No overtime pay for teachers who worked in BSKE

MANILA, Philippines — Teachers who served as poll workers during the barangay and Sangguniang Kabataan elections (BSKE) will not receive overtime pay, according to the Commission on Elections (Comelec).

Comelec Chairman George Garcia said the poll body is restricted from providing extra pay to teachers who performed poll duties beyond 24 hours.

“Inasmuch as we would like to give, there is this joint COA-DBM circular which provides that only employees of an agency are entitled to claim overtime pay,” Garcia said, referring to the Commission on Audit and Department of Budget and Management memo.

“The teachers who served as electoral board members are not employees of Comelec,” Garcia said while adding budget provided to Comelec for the conduct of BSKE does not provide for overtime pay.

Garcia issued the statement in reaction to the call of the Teachers’ Dignity Coalition (TDC) for the Comelec to give overtime pay to teachers who served for more than 24 hours as poll workers.

The group said the honorarium for teachers serving as members of the electoral board (EB) was considered per diem, or a daily allowance, and computed based on three days – three eight-hour shifts – or 24 hours of nonstop work.

The Comelec has raised the honoraria to P10,000 for the EB chair and P9,000 for members. The service honoraria, however, are subject to 20-percent tax deduction.

Garcia said the Comelec hopes to pay the honoraria to all the teachers who served as poll workers by today.

Meanwhile, the Department of Education (DepEd) said yesterday that teachers who rendered services during the BSKE may be entitled to additional service credits.

Responding to reporters through Viber, DepEd Assistant Secretary Francis Cesar Bringas said teachers who were on duty for more than 24 hours last BSKE “could be given additional service credits on top of the five days service credits.”

Under Comelec Resolution No. 10933 dated June 21, 2023, teachers who work as election officers shall be automatically entitled to five days of service credits.

Bringas, however, said that while not convertible to cash, the additional service credits that may be given to teachers who rendered services beyond 24 hours during the BSKE are as good as leave credits to offset their absences.

Around 500,000 public school teachers served as poll workers during the BSKE on Oct. 30. Some 2,500 teachers backed out in the Bangsamoro Autonomous Region in Muslim Mindanao, most of them citing threats and security concerns in their respective areas.

Teachers’ liability

On Nov. 1, Garcia reiterated that the Comelec will look into the possible liability of teachers who backed out from serving as poll workers.

The TDC explained that a number of teachers were prompted to back out from performing poll duties for fear for their lives, adding that it is unlikely for teachers to think of sabotaging or intentionally delaying the elections.

Garcia said the Comelec respects the decision of teachers who backed out before the elections considering that poll duty is not mandatory.

However, he said there few teachers who backed out suddenly after the polling precincts opened and even refused to turn over the election paraphernalia to their replacements.

Interior Secretary Benhur Abalos, during a Kapihan sa Manila Bay forum on Nov. 1, expressed his support to Comelec’s plan to file charges against teachers who backed out from serving as poll watchers.

Meanwhile, the Alliance of Concerned Teachers (ACT) yesterday called on DepEd to provide aid to teachers who might be unjustly charged.

ACT chairperson Vladimer Quetua said some teachers’ decision to back out from serving during the BSKE was well within the exercise of their “right to life and security.”

Quetua said that stricter measures that would protect the teachers and impose heavier penalties against those who would harass them and sow fear during election period must be put in place.

“Teachers who serve as BEIs (Board of Election Inspectors) experienced first-hand several forms of harassment by the supporters and watchers of the candidates. On top of that was the heavy workload extending beyond 24 hours. This was no different from the situation of our teachers in schools – overworked, underpaid and under attack,” Quetua said in Filipino.

The ACT reiterated its call for higher and tax-free election service honoraria for teachers, additional compensation for extended poll work hours and enforced safety and security measures while they are on duty.

In a chance interview with reporters after she cast her vote at Daniel R. Aguinaldo National High School in Matina, Davao City on Oct. 30, Vice President and Education Secretary Sara Duterte gave assurance that legal aid will be provided, especially by the Public Attorney’s Office (PAO), to teachers who served during the 2023 BSKE.

Duterte cited the Memorandum of Agreement signed by DepEd, PAO and Comelec on Sept. 18, committing to protect teachers who render service during elections.

Based on the record of the Comelec around 8,000 teachers served as BEI chairpersons and members during the BSKE.