CURRENT PROPOSED CHAPTER IX ELECTIONS Administrative Manual ELECTION CODE OF THE PHILIPPINE OBSTETRICAL AND GYNECOLOGICAL SOCIETY (Foundation), INC. ARTICLE I GENERAL PROVISIONS ARTICLE I ELECTION CODE Section 1 - Name Section 1 – Name This code shall be known as the Election Code of the PHILIPPINE OBSTETRICAL AND GYNECOLOGICAL SOCIETY (Foundation), INC. This code shall be known as the Election Code of the Philippine Obstetrical and Gynecological Society (Foundation), Inc. The Election Code shall govern the manner of election of the Society. Section 2 - Declaration of Principles Section 2 - Declaration of Principles 1. The right of suffrage is a universal and individual human right. It should be the responsibility of each and every member of the Society that this right is upheld at all times. 1. The right of suffrage is a universal and individual human right. It should be the responsibility of each and every member of the Society that this right is upheld at all times. 2. Membership in the Board of Trustees is both an honor and a privilege. Campaigning for the position is undignified "Let the position seek the man and not the man seek the position." 2. Membership of the Board of Trustees is both an honor and privilege. Campaigning for the position is undignified. “Let the position seek the man and not the man seek the position” Section 3 - General Provisions 3.1 Qualifications 3.1.1 Only members in good standing are qualified to vote. 3.1.2 A candidate must be a Fellow and active in the last five (5) consecutive years prior to his candidacy. An active member complies with the attendance requirements of the Society; is not under censure nor under suspension; and is not delinquent in the payment of his financial obligations, as defined in Section 4, Article I, By-Laws. Page 1 of 11 3.2 Manner of Elections 3.2.1 Election of Members of the Board of Trustees The members of the Board of Trustees shall be elected annually during the Annual Business Meeting for a term of one (1) year. They will automatically assume office on the first of January of the coming year. 3.2.2 Election of Officers The Chairman of the COMELEC shall conduct the election of officers immediately after the election of the Board of Trustees. In case of failure to elect, the election could be postponed provided it shall be held one week after the Annual Business Meeting as provided in the By-Laws. Section 3 - Implementing Body Section 4 - Implementing Body This code shall be enforced and administered by an independent body known as the Committee on Elections as provided in Article VII, Section 2 of the By Laws. This code shall be enforced and administered by an independent body known as the Committee on Elections as provided in Section 3, Article IV. Section 4 - Effectivity Section 5 - Effectivity This code has been adopted by the Society during the Annual Business Meeting of 1979 and took effect immediately thereafter. (Updated 2010 & 2011) This code has been adopted by the Society during Annual Business Meeting of 1979 and took effect immediately thereafter. (Updated 2010, 2011 and 2015). Article II The Committee on Elections Article II COMMITTEE ON ELECTIONS Section 1 - Composition, Appointment, and Tenure Section 1 – Power The composition, appointment and tenure of the members of the Committee are provided for in Article VII, Section 2 of the By-Laws of the Society. The Committee on Elections or COMELEC has the sole authority to manage and conduct the elections of the Society. Page 2 of 11 Section 2 Powers and Functions In order to effectively implement Article VII, Section 2 of the By-Laws, the following are provided 1. The Committee on Elections shall enforce all election rules and regulations. 2. It shall promulgate implementing rules and regulations for the proper enforcement of this code. 3. It shall decide all election protests and violation in the conduct of the elections. 4. It shall impose penalties on violation s of this Code. 5. It shall appoint deputies to police the election. 6. It shall have the power to postpone, suspend and/or cancel-an election. Section 2 – Functions 2.1 The COMELEC shall administer the Election Code of the Society. 2.2 It shall be the sole judge of all protests and complaints relating to the election returns and qualifications of all members of the Board of Trustees and the Officer of the Society. 2.3 The Chairman of the COMELEC shall conduct the election of the Officers of the Society from among the proclaimed winners for the Board of Trustees of the Society. 2.4 All decisions rendered by the COMELEC shall be final, unless, appealed to the appropriate body within thirty (30) days. 2.5 It shall have the power to postpone, suspend and/or cancel an election Section 3 - Composition, Appointment and Tenure 3.1 The Committee on Elections shall be composed of a Chairperson and four (4) members preferably past Presidents of the Society. 3.2 The Chairperson and the members shall be appointed by the President with the approval of the Board of Trustees for a term of three (3) years. Section 3 - Duties and Obligations I. The Committee on Elections shall prepare the annual list of qualified voters before election day every year. 2. It shall receive, screen and announce all candidates who qualify from the list submitted by the Nominating Committee and shall request them to comply, if interested, with the requirements not later than September 15 of each year. 3. It shall provide the members of the Society with the list of qualified candidates through: a) Publication in the POGS Newsletter on or before the Annual Convention. b) Distribution of the Candidate's Brochure on or before the Annual Business Meeting. 4. It shall supervise and police the pre-election activities of candidates, Electors, and instrumentalities of the Society. 5. It shall provide the paraphernalia for the election. 6. It shall conduct the entire election proceeding on Election Day. Section 4 - Duties and Obligations 4.1 It shall receive and announce all candidates who qualify from the list submitted by the Committee on Nominations. 4.2 All confirmed candidates shall comply with the requirements not later than September 15th of each year. 4.3 The Committee on Elections shall prepare the annual list of qualified voters before Election Day every year. 4.4 It shall supervise and police the pre-election activities of candidates, electors, and instrumentalities of the Society. 4.5 It shall provide the paraphernalia for the election. 4.6 It shall conduct the entire proceeding on Election Day. Page 3 of 11 Section 5 - Announcement of candidates 5.1 It shall announce the candidates thirty (30) days prior to the Annual Business Meeting of each year through the media (Newsletter, Website or Individual Letters) It shall prepare a standard Candidate’s brochure to be circularized to all members of the Society during the Annual Convention. Section 6 - Meeting and Quorum 5.2 Section 4 - Meeting and Quorum 1. The Committee on Elections shall meet within one week after the deadline for nomination,-to screen and announce the list of qualified candidates. 2. It shall sit enbanc for the entire election proceedings. 3. It shall sit enbanc to decide all election protests and all other matters pertaining to the election. 4. It shall require the presence of three members at any meeting to constitute a quorum. Section 5 Accountability The Committee on Elections shall not be accountable to the members of the Society for decisions and actions made under the authority of this Code. Section 6. Removal from Office 1. Any member of the Committee on Elections may be removed from office by the Board of Trustees only for: a) Failure or incapacity to serve b) Causes specified in Article IV (Membership, Sections 6 (Duties and Obligations) & 7 (Dues, Fees and Assessment) of the By-Laws. 6.1 The Committee on Elections shall meet within one week after the deadline for nomination, to screen and announce the list of qualified candidates. 6.2 It shall sit en banc for the entire election proceedings. 6.3 It shall sit en banc to decide all election protest and all other matters pertaining to the election. 6.4 It shall require the presence of three members at any meeting to constitute a quorum. Section 7 - Accountability The Committee on Elections shall not be accountable to the members of the Society for decisions and actions made under the authority of this Code. Section 8 - Removal from Office Any member of the Committee on Elections may be removed from office by the Board of Trustees only for: 1. Failure or incapacity to serve 2. Causes specified in Article I, Sections 3 & 4 of the By-Laws Article VI Nomination of Candidates ARTICLE III COMMITTEE ON NOMINATIONS Section 1 – Power A candidate may be nominated by either of two methods 1) by a Nominating Committee, or 2) by Direct Nomination The committee on nomination shall have the authority to receive and screen eligibility of prospective nominees as candidates for the BOT in the Annual election of the Society by September 15th of each year. Page 4 of 11 Section 1 - By the Nominating Committee Section 2 - Functions 1. It shall nominate fifteen (15) Fellows who are best qualified as members of the Board of Trustees. No prior consent from the nominee is required. Preference may be given to the incumbent members who shall express a desire to run for re-election. 2.1 The committee shall announce the opening of nominations through : a. POGS Newsletter and Website b. Written communication to the POGS - Accredited Training Hospitals. 2. The Nominating Committee must ensure that nominees come from the sector they previously represented when elected in previous years. 3. Prospective nominees who have retired from their service institution must be given the privilege to choose the sector that he/she will represent, provided that there shall be no continuing appointment with the institution previously represented. 4. The Nominating Committee shall submit the list of the nominees to the COMELEC not later than September]. 2.2 The committee shall receive nomination in writing with the consent of the nominee from: a. Any two active members; or b. Recognized sectors of the Society 2.3 It shall nominate fifteen (15) Fellows from the NCR, minimum of four (4) from Luzon, two (2) from Visayas and two (2) from Mindanao who are best qualified as members of the Board of Trustees. Prior consent from the nominee is required. 2.4 The Nominating Committee must ensure that nominees come from the sector they previously represented when nominated or elected in previous years. 2.5 The Nominations Committee must ensure that nominees represent the sector(s) who nominated them. 2.6 It shall ensure that there is equitable distribution of all candidates from the different sectors. 2.7 Prospective nominees who have retired / resigned from their service institution must be given the privilege to choose the sector that he/she will represent, provided that there shall be no continuing appointment with the institution previously represented. 2.8 It shall submit the list of the nominees to the COMELEC not later than September 30th of the current year. Page 5 of 11 Section 2 - By Direct Nomination 1. Any two active members may nominate a candidate for membership in the Board of Trustees in writing to the Nominating Committee with the consent of the nominee. 2. The nominee shall complete the requirements and submit the same to the COMELEC for the screening not later than September 15 of each year. Section 3 - Composition, Appointment and Tenure 3.1 The Committee of five (5) members who shall be appointed by the President with the approval of the Board of Trustees for a tenure of three (3) years without prejudice to re-appointment shall preferably be past presidents of the Society for at least two (2) years or more before the current election year. 3.2 The Chairman who will assume office on his/her 3rd year shall be appointed by the President with the approval of the Board of Trustees for a term of one (1) year. Section 3 - Announcement of Candidates 1. The COMELEC shall announce the candidates thirty (30) days prior to the Annual Business Meeting of each year through media (Newsletter, website or individual letters). 2. It shall prepare a standard Candidate's brochure to be circularized to all members of the Society during the Annual Convention. Section 4 - Duties and Obligations 4.1 It shall receive and screen the eligibility of prospective nominees as candidates for the Board of Trustees’ in the Annual Election of the Society. 4.2 It shall follow the standard criteria in qualifying nominees for election to the BOT and the responsibility to fill-up the number of candidates as required and provided for. Page 6 of 11 4.3 It shall submit to the Committee on Elections with copy for information to the Board of Trustees through the President, the list of qualified candidates for the preparation of the Election Brochure and publication in the POGS Newsletter. ARTICLE IV The Candidates Section 1 - Qualifications As provided for in Article V-A, Section 2 of the By-Laws, a candidate must be a Fellow and must be active for the last five (5) consecutive years prior to his candidacy. Article IV, Sections 6, 7 & 8 of the By-Laws, defines an active member as one who complies the attendance requirements of the Society, is not under censure nor suspension from membership and is not delinquent in the payment of his financial obligations. ARTICLE IV CANDIDATES Section 1 – Qualifications 1.1 A candidate must be a Fellow and active in the last five (5) consecutive years prior to his candidacy. An active member complies with the attendance requirements of the Society; is not under censure nor under suspension; and is not delinquent in the payment of his financial obligations, as defined in Section 4, Article I of the By-Laws. 1.2 Prospective Nominees who have retired / resigned from their service institution must be given the privilege to choose the sector that he/she will represent provided that there shall be no continuing appointment with the institution previously represented. 1.3 The nominee must be an active member in good standing from the region that they are representing. 1.4 The incumbent members shall express in writing their willingness to run for re-election Section 2 - Requirements for Candidacy a) Certificate of Fellowship b) Statement from the Secretary and the Treasurer of the Society that he has been an active Fellow for the last jive (5) consecutive years prior to his candidacy. c) Properly accomplished candidate's form d) Candidate's signed statement of conformity. Page 7 of 11 Section 3 - Statement of Conformity Section 2 - Statement of Conformity All candidates must sign a statement conforming with all the election rules and regulations of the Society including the Election Code. All candidates must sign a statement conforming with all the election rules and regulations of the Society including the Election Code. ARTICLE V PROHIBITED ACTS AND PRACTICES ARTICLE V PROHIBITED ACTS AND PRACTICES Section 1 - Electioneering Section 1 - Electioneering Electioneering is prohibited not only on the part of the electors and all the instrumentalities of the Society who may, in one or way or another, exercise undue influence for or against a candidate. The COMELEC has the authority to define electioneering. Electioneering is prohibited not only on the part of the electors and all the instrumentalities of the Society who may, in one way or another, exercise undue influence for or against a candidate. 1.1 A candidate is prohibited from: a. Campaigning directly or indirectly in person or through mass media or electronic messaging. b. Distribution of campaign materials including writing of letters and other similar acts. c. Donations in cash or in kind to chapters and other Society-related entities for sports, projects, etc. d. Influencing a member to vote for him by acts, such as payment of dues, giving food and drinks, providing entertainment, hotel accommodations and other similar acts. e. Formation tickets, cliques and parties. f. Traveling on the excuse of conducting seminars, symposia and other similar acts outside those officially sanctioned by the Society. 1.2 An elector is prohibited from: a. Campaigning in behalf of or against a candidate. b. Soliciting proxy votes for candidates. c. Asking for assistance in cash or in kind from candidates. d. Holding seminars, symposia, post-graduate courses, etc. outside those officially sanctioned by the Society and inviting candidates to participate in such meetings. 1. A candidate is prohibited from: a) Campaigning directly or indirectly in person or thru mass media or electronic messaging. b) Distribution of campaign materials including writing of letters and other similar acts. c) Donations in cash or in kind to chapters and other Society-related entities for sports, projects, etc. d) Influencing a member to vote for him by acts, such as payment of dues, giving food and drinks, providing entertainment, hotel accommodations and other similar acts. e) Formation tickets, cliques and parties. f) Traveling on the excuse of conducting seminars, symposia, and other similar acts outside those officially sanctioned by the Society. 2. An elector is prohibited from: a) Campaigning in behalf of or against a candidate. b) Soliciting proxy votes for candidates. c) Asking/or assistance in cash or in kind from candidates. Page 8 of 11 d) Holding seminars, symposia, post-graduate courses, etc. outside those officially sanctioned by the Society and inviting candidates to participate in such meetings. 1.3 3. Instrumentalities of the Society are prohibited from: a) Endorsing a candidate by whatever means. b) Conducting seminars, symposia, post-graduate courses outside those officially sanctioned by the Society, with the participation of candidates. Instrumentalities of the Society are prohibited from: a. Endorsing a candidate by whatever means. b. Conducting seminars, symposia, post-graduate courses outside those officially sanctioned by the Society, with the participation of candidates. Section 2 - Penalties Section 2 – Penalties 1) Candidates found guilty of committing prohibited acts after due investigation by the COMELEC, shall be subject to either censure or disqualification as a candidate, and if elected, suspension from holding office, depending on the gravity of the prohibited act committed 2.1 Candidates found guilty of committing prohibited acts after due investigation by the COMELEC, shall be subject to either censure or disqualification as a candidate and if elected, suspension from holding office, depending on the gravity of the prohibited act committed. 2) Electors found guilty of committing prohibited acts after due investigation by 2.2 Electors found guilty of committing prohibited acts after due investigation by the the COMELEC, shall be subject to either censure or disenfranchisement. COMELEC, shall be subject to either censure or disenfranchisement. 3) Instrumentalities of the Society found guilty of committing prohibited acts after due investigation by the COMELEC, shall be subject to either censure, disenfranchisement of electors, or disqualification of the candidates being favored, unless such violations are made without the knowledge and consent of the candidate. 4) Article Vll The Election 2.3 Instrumentalities of the Society found guilty of committing prohibited acts after due investigation by the COMELEC, shall be subject to either censure, disenfranchisement of electors, or disqualification of the candidates being favored, unless such violations are made without the knowledge and consent of the candidate. ARTICLE VI THE ELECTION Section 1 - Date and Place Section 1 - Date and Place The election shall be held during the Annual Convention at such date and place determined by the Board of Trustees. The voting hours shall be from 7: 00 a.m. to 2:00 p.m., or to be determined by the COMELEC. The election shall be held during the Annual Convention at such date and place determined by the Board of Trustees. The voting hours shall be from 7:00 a.m. to 2:00 p.m. or to be determined by the COMELEC. Page 9 of 11 Section 2 - Voter's List Section 2 -Voter’s List The Committee on Elections shall make available a list of qualified voters to be posted in the Election Hall on Election day. The Committee on Elections shall make available a list of qualified voters to be posted in the Election Hall on Election Day. Section 3 - Announcement Paraphernalia Section 3 - Announcement Paraphernalia The Committee on Elections shall make available the equipment/materials necessary for the election, such as an election room, computers set up properly in the voting area and a printer. The Committee on Elections shall make available the equipment/ materials necessary for the election, such as an election room, computers set up properly in the voting area and a printer. Section 4 - Manner of Voting Section 4 - Manner of Voting 1. The manner of voting shall be by electronic ballot. 4.1 The manner of voting shall be by electronic ballot. 2. The voter must choose exactly eleven (11) names. Failure to do so will nullify the vote. 4.2 The voter must choose exactly eleven (11) names from the NCR, two (2) from Luzon, one( 1) from the Visayas, and one (1) from Mindanao. Failure to do so will nullify the vote. Section 5 - Appreciation of Ballots Section 5 - Appreciation of Ballots I. The COMELEC must ensure that the electronic ballot (computerized election database) included all the official nominees with the corresponding photo and full name with the middle initial. 5.1 The COMELEC must ensure that the electronic ballot (computerized election database) included all the official nominees with the corresponding photo and full name with the middle initial. 2. The COMELEC must ensure that the approved computerized election database is clear prior to the commencement of voting on election day, substantiated by a preliminary "print-out" election results page with a zero (0) mark. 5.2 The COMELEC must ensure that the approved computerized election database is clear prior to the commencement of voting on Election Day, substantiated by a preliminary “print-out” election results page with a zero (0) mark. 3. The COMELEC shall decide on all other controversies that may arise in the appreciation of ballots. 5.3 The COMELEC shall decide on all other controversies that may arise in the appreciation of ballots. Section 6 - Proclamation of Winners Section 6 - Proclamation of Winners 1. Printing of the official election results shall be done immediately upon the official termination of voting hours, signified and witnessed by the COMELEC. 6.1 Printing of the official election results shall be done immediately upon the official termination of voting hours, signified and witnessed by the COMELEC. Page 10 of 11 2. Proclamation of winners shall be done immediately upon certification of the official "print-out" election results by the COMELEC. 6.2 Proclamation of eleven (11) winners from NCR, two (2) from Luzon, one (1) from Visayas, and one (1) from Mindanao shall be done immediately upon certification of the official “print-out” election results by the COMELEC. 3. In case of a tie, for the last slot(s), the winner or winners shall be determined by a majority vote of the members of the COMELEC. 6.3 In case of a tie for the eleventh position from the NCR, the second position from Luzon, the position from Visayas and the position from Mindanao, the contenders should decide as to what is the best solution to break the tie, witnessed by the COMELEC. Section 7 - Election of Officers Section 7 - Election of Officers 1. The Committee on Elections shall conduct the election of Officers by secret ballot immediately after the proclamation of the new members of the Board of Trustees. 7.1 The Committee on Elections shall conduct the election of officers by secret ballot immediately after the proclamation of the new members of the Board of Trustees. 2. It is preferable that candidates for President and Vice President must have served in the Board for at least two terms and one term respectively. 3. Tickets or line-ups are not allowed. Nominations for particular positions may be required and the elections shall be conducted by a series of eliminations through secret balloting, considering all qualified Trustees as candidates in each position. 4. In case of a tie in the election for a particular position, a re-voting shall be conducted among the new members of the Board of Trustees specific for that particular post only. 5. In case of failure to elect, postponement is in order, provided that it shall be held within one week after the annual elections. 7.2 It is mandatory that candidates for President and Vice President must have served in the Board for at least two terms and one term respectively immediately prior to their election. 7.3 Tickets or line-ups are not allowed. Nominations for particular positions may be required and the elections shall be conducted by a series of eliminations through secret balloting, considering all qualified Trustees as candidates in each position. 7.4 In case of a tie in the election for a particular position, a re-voting shall be conducted among the new members of the Board of Trustees specific for that particular post only. ARTICLE VIII Amendments ARTICLE VII AMENDMENTS Amendments to this Code shall be made in accordance with provisions Article XV of the By-Laws. Amendments to this Code shall be made in accordance with provisions Article XII of the By-Laws Page 11 of 11