Election Service Reform Act
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Election Service Reform Act
Republic Act No. 10756
April 8, 2016
Case Overview and Summary
Summary of Republic Act No. 10756 (Election Service Reform Act)Definition of Terms (Section 2):
- Beneficiaries: Qualified compulsory heirs of deceased person rendering election service.
- Commission: Commission on Elections.
- Compensation: Per diem, honoraria, or allowances for Electoral Boards, DESO, and support staff.
- Department or DepED: Department of Education.
- Election-related risk: Death or injury sustained during election service.
- Persons rendering election service: Appointed by Commission to serve as Electoral Boards, DESO, and support staff.
- Other benefits: Death, hospitalization benefits, legal assistance, and indemnification.
Rendering of Election Service (Section 3):
- Electoral Boards composed of a Chairperson and two members, preferably public school teachers.
- If lacking public school teachers, Commission may appoint in this order:
1. Private school teachers.
2. National government employees (DepED non-teaching personnel, other officials/employees excluding uniformed personnel).
3. Members of Commission-accredited citizen arms or civil society organizations.
4. Any registered voter of known integrity and competence.
- As a last resort, uniformed personnel of Philippine National Police may be deputized if peace and order situation requires.
Honoraria and Allowances (Section 4):
- Persons rendering election service entitled to honoraria, travel allowance, and other benefits.
- For first implementation:
- Chairperson of Electoral Boards: ₱6,000.00
- Members of Electoral Boards: ₱5,000.00
- DESO: ₱4,000.00
- Support Staff: ₱2,000.00
- All entitled to additional ₱1,000.00 travel allowance.
- Honoraria and allowances paid within 15 days from election date.
- Amounts reviewed every 3 years, but not lower than provided.
Service Credit (Section 5):
- Minimum 5 days service credit for government officials/employees serving as Electoral Boards, DESO, and support staff.
Other Benefits (Section 6):
- Death Benefits: ₱500,000.00 awarded to beneficiaries for election-related risks, reviewed every 3 years.
- Medical Assistance: Sufficient amount for medical and hospitalization expenses until recovery.
Legal Assistance and Indemnification (Sections 7-9):
- Persons rendering election service authorized to engage government or private lawyers for legal actions related to election service.
- Commission to establish legal indemnification package covering legal costs and expenses, unless found guilty of election offense.
- Procedure for filing claims and liquidation/reimbursement of expenses.
- Funds drawn from agency's annual appropriation and trust fund.
Election Offense (Section 10):
- Delay in payment of honoraria and allowances beyond 15 days from election date is an election offense.
Trust Fund (Section 11):
- Commission to establish special trust fund for medical assistance, death benefits, legal assistance, and indemnification.
- Trust fund not to be used for other purposes.
Appropriation (Section 12):
- Initial funding charged against current year's Commission appropriations.
- Subsequent funding included in annual General Appropriations Act.
Implementing Rules and Regulations (Section 13):
- Commission to formulate IRR within 90 days from effectivity, with assistance from DepED, Office of Solicitor General, Department of Justice, National Teacher Organizations, Election Monitoring Organizations, and other civil society organizations.
Transitory Clause (Section 14):
- Commission to determine within 30 days if Section 3 (non-compulsory election service for public school teachers) can be implemented in 2016 national and local elections, otherwise implemented in subsequent elections.
Repealing Clause (Section 15):
- Inconsistent laws, decrees, orders, and issuances repealed, amended, or modified.
Separability Clause (Section 16):
- If any provision is declared unconstitutional, other provisions remain valid and effective.
Effectivity Clause (Section 17):
- Act takes effect immediately after publication in two newspapers of general circulation.
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Election Service Reform Act
Republic Act No. 10756
•April 8, 2016
Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro Manila
Sixteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand fifteen.
REPUBLIC ACT No. 10756
AN ACT RENDERING ELECTION SERVICE NON-COMPULSORY FOR PUBLIC SCHOOL TEACHERS, AUTHORIZING THE APPOINTMENT OF OTHER QUALIFIED CITIZENS, PROVIDING FOR COMPENSATION AND OTHER BENEFITS
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Short Title. – This Act shall be known as the “Election Service Reform Act”.
SECTION 2. Definition of Terms. – As used in this Act:
(a) Beneficiaries shall refer to the qualified compulsory heirs of the deceased person rendering election service under this Act;
(b) Commission shall refer to the Commission on Elections;
(c) Compensation shall refer to per diem, honoraria, or allowances granted to the Chairperson and members of the Board of Election Inspectors (BEI), Special Board of Election Inspectors (SBEI), Board of Election Tellers (BET), Special Board of Election Tellers (SBET), hereinafter collectively referred to as “Electoral...
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