BANGSAMORO ELECTORAL CODE
Bangsamoro Electoral Code
Articles
Republic of the Philippines
Bangsamoro Autonomous Region in Muslim Mindanao
BANGSAMORO TRANSITION AUTHORITY
Cotabato City
Third Regular Session
Bill No. _____
_____________________________________________________________________________________________________
INTRODUCED BY PRINCIPAL AUTHORS:
HON. RASOL Y. MITMUG, JR., HON. AMILBAHAR S. MAWALLIL,
HON. LAISA M. ALAMIA, HON. SUHARTO M. AMBOLODTO,
HON. BAINTAN ADIL-AMPATUAN, HON. DON MUSTAPHA A. LOONG,
HON. RASUL E. ISMAEL
_____________________________________________________________________________________________________
BE IT ENACTED by the Bangsamoro Transition Authority in Parliament assembled:
AN ACT PROVIDING FOR THE BANGSAMORO ELECTORAL CODE OF THE BANGSAMORO AUTONOMOUS REGION
ARTICLE I
GENERAL PROVISIONS
Section 1. Short Title. –This Act shall be known as the “BANGSAMORO ELECTORAL CODE OF 2021.”
Section 2. Purpose. – The Bangsamoro Government, pursuant to its right to self- governance to freely pursue its political, economic, social, and cultural development as provided for in the Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM),<span style="font-size:12pt;">[1]</span> shall adopt an electoral system which shall be consistent with national election laws, allow democratic participation, encourage the formation of genuinely principle political parties,<span style="font-size:12pt;">[2]</span> and ensures accountability, transparency, inclusiveness and public confidence.<span style="font-size:12pt;">[3]</span>
Section 3. Definition Of Terms. – As used in this Act, the following terms is defined as follows:
a) Accredited Citizen’s Arm refers to a bona fide non-partisan group, association, or organization from the civic, youth, professional, educational, business, or labor sectors with identifiable leadership, membership and structure, and with demonstrated capacity to promote the public interest and assist BEO and COMELEC in the performance of its functions and activities as mandated by the Constitution and by law (Section 33, COMELEC Rules of Procedure).
b) Assistor refers to a person who shall assist an illiterate person, person with disability or senior citizen availing of the Emergency Accessible Polling Places (EAPP), who in the Election Day Computerized Voters' List (EDCVL) requires such assistance or manifestly needed such assistance on election day (COMELEC Resolution No. 10486).
c) Armed Personnel refers to any officer or member of the Armed Forces of the Philippines or the Philippine National Police; any peace officer or any armed person belonging to any extralegal police agency, special forces, reaction forces, strike forces, Civilian Armed Force Geographical Units, barangay tanods, or other similar forces or para- military forces, including special forces, security guards, and special policemen; and all other kinds of armed extra-legal police forces.
d) Bangsamoro Electoral Office or the BEO refers to the office under the control and supervision of the COMELEC, which shall implement and enforce its orders, rulings, and decisions as well as register and accredit political parties as approved by the COMELEC.
e) Campaign refers to a partisan political activity designed to promote the election or defeat of a particular candidate (Omnibus Election Code).
f) Candidate refers to any person aspiring for or seeking an elective public office, who has filed their own certificate of candidacy independently or through a registered political party.
g) Certificate of Candidacy is a formal manifestation to the whole world of the candidate’s political creed or lack of political creed. It is a statement of a person seeking to run for a public office certifying their announcement of candidacy for the office mentioned and their eligibility for office, the name of the political party to which they belong, if they belong to any, and their post-office address for all election purposes being as well stated (Sinaca vs. Mula).
h) Coalition refers to an aggrupation of duly political parties or organizations for political and/or election purposes.
i) COMELEC refers to the Commission on Elections which is the principal government agency in the Philippines tasked by the Constitution to enforce and administer all laws and regulations concerning the conduct of regular and special elections. It is a body that is designed to be constitutionally independent from the executive, legislative and judicial branches of government to ensure the conduct of free, fair, and honest elections (COMELEC Website).
j) Development Fund Accredited Political Party refers to a political party qualified to receive subsidy for party development and campaign purposes, accredited for this purpose by the BEO and COMELEC based on the criteria provided under this Act.
k) District Representatives refers to those who are elected through direct plurality vote by the registered voters in the parliamentary districts (Bangsamoro Organic Law).
l) Election Offense refers to any violation of R.A. No. 9006 punishable under the first and second paragraph of Section 264 of the Omnibus Election Code in addition to administrative liability, whenever applicable (Ejercito vs. COMELEC and San Luis).
m) Electoral Board refers to persons appointed by the COMELEC to render election- related service as Chairperson or Member/s of the Electoral Boards, Department of Education Supervisor Official, and their respective support staff.
n) National party refers to parties registered with the COMELEC as national parties or parties or organizations with a constituency that is spread over the geographical territory of at least a majority of the regions of the Philippines.
o) Non-Moro Indigenous Peoples refers to indigenous peoples from the following tribes: Teduray, Lambangian, Dulangan Manobo, B'laan, and Higaonon.
p) Parliament refers to the Bangsamoro Parliament.
q) Parliamentary District refers to the areas apportioned among the provinces, cities, municipalities, and geographical areas of the Bangsamoro Autonomous Region entitled to a seat in Parliament. For the first parliamentary election following the ratification of this Organic Law, the allocation of the parliamentary district seats shall be determined by the Bangsamoro Transition Authority. Parliamentary districts shall be apportioned based on the population and geographical area: Provided, that each district shall comprise, as far as practicable, contiguous, compact, and adjacent territorial jurisdiction: Provided, further, that each district shall have a population of at least one hundred thousand (100,000).
r) Parliamentary District Seats refers to the seats available in the Bangsamoro Parliament for candidates elected from single member parliamentary districts apportioned for the areas and in the manner provided for by the Parliament.
s) Bangsamoro Parliament Political Party refers to Regional Political Parties duly registered and accredited by the Bangsamoro Electoral Office, as approved by the COMELEC to participate in the parliamentary elections in the Bangsamoro Autonomous Region.
t) Party Affiliation refers to the registered political party which has authorized a candidate’s nomination to run for a seat in the Parliament.
u) Party Representatives refer to representatives of Political Parties elected through a system of proportional representation based on the Bangsamoro territorial jurisdiction who compose half of the Parliament (Bangsamoro Organic Law).
v) Party Representatives Nominees refer to candidates running as political party representatives (Bangsamoro Organic Law).
w) Political party or Regional Political Party refers an organized group of citizens advocating an ideology or platform, principles, and policies for the general conduct of government and which, as the most immediate means of securing their adoption, regularly nominates and supports certain of its leaders and members as candidates for public office.
x) Political Party Development Fund refers to the fund established under this Act for party development and campaign activities of accredited national political parties.
y) Registered Voter refers to Filipino citizens who accomplished and filed a sworn application for registration before the election officer of the city or municipality wherein they reside and whose name is included in the book of registered voters and approved by the Election Registration Board (R.A. No. 8189, Voter Registration Act).
z) Sectoral Representatives refer to representatives of sectoral groups/parties elected to sit as members of the parliamentary belonging to the following sectors: women, youth, traditional leaders, and the Ulama as provided by the Bangsamoro Organic Law.
aa)Ulama refers to a group of Islamic scholars within the BARMM who have jurisdiction over legal and social matters for the people of Islam.
bb) Voter Registration refers to the act of accomplishing and filing of a sworn application for registration by a qualified voter before the election officer of the city or municipality wherein they reside and including the same in the book of registered voters upon approval by the Election Registration Board. (Republic Act 8189).
cc) Vulnerable Sectors refer to sectors, and the members of which are disadvantaged in the exercise of their electoral rights such as but not limited to indigenous peoples, senior citizens /older persons, persons with disabilities, persons deprived of liberty and internally displaced people.
[1] Section 2 of Article IV, R.A. 11054 (“BOL”)
[2] Section 4, Article IV, BOL
[3] International Framework for Democratic Elections, Merloe
ARTICLE II
BANGSAMORO ELECTORAL OFFICE
Section 4. Bangsamoro Electoral Office. – The Commission on Elections shall establish a Bangsamoro Electoral Office under its supervision and control which shall implement and enforce its orders, rulings and decisions. The budget of the Bangsamoro Electoral Office shall be part of the yearly budget of Commission on Elections.
Section 5. Powers and Functions. – The COMELEC, through the Bangsamoro Electoral Office, shall exercise the following powers and functions:
1) Register and accredit, after sufficient publication, organizations, groups or coalitions as regional political parties participating in the Bangsamoro Elections as approved by the COMELEC;
2) Enforce and administer all laws and regulations relative to the conduct of a Bangsamoro region election, plebiscite, initiative, referendum, and recall under the supervision and control of the COMELEC;
3) Accredit bona fide non-partisan group, association or organization from the civic, youth, professional, educational, business or labor sectors with identifiable leadership, membership and structure, and with demonstrated capacity to promote the public interest as Citizen’s Arms of the BEO and COMELEC;
4) Ensure that vulnerable sectors are able to fully exercise their rights of suffrage through the formulation, implementation and assessment of policies that will increase the accessibility of the electoral processes such as but not limited to registration, campaigning, and voting;
5) Provide to the electorate and those seeking to be elected with sufficient, timely information about how, when, where and other requirements for candidate qualification, voter registration, voting and other electoral matters; and
6) Provide the Bangsamoro people with information about the details and value of the electoral processes.
Section 6. Additional Resources for the Bangsamoro Electoral Office. – The Bangsamoro Government may provide to the Bangsamoro Electoral Office additional resources from the annual Bangsamoro Appropriations Act to ensure the exercise of its functions such as but not limited to:
1) Accessible and suitable place for its field officers and their staff;
2) Additional election assistants subject to the approval of COMELEC; and
3) Any other resources that may be approved by COMELEC.
ARTICLE III
REGISTRATION OF VOTERS
Section 7. Permanent List of Voters. – There shall be a permanent list of voters per precinct in each city or municipality consisting of all registered voters residing within the territorial jurisdiction of every precinct indicated by the precinct maps.
Such precinct-level list of voters shall be accompanied by an addition/deletion list for the purpose of updating the list.
For the purpose of the 2022 BARMM general registration, the Bangsamoro Electoral Offices shall cause the preparation and posting of all precinct maps in every barangay in the region. Five (5) days before the 2022 registration, individual precinct maps shall be posted at the door of each polling place. Subsequently, the Election Officer shall be responsible for the display, throughout the year, of precinct maps in his office and in the bulletin board of the city or municipal hall.
The precinct assignment of a voter in the permanent list of voters shall not be changed or altered or transferred to another precinct without the express written consent of the voter: Provided, however, that the voter shall not unreasonably withhold such consent. Any violation thereof shall constitute an election offense which shall be punished in accordance with law.
Section 8. General Registration of Voters. – For 2022 BARMM elections and all elections, plebiscites, referenda, initiatives, and recalls subsequent thereto, COMELEC through the BEO, shall undertake a general registration of voters at least twelve months before the election.
Section 9. System Of Continuing Registration of Voters. – The personal filing of application of registration of voters shall be conducted daily in the office of the Election Officer during regular office hours. No registration shall, however, be conducted during the period starting one hundred twenty (120) days before a regular election and ninety (90) days before a special election.
Section 10. Who May Be Registered in the List. – All persons having complied with the requisites herein prescribed for the registration of voters shall be registered in the list, provided they possess all the qualifications and none of the disqualifications of a voter. Any person who may not have on the date of registration the age or period of residence required may also be registered upon proof that on the date of the election, plebiscite, or referendum he or she shall have such qualifications.
Section 11. Qualifications of a Voter. – Every citizen of the Philippines, not otherwise disqualified by law, eighteen (18) years of age or over, who shall have resided in the Philippines for one (1) year and in any city or municipality in the Bangsamoro Region wherein he proposes to vote for at least six (6) months immediately preceding the election, may be registered as a voter.
Any person who transfers residence to another city, municipality, or country solely by reason of his or her occupation; profession; employment in private or public service; educational activities; work in military or naval reservations; service in the army, navy or air force; the constabulary or national police force; or confinement or detention in government institutions in accordance with law, shall be deemed not to have lost his original residence.
Section 12. Disqualifications. – The following shall be disqualified from voting:
a) Any person who has been sentenced by final judgment to suffer imprisonment of not less than one (1) year, such disability not having been removed by plenary pardon or amnesty: Provided, however, That any person disqualified to vote under this paragraph shall automatically reacquire the right to vote upon expiration of five (5) years after service of sentence;
b) Any person who has been adjudged by final judgment by a competent court or tribunal of having committed any crime involving disloyalty to the duly constituted government such as rebellion, sedition, violation of the firearms laws or any crime against national security, unless restored to his full civil and political rights in accordance with law: Provided, That he or she shall automatically reacquire the right to vote upon expiration of five (5) years after service of sentence; and
c) Insane or incompetent persons declared as such by competent authority unless subsequently declared by proper authority that such person is no longer insane or incompetent.
ARTICLE IV
BANGSAMORO PARLIAMENT
POLITICAL PARTY PROVISONS
Section 13. Bangsamoro Parliament Political Parties. – A free and open regional party system shall be allowed to evolve according to the free choice of the people. Towards this end, only regional political parties duly accredited by the Bangsamoro Electoral Office, as approved by the COMELEC shall participate in the parliamentary elections in the Bangsamoro Autonomous Region. The Bangsamoro Government shall ensure the inclusion of women's agenda and the involvement of women and the youth in the electoral nominating process of the political parties.
Section 14. Registration. – Any qualified organized group in the Bangsamoro Autonomous Region may register as a Parliamentary Political Party by filing with the COMELEC through the Bangsamoro Electoral Office no later than six (6) months before the election a petition verified by its president or secretary stating its desire to participate in the BARMM Parliamentary elections as a party, attaching thereto its constitution, by-laws, platform or program of government, list of officers, Membership Book, and other relevant information as the COMELEC may require.
The Bangsamoro Electoral Office shall publish the petition in at least two (2) newspapers of general circulation.
The COMELEC, through the Bangsamoro Electoral Office shall, after due notice and hearing, resolve the petition within fifteen (15) days from the date it was submitted for decision but in no case not later than ninety (90) days before election.
Section 15. Refusal and/or Cancellation of Registration. – No political party may participate in the parliamentary party election without registering as a political party with the Bangsamoro Electoral Office, provided, no party may be registered, or the registration of any party may be cancelled if such party suffers from any of the following:
1) It is It is a religious sect or denomination, organization or association, organized for religious purposes;
2) It advocates violence or unlawful means to seek its goal;
3) It is a foreign party or organization;
4) It is receiving support from any foreign government, foreign political party, foundation, organization, whether directly or through any of its officers or members or indirectly through third parties for partisan election purposes;
5) It is a or is affiliated with a National Political Party;
6) It violates or fails to comply with laws, rules or regulations relating to elections;
7) It declares untruthful statements in its petition; and
8) It has ceased to exist or operate for at least one (1) year.
Provided, the COMELEC, through the Bangsamoro Electoral Office may, motu propio or upon verified complaint of any interested party, refuse or cancel, after due notice and hearing, the registration of any group on any of the abovementioned grounds.
The Membership Book shall not include any person who has changed his or her political party affiliation within six (6) months before an election, nor shall it include any person who is running for any other elective position outside of the BARMM Parliamentary Elections including any of his or her relatives within the fourth civil degree.
Section 16. Duties. – The registration of Parliamentary Political Parties may be cancelled by the COMELEC through the Bangsamoro Electoral Office upon failure of the party to:
1) Submit an annual report of the party’s organizational status, financial reports, and any other such documents required by BEO or COMELEC;
2) Submit to the BEO, no later than six (6) months from the elections, a copy of the Membership Book of the party listing the bona fide members of the party in chronological order based on the date of their acceptance indicating the member’s:
a) Name;
b) Age;
c) Area registered as a voter;
d) Sector membership, if any; and
e) Date of approval of membership.
3) Gain a well-represented constituency spread over provinces within BARMM through:
a) the establishment of a local office in a majority of provinces of BARMM;
b) membershipofatleast100membersinthemajorityofprovincesasreflected in the party’s official Membership Book; and
c) Six percent (6%) of its members must consist of actual members of underrepresented and marginalized groups as reflected in the party’s official Membership Book with each of the following sectors consisting of at least one percent (1%): non-Moro indigenous peoples, settler communities, women, youth, traditional leaders, and the Ulama.
Provided, no party’s registration may be cancelled or refused on this ground within 3 years after the first BARMM Parliamentary Elections.
4) Gain a well-represented constituency spread over provinces within BARMM through:
a) the establishment of a local office in all provinces of BARMM;
b) membership of at least 100 members in each province as reflected in the party’s official Membership Book; and
c) Twelve (12%) of its members must consist of actual members of underrepresented and marginalized groups as reflected in the party’s official Membership Book with each of the following sectors consisting of at least two percent (2%): non-Moro indigenous peoples, settler communities, women, youth, traditional leaders, and the Ulama.
Provided, no party’s registration may be cancelled or refused on this ground within 6 years after the first BARMM Parliamentary Elections.
5) Provide updates to its members of the latest notices and updates in relation to COMELEC rules on parties and elections.
Section 17. Establishment of a BARMM Political Party Subsidy Fund. – Three (3) months after the first parliamentary elections, there is hereby established a BARRM Political Party Subsidy Fund, which shall be used to augment the operating funds of Accredited Political Parties. The Political Party Development Fund shall be used directly and exclusively for party development activities and campaign expenditures for parties registered and operational under the Bangsamoro Parliamentary Elections.
Section 18. Requirements for Certification. – Registered Political Parties must apply for certification to the Bangsamoro Electoral Office by submitting the following:
a) Constitution and by-laws as a political party seeking registration;
b) Platform or program of government;
c) List of all its officers and their addresses;
d) List of all its members with their addresses provided members who are economically marginalized must submit proof or certification that they belong to the marginalized sector or a sworn affidavit indicating the same;
e) Articles of Incorporation, by-laws, and Certificate of Registration issued by the Securities and Exchange Commission, if registered therewith;
f) Organizational strength and mobilization capability, which may include the identifiable political organizations and strengths; the number of active and permanent members of the party;
g) Proof of compliance with the mandatory voter education activities; and
h) Other information required by the Bangsamoro Electoral Office.
Section 19. Effects of Certification. – The COMELEC through the Bangsamoro Electoral Office shall accredit eligible political parties who shall be entitled to the rights and privileges accorded under this Article. Likewise, the Development Fund Accredited Political Party shall be subject to the regulations set forth in this Act and its implementing rules and regulations as prescribed by COMELEC and the Bangsamoro Electoral Office.
Section 20. Mandatory Voter Education Activities. – No political party may register as a Development Fund Accredited Political Party entitled to public funding unless the party has first conducted at least thirty (30) hours of voter education activities as approved by the Bangsamoro Electoral Office. The accreditation may be cancelled if the political party fails to conduct at least one hundred (100) hours of Bangsamoro Electoral Office approved voter education activities every year thereafter.
Section 21. Public Funding for Party Development Activities. – A portion of the BARMM Political Party Subsidy Fund shall be used by the BEO to subsidize the cost of the following activities for the benefit of Accredited Political Parties, provided that no part of the public funding may be used except for any of the following purposes, provided further that the BEO shall ensure the fair and equitable assignment of the subsidized items through means including but not limited to a lottery:
a) Party administration including the hiring of staff and the establishment of party offices;
b) Research, including hiring of research staff, information material, and opinion polls;
c) Policy development which may include hiring of administrative staff, legislative research, and publications;
d) Activities aimed to support the participation of under-represented groups such as information campaigns aimed at increasing the participation of minorities, young voters, or voters in areas with low voter turnout;
e) Publishing of election manifesto, ideological publications, or party press;
f) Education and training of party members or candidates on party ideology;
g) Membership recruitment including the registration of members falling within their represented constituencies;
h) Institution building and constituent outreach program; and
i) Voter Education.
Provided, no part of the fund may be distributed directly to the accredited political party.
Section 22. Public Funding for Campaign Expenditures. – A portion of the BARMM Political Party Subsidy Fund shall be used by BEO to provide to Accredited Political Parties the following campaign expenditures, provided that the BEO shall ensure the fair and equitable assignment of the subsidized items through means including but not limited to a lottery:
a) Free or subsidized Media access including free advertising slots in publicly owned media;
b) Free or subsidized office space for political party headquarters or local branches;
c) Use of Government buildings like schools, administrative buildings, and sports arenas for meetings and rallies;
d) Free or subsidized postage for disseminating informational material to voters or, in some cases, for any purpose;
e) Free or subsidized telephone lines and telephone calls; and
f) Free or subsidized social media access.
Provided, no part of the fund may be distributed directly to the accredited political party.
Section 23. Schedule of Use of Public Funding for Party Development Activities. – All releases from the Political Party Development Fund during a non-election year shall be used exclusively for party development activities. Funds released during an election year shall be divided as follows: seventy five percent (75%) shall be used for campaign expenditures and twenty five percent (25%) for party development activities provided that an election year shall be begin three hundred sixty-five (365) days before the day of an election and shall end at the end of the election period. The COMELEC shall inform Accredited Political Parties of the schedule of release as well as the amount of subsidy allocated at the start of every fiscal year provided no political party shall receive its subsidy without completing requirements set by this Article, the COMELEC and the Bangsamoro Electoral Office including but not limited to the completion of the mandatory voter education activities.
Section 24. Management of the Subsidy. – The Accredited Political Parties availing of the subsidy shall maintain separate financial accounts for the funds received from the Subsidy.
Every Development Fund Certified Political Party shall submit to the Bangsamoro Electoral Office a detailed program of activities as well as a breakdown of expenditures drawn from the Political Party Development Fund by the end of December of every fiscal year. No Development Fund Certified Political Party shall be allowed to use the subsidy for purposes other than those indicated.
Section 25. Audit of the Fund. – COA shall examine the financial reports of the Accredited Political Parties on their use of the BARMM Political Party Subsidy Fund. Campaign contributions to any Development Fund Certified Political Party shall be accounted for separately under a different set of books of account, which shall be open to inspection by COA.
Section 26. Full Disclosure. – The officials of every Development Fund Certified Political Party shall submit a sworn statement of their assets and liabilities to COMELEC which shall be made available to the public. All Accredited Political Parties and their candidates shall also be required to make a public disclosure of all contributions as well as expenditures incurred for the use of the BARMM Political Party Subsidy Fund.
Disclosures shall be made through the official website of the COMELEC and in a newspaper of general circulation.
Section 27. Other Reports. – The following shall be reported by the Accredited Political Parties and their candidates:
a) The amount of contribution, the date of receipt by the bank, and the full name and exact address of the person from whom the contribution was received;
b) A full report of expenditures and receipts incurred during the campaign, including those which were drawn from the BARMM Political Party Subsidy Fund, if any;
c) Post-election disclosure statements, as required under existing laws, which must be submitted to the COMELEC within thirty (30) days after Election Day. Submissions made thirty (30) days after the deadline provided by law will be considered late and subject to a fine in such amounts as may be determined by the COMELEC; and
d) Detailed breakdown of expenditures for party development activities charged against the BARMM Political Party Subsidy Fund. The financial report covering the party development activities shall be submitted annually, at the end of every fiscal year. The subsidy for the succeeding year will not be released without the submission of the said report covering the preceding year.
There reports are required of every Development Fund Certified Political Party and its candidates, regardless of the results of the elections.
Section 28. Failure to Comply with Disclosure and Reporting Requirements. – Failure of the Accredited Political Parties to comply will result in the disqualification from receiving its share in the BARMM Political Party Subsidy Fund, which shall revert to BARMM Political Party Subsidy Fund, and forfeiture of all the rights and privileges to which it would have been entitled.
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ARTICLE V
BANGSAMORO PARLIAMENT
Section 29. Composition. – The Parliament shall be composed of eighty (80) members, unless otherwise increased by the Congress of the Philippines.
Section 30. Qualifications. – No person shall be a member of the Parliament unless the person is a citizen of the Philippines, at least twenty-five (25) years of age on the day of the election, able to read and write, and a registered voter in the Bangsamoro Autonomous Region.
A candidate for youth representative shall be less than eighteen (18) years and are not more than thirty (30) years of age at the time of election.
A candidate for district representative must be a registered voter of the district in which the person is a candidate and has resided in the district for at least one (1) year immediately preceding the day of the election.
Section 31. Parliament District Seats. – Thirty-Two (32) members of Parliament shall be elected from single member parliamentary districts as specified in Section X. The number of seats provided for district representatives shall only increase upon passage of law by Congress increasing the number of seats of Parliament provided the number of seats shall not be more than forty percent (40%) of the members of the Parliament. The number of seats may decrease upon passage of law by Parliament. The district representatives shall be elected through direct plurality vote by the registered voters in the parliamentary districts.
Section 32. Certificate of Candidacy. – No person shall be eligible for the Parliament District Seat unless he or she files a sworn certificate of candidacy.
A person who has filed a certificate of candidacy may, prior to the election, withdraw the same by submitting to the office concerned a written declaration under oath.
No person shall be eligible for more than one office to be filled in the same election, and if he or she files his or her certificate of candidacy for more than one (1) office, he or she shall not be eligible for any of them. However, before the expiration of the period for the filing of certificates of candidacy, the person who has filed more than one certificate of candidacy may declare under oath the office for which he desires to be eligible and cancel the certificate of candidacy for the other office or offices.
The filing or withdrawal of a certificate of candidacy shall not affect whatever civil, criminal or administrative liabilities which a candidate may have incurred.
Section 33. Parliamentary Party Representatives. – One-half of the members of the Parliament shall be representatives of political parties who are elected through a system of proportional representation based on the Bangsamoro territorial jurisdiction.
Section 34. Manifestation to Participate in the Election. – Political parties registered as Bangsamoro Parliament Political Parties shall submit to the Bangsamoro Electoral Office, not later than ninety (90) days before the election a manifestation of intent to participate in the parliamentary election of party representatives in the Bangsamoro Autonomous Region.
Section 35. List of Parliamentary Party Nominees. – Incorporated within the Manifestation to Participate, each party shall submit a list of nominees, ranked from one (1) to forty (40) alternating between male and female nominees from which party representatives shall be chosen in case they obtain the required number of votes. The political party shall include the authorizations from each nominee indicating therein the date such person become an official member of the political party as submitted to the BEO. No person shall be nominated in more than one (1) list. Only persons who have given their consent in writing may be named in the list.
Section 36. Limitation on the List of Parliamentary Party Nominees. – Any bona fide member of the political party may be nominated except for the following:
1) Any person who is not found in the latest Membership Book of the Political Party submitted to the BEO, provided a Membership Book submitted within six (6) months before an election will not be considered for the purposes of determining membership for that election; and
2) Any person who is running for any elective position outside of the Bangsamoro Parliament, including any of his or her relatives within the fourth civil degree.
Section 37. Substitution of Parliamentary Party Nominees. – No change of names or alteration of the order of nominees shall be allowed after the same shall have been submitted except in cases where the nominee dies, or withdraws in writing his or her nomination, becomes incapacitated in which case the name of the substitute nominee who is a duly registered member of the party shall be placed at the bottom of the list provided the alternating order between male and female must still be followed.
Section 38. Reserved Seats and Sectoral Representatives. – Reserved seats and sectoral representatives shall constitute at least ten percent (10%) of the members of the Parliament, which shall include two (2) reserved seats each for non-Moro indigenous peoples and settler communities. Women, youth, traditional leaders, and the Ulama shall have one sectoral seat each: Provided, That the reserved seats and sectoral; representatives shall in no case be less than eight (8) seats.
Section 39. Election for Reserved Seats for Non-Moro Indigenous People. – Notwithstanding the immediately preceding sections, reserved seats for non-Moro indigenous peoples, such as Teduray, Lambangian, Dulangan Manobo, B'laan, and Higaonon
a) Primacy of customary laws and practices;
b) Primacy of consensus building;
c) Acceptability to the community;
d) Inclusivity and full participation;
e) Representation of the collective interests and aspirations of non-Moro indigenous peoples;
f) Sustainability and strengthening of indigenous political structures;
g) Track record and capability; and
h) Gender equality.
Section 40. Reserved Seats for Women, Youth, Traditional Leaders, and the Ulama. –The parties running for the reserved seats for women, youth, traditional leaders, and the Ulama receiving the greatest number of votes shall be entitled to one (1) seat.
Section 41. List of Nominees for Reserved Seats and Sectoral Representative Nominees. – Each political party participating in the Parliamentary Party Elections shall submit to the BEO together with its Manifestation to Participate their List of Nominees for the Reserved Seats and Sectoral Representatives. The List of Nominees submitted by the Political Parties for the Reserved Seats for Non-Moro Indigenous People must comply with Section 39 above. All nominees must have been a member of the party for at least six (6) months before the election as reflected in their submitted Membership Book.
Section 42. Qualifications of Reserved Seat and Sectoral Representative Nominees. – No person shall be nominated as party representative unless the person is a citizen of the Philippines, at least twenty-five (25) years of age on the day of the election, able to read and write, has resided in the region for at least one (1) year and is registered voter in the Bangsamoro Autonomous Region.
No person may be a nominee for the reserved seats and sectoral representative unless such person belongs to the respective sector which they represent.
The nominees for youth representatives shall be not less than eighteen (18) years and are not more than thirty (30) years of age at the time of election.
Section 43. Publication of List of Nominees. – The Bangsamoro Electoral Office shall post the List of Parliamentary Party Nominees and List of Nominees for Reserved Seats and Sectoral Representative Nominees in at least three (3) conspicuous places and shall communicate the list of names in a manner that is accessible to all members of the region, including illiterate members and members of vulnerable sectors.
Section 44. Procedure in Allocating Seats for the Parliamentary Party Elections through Proportional Representation. – The seats for party representatives shall be allocated in the following manner:
1) The total votes obtained by each political party is divided with the total votes cast in the Bangsamoro Autonomous Region for the election of party representatives representing each party’s percentage of the vote.
2) No seats will be allocated to all parties which fail to reach a percentage of the vote greater than two and a half percent (2.5%).
3) The percentage of the vote of each party, as calculated in the first paragraph, shall be multiplied with the total number of seats available.
4) The whole integer of the product obtained in paragraph 3 shall be the initial number of seats allocated to each party.
5) The candidates recommended by a political party shall be elected in accordance with the sequence in the List of Parliamentary Party Nominees provided the number of women electees of each political party shall not be less than 50%, provided further, If the number of women candidates registered by a political party in the list of candidates is less than the quota reserved for women, it shall be regarded as vacant.
6) If there are any seats remaining, the remaining seats shall be distributed in sequence according to the size of the reminder of each party’s ratio, provided in case the last seats cannot be distributed because parties have the same residual, the seats shall be decided by lottery.
Party | A | B | C | D | E | F | Total |
Votes | 71,500 | 9,800 | 4,400 | 6,000 | 8,200 | 1,100 | 100,000 |
Percentage (Par. 1) | 71.50% | 9.80% | 4.40% | 6.00% | 8.20% | 1.10% | 100% |
Total Seats | 40 | ||||||
Formula for Ratio (Par. 3) | 40 x 71.5% | 40 x 9.8% | 40 x 4.4% | 40 x 6% | 40 x 8.20% | DQ (Par. 2) |
|
Ratio (Par. 3) | 28.6 | 3.92 | 1.76 | 2.4 | 3.28 |
| |
Automatic seats (Par. 4) | 28 | 3 | 1 | 2 | 3 | 0 | 37 |
Total Seats Remaining | 3 | ||||||
Formula for Remainder (Par. 5) | 28.2 – 28 | 3.92 - 3 | 1.77 - 1 | 2.4 -2 | 3.28 - 3 | DQ (Par. 2) |
|
Remainder (Par. 5) | 0.60 | 0.92 | 0.76 | 0.40 | 0.28 |
| |
Highest-remainder seats (Par. 5) | 1 | 1 | 1 | 0 | 0 | 3 | |
Total seats | 29 | 4 | 2 | 2 | 3 | 0 | 40 |
Section 45. Procedure in Allocating Seats for Reserved Seats and Sectoral Representatives. – The Reserved Seats and seats for Sectoral Representatives shall be awarded to the nominees identified by the party garnering the greatest number of votes in the Parliamentary Party Elections.
Section 46. Change of Party Affiliation. – Any elected party representative who changes or otherwise loses their political party affiliation during the representative's term of office shall forfeit the seat in the Parliament and shall be replaced by the next available nominee in accordance with paragraph 5, Section 39 of this Code, Provided further, that if the elected party representative changes political party affiliation within six (6) months before an election, the same person shall not be eligible for nomination as party representative under the new party or organization.
ARTICLE VI
CAMPAIGNING
Section 47. Candidate Logo. – All parties and candidates shall submit an official logo to the Bangsamoro Electoral which they shall use throughout the election and in all propaganda provided, no logo may be approved that is likely to cause confusion, deception, or mistake between candidates and parties with each other as well as with other known commercial brands.
Section 48. Lawful Election Propaganda. – The Bangsamoro Electoral Office shall ensure that information relating to every electoral candidate shall be presented in a manner accessible to all members of the region provided that all election propaganda relating to parties must include the party’s logo or the candidate’s photo in a conspicuous manner.
ARTICLE VII
VOTING
Section 49. Manner of Voting. – Every voter shall be entitled to eight (8) votes. The first is a vote for candidate for district representatives; the second, a vote for the party, organization, or coalition he or she wants represented in the party seats; and the remaining six (6) will be for each of the reserved and sectoral seats. (OPTIONAL) [provided, every voter qualified to vote by mail may send their accomplished ballot through registered mail or any other authorized courier service to the office designated by COMELEC provided further, such ballot shall only be valid if the same is received before the close of voting on the day of elections unless otherwise provided by COMELEC.
Section 50. Ballot Structure. – The official ballots for the BARMM Elections shall include, aside from the name of all candidates, each candidate’s photo/logo and the option to vote for “None of the Above.” The COMELEC, through the BEO, shall take efforts to ensure that the Bangsamoro people are aware of all candidates running for elections in BARMM.
Section 51. Preparation of Ballots for Persons with Disability, Senior Citizens, or Illiterate Voters. – A voter who is unable to prepare the ballot by himself or herself may be assisted in the preparation of his or her ballot by a relative, by affinity or consanguinity within the fourth civil degree, or if he or she has none, any member of the electoral board.
No voter shall be allowed to vote with the assistance of any person unless it indicated in his registration record that he or she is unable to do so by reason of disability, age-related disability, and illiteracy.
In no case shall an assistor assist more than three (3) times except the non-party members of the board of election inspectors. The person thus chosen shall prepare the ballot for the illiterate or disabled voter inside the voting booth.
No person aside from members of the electoral board may assist any voter unless such person submits a formal document under oath that he or she is a relative, by affinity or consanguinity within the fourth civil degree of the voter and that they shall fill out the ballot strictly in accordance with the instructions of the voter and not to reveal the contents of the ballot prepared by him. Violation of this provision shall constitute an election offense.
Section 52. Unlawful Entry of Armed Personnel. – No member of the Philippine National Police and the Armed Forces of the Philippines shall be allowed within 200 meters of a voting canter.
ARTICLE VIII
ACCREDITED CITIZEN’S ARM
Section 53. Accredited Citizen’s Arm. – Any bona fide non-partisan group, association, or organization from the civic, youth, professional, educational, business, or labor sectors with identifiable leadership, membership and structure, and with demonstrated capacity to promote the public interest and assist the Bangsamoro Electoral Office in the performance of its functions and activities may be accredited as citizens' arms of the COMELEC.
Section 54. Petition to be Accredited. – The group, association, or organization may file a petition for accreditation duly verified by its President, Chairperson of the Board of Directors, or any of its duly authorized officers.
Section 55. Contents of the Petition. – The petition shall state the following:
a) The constituency to which petitioner seeks accreditation;
b) That it is not supporting any candidate, political party, organization or coalition of political parties, in the constituency where it seeks accreditation;
c) Nature of its membership (whether civic, youth etc.); names of its officers or organizers, location of principal office or place of business and an assurance of its capability to undertake a coordinated operation and activity to assist the Bangsamoro Electoral Office;
d) That it shall submit itself to the direct and immediate control and supervision and comply with the orders of the Bangsamoro Electoral Office in the performance of its specific functions and activities provided by law, and such other functions and activities provided by law, and such other functions and activities which the Bangsamoro Electoral Office may assign;
e) That it shall strictly remain non-partisan and impartial during the registration and election periods;
f) Thatitisnotsupportedbyorundertheinfluenceofanyforeigngovernmentorany of its agencies or instrumentalities; or of any foreigner, whether natural or juridical person;
g) That it shall not solicit or receive, directly or indirectly, any contribution or aid of whatever form or nature from any foreign government, or any of its agencies or instrumentalities, or from any foreigner, a natural or juridical person;
h) That it does not seek to achieve its objectives, goals or programs through violence or other unlawful means, nor aim to propagate any ideology opposed to the principles of a republican and democratic government; and
i) That it undertakes to police its ranks and prevent infiltration by persons or groups of persons who may, directly or indirectly, destroy its character of non-partisanship and impartially.
Section 56. Notice of Hearing. – Upon the filing of the petition, the Bangsamoro Electoral Office shall immediately set it for hearing. The Bangsamoro Electoral Office may, if it deems necessary, order the publication of the petition in a newspaper of general circulation at the expense of the petitioner.
Section 57. Opposition. – Any person, group, association, or organization, political party or coalition of political parties possessing relevant information or evidence against the petitioner may oppose its accreditation by filing a verified opposition. Notwithstanding the absence of any opposition, the COMELEC or the Bangsamoro Electoral Office may motu proprio require the petitioner to present evidence to support its petition.
Section 58. Decision. – The decision granting the petition may provide conditions to be strictly complied with by the petitioner.
Section 59. Certificate of Accreditation. – If the decision is for the accreditation of the petitioner, the COMELEC, through the BEO, shall issue a certificate of accreditation containing the following:
a) The name of the group or organization;
b) The constituency to which it is accredited; and
c) The political exercise for which it is accredited.
Section 60. Submission of Names and Addresses of Local Representatives. – After its accreditation, the petitioner shall submit to the Bangsamoro Electoral Office in the constituency where it is accredited, the names and addresses of its local representatives who shall act as non-partisan watchers and substitute watchers therein during the entire electoral exercise.
Section 61. Appointment of Watchers. – Unless the impartiality or non-partisanship of the members concerned is questioned in writing, the Bangsamoro Electoral Office shall extend the corresponding appointments to such members as poll watchers stating therein the precincts to which they are assigned. The members so appointed shall have the same duties, functions, and rights as watchers of registered political parties, organization or coalition of political parties.
Section 62. Revocation of Accreditation. – The accreditation of any group, association or organization as Citizens' Army may be revoked by the COMELEC after notice and hearing, whenever it shows or acts with partiality in any political issue or to any political party, organization or coalition of political parties, or has performed acts in excess of its duties and functions as provided by law or has failed to comply with the conditions imposed upon it in the decision granting accreditation.
Section 63. Expiration of Accreditation. – The accreditation shall automatically lapse at the end of the election period of the political exercise for which the petitioner was accredited as citizens' arm.
ARTICLE IX
VOTER EDUCATION
Section 64. Information Relating to Electoral Process and Candidates. – The Bangsamoro Electoral Office shall, within sixty (60) days before an election, publish propaganda relating to the electoral process and candidate in a language and manner that is accessible to all members of the region including illiterate members and members of vulnerable sectors, conduct general and regular voter education about political parties, voter’s registration, among others, and shall post propaganda with such information in the following manner:
(a) English;
(b) Tagalog;
(c) Bisaya;
(d) Arabic;
(e) Braille;
(f) Graphic form and
(g) Any other language understood by all sectors including but not limited to Moro, and non-Moro Indigenous people.
All such information must be posted in areas accessible to such members of vulnerable sectors such as detention areas, hospitals, embassies, and villages.
Section 65. Voter Education Upon Effectivity of this Code. – The Bangsamoro Electoral Office shall, within thirty (30) days upon the effectivity of this Code, publish propaganda relating to the provisions of this code including but not limited to the registration process, registration requirements, the electoral process, and the principles of democracy and elections provided such propaganda shall be in a language and manner that is accessible to all members of the region including illiterate members and members of vulnerable sectors and shall post propaganda with such information in the following manner:
a) English;
b) Tagalog;
c) Bisaya;
d) Arabic;
e) Braille;
f) Graphic form; and
g) Any other language understood by all sectors including but not limited to Moro, and non-Moro Indigenous people.
All such information must be posted in areas accessible to such members of vulnerable sectors such as detention areas, hospitals, embassies, and villages.
ARTICLE X
TRANSITORY PROVISIONS
Section 66. Transitory Provisions. – In 2027, a review of the following provision will be done by the Parliament:
No political party may participate in the parliamentary party election, or ARTICLE IX
VOTER EDUCATION
Section 64. Information Relating to Electoral Process and Candidates. – The Bangsamoro Electoral Office shall, within sixty (60) days before an election, publish propaganda relating to the electoral process and candidate in a language and manner that is accessible to all members of the region including illiterate members and members of vulnerable sectors, conduct general and regular voter education about political parties, voter’s registration, among others, and shall post propaganda with such information in the following manner:
(a) English;
(b) Tagalog;
(c) Bisaya;
(d) Arabic;
(e) Braille;
(f) Graphic form and
(g) Any other language understood by all sectors including but not limited to Moro, and non-Moro Indigenous people.
All such information must be posted in areas accessible to such members of vulnerable sectors such as detention areas, hospitals, embassies, and villages.
Section 65. Voter Education Upon Effectivity of this Code. – The Bangsamoro Electoral Office shall, within thirty (30) days upon the effectivity of this Code, publish propaganda relating to the provisions of this code including but not limited to the registration process, registration requirements, the electoral process, and the principles of democracy and elections provided such propaganda shall be in a language and manner that is accessible to all members of the region including illiterate members and members of vulnerable sectors and shall post propaganda with such information in the following manner:
a) English;
b) Tagalog;
c) Bisaya;
d) Arabic;
e) Braille;
f) Graphic form; and
g) Any other language understood by all sectors including but not limited to Moro, and non-Moro Indigenous people.
All such information must be posted in areas accessible to such members of vulnerable sectors such as detention areas, hospitals, embassies, and villages.
its registration may be cancelled if it has nominees or members who are also running for any election at the regional level including any of his or her relatives within the second degree.
Approved,
AUTHORS:
HON. RASOL Y. MITMUG, JR.
HON. AMILBAHAR S. MAWALLIL
HON. LAISA M. ALAMIA
HON. SUHARTO M. AMBOLODTO
HON. BAINTAN ADIL-AMPATUAN
HON. DON MUSTAPHA A. LOONG
HON. RASUL E. ISMAEL
This Act was passed by the Bangsamoro Parliament on _________________.
Certified correct:
PROF. RABY B. ANGKAL
Secretary General
Attested:
HON. PANGALIAN M. BALINDONG
Speaker