Virtual voting

IN

A MATTER of speaking, a Barangay Assembly (BA) is similar to the Stockholder’s Meeting (SM) in the corporate world in the sense that it is the highest policy making and decision making body. As it is supposed to be, the BA level, and not at the BC level. In reality, could overrule or overturn all the that is actually doable, because the policies and decisions made by the BA is supposed to be convened at Barangay Council ( BC), in much least twice a year, meaning that it the same way that the SM could could actually be convened as often overrule or overturn all the policies as necessary. and decisions made by the Board of By comparison, it could be said Directors (BOD) of a corporation. that the BA is better and is more Further explaining the similarities, powerful than the SM, because the the BC is only supposed to function latter only meets once a year. That like a BOD, in other words the BC is the advantage of the BA over the should be subservient to the BA, in SM, but the SM also has an advantage the same way that the BOD should over the BA, in the sense that it allows be subservient to the SM. proxy voting.

As it is supposed to be, in theory I think that it has never been and as it is written in the law, a discussed whether or not proxy barangay is practically a corporation, voting should be allowed in the and it could practically do what BA. As I see it however, I do not see any other corporation could do, why that is not possible, because such as borrowing money, lending our existing laws would allow the money, investing money and entering appointment or designation of an into joint ventures. The powers to Attorney- in- Fact ( AIF), be way of invest does not appear to have any a Power of Attorney (POA) that is limitation, because a barangay could granted to a nominee. invest in or go into joint ventures with As it is now, the POA is honored in private corporations, government all transactions, including financial agencies, local governments and even transactions. Since that is the case, other barangays near and far. there is really no reason why proxy

In other words, a barangay could voting should not be allowed in the also invest in a cooperative, for all BA. For that matter, even Filipino intents and purposes. Generally citizens who are abroad could vote in speaking, it could be said that a the BA through a POA that would be barangay could practically go into fully acknowledged or authenticated any business in partnership with any by a Philippine diplomatic or consular entity, for as long as it is approved office abroad. by the BA. Having gone around the bush,

Admittedly, I should say that the I would now go direct to the point approval could actually be given by saying that the bottom line in by the BC, but based on actual this controversy is the issue of experience and certain events in the authentication, or in other words, past, it would be best if investment the issue or question that should be decisions should be done at the BA answered is whether the person who has issued the POA is who he claims to be. Truth to tell, however, that is exactly what a Notary Public (NP) does, because it is he who certifies that the person who issues the POA or any other legal document is who he claims to be. For all intents and purposes, a Philippine Consul actually functions as an NP abroad, because he certifies or acknowledges that the person who signs any legal document is who he claims to be.

As it is now, the Electronic Commerce Act ( ECA) already provides for the admissibility of electronic evidence. Prior to that, the Supreme Court ( SC) already issued rules that provided for the admissibility of facsimile copies.

It seems to me that this issue should already be settled, but as we surely know it, the ECA still has to be reconciled or harmonized with the Omnibus Election Code (OEC). I am saying that, because I know as everyone knows that virtual voting or even proxy voting is still not allowed in all local and national elections. I am not sure whether the OEC could be