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EO

REPUBLIC OF THE PHILIPPINES


DEPARTMENT OF LABOR AND EMPLOYMENT
BUREAU OF LABOR RELATIONS

MANUAL OF PROCEDURES
FOR
ELECTION OFFICERS

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PRELIMINARIES
A. Basis and Short Title
This Manual of Procedures for Election Officers, hereinafter referred to as
Manual, is being issued pursuant to the mandate of the Bureau of Labor Relations in
the administration of union activities, particularly the conduct of certification election
and facilitation of election of union officers as provided under Book V of the Labor
Code and its Implementing Rules.
B. Coverage and Scope
This Manual covers the conduct of certification election and election of union
officers in the private sector in the exercise of their right to self-organization.
C. Policy and Construction

This Manual is intended to promote fullest respect to the right to selforganization. Consistent with the principle of organizational autonomy, it shall be
applied to afford every opportunity to members to freely decide among themselves,
through democratic processes established in accordance with law or the applicable
constitution and by-laws, all matters relating to the formation of or membership in
any association of workers, the choice of a bargaining representative and of officers,
and the determination of major policy decisions affecting organizational rights.

DEFINITION OF TERMS
a)
Appeal means the elevation by an aggrieved party to an agency
vested with appellate authority of any decision, resolution or order disposing the
principal issues of a case rendered by an agency vested with original jurisdiction,
undertaken by filing a memorandum of appeal.
b)
Bargaining Unit refers to a group of employees sharing mutual
interests within a given employer unit, comprised of all or less than all the entire body
of employees in the employer unit or any specific occupational or geographical
grouping within such employer unit.
c)

Bureau or BLR refers to the Bureau of Labor Relations.

d)
Cancellation Proceedings refer to the legal process of determining the
existence of a valid ground for the revocation of the registration of a union or
workers association.

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e)
Certification Election or Consent Election means the process of
determining through secret ballot the sole and exclusive representative of the
employees in an appropriate bargaining unit for purposes of collective bargaining or
negotiation. The election is referred to as certification election if the Department
orders its conduct. It is referred to as consent election if the parties, with or without
the Department facilitating the agreement, voluntarily agree on its conduct.
f)
Chapter/Local refers to a labor organization operating at the
enterprise level created by a federation and duly reported as such to the Department
in accordance with the Labor Code and its Implementing Rules.
g)
Collective Bargaining Agreement or CBA refers to the negotiated
contract between an employer and a duly recognized or certified exclusive
bargaining agent of workers concerning wages, hours of work, and all other terms
and conditions of employment in the appropriate bargaining unit.
h)
Confidential Employee is one who assists or acts in a confidential
capacity and who formulates, determines, and effectuates management policies in
the field of labor relations.
i)
Consolidation refers to the creation or formation of a new union arising
from the unification of two or more unions.
j)
De-registration of Agreement refers to the legal process for revocation
of CBA registration after a finding of the existence of a valid ground.
k)
Election Officer refers to an officer assigned by the Bureau or
Regional Director to conduct and supervise certification, consent, run-off or remedial
election, second balloting, election of union officers, and other forms of elections and
referenda.
l)
Election Proceedings refers to the period during a certification,
consent, run-off or remedial election, second balloting, election of union officers and
other forms of elections and referenda, starting from the opening to the closing of the
polls, including the counting and tabulation of votes, but excluding the period for the
final determination of the challenged votes and the canvass thereof.
m)
Eligible Voter refers to an employee who is a member of the
appropriate bargaining unit sought to be represented at the time of the filing of the
petition for certification election. It also refers to a bona fide member of a union or
workers association qualified to participate in an election of officers, referendum or
any other political exercise in accordance with the constitution and by-laws.
n)
Employee refers to any person working for an employer. It includes
one whose work has ceased in connection with any current labor dispute or because
of any unfair labor practice and one who has been dismissed from work but the
legality of the dismissal is being contested in a forum of appropriate jurisdiction.

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o)
Employer refers to any person or entity that employs the services of
others. An employer includes any person directly or indirectly acting in the interest of
an employer. It shall also refer to the enterprise where a labor organization operates
or seeks to operate.
p)
Establishment refers to an enterprise comprising one or more
bargaining units, whether organized or unorganized. A bargaining unit is organized
where there exists a recognized or certified sole and exclusive bargaining agent with
a duly registered collective bargaining agreement.
q)
Exclusive Bargaining Agent refers to a legitimate labor union duly
recognized or certified as the sole and exclusive bargaining representative or agent
of all the employees in a bargaining unit.
r)
Independent Union refers to any labor organization operating at the
enterprise level that acquired legal personality through independent registration
under Article 234 of the Labor Code and its implementing Rules.
s)
Interlocutory Order refers to any order pertaining to motions incidental
to the disposition of a dispute that does not finally dispose of the dispute on its
merits. This order is not subject of an appeal.
t)
Intervention refers to an action where a natural or juridical person
who is not a party to a case but may be affected by a decision may be made a party
by manifesting interest therein.
u)
Labor Organization refers to any union or association of employees
that exists in whole or in part for the purpose of collective bargaining or for mutual
aid, interest, cooperation and protection.
v)
Legitimate Labor Organization refers to any duly registered labor
organization. The term includes a local/chapter directly chartered by a federation or
national union and duly reported to the Department in accordance with the Rules.
w)
MALSU refers to the Mediation-Arbitration and Legal Service Unit of
the Regional Offices.
x)
Managerial Employee is one who is vested with powers or
prerogatives to lay down and execute management policies or to hire, transfer,
suspend, layoff, recall, assign or discipline employees.
y)
Mediator-Arbiter refers to the officer in the Bureau or Regional Office
authorized to hear and decide representation cases and inter/intra union and other
related labor relations disputes not falling under the jurisdiction of the Bureau or
Regional Director.
z)
National Union or Federation refers to a group of legitimate labor
unions organized for collective bargaining or for dealing with employers concerning
terms and conditions of employment for their member unions or for participating in
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the formulation of social and employment policies, standards and programs,
registered with the Bureau in accordance with the Rules.
aa)
Party-in-interest refers to any person who may be affected directly or
indirectly by a decision, order, or resolution in inter/intra or other labor related
disputes.
bb) Polling Area refers to the area within the building or structure where the
polling precinct is located.
cc)
Rank-and-File Employee refers to an employee not falling under the
definition of a managerial or supervisory employee.
dd)
Registration refers to the process of determining whether the
application for registration of a labor organization or workers association or collective
bargaining agreement complies with the documentary requirements for registration
prescribed in the Rules. Registration is a ministerial process. The determination of
compliance with the documentary requirements shall be limited to the formal
sufficiency of the documents and shall not include inquiry into their substantive
validity.
ee)
"Remedial Election" refers to the second certification or consent
election following the failure of the first election initiated through a motion by any of
the parties.
ff)

Rules refers to the Omnibus Rules implementing Book V of the Labor

Code.
gg)
Run-off Election refers to an election between the labor unions
receiving the two (2) highest number of votes in a certification or consent election
that resulted in none of the three or more choices receiving the majority of the valid
votes cast; provided that the total number of votes for all the contending unions is at
least fifty percent (50%) of the valid votes cast.
hh)
"Second Balloting" refers to a balloting administered by the election
officer in case a valid certification, consent, run-off or remedial election resulted in a
tie and the parties failed to agree on how to resolve the tie.
ii)
Supervisory Employee is one who, in the interest of the employer,
effectively recommends managerial actions and the exercise of such authority is not
merely routinary or clerical but requires the use of independent judgment.
jj)
Trade Union Center refers to any group of registered national unions
or federations organized for the mutual aid and protection of its members; for
assisting such members in collective bargaining; or for participating in the
formulation of social and employment policies, standards, and programs, and is duly
registered with the DOLE in accordance with Rule III, Section 2 of the Implementing
Rules.1
1

Section 1(p), Rule I, Book V, of the Implementing Rules, as amended by Department Order No. 9.

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kk)
Term of Office refers to the fixed period of five (5) years during which
the duly elected officers of a labor organization shall discharge the functions of their
office, unless a shorter period is stipulated in the organizations constitution and bylaws.
ll)
TSSD refers to the Technical Support Services Division of the
Regional Offices.
mm) Union Accounts Examiner refers to an officer of the Bureau or
Regional Office authorized to conduct an audit or examination of the books of
account, including all funds, assets and other accountabilities of a legitimate labor or
employees organization or workers association.
nn)
Valid Votes Cast refers to the totality of the votes cast by eligible
voters, and does not include the spoiled, segregated or challenged votes.
oo)
Workers Association refers to an association of workers organized for
mutual aid and protection of its members or for any legitimate purpose other than
collective bargaining.

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OVERVIEW
Situation: The BLR/Regional Director shall assign the case within twenty-four (24) hours upon receipt
of the entire records to an Election Officer in any of the following circumstances:
(a) upon finality of the decision of the Mediator-Arbiter where no appeal was taken or in case
the certification election is not appealable; or
(b) there is an entry of final judgment calling for the conduct of certification election, election
of union officers, referendum or other similar orders.
Period to complete the Pre-Election Conference: 40 calendar days

10 days from receipt of case records


30 days from first conference

Date of first conference


To finish the pre-election conference
from first conference and conduct
election

As the assigned Election Officer, it is your responsibility to:


1.
2.
3.
4.
5.

Notify the parties to pre-election conference;


Conduct the pre-election conference to determine the date, venue and time of the election;
Conduct the inclusion-exclusion proceedings;
Conduct the Certification Election; and
Report the Results of the Election to the Mediator-Arbiter.

Forms are hereby provided to assist the Election Officer for the fast and efficient conduct of the
Certification Election.
Remember:

The Election Officer shall have control over the pre-election conference and election
proceedings. (Section 1, Rule IX of DO 40-03, as amended)

This manual of procedure applies in certification and local elections.

Illustrated in the next page is the flowchart of the election proceedings.

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FLOWCHART OF THE ELECTION PROCEEDINGS
Start

Receives case records from


BLR/Regional Director
Send notice of pre-election
conference to the Parties

Conduct pre-election
conference
Prepare ballots and other
Election Paraphernalia

Requirements
for election
complete?

No

Yes
Post notice of the Certification
Election
Conduct Certification/Local
Election
Close the election and
canvass the ballots
Prepare minutes of the
election
Forward minutes to MediatorArbiter together with the entire
records of the case

End

Fig. 1

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TITLE I

PRE-ELECTION CONFERENCE
SUMMARY
A. Expected output and process cycle times
1. Notice to the parties of pre-election conference
Process cycle time: at least 24 hours upon receipt of case records
Prepare/Fill out Form No. 1 to send notice addressed to all
parties concerned, including the employer.
B. Conditions to implement the activity
1.
2.
3.
4.

Assignment of case from the BLR/Regional Director


Receipt of case records
Determined schedule and venue of the pre-election conference
Copy of Form No. 1 (Notice) and Form No. 2 (Posted Notice)

TITLE I

PRE-ELECTION CONFERENCE
A. NOTICE TO THE PARTIES

Situation: The Election Officer received the case records for the conduct of Certification Election.
Things to Do and Forms to use:
1. Set the first pre-election conference within 10 days upon receipt of the records
using Form No.1 (Notice of Conference).
2. Issue a Notice of Pre-Election Conference within 24 hours to all parties
concerned, including the employer.

When to do this:
case records

24 hours to issue notice of pre-election conference from receipt of the

Remember:

Set the first pre-election conference within 10 days from receipt. You have to issue the
notice within 24 hours.

It is advisable to use the form provided in this manual for uniformity. In case the Election
Officer wish to send a different notice, please remember to provide a directive to the
parties to appear and to submit during the pre-election conference the following
documents:
(a)
a certified list of all the employees in the bargaining unit and a copy of the
latest payroll from the date of actual filing of the petition for certification election in
case of a petition for certification election; or
(b)
a certified list of the union members in case of an election of union officers or
referendum.

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The incumbent bargaining agent (Forced Intervenor) shall automatically be one of the
choices in the certification election. (Section 7, Rule VIII of Department Order No. 4003)

TITLE II

CONFERENCE
SUMMARY
A. Expected output and process cycle times
1. Conduct of pre-election conference
Process cycle times:
a. for the first pre-election conference: within 10 days upon receipt
of case records
b. for all succeeding pre-election conferences: within 30 days from
the first pre-election conference
2. Defined Election Mechanics
Process cycle time: within 30 days after the first pre-election
conference
3. Conduct of inclusion-exclusion proceedings
Process cycle time: within 30 days after the first pre-election
conference
4. Establish list of candidates
Process cycle time: within 30 days after the first pre-election
conference
5. Accomplished Form No. 7 (Minutes)
Process cycle time: upon adjournment of the pre-election
conference
B. Conditions to implement the activity
a.
b.
c.
d.
e.

TITLE II

Notice to the parties of pre-election conference


Posted notice of pre-election conference with schedule and venue
Minutes of the previous pre-election conference, if applicable
Copy of Form No. 7 (Attendance and Minutes)
A certified list of all the employees in the bargaining unit and a copy
of the latest payroll from the date of actual filing of the petition for
certification election in case of a petition for certification election; or
a certified list of the union members in case of an election of union
officers or referendum
CONFERENCE
A. CONFERENCE DAY

Situation: It is the day of the conference. As Election Officers you are expected to act professionally,
maintain impartiality and perform your duties with integrity and efficiency.

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Things to Do and Forms to use:


1. Prepare Attendance Sheet and Minutes of the Conference. For this purpose, use
Form No. 7. Also prepare Form No. 6 or a soft copy of the draft Guidelines for the
Conduct of Certification Election for approval of the parties.
2. Start the Conference on time or when the parties are complete. Ask the parties to
sign the attendance sheet. Once it is complete, start the conference by
introducing yourself briefly and stating the purpose of the pre-election conference.
You may ask the parties to introduce themselves for records purposes.
3. Proceed with the determination of the Election Mechanics and Guidelines. This
will determine the date of election, venue, time of the election, how many
precincts should be created, how many election officers shall be needed, etc.
The following scenarios shall provide the Election Officer a quick guide on the pleadings that any
party may file from the issuance of the notice up to the day for pre-election conference.

Motion
What to Do
Re-setting of the Pre- Remember:
Election Conference
Motion for continuance or re-setting of preelection conference is not allowed.
Should one party failed to attend the scheduled
conference, the Election Officer may reschedule
the pre-election conference upon agreement with
other parties present. Such agreement shall be
indicated in the minutes of conference duly
signed by parties present.
Failure to attend the pre-election conference
shall constitute as a waiver of their right to be
heard.
Should both parties failed to attend, the Election
Officer shall put the same in the minutes and
shall cause the issuance of another notice of
conference to the parties.
Motion for Intervention
in Consent Election
Agreement.
Unorganized
Establishment

Motion for Intervention


in Consent Election

This scenario requires that the establishment must


be unorganized, there must be consent election and
the one requesting to intervene is a legitimate union.
1. Ask the agreement of the parties.
2. If the parties agree to the inclusion of the
intervenor, proceed with the pre-election
conference. Write this down in the Minutes.
3. In case of disagreement, the pre-election
conference shall be suspended and the Election
Officer shall endorse the entire records to the
Mediator-Arbiter for resolution.
This scenario requires that the establishment must
be organized, there must be consent election and
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Agreement. organized
Establishment

the one requesting to intervene is a legitimate union.


1. Ask the agreement of the parties.
2. If the parties agree to the inclusion of the
intervenor, proceed with the pre-election
conference. Write this down in the Minutes.
3. In case of disagreement, the pre-election
conference shall be suspended and the Election
Officer shall endorse the entire records to the
Mediator-Arbiter for resolution.

Motion to Inhibit the


Election Officer

The party shall file with the BLR or with the Regional
a motion for inhibition stating the grounds with the
evidence in support thereof. Thereafter, the BLR or
the Regional Director shall rule on the motion.
Upon the inhibition of the Election Officer, the
Regional Director shall re-assign the case to
another Election Officer. The records of the case
shall be transmitted to the newly assigned Election
Officer for the continuation of the election
proceedings.

Motion to Suspend
Proceedings on the
ground of Pendency of
Cancellation
Proceeding

Pendency of a cancellation proceeding for the


purpose of revoking the legal personality of a labor
organization shall not suspend the conduct of preelection conference.

Motion to Suspend on
ground of pending
appeal

No Motion for reconsideration or to suspend the


conduct of election pending appeal shall preclude
the conduct of the election EXCEPT upon an Order
by issued by the Court.

Remember:

The conduct of the Certification Election can ONLY be suspended if there is a


COURT ORDER (Temporary Restraining Order/ Writ of Preliminary Injunction)

B. Election Mechanics and Guidelines


It shall be the duty of the Election Officer to formulate the mechanics and guideline during the preelection conference. There is pro-forma Election mechanics and Guidelines (Form No. 6)
Things to Do:
The
following:

mechanics and guidelines must be agreed upon all parties that shall include the
(a) date, time and place of the election which shall not be later than thirty (30) calendar
days from the date of initial pre-election conference; on a regular working day from

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8:00 a.m. to 5:00 p.m. and within the employers premises, unless circumstances
otherwise require;
(b) number and location of polling places or booths and the number of ballots to be
prepared with appropriate translations, if necessary;
(c) name of watchers or representatives and their alternates for each of the parties
during the election, all of whom must be employees of the establishment or bonafide
members of the labor organization or workers association; and
(d) list of qualified voters;
Remember:

Agreement of the parties are essential in this activity.


Use Form No. 6 or a soft copy of the draft Guidelines for the Conduct of Certification Election
for approval of the parties.
The parties may agree on certain terms and conditions to be observed by the parties.
Election Officer/COMELEC shall keep the minutes of all matters raised and agreed upon
during the pre-election conference. The parties shall acknowledge the completeness and
correctness of the entries in the minutes by affixing their signatures thereon. Where any of the
parties refuse to sign the minutes, the Election Officer/COMELEC shall note such fact in the
minutes. In all cases, the parties shall be furnished a copy of the minutes.

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C. Venue of the Election.


The Election Officer shall encourage the employer to designate a space within the establishment that
will not hamper business operations within the premises, for the conduct of the election.
Things to Do and Forms to use:
1. The venue for the certification election must be within the establishment.
2. Encourage the employer to designate a space for the conduct of the certification election.
3. Use Form No. 7 (Minutes of the Conference) and indicate the agreed venue in the draft
election mechanics and guidelines.
Remember:

In case the employer is uncooperative, the labor organization or parties by agreement


may select a different venue in lieu of the workplace premises.

The Election Officer shall remind the employer of Article 288 2 and 289 of the Labor
Code and shall indicate the employers lack of cooperation in the minutes of the
conference.

Election Officer/COMELEC shall keep the minutes of all matters raised and agreed
upon during the pre-election conference. The parties shall acknowledge the
completeness and correctness of the entries in the minutes by affixing their
signatures thereon. Where any of the parties refuse to sign the minutes, the Election
Officer/COMELEC shall note such fact in the minutes. In all cases, the parties shall
be furnished a copy of the minutes.

Art. 288. Penalties. Except as otherwise provided in this Code, or unless the acts complained of hinge on a question of
interpretation or implementation of ambiguous provisions of an existing collective bargaining agreement, any violation of
the provisions of this Code declared to be unlawful or penal in nature shall be punished with a fine of not less than One
Thousand Pesos (P1,000.00) nor more than Ten Thousand Pesos (P10,000.00) or imprisonment of not less than three months
nor more than three years, or both such fine and imprisonment at the discretion of the court. In addition to such penalty, any
alien found guilty shall be summarily deported upon completion of
service of sentence.
Any provision of law to the contrary notwithstanding, any criminal offense punished in this Code, shall be under the
concurrent jurisdiction of the Municipal or City Courts and the Courts of First Instance. (As amended by Section 3, Batas
Pambansa Bilang 70)
Art. 289. Who are liable when committed by other than natural person. If the offense is committed by a corporation,
trust, firm, partnership, association or any other entity, the penalty shall be imposed upon the guilty officer or officers of such
corporation, trust, firm, partnership, association or entity.

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D. Inclusion-Exclusion Proceedings
Situation: The Election Officer/COMELEC shall direct the parties and the employer certifi the official
list of employees in the bargaining unit or the payroll to an inclusion-exclusion proceeding to come up
with an official list of qualified voters.

Things to Do and Forms to use:


1. In case the management refuse to give the list in the bargaining unit, the
list from the labor organization shall be used for the election.
2. In case of conflicting list, facilitate the harmonization of the list.
3. In case of disagreement in the qualifications of the voters, challenged
votes shall be allowed to vote but their votes shall be segregated.
4. Election Officer/COMELEC shall keep the minutes of all matters raised and agreed upon
during the pre-election conference.

Remember:

E.

As a general rule, all employees who are members of the appropriate bargaining unit
sought to be represented by the petitioner at the time of the issuance of the order
granting the conduct of a certification election shall be eligible to vote.

An employee who has been dismissed from work but has contested the legality of the
dismissal in a forum of appropriate jurisdiction at the time of the issuance of the order
for the conduct of a certification election shall be considered a qualified voter, unless
his/her dismissal was declared valid in a final judgment at the time of the conduct of
the certification election.

Employees not in included in the official list shall not be allowed to vote except by
agreement of the parties.

The parties shall acknowledge the completeness and correctness of the entries in the
minutes by affixing their signatures thereon. Where any of the parties refuse to sign
the minutes, the Election Officer/COMELEC shall note such fact in the minutes. In all
cases, the parties shall be furnished a copy of the minutes.

Submission of Certificate of Local Creation issued by DOLE

Situation: At least 5 days before the conduct of the Certification Election the Federation/National
Union or Local Chapter must submit the Certificate of Local Creation issued by the DOLE
Regional/Provincial/Field Offices.

Things to Do and Forms to use:


1. The period provided to submit the Certificate of Local Creation shall be
strictly applied.
2. Election Officer shall fill out Form No. 6, and shall furnish the parties a
copy thereof, including the employer.
3. Election Officer shall observe the following directives:
a) For unorganized establishments, the Election Officer shall report
the failure of the organization to submit the Certificate of Local
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Creation at least 5 days before the conduct of the certification
election and transmit the entire records to the Mediator-Arbiter for
the issuance of an Order.
b) For organized establishments, the Election Officer shall report the
failure of the organization to submit the Certificate of Local Creation
at least 5 days before the conduct of the certification election and
transmit the entire records to the Mediator-Arbiter. The MediatorArbiter shall issue an Order declaring the disqualification and direct
the deletion of the union at fault as one of the choices. The
Mediator-Arbiter shall provide new choices for the certification
election and the certification election shall proceed.
c) For establishments having 2 or more unions in the establishments,
the Election Officer shall report the failure of the union to submit the
Certificate of Local Creation and transmit the entire records of the
case to the Mediator-Arbiter. The Mediator-Arbiter shall issue an
Order declaring the disqualification and direct the deletion of the
union at fault as one of the choices. The Mediator-Arbiter shall
provide new choices for the certification election and the
certification election shall proceed.
TITLE II

CONFERENCE
F. PREPARATION OF THE BALLOTS

The Election Officer/COMELEC shall supervise the preparation of the ballots and election
paraphernalia, the number of which corresponds to the number of voters and a reasonable number of
extra ballots. For the guidance of the voters, ballots shall be prepared in English and Filipino or in
English and the local dialect.
The ballots shall be in accordance with Form No. 3 or 4, whatever is applicable. (Sample Ballot)

Remember:

All ballots shall be signed at the back by the Election Officer/COMELEC and a
representative of each of the parties in the presence of one another.

In case of numerous ballots, the parties may prefer the use of rubber stamps and
schedule a specific date for the signing of the ballot.

In case the certification election is going to be conducted at several locations, the


Election Officer shall prepare a Kit for distribution to the other Election Officers. The
Kit shall include:
f. set of ballots corresponding to the number of voters in the precinct;
g. extra ballots
h. copy of the election mechanics and guidelines
.

TITLE II
G.

CONFERENCE
POSTING OF NOTICE OF ELECTION

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Situation: The Election Officer shall inform the members of the bargaining unit of
the conduct of the Certification Election
Things to Do and Forms to use:
1. The Election Officer/COMELEC shall ensure the posting of the notice of
election at least ten (10) working days before the actual date of election in
two (2) conspicuous places within the employers premises.
2. In case the establishment has several branches, the posting shall be made
in all branches of the establishment where the certification election shall
be conducted.
3. The notice shall include the following: a) date, time and place of election;
b) names of the contending parties/unions; c) sample ballot; and d)
Election Mechanics and Guidelines; and e) list of eligible voters, in case of
certification election or list of qualified union. Use Form No. 3 for this
purpose.
Remember:

The posting of the notice of election, the information required to be included therein
and its duration cannot be waived by the parties.

TITLE III

CONDUCT OF ELECTION
SUMMARY

A. Expected output and process cycle times


1. Partially accomplished Form No. 8 (Minutes of Conduct of Election)
with the following entries:
a. Time of venue and ballot box inspection
Process cycle time: 1 hour before the start of the election
b. Time of opening of voting
Process cycle time: as stated in the Election Mechanics
c. Time of closing of voting
Process cycle time: as stated in the Election Mechanics
d. Number of spoiled ballots
e. Number of actual voters according to list
B. Conditions to implement the activity
1. Notice of Elections have been posted
2. Chartered union must have submitted its Certificate of Local
Creation 5 days before the election, otherwise the said union shall
be disqualified.
3. Official lists of the voters
4. Election Mechanics and Guidelines
5. Election paraphernalia are complete (ballots, envelopes, tabulation
sheets, etc.)
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6. Minutes of Conduct of Election (Form No. 8)
TITLE III

CONDUCT OF ELECTION
ELECTION DAY

Situation: The Election shall be conducted on the date and venue set in the guidelines.
Things to do:
The Election Officer/COMELEC shall perform the following:
(a) inspect the polling places, the ballot boxes and the polling booths to ensure that the same
were constructed, arranged and prepared to safeguard the secrecy and integrity of the
ballot;
(b) verify the presence of the watchers or representatives of the parties in the poll precincts;
(c) lock the ballot boxes with padlocks provided by the Election Officer and the parties.
When to do this: at least one (1) hour before the voting opens
Forms to be used/Documents Needed:
1. Approved Guidelines
2. Minutes of the Elections
3. Official List of voters
Remember:

Each party shall provide a padlock for each of the ballot boxes. Each ballot box shall
be locked with no less than three (3) padlocks as there are parties in the case if
warranted. The keys to the padlocks shall be kept by the watchers of each of the
parties that respectively provided them during the entire conduct of election.

In case no padlock is available, the Election Officer should ensure the sanctity of the
ballots are maintained during the entire proceedings.

A. Opening of the Election


The election shall commence at the time agreed upon by the parties, with or without the presence of
the parties representatives who shall be informed of such fact in the minutes of the pre-election
conference.
Things to Do:
1. Upon the declaration of the opening of the voting/precincts, the Election Officer will ask
the voter to present identification card before being issued a ballot;
2. When the Election Officer is convinced of the identification of the voter, an official ballot
shall be given to the voter. Thereafter, the voter shall countersign his/her name in the
official list of voters.
3. Employees who are not included in the official list of voters shall not be allowed to vote
EXCEPT by agreement of the parties. The employer is not a party to a Certification
Election.

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Forms to be used/Documents Needed:


1.
2.
3.
4.

Approved Guidelines
Minutes of the Elections
Official List of voters
Ballots

Remember:
Agreement of the parties is vital in allowing unlisted voters to participate in the
certification election.

B. Casting of Votes
If the Election Officer is convinced of the identification of the voter, an official ballot
shall be given to the voter. Thereafter, the voter shall countersign his/her name in the
official list of voters.
Things to Do:
1. Ensure that the voter countersigns his/her name in the official list of voters.
2. If the voter inadvertently spoils a ballot, he/she shall return it to the Election Officer
who shall destroy it and give him/her another ballot. The spoiled ballot can only be
replaced once.
3. Write down in the Minutes any issue/controversy that might happen during the
conduct of the election.
4. The ballot of a challenged voter shall be placed in an envelope which shall be sealed
by the Election Officer in the presence of the voter and the representatives of the
contending unions. The Election Officer shall indicate in the envelope the voters
name, the union challenging the voter, and the ground for the challenge.
Forms to be used/Documents Needed:
1.
2.
3.
4.

Official List of voters


Ballots
Minutes of the Election
Envelopes for segregated/challenged votes

Remember:
The sealed envelope shall be signed by the Election Officer and the
representatives of the contending unions. See Form No. 9 for sample sealed
envelope.

The Election Officer shall have custody of all envelopes containing the challenged
votes.

The opening and canvassing of the segregated votes shall be ordered by the
Mediator-Arbiter if they will materially affect the results of the election.

The Election Officer shall rule on any question relating to and raised during the
conduct of the election except on matters pertaining to any of the grounds for
challenge.

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The Election Officer/COMELEC shall note all observations on the conduct of the
election and all matters that transpired during the election, including any protest
raised by the proper party, the number of segregated ballots or extra ballots used,
if any. These matters shall be included in the minutes of the election.

C. Closing of the Election


The election shall close as provided in the election mechanics and guidelines.
Things to Do:
1. Ten (10) minutes prior to the closing of the election, the Election Officer/COMELEC shall
remind the representatives of the parties that the polling booths are about to be closed.
2. Close of election other than what is provided in the election mechanics and guidelines
shall be by agreement of all parties and shall be indicated in the minutes of election.
3. Any voter who has not cast his vote at the time the election should have been declared
closed shall be allowed to vote provided he/she is already within the polling area before
the closing of the election.
4. At the close of the election proceedings, in the presence of the parties, the Election
Officer/COMELEC shall destroy all unused official ballots and check the number of ballots
cast vis--vis the number of voters in the master list.
Forms to be used/Documents Needed:
1. Ballots
2. White Envelopes for segregated ballots, if any
3. Minutes of the Election
Remember:
Closing of the election other than the time stated in the Election Mechanics and
Guidelines shall be by agreement of the parties. The employer is not a party to a
Certification Election.

TITLE IV

CANVASSING OF BALLOTS
SUMMARY

A. Expected output and process cycle times


1. Tabulated ballots
Process cycle times: after the voting has been close
Votes shall be counted by applying the rules on appreciation of
ballots.
2. Consolidation of results (Only applies to elections with multiple
precincts)
Process cycle times: within 15 days after the election
3. Accomplished Form No. 8 (Minutes)
Process cycle time: upon completion of the counting
All Protests shall be included in the Minutes of the Conduct of
Election.
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Formal Protests shall be filed with the Mediator-Arbiter.


In case of failure of election, the Election Officer shall indicate
such fact in the minutes

B. Conditions to implement the activity


1. Voting was declared open.
2. Voters cast their votes.
3. Voting was declared close.
4. Tabulation sheet
5. Minutes of the Election
TITLE IV

CANVASSING OF BALLOTS
APPRECIATION OF BALLOTS

Immediately after the closing, the ballot box shall be opened in the presence of the parties and their
representatives and the votes read, counted and tabulated.

A. For Certification Election


For Certification Election, the counting shall be done by reading out loud the name of
the labor organization that has been marked with a check (). The Election Officer
shall see to it that the voter marks a check () inside the square opposite his/her
choice.
The following votes shall be considered spoiled or invalid:
i. No check () inside the square;
ii. A a check () or other marking is placed outside the square;
iii. Double or more markings inside and/or outside the square [e.g. two
(2) checks, two (2) crosses or a combination of cross (x) and check
(), etc.];
iv. The word yes, no, check, or cross;
v. Erasures or use of correction liquid or tape; and,
vi.
Placing of markings other than a check ().
B. For Election of union officers
For Election of union officers, the counting shall be done by reading out loud the name of the chosen
candidate subject to the conditions set forth below:
i.

A name or surname incorrectly written, which when read, sounds similar to the
name or surname of a candidate when correctly written, shall be counted in favor
of such candidate.

ii.

When only the first name or surname or alias of a candidate is written and there
is no other candidate with the same first name or surname or alias in the sector
where the voter cast his/her choice, the vote shall be counted in favor the of the
candidate.

iii.

A candidate may use not more than two (2) nicknames or aliases, which must be
stated in her/his certificate of candidacy.

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iv.

When only the first name of a candidate is written on the ballot, which is similar to
the surname of another candidate in the same sector, the vote shall be counted in
favor of the candidate with such surname.

v.

If there are two or more candidates in the same sector with the same first
name/surname/alias and one of the candidates is the incumbent representative,
the vote shall be counted in favor of the incumbent representative. When both
candidates are not incumbent representatives, the vote/s for the particular
position will not be counted.

vi.

When two or more names are written on the ballot and all of which are the
surnames of two or more candidates, the same shall not be counted unless it is
the surname of the incumbent representative, then its shall be counted in his/her
favor.

vii.

When on the ballot a single word is written which is the first name of a candidate
and at the same time the surname of another candidate, the vote shall be
counted in favor of the candidate whose surname is written.

viii.

When two (2) words are written on the ballot, one of which is the first name of a
candidate and the other is the surname of his opponent, the vote shall be counted
in favor of the candidate whose surname is written.

ix.

When the name of a candidate is crossed out on the space in the ballot and
another name is written, the vote shall be counted in favor of the latter.

x.

The erroneous initial of the first name, middle name and surname of a candidate
shall not annul the vote.

xi.

Any vote containing initials only or which does not sufficiently identify the
candidate for whom it is intended shall invalidate the ballot.

xii.

If three or more names of candidates were written in a single ballot, the ballot is
valid but the vote shall be counted only in favor of the first two candidates whose
names appear in the space provided.

xiii.

Only handwritten votes shall be considered valid.

xiv.

If on its face, a ballot appears to have been filed by two distinct persons, it shall
be considered null and void.

xv.

The accidental tearing of a ballot does not annul it.

xvi.

The first same, aliases, or nicknames of a candidate shall be considered valid as


long as there is no other candidate running for the same position with the same
name.

The following votes shall be considered spoiled or invalid:


i.
ii.
iii.
iv.
v.
vi.

No name of a candidate is written on the space intended for the purpose;


The name written on the space is not of any of the candidates for the position where
the voter cast his/her ballot;
Markings such as signature, cross (x), check (), or a square;
Any markings that can be interpreted as intended to identify the voter;
Erasures or use of correction tape or liquid; and
Torn, perforated or defaced ballot.

Minutes of the Election

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Upon completion of the canvass, the Election Officer/COMELEC shall prepare the minutes of the
proceedings, specifically:
(a) the time of arrival of the Election Officers and watchers at the election premises;
(d) the time of commencement and end of the election proceedings;
(e) all relevant events that transpired during the actual election, including the segregation of
ballots, objections, manifestations and protests coming from any of the parties on the
manner and conduct of the election;
(f) the results of the election and the manner it was conducted; and
(g) the number of qualified voters, valid votes cast, spoiled or invalidated ballots. Official
ballots prepared, official ballots used and tally sheets used.
Each of the parties shall be furnished a copy of the minutes, including the employer.
Remember:
Sample Ballots for Canvassing Purposes are provided in this Manual. Please see
Form No. 10 for sample appreciation of ballots.
The ballots, the tally sheets and the unopened segregated challenged votes, if
any, shall be placed by the Election Officer/COMELEC in an envelope which shall
be sealed, signed together with the watchers in the presence of one another. The
minutes of the election shall be attached outside the sealed envelope.
Where the election is conducted in more than 1 region, consolidation of results
shall be made within 15 days from the conduct of the certification election.

Any protest for violation of the rules prescribed in the election and/or eligibility of
voters shall be filed by a party to the Election Officer/COMELEC at any time prior
to the close of the election proceedings. All protest shall be entered in the
minutes of the election proceedings. Formal Protests shall be made with the
Mediator-Arbiter

When the eligibility of challenged voters has been passed upon favorably in a
final order, the Election Officer shall call the parties and their representatives to
witness the opening and canvass thereof.

To have a valid election, at least majority of all eligible voters in the appropriate
bargaining unit/labor organization must have cast their votes. Spoiled ballots shall
be included in the number of valid votes for the purpose of determining whether
the election was valid or not, provided the voter who cast the spoiled ballot is
eligible. The spoiled ballot, however, shall not be included in the canvass.

In case of failure of election, the Election Officer shall indicate such fact in the
minutes.

TITLE V

POST-CANVASSING
SUMMARY

A. Expected output and process cycle times


1. Transmitted results of election to the Mediator-Arbiter
Process cycle time: 24 hours from completion of canvass
The Election Officer/COMELEC shall prepare a report on the
conduct of the election and transmit all records pertinent thereto

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to the BLR or to the Mediator-Arbiter through the Regional
Director, as the case may be.
B. Conditions to implement the activity
1. Voting was conducted.
2. Tabulation of ballots was done.
3. Minutes of the Election was completed and signed by all parties.
4. Brown Envelope was sealed.
TITLE V
POST-CANVASSING
TRANSMITTAL OF RECORDS AND PROCLAMATION OF WINNER/S.
Situation: Upon completion of the canvass and there being a valid election.
Things to Do:
1. Put the Ballots and Election Paraphernalia inside a brown envelope, except the
Minutes of the Conduct of Election. Seal the envelope.
2. Attached the Minutes of the Conduct of Election to the envelope.
3. The Election Officer/COMELEC shall transmit the sealed envelope to the
handling Mediator-Arbiter, together with the minutes and results of the election,
within twenty-four (24) hours from the completion of the canvass for the
proclamation and certification of the union/union officers obtaining the highest
number of the valid votes cast.
When to do this: 24 hours from completion of canvass
Remember:
The Election Officer/COMELEC shall prepare a report on the conduct of the election
and transmit all records pertinent thereto to the BLR or to the Mediator-Arbiter
through the Regional Director, as the case may be.

The Mediator-Arbiter shall proclaim and certify the winner in the election unless: a) a
protest has been filed and formalized within five (5) days from the date of the election;
or b) a challenge or eligibility issue was raised which would materially affect the result
of the election.

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ANNEXES
Content
Form 1. Notice for Pre-election Conference
Form 2. Notice for Conduct of Certification Election (with
Attachments)
Form 3. Sample Ballot for Certification Election
Form 4. Sample Ballot for Election of Union Officers
Form 5. Sample Election Mechanics/Guidelines
Form 6. Minutes of Conference
Form 7. Minutes of Conduct of Election
Form 8. Sample sealed envelope
Form 9. Sample Ballots for canvassing purposes

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