2015 proposed election code of the phil ob-gyn society

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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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