PROVIDING FOR THE MANNER OF VOTING AND CANVASS OF VOTES IN BARANGAYS (CITIZENS ASSEMBLIES).

• Number: Presidential Decree No. 229
• Sections: 24

Preamble

WHEREAS, Presidential Decree No. 210, dated June 8, 1973

provides for a system of registration for members of barangays (Citizens

Assemblies); and

WHEREAS, the collective views of the members of barangays

(Citizens Assemblies) should be ascertained with accuracy so that their

decisions on national or local issues be given effect;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the

Philippines, by virtue of the powers vested in me by the Constitution as

Commander-in-Chief of all the Armed Forces of the Philippines, and pursuant to

Proclamation No. 1081 dated September 21 1972, and General Order No. 1, dated

September 22, 1972, do hereby order and decree to be part of the laws of the

land the following:

Section 1 Supervision of the Commission on Elections.

SECTION 1. Supervision of the Commission on

Elections. — The Commission on Elections shall, in addition to the powers

and functions conferred upon it by the constitution, exercise supervision and

control over the conduct of voting and canvass of vote referendums and/or other

consultations in barangays (Citizens Assemblies) and shall exercise and perform

such other powers and functions as may be necessary to implement this

Decree.

Section 2 General meeting of barangay members.

SEC. 2. General meeting of barangay members. —

Whenever a period has been fixed or the holding of a referendum and/or

consultation during which the members of baragays(Citizens Assemblies) decide

and vote on issues, national and local, the barrio captain or baragay head shall

immediately call a general meeting to all the members of the baragay for the

purpose of informing them of the date and dates of the referendum and/or

consultation, the places of voting and the issue or issues to be resolved.

During this general meeting, there shall be full and constructive discussions

and exchange of views on the issue or issues to be resolved among the members of

the baragays.

The barrio captain or barangay head may, in his discretion, call as many

meetings as may be necessary for the purpose.

Section 3 baragay referendum committee.

SEC. 3. baragay referendum committee. — Not later

than ten days before the day of the voting, the Commission on Election shall

appoint a baragay referendum committee for each barrio or baragay to conduct the

voting and count the votes cast herein. The committee shall be composed of a

representative of the Commission on Elections who shall act as chairman, a

member of the barrio or baragay council, and a public schoolteacher in the

barrio or baragay.

In case of non-availability or absence of any of those enumerated in the

preceding paragraph, the Commission may appoint as substitute any registered

member of the barrio or baragay.

Public schoolteachers who are appointed members of the barangay referendum

committee may vote in the barangay center where they are assigned on the day of

voting

Section 4 Designation of barangay center.

SEC. 4. Designation of barangay center. — Not later

than ten days before the day of voting, the Commission on Elections shall

designate a barangay center or centers for each barrio or barangay which shall

preferably be the barrio hall or any public building whet members of the

barangay can cast their votes: Provided, That in barrios or barangays

where there are more than six hundred registered members, the Commission may

authorize the establishment of as many barangay centers for voting purposes in

order to facilitate the casting and counting of votes.

Section 5 Observers.

SEC. 5. Observers. — The Commission on Elections

may designate in each barangay center not more than five observers, who are

members of the barangay. The observers shall have the following powers and

duties:

To call the attention of the chairman of the barangay referendum committee

on any irregularity committed during the referendum.

To report to the election registrar any irregularity committed by the

barangay referendum committee.

To assist the barangay referendum committee in ensuring the orderly conduct

of voting in the barangay center whenever so directed by the chairman of the

committee.

Section 6 Who may vote.

SEC. 6. Who may vote. — Every registered member of

the barangay who, on the day of the referendum personally appears before the

barangay referendum committee shall be entitled to cast his vote.

Any person whose name has been omitted, for any reason, in the barangay list

(Barangay Form No. 2), shall, upon presentation of his barangay registration

record, or upon showing that his name is included in the list used in the

January 1973 referendum or in the permanent list of voters of the city.,

municipality or municipal district pursuant to the Election Code of 1971, shall

be allowed to vote.

Section 7 Official barangay ballots.

SEC. 7. Official barangay ballots. — The official

ballots shall be of uniform size and color throughout the Philippines and shall

he provided at public expense. Said ballots shall be in the shape of a

strip with stubs and coupons containing detachable numbers of the ballots and a

space for the thumbmark of the voter, and shall bear at the top on the middle

portion thereof the coat of arms of the Republic of the Philippines, the words

"Barangay Ballot," and the date of the voting, and the following note: "Fill out

this ballot secretly inside the booth. Do not put any distinctive mark in any

part of this ballot," and the question or questions to be submitted for the

determination of the people.

The ballots shall be bound in separate books of two hundred ballots each.

There shall not be anything printed on the reverse side of the ballot.

Ballots in cities, municipalities, and municipal districts where Arabic is of

general use, shall have translations of the question or questions printed in

Arabic in addition to and immediately below the English text.

Section 8 Casting of votes.

SEC. 8. Casting of votes. — Voting shall be by

secret ballot which shall be conducted in the barangay center designated by the

Commission. It shall start promptly at seven o'clock in the morning and close at

six o'clock in the afternoon.

Each voter shall have the right to vote in the order of his entrance to the

barangay center, identifying himself to the barangay referendum committee, who

will check his name against the barangay list.

All disputes as to procedure before and during the voting shall be decided by

the barangay referendum committee by majority vote.

Section 9 Ballot Boxes.

SEC. 9. Ballot Boxes. — There shall be two ballot

boxes for every barangay center. One ballot box shall contain the ballots of

voters fifteen years of age and under eighteen, and the second box for ballots

of voters eighteen years of age and above.

Section 10 Manner of obtaining and preparing the ballot.

SEC. 10. Manner of obtaining and preparing the

ballot. — The voter shall approach the chairman of the barangay referendum

committee and shall give his name and address together with other data

concerning his person. If he is entitled to vote in accordance with Section six

hereof, the chairman shall announce his name distinctly and loud enough to be

heard clearly throughout the barangay center. The chairman shall then deliver to

the voter one ballot correctly folded and require the voter to sign his name in

the proper column in the record of voters prescribed by the Commission. The

voter shall forthwith go to a vacant voting booth and prepare his ballot in

secret. After the voter has filled his ballot he shall fold it in the same

manner as when he received it and affix his thumbmark on the corresponding space

in the coupon, and deliver the folded ballot to the chairman. The chairman, in

the presence and in the view of the voter and all the members of the committee,

without unfolding the ballot, shall remove the coupon and shall deposit the

folded ballot, in the compartment for barangay ballots and the detached coupon

in the compartment therefor of the proper ballot box as prescribed under Section

9 hereof.

Section 11 Preparation of ballot for illiterate or disabled person.

SEC. 11. Preparation of ballot for illiterate or

disabled person. —A registered voter who is illiterate or physically unable

to prepare the ballot by himself may choose a person of his confidence to assist

him in the preparation of his ballot, preferebly a relative by affinity or

consanguinity within the fourth civil degree. The person thus chosen shall

prepare the ballot for the illiterate or disabled voter inside the voting booth.

The person assisting shall bind himself in a formal document to be prescribed by

the Commission, not to reveal the contents of the ballot prepared by him.

Section 12 Closing of voting.

SEC. 12. Closing of voting. — The casting of vote

shall stop promptly at six o'clock in the afternoon except when there are

barangay members present within 30 meters in front of the barangay center

waiting to cast their votes, in which case the voting shall continue only as

long as it takes these votes without interruption.

As soon as all the voters in the barangay center entitled to vote have cast

their votes, the chairman shall formally announce to the public that the voting

in the center is closed.

Section 13 Manner of counting the votes.

SEC. 13. Manner of counting the votes. — The

ballots contained in the ballot box for voters fifteen years of age and under

eighteen shall be counted ahead of the ballot box containing the ballots of

voters eighteen years and above. The counting of votes shall be made in the

following manner: The committee shall form separate piles of two hundred ballot

fully extended which shall be held together with rubber bands. The Chairman of

Committee shall take the ballots of the first file one by one and read the votes

in the order in which they appear thereon, assuming such a position as would

unable all or at least a majority of the observers to read such votes. The other

member of the committee shall record on the proper tally sheet the affirmative

and negative votes as they are read. Each vote shall be recorded by a vertical

line except every fifth vote which shall be recorded by a diagonal line crossing

the previous four vertical lines. The Third member of the committee shall watch

the preparation of the tally sheet. After all the votes casts by those fifteen

years of age and under eighteen have been counted, the committee shall sum up

the totals recorded for affirmative and negative votes and the aggregate sum

shall be recorded on the tally sheet.

The same procedure prescribed in the preceding paragraph shall be followed in

the of the case of the votes cast by those who are eighteen years of age and

above.

Section 14 Referendum results.

SEC. 14. Referendum results. — Immediately after

the count, the barangay referendum committee shall prepare and certify in a form

to be prescribed by the Commission on Elections two copies of the referendum

results showing the voting in the barrio or barangay. The result shall indicate

the date of the voting, the name of the barrio or barangay and the city,

municipality or municipal district and province where the barrio or barangay is

situated, the number of members of the barangay, the number of members who voted

the total number of affirmative votes cast and the total number of negative

votes cast for each issue submitted to the members of the barangay, writing out

said numbers in words and in figures. Each copy of the results shall be enclosed

in a special envelope provided for the purpose and shall be distributed

as follows: The original shall be transmitted to the Commission on Elections in

the manner it may direct and the second copy shall be kept on file by the barrio

captain or barangay head.

It is understood that the referendum results will be separately prepared for

each of the age groupings in accordance with Section 9 hereof.

Section 15 Canvass by the Commission on Elections.

SEC. 15. Canvass by the Commission on Elections. —

On the day of the voting, the Commission on Elections shall convene en bane to

canvass the referendum results certified by the barangay election committee of

each barrio or barangay and, on the basis of said canvass, proclaim the result

thereof.

In case there are referendum results which are missing and the votes therein

will not affect the result of the voting, the Commission on Elections may

terminate the canvass and proclaim the result of the voting on the basis of the

available referendum results.

Section 16 Postponement of referendum.

SEC. 16. Postponement of referendum. — When for any

serious cause such as calamities, floods, or other force majeure, violence,

terrorism, loss or destruction of referendum paraphernalia or records, and other

analogous causes of such a nature that the holding of a referendum becomes

impossible in any barangay center or political division or subdivisions, the

Commission on Elections, upon verified petition and after due notice and

hearing, shall postpone the referendum therein to such time as it may deem

necessary, but on a date reasonably close to the date of the referendum not held

or suspended.

Section 17 Prohibited acts.

SEC. 17. Prohibited acts. — The following shall be

guilty of an offense punishable by imprisonment of not less than one month nor

more than six months:

Any foreigner who shall aid, directly or indirectly, or take part in or

influence in any manner the outcome of any referendum or shall contribute or

make any expenditure in connection therewith;

Any voter or any other person who gives or accepts free of charge, directly

or indirectly, transportation, food, or drinks during a public meeting and

during the three hours before and after such meeting, on the day preceding the

referendum and on the day of the referendum; or who gives or contributes,

directly or indirectly, money or things of value for such purposes;

Any person who solicits votes or undertakes any propaganda on the day of the

referendum for or against any issue within the barangay center and within a

radius of thirty meters thereof;

Any public officer, or officer of any commercial, industrial, agricultural,

economic or social enterprise, private corporation or association, or any

employer, who coerces or intimidates or compels directly or indirectly, any of

his subordinates or employees, to aid, campaign or vote for or against any issue

in any referendum;

Any officer, member or employee of the Armed Forces of the Philippines or

any member thereof without specific authority to assist the Commission in

maintaining a free, orderly and honest referendum, or any member of a police

force who shall influence in any manner any referendum or take part therein,

except to vote if entitled thereto or to preserve public order, if he is a peace

officer;

f) Any person who, without authority, prints or causes the printing of any

barangay ballot that appears as official ballot; or who distributes or causes

the same to be distributed to be used in the referendum, whether or not they are

actually used;

g) Any person who, without authority, keeps, uses or carries out or causes

to be kept, used or carried out, any official ballot or printed proof thereof,

type-form mould, electrotype printing plates and any other plates, numbering

machines and other printing paraphernalia being used in connection with the

printing of official ballots;

h) Any official or employee of any printing establishment or of the

Commission or any member of the committee in charge of the printing of official

ballots who causes official ballots to be printed in quantities exceeding those

authorized by

the Commission or who distributes, delivers, or in any manner disposes or

causes to be distributed, delivered, or disposed of, any official ballots to any

person or persons not authorized by law or by the Commission to receive or keep

official ballots or who sends or causes them to be sent to any place not

designated by law or by the Commission;

Any person who opens the package of any pad or official ballots before the

hour fixed for the start of the voting in the barrio or barangay center on

referendum day;

Any person who, being a registered voter of the barrio or barangay fails to

cast his vote without justifiable excuse;

Any person who votes more than once in the same referendum;

Any person who votes in substitution for another whether with or without the

latter's knowledge and/or consent;

Any person who avails himself of any scheme to discover the contents of the

ballot of a voter who is preparing or casting his vote or who has just voted,

except as otherwise authorized in this Decree;

Any voter, who in the course of voting, uses a ballot other than the one

given by the barangay election committee or who has in his possession more than

one official ballot;

Any person who places under arrest or detains a voter without lawful cause,

or molests him in such a manner as to obstruct or prevent him from going to the

barangay center to cast his vote or from returning home after casting his vote

or to compel him to reveal how he voted;

Any member of the barangay election committee charged with the duty of

reading the ballots during the counting of votes who deliberately omits to read

the vote duly written on the ballot, or misreads the vote actually written

thereon or reads a vote where no vote is written on the ballot;

Any person who, without authority, acts as, or assumes or performs any

function of, a member of the barangay election committee, or deputy or

representative of the Commission;

Any person who, in the presence or within the hearing of the barangay

election committee during any of its meeting, conducts himself in a disorderly

manner in such a way as to interrupt or disrupt its work or proceedings to the

end of preventing said body from performing its functions, either partly or

totally;

Any person who, for the purpose of disrupting or obstructing referendum

processes or causing confusion among the voters propagates false and alarming

reports or information regarding any matter related to the printing of the

official ballots, the postponement of referendums, and the transfer of barangay

centers;

Any person who, without or against the lawful order of the Commission, holds

or causes the holding of a referendum on a day other than that fixed by law or

by the Commission, or stops a referendum being legally held, or who holds a

referendum not legally authorized;

Any person who, without legal authority, destroys, or takes away from the

possession of those having legal custody thereof, or from the place where they

are legally deposited, any ballot box which contains official ballots or other

documents used in the referendum or any referendum results;

Any person having legal custody of the ballot box containing the official

ballots used in the referendum who opens or destroys said box or removes or

destroys its contents without or against the order of the Commission; or who

tampers with the same or any of its contents; or who through commission or

negligence enables any person to commit any of the aforementioned acts, or take

away said ballot box from his custody;

Any public official or any person acting in his behalf, who relieves any

member of the barangay referendum committee or who changes or causes the change

of the assignment of members of said committee without authority of the

Commission;

Any member of the barangay referendum committee who knowingly uses ballots

other than the official ballots, except in those cases where the use of

emergency ballots is authorized by the Commission;

Any provincial, city, municipal and municipal district treasurer who

neglects or fails to properly preserve and account for any ballot box,

documents, forms and other referendum supplies and materials received by him and

kept under his custody; and

Any person who reveals the contents of any ballot in violation of Section 10

of this Decree.

Section 18 Jurisdiction of court.

SEC. 18. Jurisdiction of court. — The municipal or

city courts as the case may be shall have jurisdiction over all the offenses

punishable under this Decree, subject to appeal to the court of first instance

the decision of which shall be final.

Section 19 Prosecution of offenses.

SEC. 19. Prosecution of offenses. — The Commission

on Elections shall, through its duly authorized legal officers, have the power

to conduct preliminary investigation of all election offenses punishable by this

Decree and to prosecute the same.

Section 20 Promulgation of rules and regulations.

SEC. 20. Promulgation of rules and regulations. —

The Commission on Elections shall promulgate such rules and regulations and

prescribe such forms necessary to carry out the provisions of this Decree.

The Commission on Elections may procure any supplies, materials or services

needed for the holding of the referendum either by negotiation or through sealed

quotations if it finds the requirements of public bidding impracticable to

observe.

The Commission may hire under contractual basis the services of personnel if

this method is found to be more expedient and economical.

If upon the effectivity of this Decree, it should no longer reasonably be

possible to observe the periods and dates herein prescribed, the Commission on

Elections shall promulgate rules and regulations governing the same.

Section 21 Repealing clause.

SEC. 21. Repealing clause. — All laws, executive

orders, decrees, rules and regulations, or parts thereof, inconsistent with the

provisions of this Decree are hereby repealed, amended or modified

accordingly.

Section 22 Appropriations.

SEC. 22. Appropriations. — The sum of Four Million

Five Hundred Thousand Pesos is hereby appropriated out of any funds in the

National Treasury not otherwise appropriated to be spent under the exclusive

authority of the Commission on Elections to carry out the purposes of this

Decree.

Section 23 Effectivity.

SEC. 23. Effectivity. — This Decree shall take

effect immediately.

Done in the City of Manila, this 28th day of June, in the year of Our Lord,

nineteen hundred and seventy-three.

(Sgd.) FERDINAND E. MARCOS

President

Republic of the Philippines

By the President:

(Sgd.) ROBERTO V. REYES

Assistant Executive Secretary

[*] Amended by Presidential Decree Nos. 249

and 253.