Providing For The Manner Of Voting And Canvass Of Votes In Barangays (Citizens Assemblies)

Case Overview and Summary

Summary of Presidential Decree No. 229

Supervision of the Commission on Elections (Section 1)
- The Commission on Elections (COMELEC) shall exercise supervision and control over the conduct of voting and canvass of votes in barangay referendums and consultations.
- COMELEC shall perform necessary powers and functions to implement this Decree.

General Meeting of Barangay Members (Section 2)
- The barangay head shall call a general meeting to inform members about the referendum date, voting places, and issues to be resolved.
- Full discussions and exchange of views on the issues shall be conducted during the meeting.
- The barangay head may call as many meetings as necessary.

Barangay Referendum Committee (Section 3)
- COMELEC shall appoint a barangay referendum committee for each barangay, composed of:
    - A COMELEC representative as Chairman
    - A barangay council member
    - A public school teacher in the barangay
- Substitutes may be appointed if necessary.
- Public school teachers appointed as members may vote in their assigned barangay center.

Designation of Barangay Center (Section 4)
- COMELEC shall designate a barangay center or centers for voting, at least ten days before the voting day.
- In barangays with more than 600 registered members, multiple centers may be established.

Observers (Section 5)
- COMELEC may designate up to five observers per barangay center, who are barangay members.
- Observers have the following duties:
    - Call attention to irregularities during the referendum.
    - Report irregularities to the election registrar.
    - Assist the barangay referendum committee in ensuring orderly voting.

Who May Vote (Section 6)
- Every registered barangay member who personally appears before the committee shall be entitled to vote.
- Persons whose names were omitted from the barangay list may vote upon presenting their registration record or proof of inclusion in the January 1973 referendum list or the permanent voters' list.

Official Barangay Ballots (Section 7)
- Official ballots shall be of uniform size and color, provided at public expense.
- Ballots shall be in the shape of a strip with stubs, coupons, and detachable numbers.
- Ballots shall bear the coat of arms, "Barangay Ballot", date, instructions, and the question(s) to be submitted.
- Ballots shall be bound in separate books of 200 ballots each.
- Ballots in areas where Arabic is widely used shall have Arabic translations.

Casting of Votes (Section 8)
- Voting shall be by secret ballot in the designated barangay center.
- Voting shall start at 7:00 AM and close at 6:00 PM.
- Voters shall cast their votes in the order of entrance to the center.
- Disputes on procedure and during voting shall be decided by the committee majority vote.

Ballot Boxes (Section 9)
- There shall be two ballot boxes for every barangay center:
    - One for voters aged 15 to under 18
    - One for voters aged 18 and above

Manner of Obtaining and Preparing the Ballot (Section 10)
- The voter shall approach the committee chairman, provide personal details, and sign the record of voters.
- The chairman shall announce the voter's name and deliver a folded ballot.
- The voter shall go to a voting booth, prepare the ballot in secret, fold it, affix their thumbmark on the coupon, and deliver it to the chairman.
- The chairman shall remove the coupon and deposit the ballot and coupon in the respective compartments of the proper ballot box.

Preparation of Ballot for Illiterate or Disabled Persons (Section 11)
- An illiterate or disabled voter may choose a person of confidence, preferably a relative, to assist in preparing the ballot inside the voting booth.
- The assisting person shall bind themselves in a formal document not to reveal the ballot's contents.

Closing of Voting (Section 12)
- Voting shall stop promptly at 6:00 PM, except for voters within 30 meters of the center who will be allowed to vote.
- The chairman shall announce the closing of voting after all entitled voters have cast their votes.

Manner of Counting the Votes (Section 13)
- Ballots for voters aged 15 to under 18 shall be counted first.
- The committee shall form piles of 200 ballots, and the chairman shall read the votes aloud.
- Other members shall record the affirmative and negative votes on a tally sheet.
- The same procedure shall be followed for voters aged 18 and above.

Referendum Results (Section 14)
- The committee shall prepare and certify two copies of the referendum results, showing:
    - Date of voting
    - Barangay name, city/municipality, and province
    - Number of barangay members
    - Number of voters
    - Total affirmative and negative votes for each issue
- The original copy shall be transmitted to COMELEC, and the second copy shall be kept by the barangay head.
- Results shall be prepared separately for each age grouping.

Canvass by COMELEC (Section 15)
- COMELEC shall convene en banc on the voting day to canvass the referendum results from each barangay.
- COMELEC shall proclaim the result based on the canvass.
- If missing results will not affect the outcome, COMELEC may terminate the canvass and proclaim the result based on available results.

Postponement of Referendum (Section 16)
- COMELEC may postpone the referendum in any barangay center or political division due to calamities, violence, loss of materials, or other serious causes, after due notice and hearing.
- The postponed referendum shall be held on a date reasonably close to the original date.

Prohibited Acts (Section 17)
- Lists various prohibited acts punishable by imprisonment of 1 to 6 months, including:
    - Foreigners influencing or contributing to the referendum
    - Giving or accepting transportation, food, drinks, or money related to the referendum
    - Soliciting votes or propaganda within the barangay center and 30-meter radius
    - Coercion or intimidation by public officers, employers, or armed forces
    - Unauthorized printing, distribution, or possession of ballots
    - Failure to vote without justifiable excuse
    - Voting more than once or in substitution for another
    - Obstructing or preventing voters from voting
    - Misreading or omitting votes during counting
    - Unauthorized assumption of committee functions
    - Disrupting committee proceedings
    - Propagating false reports related to the referendum
    - Holding unauthorized referendums or stopping legal ones
    - Destroying or tampering with ballot boxes or contents
    - Relieving or changing committee assignments without authority
    - Using unauthorized ballots
    - Failure to preserve and account for referendum materials
    - Revealing the contents of a ballot

Jurisdiction of Court (Section 18)
- Municipal or city courts shall have jurisdiction over offenses under this Decree, subject to appeal to the Court of First Instance.

Prosecution of Offenses (Section 19)
- COMELEC shall have the power to conduct preliminary investigations and prosecute offenses under this Decree.

Promulgation of Rules and Regulations (Section 20)
- COMELEC shall promulgate rules, regulations, and forms necessary to carry out this Decree.
- COMELEC may procure supplies, materials, or services through negotiation or sealed quotations if public bidding is impracticable.
- COMELEC may hire personnel on a contractual basis if found more expedient and economical.
- If the prescribed periods and dates are no longer reasonably possible upon the Decree's effectivity, COMELEC shall promulgate governing rules and regulations.

Repealing Clause (Section 21)
- All laws, executive orders, decrees, rules, and regulations inconsistent with this Decree are repealed, amended, or modified accordingly.

Appropriations (Section 22)
- Four million five hundred thousand pesos is appropriated from the national treasury to carry out the purposes of this Decree.

Effectivity (Section 23)
- This Decree shall take effect immediately.