Republic Act No. 10923

AN ACT POSTPONING THE OCTOBER 2016 BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS, AMENDING FOR THE PURPOSE REPUBLIC ACT. NO. 9164, AS AMENDED BY REPUBLIC ACT NO. 9340 AND REPUBLIC ACT NO. 10656 PRESCRIBING ADDITIONAL RULES GOVERNING THE CONDUCT OF BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS AND FOR OTHER PURPOSES

TOSS COIN VICTORY

SC voids toss coin victory of
Oriental Mindoro mayor

Written by Benjamin B. Pulta
Saturday, 20 August 2016 00:00
The Daily Tribune

A ruling by the Supreme Court (SC) has upheld election victory of a municipal mayor in Oriental Mindoro who lost in a “coin toss” during the 2013 elections
In a full court decision by Clerk of Court Felipa Anama, the tribunal tuned down the petition filed by Marvic Feraren against the Comelec and Salvador R. Py.

REPUBLIC ACT NO. 10756

TEACHERS' CAN REJECT POLL DUTIES

Republic Act No. 10756 known as the Election Reform Act which approves the non-compulsory service of public school teachers during the elections was signed into law last April 08, 2016 by the President. This new law enables teachers to reject rendering election services during elections. The teachers are no longer required to do poll works on election day.

However, they can still be appointed to election duties as the law provides that the electoral board to be constituted by the Commission shall be composed of public school teachers who are willing, available and qualified to render election services. 

Unless, otherwise there is no or lacks of public school teachers available the Commission on Elections may instead appoint the following in order of preference:

      1. Private School Teachers

      2. National Government Employees

• Non-Teaching Dep Ed personnel
• Other government officials and employees holding regular or permanent positions 

      3. Members of Comelec Accredited Citizens Arms, NGOs, CVOs 

      4. Any registered voters of the municipality/city with known integrity and competence not connected with any candidate or political parties.

SOCE Regulatory Measure: Expenditure Limit

The regulation of campaign finance by imposing a maximum limit on campaign expenditures is not a new measure. It has been in place since the Batasang Pambansa or the National Assembly enacted Batas Pambansa Bilang 881³ in 1985, antedating even the 1987 Constitution. Sections 100 and 101 of the Omnibus Election Code ("OEC") state:

"Sec. 100. Limitations upon expenses of candidates. - No candidate shall spend for his election campaign an aggregate amount exceeding one peso and fifty centavos (PhP 1.50) for every voter currently registered in the constituency where he filed his candidacy: Provided, That the expenses herein referred to shall include those incurred or caused to be incurred by the candidate, whether in cash or in kind, including the use, rental or hire of land, water or aircraft, equipment, facilities, apparatus and paraphernalia used in the campaign: Provided, further, That where the land, water or aircraft, equipment, facilities, apparatus and paraphernalia used is owned by the candidate, his contributor or supporter, the Commission is hereby empowered to assess the amount commensurate with the expenses for the use thereof, based on the prevailing rates in the locality and shall be included in the total expenses incurred by the candidate.

ADVISORY ON PUBLIC WORKS BAN

The Commission on Elections thru the Campaign Finance Office issued an advisory pertaining to the prohibition stated in Section 261 (v) and (w) of the Omnibus Election Code that will provide answers to various inquiries.

Elements that Constitute Violations of Section
261(v) and (w) of the Omnibus Election Code

Before discussing how the CFO processes and/ or evaluates the requests for exemption from Section 267 (v) and (w), it is essential to establish the basic foundational elements of what constitutes a violation of Section 261, (v) and (w).