Selg Constitution and By-Laws1
Selg Constitution and By-Laws1
Selg Constitution and By-Laws1
Rationale
Stipulated in Article II, Section XIII of the 1987 Philippine Constitution, the State
recognizes the vital role of the youth in nation-building and shall promote and protect
their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in
the youth patriotism and nationalism and encourage their involvement in public and
civic affairs.
The promulgation of Republic Act No. 9155 (RA 9155), or the Governance of Basic
Education Act of 2001, provided the returns framework for decentralizing the
governance of education to the field. The Department of Education (DepEd), through its
key reform thrust of School-Based Management (SBM), has continuously strived to
empower schools and learning centers to effectively address access and quality issues
in basic education. Through this policy, it is envisioned that the principles of shared
governance, efficient and effective School-Based Management shall be applied in all
schools, ensuring the delivery of quality education that is relevant to the context and
needs of every learner.
In accordance with the DepEd Order No. 31, s. 2022, titled Child Rights Policy:
Adopting the Right-Based Education (RBE) Framework in Basic Philippine
Education states that in RBE-DepEd, programs pertaining to child protection,
student governance and participation, health and nutrition, and gender sensitivity, for
example, are not viewed as extra, disparate or peripheral programs in basic
education. Instead, these programs are cohesively and consistently treated as an
integral part of basic education where the right to access education, right to quality
education and right to respect and well-being in the learning environment are
indispensable, interrelated, and interdependent, and should all be realized through
both the performance of obligations by duty-bearers, and the active participation of
children as rights-holders.
With the efforts to recognize the role of the youth in nation-building, to encourage public
and civic affairs involvement, to promote student governance and participation, to
decentralize the governance of education to the field, to empower the schools to
effectively address access and quality issues in basic education, and to mandate all
schools to conduct the youth elections and appointments, the Department of Education,
through the Bureau of Learner Support Services-Youth Formation Division (BLSS-YFD)
, has issued the Leamer Government Election and Appointment Code (LGEAC).
Scope and Functions
Section 1 These guidelines shall apply to all public elementary and secondary
schools nationwide. It shall cover the establishment of Learner
Government Commission on Elections and Appointments (LG COMEA)
under the management and supervision of DepEd Office of Undersecretary
for Operations-Bureau of Learner Support Services-Youth Formation
Division.
Section 2 Private schools and other institutions offering the K to 12 Basic Education
Program are also encouraged to implement these learner government
elections and appointment guidelines.
Definition of Terms
For the purposes of this policy, the following terms are defined as follows:
b. Canvassing refers to the process of validating the official tally of votes of the
election.
d. Digital Election refers to the mode of election were voting procedures and
canvassing of votes are done through an online platform.
g. Hybrid Election refers to the use of both digital and manual modes of elections.
Article I
Declaration of Princi ples and Objectives
Section 3 The LG COMEA shall be the forefront of honest and clean learner
government elections and appointments.
6.2 set the rules and regulations of the learner government elections
and appointments;
Article II
Commissioners
Composition
Section 1
Section 2
Qualification
2.1
The LG COMEA Chief Commissioner shall be the School Head and the
other commissioners shall come from teaching and non-teaching
personnel not handling any learner government.
3.1 Each commissioner shall hold office for one (1) school year.
3.2 The term of office shall start effectively from the date of oathtaking until
the end of the school year.
The Chief Commissioner shall issue a School Memorandum designating the four (4)
commissioners of the LG COMEA. In the case of schools with limited personnel, the
Chief Commissioner may designate personnel who will handle multiple commissions.
In accordance with the existing DepEd policies, the LG COMEA shall have the
following duties and responsibilities:
5.1 enforce rules and regulations, and administer the conduct of fair, honest,
credible, systematic elections and appointments;
5.3 administer the condu ct of fair, honest, credible, systematic elections and
appointments;
5.7 act on and resolve all complaints related to the elections and
appointment processes;
5.8
conduct the proclamation of the new set of learner government officers;
and
5.9
keep and secure all pertinent elections and appointment documents.
Section 6
Duties and Responsibilities of the Commissioners
6.1
The Chief Commissioner shall act as the Chief Executive Officer of the
commission and shall have the following duties:
6.2 The Commissioner on Screening and Validation shall have the following
duties:
6.2.1 evaluate all election and appointment related documents;
6.2.2 prepare the final list of qualified candidates for elections;
6.2.3 endorse the list of possible appointees as well as the consolidated
nomination documents;
6.2.4 validate the official results of the learner government elections;
6.2.5 submit the results to the Chief Commissioner;
6.2.6 post official results of the learner government elections in strategic
places in schools or accessible platforms;
6.2.7 prepare notice of meeting, minutes of the meeting and
resolutions related to learner government elections and
appointments;
6.2.8 preside over meetings related to evaluation and validation; and
6.2.9 secure and manage effective recordkeeping of all documents
before, during and after the elections and/ or appointment process.
6.3 The Commissioner on Electoral Board shall have the following duties:
6.3.l prepare the election paraphernalia;
6.3.2 regulate the utilization of the campaign materials prior to posting,
dissemination and publication;
6.3.3 conduct and facilitate the voting process;
6.3.4 ensure the confidentiality and integrity of the results;
6.3.5 tum-over the Tabulation Form for canvassing of votes to
Committee on Screening and Validation; and
6.3.6 oversee the conduct of the tiebreaking, if deemed necessary.
6.4 The Commissioner on Appointment shall have the following duties:
6.4.1 lead the evaluation and deliberation of the submitted documents
of the possible appointees as endorsed by the Screening and
Validation Committee;
6.4.2 prepare and submit the deliberated list to the Chief Commissioner;
6.4.3 inform the appointees of the result and post the official list in
the designated places or accessible platforms.
6.5 The Commissioner on Grievance shall have the following duties:
6.5.1 establish and manage the Election Help Desk during the
election proper;
6.5.2 review, validate, and conduct fact-finding on written complaints
received by the committee;
6.5.3 convene with other commissioners and/or concerned personnel in
resolving issues and complaints to ensure fair and just decision;
6.5.4 submit the initial decision of concerns to the Chief Commissioner
for approval; and
6.5.5 enforce sanctions based on the gravity of the offense committed by
the complainant.
Article Ill
Permanent Committees
There shall be five (5) permanent committees of LG COMEA: Executive , Screening and
Validation, Electoral Board, Appointment , and Grievance.
Section 1 The LG COMEA may adopt any of the following modes of elections:
1.1 For manual elections, voting procedures and canvassing of votes will be
done in-person.
1.2 For digital elections, voting procedures and canvassing of votes will be
done virtually , through an online platform, with the use of an existing
electoral procedure within the school or may also be adopted from other
schools.
1.3 For hybrid elections, voting procedures and canvassing of votes that use
both digital and manual.
Section 2 The modality and the schedule of the election activities shall be posted in
strategic places in schools or be disseminated in accessible platfonns
designated by the LG COMEA.
Article V
Screening
Section 1 Any learner who intends to run or be appointed for a certain position in
the Learner Government shall have the following qualifications:
1.1 Must be a bona fide learner of the current school year;
1.2 Must have good moral character; and
1.3 Must have no failing grade on the previous semester/ grading.
Section 2 The grade level qualification for an elective position in any Learner
Government shall be in accordance with this Code.
2.1 The elective positions for the elementary level are the President, Vice
President, Secretary, Treasurer, Auditor, Public Information Officer,
Protocol Officer, and Grade Level Representatives.
2.1.1 Regardless of the school type (small, medium, large, or mega), only
one (1) President and Vice President must be elected, and the
qualified candidate must be incoming Grades 5 -6.
2.1.4 For large schools, one Grade Level Representative for incoming
Grade 3 and two (2) representatives for each incoming Grades 4-6
must be elected.
2.1.5 For mega schools, two (2) Grade Level Representatives for each
incoming Grades 3-6 must be elected.
2.2 The elective positions for the secondary level are the President, Vice
President, Secretary, Treasurer, Auditor, Public Information Officer, and
Protocol Officer.
2.2.1 Regardless of the school type (small, medium, large, or mega}, only
one (1) President and Vice President shall be elected, and the
qualified candidate(s} must be:
a. incoming Grades 9-10 for Regular High School (offering Grades
7-10)
b. incoming Grade 12 for Stand-alone Senior High School (offering
Grades 11-12)
c. incoming Grades 11-12 for Integrated School (offering Grades
7- 12)
2.2.2 Regardless of the school type (small, medium, large, or mega), only
one (1) Secretary, Treasurer, Auditor, Public Information Officer,
Protocol Officer must be elected, and the qualified candidate(s)
must be:
a. incoming Grades 8-10 for Regular High School (offering Grades
7-10)
b. incoming Grade 12 for Stand-alone Senior High School (offering
Grades 11-12)
c. incoming Grades 8-12 for Integrated School (offering Grades 7-
12)
2.2.3 For small and medium schools, one (1) Grade Level Representative
for each incoming grade level must be elected, and the qualified
candidate(s} must be:
a. incoming Grades 7-10 for Regular High School (offering Grades
7-10)
b. incoming Grade 11-12 for Stand-alone Senior High School
(offering Grades 11-12)
c. incoming Grades 7- 12 for Integrated School (offering Grades
7- 12)
2.2.4 For large and mega schools, two (2) Grade Level Representatives for
each incoming grade level must be elected, and the qualified
candidate(s) must be:
a. incoming Grades 7-10 for Regular High School (offering Grades
7-10)
b. incoming Grade 11-12 for Stand-alone Senior High
School (offering Grades 11-12)
c. incoming Grades 7-12 for Integrated School (offering Grades
7- 12)
2.3 For schools not offering the specified grade levels, the elective positions
shall be made open to the highest grade level available.
Section 3 Elective positions for Grade Level Representative shall be solely intended
for SELG/SSLG.
Section 4 Each of the aspiring candidates for elections shall submit the
following requirements:
Section 6 After the evaluation, the official list of candidates shall be posted in visible
places in schools or be disseminated in accessible platforms as determined
by the LG COMEA.
Article VI
Campaign
Section 2 Modes of the Election Campaign. Schools shall adopt the modality that
is applicable to their context.
2.1 For in-person campaigns, all candidates from a political party may engage
in a classroom campaign with a maximum of ten (10) minutes, and a
maximum of three (3) minutes for independent candidates.
2.2 For virtual campaigns, the Electoral Board Committee shall regulate any
social media platform agreed upon by the LG COMEA.
2.3 For the combination of in-person and virtual campaigns, the Electoral
Board Committee shall regulate both modalities.
Section 3 Campaigns shall only be allowed during the prescribed period set by the
LG COMEA and done in such a manner that there is no disruption of the
learning process and other school functions.
Section 4 All campaign materials must be regulated and approved by the LG COMEA
prior to posting, dissemination, and publication.
Article VII
Election Proper
Section 1 The schedule of elections shall be in accordance with the DepEd Calendar
of Activities and other DepEd issuances.
Section 3 The LG COMEA shall determine the number of polling precincts for the
voters and shall be opened within school hours with no noon break.
Section 4 Voters are allowed to bring the list of candidates to vote for but are not
allowed to discuss or influence other voters inside the precinct.
Section 5 Each political party or independent candidate is allowed to have one ( 1)
poll watcher in each polling precinct.
Section 6 Poll watchers shall secure an Appointment Form and present it to the LG
COMEA during elections.
Section 7 Voters shall present a School Identification Card, or any alternative school
document as determined by the LG COMEA to the Electoral Board
Committee as a requisite to vote.
Section 8 The LG COMEA shall ensure that all polling precincts have the following:
8.1 an area that can accommodate voters;
8.2 readily accessible equipment and materials;
8.3 displayed list of candidates; and
8.4 a master list of voters.
Section 9 In case a voter violates the rules and regulations set by the LG COMEA,
his/her vote will be nullified.
Section 10 The Electoral Board Committee shall prepare the ballots which shall
contain voting instructions, a list of candidates, space for the voter's
thumb mark and/ or signature for manual elections, and
electronic identity verification for digital elections.
Section 11 For manual elections, the ballots in the polling precincts shall remain only
under the supervision of the Electoral Board Committee until the casting
of votes is finished and the counting of votes begins.
Section 12 For digital elections, the LG COMEA shall ensure the confidentiality of the
partial results and shall only be announced until the casting of the votes
is finished.
Article VIII
Tabulation and Canvassing of Votes
Section 1 The Electoral Board Committee shall tabulate the votes using the Election
Tabulation Form in the following manner:
1.1 ballot-by-ballot for manual elections;
1.2 utilization of authorized equipment, programs, or platforms for digital
elections; and
1.3 combination of the two preceding methods in hybrid elections.
Section 2 Regardless of the mode of elections, the partial and unofficial results
containing the position, name of the candidates, and tally, may be posted
in visible places in schools or be disseminated in accessible platforms as
determined by the Electoral Board Committee.
Section 3 The Screening and Validation Committee shall canvass the tabulated
votes using the Election Canvass Form.
Section 4 In case of tie, a toss coin, draw lots, or other similar methods agreed
upon by all concerned candidates shall be done and facilitated by the Chief
Commissioner.
Section 5 The canvassed results shall be reflected on the Registry of Elected Officers
and be endorsed by the Committee on Screening and Validation and to be
approved by the Chief Commissioner.
Article IX
Special Elections
Section 1 The LG COMEA shall conduct special elections under any of the following
circumstances only:
1.1 There is a vacancy of a certain position/ s except for presidency during the
term of office.
1.2 The vacancy of position may be caused by removal from office, death or
resignation.
Section 2 Special elections shall adopt the rules and procedures of the elections
from previous articles.
Article X
Appointment Guidelines
Section 1 The LG COMEA shall appoint the learner government officer/ s under
any of the following circumstances only:
1.1 No learner filed an Election Application Form for all positions before the
election proper.
1.2 There is/are remaining elective position/s which is/are not filled before
the election proper because there are no candidates for the position.
Section 3 Any learner may nominate possible appointees and submit a Nomination
Form to the Screening and Validation Committee. Self-nomination is not
allowed.
Section 4 The Screening and Validation Committee shall consolidate all Nomination
Forms and inform the nominated learners through a Communication for
Nominee.
Section Any learner who accepts the nomination shall submit a photocopy of
5 his/her School Form 9 (Learner's Progress Report Card), Certificate of
Good Moral Character, and Introductory Profile of their respective level
within three (3) school days upon receipt of letter of nomination to the
Screening and Validation Committee.
The Appointment Committee shall proceed with the deliberation for the
Section 7 purpose of shortlisting. The qualification for appointment shall be the
same as the qualification for election candidacy.
Section 11 The LG COMEA shall proclaim the appointees after the approval of
Appointment Forms.
Article XI
Proclamation and Oath of Office
Section 1 The LG COMEA shall proclaim the new set of officers after meeting the
following conditions:
1.1 Registry of Elected Officers has been approved; and/or
1.2 appointment process has been conducted (if applicable)
Section 2 The LG COMEA shall proclaim the new set of officers as witnessed by
all learners in ascending order of positions, thus Grade Level
Representatives first, then Protocol Officer, followed by the Public
Information Officer, until the President is proclaimed.
Section 3 Oath Taking of the new set of learner government officers shall take
place within school premises during a general assembly of learners as
scheduled by the LG COMEA and may also be done through an online
platform or livestream as approved.
Any learner or political party who has the knowledge on the alleged
Section 2 violation or offense, as described or defined in the article on Offenses and
Sanctions, shall fill out the Grievance Form, as assisted by any member of
the Grievance Committee, whether anonymously or with his/her name,
and submit it to the Commissioner on Grievance. However, verbal
complaints shall not be entertained.
Article XIII
Offenses and Sanctions
Section The offenses considered in this code are as follows, but not limited to:
1
1.1 Any candidate who, directly or indirectly, gives, offers, or makes
promises involving money or other valuables with the intention of
convincing someone to vote in favor of the said candidate or his/her
party; or opposes his/her opponent and/or the other party in elections;
or to cause to abstain from voting, or to oppose a candidate during a
convention or other similar political party selection processes;
1.6. Any candidate who discusses or influences other voters inside the
precinct/ s is strictly prohibited.
Section 2 The Commissioner on Grievance shall discuss and determine what the
appropriate sanction is needed to be imposed based on the offenses
described in Section 1 of this Article and on the gravity of the offense
committed by the respondent.