Re: Guidelines for the 2021 Elections of Chapter Officers [Integrated Bar of the Philippines]

January 5, 2021

EN BANC

A.M. No. 21-01-02-SC

RE: GUIDELINES FOR THE 2021 ELECTIONS OF CHAPTER OFFICERS [INTEGRATED BAR OF THE PHILIPPINES]

NOTICE

Sirs/Mesdames :

Please take notice that the Court en banc issued a Resolution dated JANUARY 5, 2021, which reads as follows:

"A.M. No. 21-01-02-SC (Re: Guidelines for the 2021 Elections of Chapter Officers [Integrated Bar of the Philippines]). — The Court Resolved to:

(a) NOTE the Letter dated December 18, 2020 of Atty. Domingo Egon Q. Cayosa, National President, Integrated Bar of the Philippines (IBP), informing the Court that the 24th Board of Governors of the IBP has adopted guidelines for the conduct of the election of its Chapter Officers on the last Saturday of February 2020; and stating that voting may be done personally or electronically, (i) considering the limitations and protocols set by the government to control the spread of the COVID-19 Virus and the availability and increasing use of information technology to do things online, and (ii) to allow more lawyers to participate in the electoral process and be more involved in IBP affairs; and

(b) APPROVE the aforesaid 'Guidelines for the 2021 Elections of Chapter Officers' adopted by the 24th Board of Governors of the IBP." (adv26)

By authority of the Court:

(SGD.) EDGAR O. ARICHETAClerk of Court

ATTACHMENTS

Integrated Bar of the Philippines

Guidelines for the 2021 Elections of Chapter Officers

I. Announcement of Holding of Elections of Chapter Officers/Verification by Chapter Members

1. Not later than 20 November 2020, all IBP Chapters shall announce to their respective members, the conduct of elections for Chapter Officers nationwide, which is hereby set on 27 February 2021, and the exact time and venue thereof, and the voting period during said date, to be determined by the Chapter's Board of Officers in accordance with par. 3 below. The announcement shall specifically mention that online voting shall, in addition to actual physical voting, be allowed.

2. The announcement shall be made in writing and signed by the Chapter President, or in his absence or incapacity, the Chapter Vice-President, and as far as practicable, posted in a bulletin board of all the first and second level courts within the territorial jurisdiction of the Chapter. The announcement shall likewise be caused to be published in social media platforms to assure widespread dissemination. A copy of these Guidelines must be appended to this announcement.

3. The Chapter Board of Officers shall forthwith meet to discuss and decide upon the venue for the elections, the time of its conduct, and the voting period. To assure the safety of members and so that remote communication will be operational during the conduct of the elections, the venue to be selected must be spacious enough to allow the observance of the government's social distancing protocol/other relevant health regulations, and can adequately receive internet/broadband signal to allow online voting and remote communications, as contemplated in item III (5) (b) (ii) below.

4. The members may verify with their respective IBP Chapter/Chapter Officers the following:

a. The venue and the time of the conduct of the elections, and

b. Their inclusion in the Chapter's Voters List as contemplated in the first and second paragraphs of Item III (1) below, and those authorized to vote online in accordance with Item III (5) (b) (2) (ii) (1) below.

II. Relevant Provisions of IBP's By Laws on Elections

Relevant provisions of IBP's By-Laws on elections, especially the following:

1. Members Qualified to become Candidates/Members in Good Standing

Only a member in good standing may become a Chapter officer and, unless otherwise provided in these By-Laws, no person who is not a member of the Integrated Bar may become an officer (see Sec. 9, Art. I). A member who has paid all membership dues and all authorized special assessments, plus charges owing thereon, and who is not under suspension from the practice of law or from membership privileges, is a member in good standing (see Sec. 20, Art. II). Except for the fiscal year 1974-1975, any member who has not paid his membership dues for any given fiscal year on or before the last day (June 30) of the immediately preceding fiscal year shall be considered as dues-delinquent members. For the fiscal year 1974-1975 any member who has not paid the annual dues on or before November 30, 1974 shall be considered as dues-delinquent. If the delinquency continues until the following December 31, the Board of Governors shall by Resolution forthwith suspend all his membership privileges other than the practice of law. A copy of such Resolution shall be sent by registered mail to the member and to the secretary of the Chapter concerned. The Board shall promptly inquire into the cause or causes of the delinquency and take whatever action it shall deem appropriate, including a recommendation to the Supreme Court for the suspension of the delinquent member from the practice of law. Should the delinquency further continue until the following June 29, the Board shall promptly inquire into the cause or causes of the continued delinquency and take whatever action it shall deem appropriate, including a recommendation to the Supreme Court for the removal of the delinquent member's name from the Roll of Attorneys (see Sec. 24, Art. III).

Only members who are up to date in the payment of dues, assessments, and charges due and payable to IBP National and the Chapter concerned as of 10 February 2021 shall be considered as members of good standing.

2. Ineligibility of Certain Members from Becoming Officers

No lawyer (member) holding an elective, judicial, quasi-judicial, or prosecutory office in the Government or any political subdivision or instrumentality thereof shall be eligible for election or appointment to any position in the Integrated Bar or any Chapter thereof. A Delegate, Governor, officer or employee of the Integrated Bar, or an officer or employee of any Chapter thereof shall be considered ipso facto resigned from his position as of the moment he files his certificate of candidacy for any elective public office or accepts appointment to any judicial, quasi-judicial, or prosecutory office in the Government or any political subdivision or instrumentality thereof (see Sec. 13, Rule 139-A).

3. Other Prohibited Acts and Practices

The following acts and practices relative to elections are prohibited, whether committed by a candidate for any elective office in the Integrated Bar or by any other member, directly or indirectly, in any form or manner, by himself or through another person.

(a) Distribution, except on election day, of election campaign materials;

(b) Distribution, on election day, of election campaign materials other than a statement of the biodata of the candidate on not more than one page of a legal size sheet of paper; or causing the distribution of such statement to be done by persons other than those authorized by the officer presiding at the elections;

(c) Campaigning for or against any candidate, while holding an elective, judicial, quasi-judicial or prosecutory office in the Government, or any political subdivision, agency or instrumentality thereof;

(d) Formation of tickets, single slates, or combinations of candidates as well as the advertisement thereof; and

(e) For the purpose of inducing or influencing a member to withhold his vote, or to vote for or against a candidate, — (1) payment of the dues or other indebtedness of any member; (2) giving of food, drink, entertainment, transportation or any article of value, or any similar consideration to any person; or (3) making a promise or causing an expenditure to be made, offered or promise to any person (see Sec. 14, Art. I).

4. Term of Office

The term of office of all elective officers, national and local, shall be two (2) years beginning 01 April 2021 and ending on 31 March 2023. In no case may any member be elected to the same office or position for two (2) consecutive terms (see Sec. 10, Art. I).

5. Supreme Court-designated Observer

The Supreme Court may designate an official observer at any election of the Integrated Bar, whether national or local (see Sec. 15, Art. I).

III. Chapter's Voters List/Conduct of Elections

1. Chapter's Voters List/Creation of Elections Committee (ELECOM)

From 12 to 17 February 2021, the National Secretary shall transmit via email to each Chapter, the list of the names of all members of the Chapter who are up-to-date in the payment of dues, assessments and charges as per the records of IBP National as of 10 February 2021. Not later than 21 February 2021, the Chapter Board of Officers shall convene to review, correct, and approve the Chapter's Voters List taking into account the list sent by the National Secretary. No further corrections can be made thereon after such approval. Not later than 22 February 2021, the Chapter President shall send the approved Chapter's Voters List, duly certified by him, via email and in a sealed envelope through courier to the IBP National Office, attention: National Secretary. The Chapter Secretary shall cause the posting of the Chapter's Voters List — a) in a bulletin board of all the first and second level courts within the territorial jurisdiction of the Chapter, b) at the Chapter's office and c) at the venue of the elections.

The Chapter's Voters List shall be open to inspection by a member, and, upon request, copies thereof shall be furnished to any such member upon payment of actual reproduction cost thereof.

The Chapter Board of Officers shall constitute a 3-man Elections Committee ("ELECOM") to be chaired by the incumbent Chapter President, that shall oversee the conduct of the elections. If a member of the ELECOM is nominated as a candidate and accepts the nomination, he/she shall be deemed ipso facto resigned from the ELECOM, in which case, the Chapter Board of Officers shall designate his/her replacement.

During the conduct of the elections, the ELECOM shall have continuing authority to adopt measures to ensure the sanctity and secrecy of a ballot, provided these are not contrary to or inconsistent with these Guidelines. The Chapter's Legal Aid Clerk/s shall serve as the secretariat of the ELECOM.

2. Transfer of Membership

Transfer of membership to and from one Chapter to another is prohibited during the three-month period immediately preceding any election. No transfer done during this period shall be valid for purposes of the 2021 Chapter elections, but the transfer shall be effective only on the date immediately after the conduct of elections for Regional Governors of the Integrated Bar (to be held in 2021). Accordingly, the individual, whose transfer was effected during the said period, is ineligible to vote, nor be nominated or elected as an officer of his new Chapter, during the said election.

3. Presiding Officer during the Elections for Chapter Officers

The ELECOM Chairperson shall act as presiding officer during the conduct of the elections.

4. Nominations

No member may be nominated for election, nor be elected, to any office, if such member is not duly included in the Chapter's Voters List as adverted to in par. 1 above.

Only members physically present at the venue may be nominated for election. After a nomination is made, the Presiding Officer shall immediately require the nominee to manifest publicly and in writing, whether he is amenable to, or accepts, the nomination.

The ELECOM Chairperson shall open the table for nomination for each Chapter officer position, in the following order:

i. President

ii. Vice-President

iii. Secretary

iv. Treasurer

v. Auditor

vi. Public Relations Officer

vii. Directors (not more than 5 positions)

5. Voting

a. General

Voting for Chapter Officers shall be done by secret ballot. The Chapter shall provide official ballots for the purpose. Voting by proxy shall not be allowed.

b. Voting

i. By a Member who is Physically Present at the Venue

A member who is physically present at the venue and is included in the Chapter's Voters List shall be given a ballot, which he shall fill-up, and after which, such ballot shall be dropped by the member in the designated ballot box.

ii. Online Voting

Given the risks of contracting the COVID-19 virus at the venue of the elections and the need to provide members an alternative means by which they may cast their votes without being physically present at said venue, the following guidelines for the casting of vote through remote communication shall be observed:

(1) Not later than 22 February 2021, a Chapter member opting to vote online must submit via email or in person, a written notice to the Chapter Secretary informing the Chapter of his intent to cast his vote through e-mail. Only members included in the Chapter's Voters List as adverted to in item III (1) above may exercise said option. This written notice shall be signed by the said member and shall state — a) member's present home address, personal e-mail address and mobile number where the said member can be contacted/called for the purpose of verifying and confirming his identity and other details, and b) the member is allowing the data provided to be recorded and utilized by the Chapter to prepare a list of members of have opted to vote online. Also, a photocopy of the government-issued ID card (with photo and signature) of such member shall be attached to said notice. The Chapter Secretary shall immediately acknowledge receipt of such notice.

(2) Prior to the finalization of the list of on-line voters as adverted to in sub-paragraph (3) below, the ELECOM, shall verify the authenticity of the said notice by calling the concerned member to ascertain his identity, signature and personal email address as indicated in the member's written notice and his intention to cast his vote through email.

(3) Not later than 23 February 2021, the ELECOM shall prepare an official list of members who have opted to cast their votes through e-mail together with their personal email addresses. This list shall be attested to by the chairperson and the members of the ELECOM.

(4) The Chapter shall create and provide an official email address to which — (i) the notice adverted to in subparagraph (1) above and; (ii) online votes can be sent via email. The Chapter Secretary shall announce, at least ten (10) days prior to the date of the election, such Chapter official email address. Not later than 25 February 2021, the ELECOM using the Chapter's official email address shall send via email to all members who have opted to vote online, the e-ballot to be filled up and sent by such member to the Chapter during the conduct of the elections. For uniformity, IBP National shall send to all Chapters the format of this e-ballot.

(5) Likewise, the ELECOM shall cause the establishment, activation and operation of a social media platform for video conferencing (e.g., Zoom, MS Teams, etc.) during the elections, to enable members to know the individuals who have been nominated and the positions to which they are specifically nominated. Prior to the date of the elections, the ELECOM shall announce and send instructions on how Chapter members who opted to vote online, may join the video conference (e.g., sending the meeting number/details and passcode to join the meeting). During the voting period, the Presiding Officer shall cause and direct the list of nominees and the actual positions they were nominated to, to be "shared" online for viewing by members who have opted to vote online. The members shall send their respective e-ballots online within the voting period. Any e-mail with e-ballot sent by a member before or after the said period shall be disregarded and not be counted by the ELECOM. The video conferencing shall be activated at the start, and shall not be terminated until after the adjournment of the conduct of the elections.

(6) The e-ballot of the member casting his vote online shall be in PDF file and attached to the email sent by the member to the Chapter. Should the member send more than one (1) email, only the first and earliest email sent containing the e-ballot shall be considered by the ELECOM.

In the event the member who had originally opted to vote online was not able to send his e-ballot via email, and this is confirmed by the ELECOM, such member shall be allowed to cast his vote physically provided such member is at the venue before the close of the voting period.

(7) The ELECOM shall, in the presence of the Supreme Court-designated Observer, open the email of the member voting online, and download and print the e-ballot sent. The e-ballot as printed shall be counter-signed by the ELECOM chairperson and the same shall, in the presence of the Supreme Court-designated Observer, be dropped by the ELECOM chairperson in the designated ballot box.

(8) To address any exigency or for justifiable reasons, the ELECOM may adjust the voting period that was previously approved by the Chapter's Board of Officers in accordance with Item I above, provided that this change is publicly announced prior to actual voting/casting of votes, or adopt further steps or measures to ensure the secrecy and sanctity of ballots, provided such steps or measures are not inconsistent with these Guidelines.

7. n  Canvassing of Ballots & Election Results

a. The ELECOM shall be responsible in the canvassing of ballots (regular and e-ballots) and in determining the results of the elections.

b. Before the canvass, the ELECOM shall count the number of ballots found in the ballot box.

c. After the canvass of votes (including those cast online), the ELECOM shall announce publicly, and in the venue, the results of the elections (the "Chapter Elections Results"). The actual time the results were announced shall be indicated in the Chapter Elections Results to be prepared in accordance with the succeeding paragraph. The ELECOM shall be responsible in safekeeping the ballots and other election paraphernalia.

d. Not later than 01 March 2021, the Chapter Elections Results shall be prepared (bearing the names of all candidates and votes each has garnered, as well as those members that were duly elected as Chapter officers, their respective addresses, and positions to which they were elected), duly signed by the ELECOM chairperson and members, and sent by courier to the IBP National Office, attention: National Secretary, together with tally sheet/s, to be followed by a Confirmatory Certificate on the results of the elections sent via email.

8. Protests

a. Any protest relative to the results of the elections must be verbally manifested out by a candidate before the adjournment of the conduct of the elections. Any candidate to which the protest is directed to shall reply to such protest also verbally.

b. The ELECOM must resolve then and there any protest lodged, before adjournment of the conduct of elections.

IV. Supreme Court-Designated Observer

1. The Chapter President shall timely communicate, coordinate with and remind the Supreme Court-designated Observer, of the date, time and venue, of the elections so that the latter may adequately prepare and attend said election for Chapter Officers.

2. The Chapter shall provide all necessary courtesies to the Supreme Court-designated Observer during the conduct of the elections.

V. Costs and Expenses

Any and all reasonable expenses and costs (capex or opex) incurred including those pertaining to the temporary engagement of personnel, in order to implement these Guidelines, shall be chargeable against the funds of the Chapter concerned. If the Chapter has no sufficient funds, the National President upon request of a Chapter, is authorized to approve the disbursement of funds that shall represent IBP National's financial assistance to such Chapter.

VI. Technical Assistance

From time to time and even during the conduct of the elections, the ELECOM may seek the assistance and guidance of all IBP Project Officers relative to the implementation of online voting and the establishment of a social media platform for purposes of allowing members opting to vote online to determine all the candidates running during the elections and the specific positions that they seek to be elected to, and other related technical matters.

The IBP Project Officers are:

 

Name	Mobile No.	E-mail Address
Jeanne Marl Dominisac	0915-984-2815	[email protected]
Jasmin Raceli Rodriguez	0956-120-9240	[email protected]
Jan Dominique Rosit	0915-700-1593	[email protected]
Adrianne Sy	0947-77009976	[email protected]

 

VII. Summary of Timelines

From the foregoing, below is the summary of timelines relative to the conduct of elections of Chapter officers:

1. Deadline for the Chapter to Announce the Holding of Elections — 20 November 2020

2. Deadline for Transfer of Membership to another Chapter — 29 November 2020

3. Deadline to Pay/Update Member's dues, assessments and charges — 10 February 2021

4. Deadline for National Secretary to transmit to the Chapter the list of members who are updated in the payment of dues, assessments and charges — 17 February 2021

5. Deadline for the Chapter to Correct and Approve

6. Chapter's Voters List — 21 February 2021

7. Deadline for the Chapter to send Chapter's Voters List, as corrected and approved, to the National Secretary — 22 February 2021

8. Deadline for a Member to file Notice of Option to Vote Online — 22 February 2021

9. Deadline for ELECOM to Finalize List of Members who are Voting Online — 23 February 2021

10. Deadline for ELECOM to send via email e-Ballots to Members Voting Online — 25 February 2021

11. Holding of Elections for Chapter Officers/Canvass of Votes — 27 February 2021

12. Deadline for ELECOM to Submit Chapter Elections Results to National Secretary — 01 March 2021

APPROVED BY RESOLUTION OF THE 24TH BOARD OF GOVERNORS ON 10 NOVEMBER 2020

(SGD.) DOMINGO EGON Q. CAYOSANational President &

Frequently Asked Questions & Answers (Q&As)

Re: Guidelines for the 2021 Elections of Chapter Officers

1. Q When is the date of elections for Chapter Officers?

A 27 February 2021, Saturday.

2. Q Is this schedule applicable for all Chapters?

A Yes, elections for Chapter Officers will be held simultaneously on 27 February 2021 nationwide in all Chapters.

3. Q Where and what time?

A The exact venue and time shall be determined and announced by the Board of Officers of the Chapter concerned.

4. Q What are the requirements for a site to be selected by the Chapter as venue for the elections?

A The site must be —

1. Spacious enough to comply with social distancing and health protocols issued by the LGU relative to the COVID-19 pandemic, and

2. One that can be reached by internet/broadband signals to enable the Chapter to implement video conferencing or on-line voting during the elections.

5. Q May a member inquire as to the venue and time of the elections for Chapter Officers?

A Yes, a member may inquire from the Chapter and secure a copy of the written announcement earlier made by the Chapter Board of Officers relative to the venue and time of said elections.

6. Q May a member obtain from the Chapter a copy of the Chapter's Voters List as well as the list of those authorized to vote on-line (the "Online Voters List")?

A Yes. Both lists can be obtained from the Chapter provided the request is made in writing by such member and subject to the payment of the reproduction cost thereof.

7. Q Who is a member in good standing?

A For purposes of the elections of 2021 Chapter Officers, a member in good standing is one who is:

1. Up-to-date in the payment of dues, charges and assessments payable to both IBP National and the Chapter concerned, respectively, as of 10 February 2021; and

2. Not under suspension from the practice of law or from membership privileges (see Sec. 20, Art. I & Sec. 24, Art. II, IBP By-Laws).

8. Q Who are ineligible from being nominated as a candidate for or becoming an officer of a Chapter?

A a) Those who hold the following offices in the government or in any political subdivision or instrumentality thereof:

1. Elective;

2. Judicial;

3. Quasi-judicial; or

4. Prosecutory. (see Sec. 4, Art. I, ibid.); or

b) Not a member in good standing.

9. Q What is the effect of the filing of a certificate of candidacy for an elective position in government by an officer or employee of IBP National or a Chapter or assumes an appointive position in government or any of its instrumentalities?

A Such officer or employee is deemed automatically resigned from his position in the IBP as of the moment such certificate is filed or assumes office, as the case may be (see Sec. 4, Art. I, ibid.).

10. Q What are the acts that a candidate or any other member of the Chapter are prohibited from doing, directly or indirectly?

A The following acts are prohibited:

1. Distribute, except on election day, election campaign materials other than a statement of the biodata of a candidate on not more than one page of a legal-size sheet of paper; or cause the distribution of such statement to be done by persons other than those authorized by the officer presiding at the elections;

2. Campaign for or against any candidate, while holding an elective, judicial, quasi-judicial or prosecutory office in the Government, or any political subdivision, agency or instrumentality thereof;

3. Form or cause the forming of tickets, single slates, or combinations of candidates as well as the advertisement thereof; and

4. For the purpose of inducing or influencing a member to withhold his vote, or to vote for or against a candidate, — (1) pay the dues or other indebtedness of any member; (2) give food, drink, entertainment, transportation or any article of value, or any similar consideration to any person; or (3) make a promise or causing an expenditure to be made, offered or promise to any person (see Sec. 14, Art. I, ibid.).

11. Q What is the term of office of all those who will be elected during the elections for Chapter Officers to be held on 27 February 2021?

A These Officers will serve for a period of two (2) years beginning on 01 April 2021 and ending on 31 March 2023 (see Sec. 10, Art. I, ibid.).

12. Q May a member be elected to the same office or position for two (2) consecutive terms?

A No. However, there are two (2) instances where such officer held a position due to succession or appointment during the term 2019-2021, such officer will be qualified to be a candidate for the same position for the term 2021-2023. The prohibition does not apply to the position of Treasurer (see Sec. 10, Art. I, IBP By-Laws as amended pursuant to Bar Matter No. 668).

13. Q Who are entitled to vote during the elections for Chapter Officers?

A Only those who are included in the Chapter's Voters List duly approved by the Chapter's Board of Officers may vote during the elections.

14. Q When is the deadline for the Chapter's Board of Officers to approve the Chapter's Voters List?

A The deadline for approving the Chapter's Voters List is 21 February 2021.

15. Q What should the Chapter do once the Chapter's Voters List is approved?

A The following must be done:

1. The Chapter President must certify this Chapter's Voters List, as approved by the Chapter's Board of Officers, and transmit the same via email and by sealed envelope via courier to the IBP National Secretary not later than 22 February 2021; and

2. The Chapter Secretary shall cause the posting of the Chapter's Voters List — a) in a bulletin board of all the first and second level courts within the territorial jurisdiction of the Chapter, b) at the Chapter's office, and c) at the venue of the elections. The Chapter Secretary shall likewise cause the posting of the Chapter's Voters List on the social media account/s of the Chapter.

16. Q Before the actual conduct of elections, what must the Chapter's Board of Officers do in preparation for the elections?

A The Chapter's Board of Officers must:

1. Determine and approve the venue and time of the elections for Chapter Officers and announce the same to all members not later than 20 November 2020;

2. Review and approve not later than 21 February 2021 the Chapter's Voters List taking into account the list of members who are updated in the payment of dues, assessments and charges sent by the IBP National Secretary to the Chapter;

3. Send not later than 22 February 2021 the Chapter's Voters List, to IBP National Secretary;

4. Approve not later than 21 February 2020 the creation of a 3-man Election Committee (ELECOM), which shall be chaired by the incumbent President, and designate two (2) members thereof;

5. Not later than 21 February 2021, create an official email address of the Chapter, if there is none, and cause/arrange that internet access shall be available for use during the elections so that video conferencing may be activated during the elections. This platform shall be used by the ELECOM to announce or "share" with online voters the nominees who have accepted their nominations and the positions they respectively aspire/where they are candidates.

17. Q May the foregoing steps be done earlier?

A These steps may be done as early as possible provided this will not disenfranchise the right of a member to vote. Step 5 above is suggested to be done before the end of January 2021 to assure that online voting will be made operational during the date of the elections. This will give ample opportunity to those who wish to vote on-line to prepare and timely manifest to the Chapter such intent.

18. Q How shall the ELECOM act in the performance of their duties and functions?

A The ELECOM shall act as a collegial body on all matters to be decided upon relative to the conduct of the elections. In case of disagreement among the members of the ELECOM, the decision of the majority of its members shall prevail.

19. Q May a candidate become, or continue to be ELECOM Chair or Member?

A No. Once the Chair (the incumbent President) or any Member of the ELECOM accepts the nomination for a Chapter position, such ELECOM Chair or member is automatically deemed to have resigned his/her chairmanship or membership in the ELECOM. In such case, the Chapter's Board of Officers shall forthwith designate his or her replacement.

20. Q May a newly-transferred member vote or be voted upon?

A Yes, provided that his/her transfer to his/her new chapter is made on or before 29 November 2020.

21. Q Who shall preside during the elections for Chapter Officers?

A Under the Guidelines, the incumbent Chapter President is ex-officio ELECOM Chair, and accordingly must preside during the elections.

22. Q Who may vote during the elections for Chapter Officers?

A Only members whose names are included in the approved Chapter's Voters List may vote during the said elections.

23. Q Who may be nominated to be a candidate?

A Only a member — 1) in good standing, 2) who is not under suspension from membership privileges, 3) whose name is included in the approved Chapter's Voters List, 4) is not otherwise disqualified, and 4) is physically present at the venue (of the elections), may be nominated as a candidate.

24. Q Must a member who has been nominated as a candidate express his acceptance of the nomination?

A Yes. Acceptance of the nomination must be done verbally at the venue of the elections. Moreover, he/she shall sign the nomination acceptance form and submit the same to the ELECOM, prior to voting.

25. Q May a nomination be done online?

A No. The person making a nomination must be physically present at the venue of the elections.

26. Q How may a member vote?

A A member has two options, i.e., vote in person at the venue or vote online.

In case of the former, the member shall be given a ballot to be filled up, and which shall be dropped at the designated ballot box.

If the member wishes to vote online, such member should have previously submitted to the Chapter a written advice to vote on-line, and his/her name is included in the Online Voters List, which has been duly certified to by the ELECOM.

27. Q What are the requirements for one to be given the opportunity to vote online?

A Such member must submit to the Chapter not later than 22 February 2021, a written advise of such intent, indicating in such advise his/her — 1) name, 2) residence, 3) personal email address and 4) mobile number. This advice, which must be duly signed by the member concerned, and must likewise state that he consents that the data provided may be used by the Chapter in coming out with an Online List of Voters.

Furthermore, the member must also enclose or attach to his/her written advice, a copy of a government-issued ID that contains his photograph and signature.

In case where the member opting to vote online is filing/submitting his/her written advice electronically, such written advice must first be sworn to before any notary public, otherwise such written advice shall not be given due course.

28. Q What is the purpose of this written advice?

A The purpose of this written advice is for the Chapter to make and keep a record of members who have expressed the desire to vote online, and to enable the ELECOM to verify the identity of the member prior to the conduct of the elections, which shall be done by sending an email to the member's personal email address and personally calling the member through the member's mobile number. The ELECOM shall also use the government-issued ID provided by the member for the purpose of comparing the signature appearing thereon with the member's signature as appearing in the written advice earlier sent to the Chapter.

Furthermore, the data provided by members will enable the ELECOM to prepare the Online Voters List that will be used as reference during the elections certified by the Chapter's ELECOM.

29. Q May the ELECOM exclude members who have opted to vote online from the Online Voters List?

A Yes, motu proprio or upon petition by a member, the ELECOM may exclude a member from the Online Voters List, provided that the requirements relative to the submission of the written advice (data to be provided as well as submission of the required government-issued ID and notarization of the written advice, in the case of electronic submissions) are not complied with. A written advice submitted after the deadline shall not be entertained by the ELECOM.

A petition to exclude a member from the Online Voters List shall be resolved by the ELECOM before the finalization thereof.

30. Q What should the Online Voters List contain?

A This list shall contain the — 1) names of the members (in alphabetical order) who have opted to vote online, 2) their home addresses, 3) their email addresses, and 4) their mobile numbers, respectively.

31. Q When is the deadline for the Chapter to finalize the Online Voters List?

A The deadline for preparing and finalizing the Online Voters List is 23 February 2021. This list shall be certified by the ELECOM Chair and Members.

32. Q Must the Online Voters List be posted?

A Similar to the case of the Chapter's Voters List, the ELECOM must cause the posting of the Online Voters List not later than 24 February 2021 — a) in a bulletin board of all the first and second level courts within the territorial jurisdiction of the Chapter, b) at the Chapter's office, and c) at the venue of the elections.

33. Q May a member secure a copy of the Online Voters List as certified by the ELECOM including the supporting papers thereof?

A Yes (whether partial or final) subject to the submission of a written request by such member and the payment of the reproduction cost thereof. The copy shall be released by ELECOM within an hour from receipt of the request and payment of the cost for the reproduction thereof. This will enable a member to likewise validate the identity of an online voter.

34. Q How may a member who had opted to vote online, actually exercise his right to vote on line?

A He must accomplish (fill in the names of the candidates of his/her choice) in the e-ballot sent to him/her by the Chapter, then send the e-ballot to the Chapter via email.

35. Q When is this e-ballot to be sent by Chapter to the member who had opted to vote online?

A This e-ballot shall be sent via email to such member not later than 25 February 2021. However, this e-ballot shall be cast (sent via email) only during the voting period designated by the ELECOM on election day, 27 February 2021.

36. Q What is the effect if an email together with the e-ballot is received by the ELECOM from the online voter prior to the voting period?

A An email/e-ballot received by the ELECOM from the online voter prior to the voting period shall be considered a stray ballot and therefore, void. Moreover, the right to vote of the online voter shall be deemed forfeited.

37. Q Are there specific instructions to be sent to the member on how to accomplish the e-ballot and send it back to the ELECOM?

38. A Yes. Simultaneous to sending of the e-ballot to the online voter, specific written instructions shall be sent by the ELECOM to all online voters relative to accomplishing the e-ballot and how to send this back to ELECOM during the voting period.

39. Q What email address should the online voter use in sending this e-ballot to the ELECOM?

A In sending the e-ballot to the ELECOM, the online voter shall use only the email address that he/she had indicated in the written advice earlier sent to the ELECOM. Otherwise, that email/e-ballot sent (if using another email address) shall be disregarded by the ELECOM.

40. Q What email address shall the ELECOM use in sending to the online voters the e-ballot as well as the written instructions to online voters?

A In sending to the online voters, the e-ballot as well as the written instructions to online voters, the ELECOM shall use only the official email address of the Chapter.

41. Q To which email address should the online voter send his/her e-ballot?

A The online voter shall send his/her email together with the e-ballot only to the official email address of the Chapter, i.e., the email address from which he/she received the e-ballot and written instructions to online voters.

42. Q What will the ELECOM do once an email and e-ballot are received by the ELECOM?

A The ELECOM shall first check whether the email comes from a member who is included in the Online Voters List. This will be done by checking whether the email address indicated from the sender pertain to such member. If the voter is included in the Online Voters List, the ELECOM shall indicate in the Online Voters List that an email/e-ballot was received from the online voter. The ELECOM shall download the ballot and cause the printing thereof. Thereafter, the same shall be immediately countersigned by the ELECOM Chairman or any ELECOM member, then dropped in the designated ballot box. If an e-ballot is received prior to the voting period, the ELECOM shall nevertheless cause the printing of the same, countersign and mark it as stray or void, and drop the e-ballot in the designated ballot box for stray votes.

43. Q May a member who had earlier opted to vote online be allowed to vote at the venue?

A Yes, provided that he has not yet voted online. It is important that the ELECOM first check whether such member had already voted online, i.e., determine whether such member had previously sent an email containing the member's e-ballot.

44. Q If an online voter transmits for the second time to the ELECOM an email containing the member's e-ballot, which email shall be considered by the ELECOM?

A Only the first email containing the member's e-ballot received by the ELECOM during the voting period shall be considered. The second or any other subsequent email shall be disregarded.

45. Q What shall the ELECOM do with an email containing an e-ballot that is received after the voting period?

A Such e-ballot shall be disregarded and shall be considered void.

46. Q May the ELECOM use more than one laptop or desktop in checking emails received from the members who have opted to vote online?

A The ELECOM shall use only one desktop or laptop during the elections, which desktop or laptop together with one printer should be activated in the venue. It is best that there be a back-up desktop or laptop and back-up printer to be used in case the one being used breaks down.

47. Q Who shall operate such desktop or laptop and printer?

A Only the ELECOM shall be authorized to operate such desktop or laptop.

48. Q What security measures may the ELECOM take/impose to ensure that all emails/e-ballots received are secure?

A The ELECOM is authorized under the Guidelines to adopt continuing steps and measures to secure the e-ballots/emails.

To ensure security, the ELECOM shall, on the date of the deadline for sending e-ballots as well as instruction to online voters, change the password of the email address (that will be used for the elections) of the Chapter so that only the members of the ELECOM know this password.

49. Q May the ELECOM maintain two (2) or more ballot boxes?

A Yes, this is a judgment call that may be considered and decided upon by the ELECOM, provided that there should be a separate ballot box for e-ballots and stray/void ballots.

50. Q How long should the voting period last?

A The voting period shall be that as earlier announced by the Chapter.

51. Q Should the voting period for those voting at the venue and for those voting online be the same?

A Yes.

52. Q May the ELECOM change the voting period?

A For valid reasons, the ELECOM may adjust the voting period provided that this change shall be announced publicly at the venue and through the video conferencing platform that has been activated to guide online voters as to the names of the candidates and the positions they are aspiring for.

53. Q When does canvassing of votes start? Who or which body conducts the canvass?

A The canvass starts immediately after the voting period expires. The ELECOM shall conduct the canvass.

54. Q After the canvass of votes, what should be done by the ELECOM?

A The ELECOM must publicly announce the winners at the venue, and prepare a report, i.e., Chapter Elections Results, to be submitted to IBP National Secretary.

55. Q When is the deadline for the ELECOM to prepare and send the Chapter Election Results to the IBP National Secretary?

A The Chapter Elections Results must be sent to the IBP National Secretary via email and via courier not later than 01 March 2021. If a protest is made, the ELECOM shall likewise prepare a brief relative to the protest made by the protestant-candidate, comments made by those affected, and the ELECOM's ruling relative to the protest. This shall be submitted together with the Chapter Elections Results.

56. Q May a protest be entertained questioning the results of the elections? Which person or body should entertain the protest?

A Yes, such protest may be brought and entertained. But such protest must be made only by a candidate, who must do so verbally immediately after the results are proclaimed but before adjournment of the conduct of the elections. The ELECOM acting as a collegial body shall entertain and resolve a protest.

57. Q Are those affected by the protest allowed to comment on the protest?

A Yes, all those affected shall be given an opportunity to verbally respond or comment to the protest.

58. Q When shall the ELECOM resolve the protest?

A The protest shall be resolved by the ELECOM by announcing its ruling publicly before adjourning the conduct of the elections.

59. Q What expenses may be chargeable to the Chapter's funds?

A Any and all reasonable expenses and costs (capex or opex) incurred or to be incurred including those pertaining to the temporary engagement of personnel, in order to implement the Guidelines for the Elections of Chapter Officers, as approved by the 24th Board of Governors, shall be chargeable against the funds of the Chapter concerned.

60. Q May a Chapter seek financial assistance from IBP National relative to the conduct of the elections?

A Yes, provided that the Chapter has no sufficient funds.

61. Q May the Chapter seek technical assistance from IBP National relative to the conduct of the elections?

A From time to time and even during the conduct of the elections, the ELECOM may seek assistance and guidance from IBP National through its IBP Project Officers (their names are listed in the Guidelines) relative to the implementation of online voting and the establishment of a social media platform for purposes of allowing members opting to vote online to determine all the candidates running during the elections and the specific positions that they seek to be elected to, and other related technical matters.

62. Q What are the timelines relative to the Elections for Chapter Officers?

A Below are the summary of timelines:

1. Deadline for the Chapter to Announce the Holding of Elections — 20 November 2020

2. Deadline for Transfer of Membership to another Chapter — 29 November 2020

3. Deadline to Pay/Update Member's dues, assessments and charges — 10 February 2021

4. Deadline for National Secretary to transmit to the Chapter the list of members who are updated in the payment of dues, assessments and charges — 17 February 2021

5. Deadline for the Chapter to Correct and Approve Chapter's Voters List — 21 February 2021

6. Deadline for the Chapter to send Chapter's Voters List, as corrected and approved, to the National Secretary — 22 February 2021

7. Deadline to Post Chapter's Voters List — 23 February 2021

8. Deadline for a Member to file Notice of Option to Vote Online — 22 February 2021

9. Deadline for ELECOM to Finalize the Online Voters List — 23 February 2021

10. Deadline to post the Online Voters List — 24 February 2021

11. Deadline for ELECOM to send via email e-Ballots to Members Voting Online — 25 February 2021

12. Holding of Elections for Chapter Officers/Canvass of Votes — 27 February 2021

13. Deadline for ELECOM to Submit Chapter Elections Results to National Secretary — 01 March 2021

The foregoing Questions & Answers (Q&A) have been prepared to clarify certain issues regarding the conduct of the elections for Chapter Officers, and accordingly, to supplement, amend or modify, as the case may be, the Guidelines for the 2021 Elections for Chapter Officers earlier approved by the 24th Board of Governors.

APPROVED BY RESOLUTION OF THE 24TH BOARD OF GOVERNORS ON 19 DECEMBER 2020

(SGD.) DOMINGO EGON Q. CAYOSANational President &

n Note from the Publisher: Copied verbatim from the official document. Irregular Numerical Sequence.