,
• Minutes of Votes, • Certificate of Canvass and
• Certificate of Votes, Proclamation, and
• Envelopes, • Minutes of Canvass.
The Laws
• Batas Pambansa Blg. 881 and amendments (RAs 6646, 7166, 8189,
etc.
• RA 7160 - The Local Government Code of 1991
• RA 9164 – New Barangay Election Law
• RA 9340 – Supplement to the Barangay Election Law
• RA 10656 – SK Election Postponement Law
• RA 10742 – New SK Election Law
• RA 10923 – Barangay and SK Election Postponement 2016
• RA 10952 - Barangay and SK Election Postponement 2017
Food For Thought
From the Report of the Independent Review Commission for Kenya
headed by Judge Johann Kriegler -

“….Therefore, although an election must always be governed by law,

the law should never be allowed to entangle an election in the
inevitable niceties and rules, the procedures and precedents, the
predilection for detailed analysis, for thorough debate and mature
reflection that are the proud hallmarks of the judicial process. Electoral
dispute adjudication requires flexibility and pragmatism, an eye to the
political exigencies, sometimes even at the cost of strict legalism…..”
Thank you!