An Analysis of an Appropriate Preparation for the First PhilRES National Election Based on the Approved & Ratified PhilRES Amended Bylaws
MEMORANDUM
DATE: December 11, 2017
FOR: The National President & the National Directorate
FROM: Jaime A. Cura, PhilRES Executive Director
SUBJECT:
- An Analysis of an Appropriate Preparation for the First PhilRES National Election Based on the Approved & Ratified PhilRES Amended Bylaws
- A Proposed Timeline of Activities vis-à-vis the National Election
Gentlemen & Ladies:
In order to facilitate the Board discussion on the preparation for the First PhilRES National Election under the guidance of the newly ratified PhilRES
Amended Bylaws of November 12, 2017, I have taken the initiative of reviewing the pertinent provisions of said Bylaws on the preparation and conduct of the national election.
Taking into consideration the various timelines specifically provided by the bylaws for certain activities, I have marked specific dates on the current calendar in order to schedule all the activities that must be undertaken and complied with in accordance with the Bylaws.
As you know, there are two important Articles in our Bylaws that refer to the National Election. These are Article X on the Transitory Provisions and Article V on Elections.
I am including in this memo the text of both Articles insofar as they contain specific provisions on the subject at hand. The verbatim provisions are printed in black, but the specific items of interest are highlighted in blue. My own insights and comments on the implication of such provisions for our preparatory activities are highlighted in red and underlined.
It goes without saying, of course, that this initiative is purely my own and is therefore subject to your approval in its entirety.
Very truly yours,
Jaime A. Cura
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Article X – TRANSITORY PROVISIONS
Section 67. FIRST NATIONAL AND CHAPTER ELECTION. All pertinent provisions shall be implemented by the incumbent National Board for the holding of the First National and Chapter Elections.
A national COMELEC shall be installed within 30 days after ratification of these ByLaws.
Since the Ratification of these Bylaws was held on November 12, 2017 (in Cebu), the national COMELEC shall be installed no later than December 12, 2017.
The National Election shall be held within or before the Second Week of May 2015. The elected national directors shall assume office a month after the election and shall serve until December 31, 2016.
The first National Election shall be held within or before the Second Week of May 2018.
(The day itself could be May 6, 2018, a Sunday.)
Therefore, we have a preparatory period consisting of a total of 21 weeks from the designation of the COMELEC until the election itself - two weeks in December, the entire months of January, February, March, and April, and one week in May, 2018.
The elected national directors shall assume office a month after the election, or within or before the Second Week of June, 2018 (could be June 6, 2018), and shall serve until December 31, 2019.
The chapter elections shall be held after the national election but no later than the second week of October 2014. Elected chapter directors shall assume office a month after the election and shall serve until December 31, 2015.
The chapter elections shall be held after the national election but no later than the second week of October 2018. Elected chapter directors shall assume office a month after the election and shall serve until December 31, 2019.
ARTICLE V – ELECTIONS
Section 44. FORM. The election of qualified candidates for both national and local positions shall be conducted democratically and all members in good standing shall be eligible to vote or be voted upon. The conduct of elections shall be announced no later than three (3) months before the electoral exercise itself.
If the national election will be held on May 6, 2018, the conduct of elections shall be announced no later than February 6, 2018.
Section 45. REGULAR ELECTION. A national election shall be held within the 2nd week of November every other year, while chapter elections shall be conducted within the 2nd week of December of each year.
The mode of election of national directors shall be through ballot-by-mail in accordance with election rules to be determined by the national directorate and administered by a committee on elections (COMELEC) whose members shall be appointed by the national directorate.
The ballot-by-mail as the preferred mode of election of national directors will require the active and faithful participation of the chapters. Each chapter is assumed to be responsible for collating the ballots of their members, tallying these, recording the correct count, sealing these in a prescribed mode, and sending them to national COMELEC by a prescribed mode.
Section 46. SPECIAL ELECTION. A special election may be called by the National Board in the event that a majority of the elected officers on either the National or Local Boards voluntarily resign, or are disqualified to practice or whose membership has been forfeited or terminated after observance of due process.
The electoral exercise shall be scheduled within two (2) months for the National Board and within a month for the local chapter, after the determination of such need in a regular meeting.
Section 47. NATIONAL ELECTION RULES. Three (3) months before any regular electoral exercise, the National Directorate shall enact the PhilRES Election Rules that will be used for electing officers both for the National Board and the Local Chapters and shall appoint a Committee on Elections (COMELEC) that shall administer the entire election process.
No later than February 6, 2018, the National Directorate shall approve and enact the PhilRES Election Rules that will be used for electing officers both for the National Board and the Local Chapters. The COMELEC that it earlier constituted on December 12, 2017, shall implement these Election Rules.
To play safe, it is suggested that instead of February 6, the deadline for approval and enactment of the PhilRES Election Rules should be January 23, 2018, or two weeks before the ultimate deadline.
Therefore, the COMELEC has about weeks to formulate the proposed Election Rules and submit these for the approval of the National Directorate. Deadline for COMELEC submittal of the Election Rules should be January 16, 2018.
Notice of the approval of such rules shall be published in a newspaper of general circulation. The actual Election Rules shall be posted in the official PhilRES website with official copies furnished to all Local Chapter Boards, the PRBRES, and the PRC.
By January 30, it is suggested that:
- The Secretary General shall cause the publication of the approved Election Rules in a newspaper of general circulation.
- The Secretary General shall also check and update the official PhilRES website with the official announcement of the National Election and the publication of the Election Rules.
- The Secretary General shall also mail official copies of the Election Rules to all Local Chapter Boards, the PRBRES, and the PRC.
The Election Rules shall provide guidelines for implementation, among others, of the following mandatory election provisions:
Nomination to the National Directorate
a. Nominations for the election of national directors shall emanate from the Local Chapters.
Under these amended bylaws, the role of chapters in the election of our national directorate is most important. They will nominate the candidates and they will collect, tally, and remit the ballots from the chapters to the national COMELEC. It is important that all chapter presidents and/or officers are properly informed of these responsibilities.
It is, therefore, suggested that an Assembly of Local Chapter Presidents be convened in mid-January, 2018, for proper briefing and orientation on this matter. The Assembly could also be an occasion to revive the flagging spirits of our PhilRES forces nationwide. For this purpose, an assembly similar to what we had at the Club Filipino shortly after RGV’s assumption of the presidency, could be organized.
b. Nominations shall be submitted at least two (2) months before the actual election.
Deadline for Nomination of Candidates for the National Directorate from the Chapters would be February 27, 2018.
This will allow the National Board enough time to validate and announce the official list of Members in Good Standing on March 6, 2018, or at least 60 days before the national election.
c. The National Board, through the COMELEC, shall release the official list of members in good standing who are eligible for nomination at least 60 days before a national election and 30 days before a local election.
d. Only members in good standing with chapter residency of six (6) months shall qualify for nomination.
e. A member can only be nominated once, regardless of the number of licenses acquired or sectors represented.
f. A member can accept a nomination only from one chapter.
g. A local chapter may nominate as many candidates as there are sectoral seats t o be represented on the National Board.
Election
h. The COMELEC shall release the official Master List of National Candidates no later than 45 days before the election.
The COMELEC shall release the official Master List of National Candidates no later than March 22, 2018.
i. The election of national directors shall be undertaken by the chapters through ballot-by-mail and in accordance with the election rules to be laid down by the national directorate and administered by the COMELEC that it shall appoint.
j. Members in Good Standing shall participate in election proceedings at the chapter level. Proxies may be used for both quorum and voting purposes. An election is deemed valid upon actual voting at the chapter level by a simple majority of the quorum.
The mode of voting under these Bylaws will allow chapter members in good standing to participate through a meeting called for the purpose by their chapter president. It will be important to synchronize the chapter election activities with the national deadlines.
National Board.
n. No elected member shall serve for more than three (3) consecutive terms.
Chapter Election.
o. For chapter elections, nomination and actual election shall be held on the same day.
Proclamation and Protest
p. Proclamation of election winners shall be done immediately after the national canvassing of votes.
q. No winning candidate shall be proclaimed who is subject of an election protest.
r. An election protest that has been denied by the COMELEC may be appealed to the National Board within 15 days. The Board shall render a final and executory decision on or before December 28.
The Board shall render a final and executory decision on or before May 21, 2018.
Section 48. COMELEC. The Election Rules shall be implemented by a Committee on Election (COMELEC) to be appointed by the national directorate.
The COMELEC shall consist of five members, one of whom shall be appointed Chairman. Their tour of duty begins four (4) months before the actual conduct of the electoral exercise and continues until after two (2) months from the conclusion of the election.
The COMELEC members to be appointed on December 12, 2017, shall serve for at least four (4) months or until May 6, 2018 before the actual conduct of the electoral exercise and continue until July 6, 2018, or after two (2) months from the conclusion of the election.
On the other hand, the Local Committee on Election (Local COMELEC) shall be appointed by the Local Directorate and shall be tasked to oversee the appropriate exercise. It shall be composed of respected chapter members who belong either to the local chapter or to other nearby chapters.
PHILRES FIRST NATIONAL ELECTION TIMELINE
(Based on May 6, 2018, as a suggested Date for the National Election)
NOVEMBER 12, 2017 - Ratification of the Amended PhilRES Bylaws
DECEMBER 12, 2017 – Appointment of the National COMELEC Members, who shall
serve for at least four (4) months or until May 6, 2018 before the actual conduct of the electoral exercise and continue until July 6, 2018, or after two (2) months from the conclusion of the election.
JANUARY 16, 2018 – Deadline for COMELEC Submittal of Draft Election Rules for
Approval by the National Directorate
JANUARY 23, 2018 – Deadline for approval and enactment of the PhilRES Election Rules
by the National Directorate
JANUARY 30, 2018 - Secretary General completes the following:
Cause the publication of the approved Election Rules in a newspaper of general circulation;
Check and Update the official PhilRES website with the official announcement of the National Election and the publication of the Election Rules; and
Mail official copies of the Election Rules to all Local Chapter Boards, the PRBRES, and the PRC.
FEBRUARY 6, 2018 - Announcement of National Elections
FEBRUARY 15, 2018 – Assembly of Local Chapter Presidents for the following purposes:
Reinvigorate the chapter presidents and officers
Brief and Orient them on their Critical Roles in the Election Process
Ensure compliance with deadlines
FEBRUARY 27, 2018 – Deadline for Nomination of Candidates for the National
Directorate from the Local Chapters
MARCH 6, 2018 – Announcement by the National Directorate of the Official List of
Members in Good Standing & Eligible to Vote or Be Voted Upon
MARCH 22, 2018 - COMELEC releases the Official Master List of National Candidates
MAY 6, 2018 - NATIONAL ELECTION & CANVASSING
MAY 21, 2018 - Final and executory Board decision on any election protest filed within
15 days after the election.
May 6, 2018 – National Election
June 6, 2018 – Newly-elected National Directors assume office
December 31, 2019 – First Elected National Directors end office