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Acting Director , LS
ActingChief of Staff
January 2016
Special Issue
Acting Chief,
Administrative and Resource and
Management Division
Supervisor, Panyerong
Pulis @ Ur Serbis 24/7
The
Commission
on
Elections
(COMELEC), pursuant to its power
vested by the Constitution, the
Omnibus Election Code, Republic Act
No. 9369, and other election laws,
issued Resolution No. 9981 prescribing,
among others, the prohibited acts
which must be avoided not only by
the candidates for National and Local
elective positions but also by ordinary
individuals in order to ensure the
conduct of an honest, orderly, clean,
credible and peaceful National and
Local elections this May 9, 2016. The
http://www.comelec.gov.ph/
COMELEC further issued Resolution No.
10015 promulgating the rules and
regulations on (1) the ban on bearing, carrying or transporting of firearms
or other deadly weapon, and (2) the employment, availment or
engagement of the services of security personnel or bodyguards, and
COMELEC Resolution No. 10029, which deals with the establishment and
operation of COMELEC checkpoints and with the authority of Chiefs of
Police in cities and municipalities to conduct preliminary examination on
violation of bans on forearms, other deadly weapons and security
personnel.
b.
involves Provincial, City/Municipal Treasurers and School
Division Superintendents and Assistant Superintendents;
c.
transfer or detail is inter-regional.
2. The Office of the Regional Election Director
a.
for field offices of including the NCR;
b.
All other officers and employees.
Period covered
Prohibited activity
Transfer or detail of any
officer or employee in
the civil service,
including public school
teachers
Exemption
Q:
How to request for authority to transfer, move, or detail a civil
servant during the election period?
A:
Q:
A:
March 25 - May 8,
2016
Prohibited activity
1. Appoint or hire any
new employee.
2. Create and fill any
new position
3. Promote or give any
increase of salary,
enumeration or
privilege.
Exemption
With prior authority
from COMELEC
No exemption
Q:
A:
Q:
A:
1. COMELEC Law Department for central or main offices of
national government agencies and GOCCs.
2. The Office of the Regional Election Director for field or local offices of
national government agencies and GOCCs.
3
5. The position shall not be filled in any manner that may influence
the election.
Q:
What are the requirement/s to create/fill new position, where and
how to file:
A:
Q:
A:
Renewal of appointments of temporary, casual, substitute and
contractual personnel. However, the complete list of such employees must
still be submitted to the COMELEC Law Department.
Q:
In case of urgent need to appoint or hire new employees, what
should be done?
Note: Appointment to a position which was vacant for more that 60 days
requires prior written authority from the COMELEC.
Note: The Civil Service Commission is enjoined not to approve the
appointment of new employees without prior written authority from the
COMELEC.
Note: Continuing authority to hire new employees from March 25 May 8,
2016 and transfer government employees from January 10 June 8, 2016 is
granted to the following government agencies:
1. The President of the Philippines;
2. Supreme Court, Court of Appeals, Sandiganbayan, Court of Tax
Appeals, and lower courts including SET and HRET;
3. PNP; and
4. Armed Forces of the Philippines (AFP).
A:
If an employee was already hired without prior authority from
COMELEC, the requesting office shall:
Notify the Commission thru the Law Department in writing within 3
days from the date of appointment or hiring stating
-exact date of appointment
-cause of vacancy
-reason for appointment/hiring
-all other necessary data or information
Q:
What are the instances where the hiring or appointment of new
employee be considered urgent?
A:
Q:
What are the conditions for the grant of such continuing authority/
A:
Note: The grant of authority for other agencies must be thru written
request subject to approval of the Commission En Banc.
3. Suspension of Elective Provincial, City, Municipal or Barangay
Officer
Period covered
January 10 June 8,
2016
Prohibited activity
1. Suspension of
Elective Provincial, City,
Municipal or Barangay
Officer
Exemption
A:
The term "election campaign" or "partisan political activity" refers to
an act designed to promote the election or defeat of a particular
candidate or candidates to a public office which includes:
-Forming organizations, associations, clubs, committees or other
groups of persons for the purpose of soliciting votes and/or
undertaking any campaign for or against a candidate;
-Holding political caucuses, conferences, meetings, rallies,
parades, or other similar assemblies, for the purpose of soliciting
votes and/or undertaking any campaign or propaganda for or
against a candidate;
-Making speeches, announcements or commentaries, or holding
interviews for or against the election of any candidate for public
office;
6
A:
When a candidate engages in election campaign or partisan
political activity on the dates specified by the COMELEC when
campaigning is prohibited.
The dates where campaigning is prohibited are on March 24, 2016
(Holy Thursday), March 25, 2016 (Good Friday), May 08, 2016 (Sunday;
election eve), and May 09, 2016 (Monday; election day). Campaigning
abroad is prohibited on April 09, 2016 (8:00 o clock a.m. of host country
time) to May 09, 2016 (7:00 oclock p.m., PHL time) (Sec. 22, RA No. 10590).
Q:
What case/s could be filed against those who will engage in illegal
campaign?
A:
Violation of Section 5, RA No. 7166 in relation to Section 64 of the
OEC.
7
VOTE-BUYING, VOTE-SELLING
(OMNIBUS ELECTION CODE)
COMELEC Resolution No. 9981 in relation to the Omnibus Election
Code enumerates the prohibited acts and Vote-buying
Q:
Mr. Offeror is a candidate for Congressman. He offered and gave
money to Mr. Acceptor in exchange for his vote during the election. Is Mr.
Offeror liable for any offense?
A:
Yes. Mr. Offeror is liable for Vote-buying under Section 261 of the
Omnibus Election Code (OEC).
Q:
If it was Mr. Conspirator who offered and gave the money to Mr.
Acceptor instead of Mr. Offeror, the candidate for Congressman, is Mr.
Conspirator also liable for any offense?
A:
Yes, Mr. Conspirator, although not a candidate, is also liable for
vote-buying because vote-buying is committed by any person who gives,
offers or promises money or anything of value, gives or promises any office
or employment, franchise or grant, public or private, or makes or offers to
make an expenditure, directly or indirectly, or cause an expenditure to be
made to any person, association or corporation, entity or community in
order to induce anyone or the public in general to vote for or against any
candidate or withhold his vote in the election, or to vote for or against any
aspirant for the nomination or choice of a candidate in a convention or
similar selection process of a political party.
Q:
If Mr. Acceptor received the money and voted for Mr. Offeror, is Mr.
Acceptor liable for any offense?
A:
Q:
If Mr. Acceptor received the money but did not vote for Mr. Offeror,
is he still liable for any offense?
A:
Yes. He will still be liable for vote-selling pursuant to the above-cited
definition. However, pursuant to the case of COMELEC vs Tagle, G.R. Nos.
148948 & 148951-60, February 17, 2003, Mr. Acceptor may choose to seek a
grant of immunity. In the said case, there was a grant of immunity from
criminal liability in favour of the party whose vote was bought in order to
encourage the acceptor to come into the open and denounce the
culprit-candidate.
Thus, it was promulgated in the said case that: The giver, offeror,
the promisor as well as the solicitor, acceptor, recipient and conspirator
referred to in paragraphs (a) and (b) of Section 261 of the OEC shall be
liable as principals: Provided that any person, otherwise guilty under said
paragraphs who voluntarily gives information and willingly testifies on any
violation thereof in any official investigation or proceeding shall be exempt
from criminal prosecution and punishment for the offenses with reference
to which his information and testimony were given: Provided further, that
nothing herein shall exempt such person from criminal prosecution for
perjury or false testimony.
Q:
Mr. Solicitor went to Mr. Offeror, a candidate for Congressman,
asking for a position in his office as a janitor in case he wins the election. In
exchange for the favour, Mr. Solicitor promised to vote for Mr. Offeror, to
which the latter agreed. Is Mr. Solicitor liable for any offense?
A:
Yes. Mr. Solicitor is liable for vote-selling pursuant to Section 261 (a)
(2) of the OEC which prohibits any person, association, corporation, group
or community who solicits or receives directly, indirectly, any expenditure or
promise of any office or employment, public or private, in order to vote for
or against a candidate.
Q:
What are the necessary documents for an investigation regarding
vote-buying and vote-selling to proceed?
A:
The presentation of a complaint for violations of paragraph (a) or
(b) of Section 261 of the OEC supported by affidavits of complaining
witnesses attesting to the offer or promise by, (or the voters acceptance
9
What is ammunition?
A:
The complete unfired unit consisting of a bullet, gunpowder,
cartridge case and primer or loaded shell for use in any firearm.
Q:
Mr. A is a vendor of replicas and imitations of airsoft guns and
airguns. Is he allowed to sell during election period without violating any
law?
A:
No. As provided under COMELEC Resolution No. 10015, the term
firearm includes airguns, airsoft guns, and replicas/imitations of firearms in
whatever form that can cause an ordinary person to believe that they are
real. Hence, Mr. A may be held liable for violating the election gun ban if
he sells the aforementioned things during the election period.
Q:
Mr. X is a businessman who owns a licensed .45 cal pistol and
covered only by a PTCFOR. On the day of the national election, he was
found in possession of said firearm tucked on his waist while on the way to
his office. Is he guilty of an election offense?
A:
Yes. His act is one of the acts punishable under Section 261 (q) of
the Omnibus Election Code (OEC) which prohibits any person who,
although possessing a PTCFOR, carries a firearm outside residence or place
of business during the election period without being authorized in writing
by the Commission on Elections (COMELEC).
Q:
A:
The location where the firearm/s shall be kept as indicated in the
firearms registration card.
What is a firearm?
A:
A firearm is any handheld or portable weapon that expels or is
designed to expel a bullet, shot, slug, missile or any projectile. The barrel,
frame or receiver is considered a firearm.
Q:
If the licensed firearm was found in the car driven by Mr. X while on
his way to the office, will he still be liable for an election offense?
Imitation firearms (replicas), airguns and airsoft guns are also deemed
10
11
A:
Yes. A motor vehicle, water or air craft are not considered as
residence or place of business or an extension thereof.
How about if the firearm of Mr. X is a loose firearm, what is he liable
Q:
Mr. T was on his way home when he was stopped at a COMELEC
checkpoint. He alighted from his car and spoke with the police officers
manning the checkpoint. Consequently, a gun was seen tucked on his
waist. Is the plain view doctrine applicable in this case?
A:
He is liable for violating Section 261 (q) of the Omnibus Election
Code (election gun ban).
A:
Yes. Under the plain view doctrine, objects falling in the plain
view of an officer who has right to be in the position to have that view are
subject to seizure and may be presented as evidence.
Q:
of?
Q:
Is Mr. X, who was found in possession of a loose firearm in a
COMELEC checkpoint, likewise liable under RA No. 10591 or the
Comprehensive Firearms and Ammunitions Regulation Act?
A:
Not anymore. In the case of Madrigal vs. People, G.R. No. 182694,
August 13, 2008, Madrigals conviction on the case of illegal possession of
firearm was reversed and set aside by the Supreme Court in view of the
fact that another crime, that is: violation of the election gunban, was
committed at the same time (that he was alleged to have committed
illegal possession of firearm).
Note: Madrigals conviction on his election gunban case was affirmed by
the Supreme Court.
Q:
If the licensed firearm of Mr. X was found in his possession on June 9,
2016, is he still liable?
A:
No. Since his firearm is licensed and covered by a valid permit, he
could not be liable anymore for an election offense. The prohibition on the
election gun ban is only applicable during election period which is from
January 10, 2016 to June 8, 2016.
Q:
If a loose firearm is recovered during the implementation of a
Search Warrant, what charge may be filed?
A:
12
Q:
What are the Certificates of Authority that are being issued by the
COMELEC through CBFSP?
A:
The following are the Certificates of Authority issued by the
COMELEC through the CBFSP:
1.Certificate of Authority Cashier/Disbursing Officer (CA-C/DO)
refers to the Certificate of Authority to bear, carry or transport firearms or
other deadly weapons issued to qualified cashiers/disbursing officers or
persons who by the nature of their official duties, profession, business or
occupation habitually carry large sums of money or valuables.
2. Certificate of Authority-Law Enforcement Agency (CA-LEA)
refers to the Certificate of Authority to bear, carry or transport Firearms or
deadly weapons issued to the PNP, the AFP and the Law Enforcement and
Security Personnel of other Government Departments, Agencies, Offices,
Bureaus, Commissions, Tribunals and Government-Owned and Controlled
Corporations.
3. Certificate of Authority-Security Agency (CA-SA) refers to the
Certificate of Authority to bear, carry or transport firearms or other deadly
weapons issued to qualified Private Security, Investigative and Protective
Agencies for their security personnel.
4. Certificate of Authority- Security Details (CA-SDs) refers to the
Certificate of Authority to employ, avail or engage the services of security
personnel or bodyguard issued to qualified public officials and/or private
individuals.
5. Certificate of Authority to Transport (CA-TTs) Certificate of
Authority to transport or deliver Firearms and/or its parts, Ammunition
and/or its components, and, Explosives and/or its components issued to
qualified applicants/persons.
Q:
14
A:
It is the Temporary Certificate of Authority to employ, avail or
engage the services of security personnel or bodyguard issued by the
Regional Joint Security Control Center (RJSCC) to qualified public officials
and private individuals. It is valid for a period of thirty (30) days only.
Q:
What are the rules to be observed by the security personnel or
bodyguard of persons issued with Certificate of Authority-Security Details
(CA-SDs)?
A:
When in the possession of Firearms, the security personnel or
bodyguard must be:
1.
in his prescribed uniform;
2.
in the actual performance of his duties;
3.
The security personnel or bodyguard must be employed by
a duly licensed private security service provider and is qualified to perform
or provide personal security protection to private persons or individuals
entitled to protection; and
4.
carrying one (1) small firearm, unless specifically allowed
otherwise under existing laws, rules and regulations.
BAN on DEADLY WEAPONS
(COMELEC Resolution No. 11015 dated November 13, 2015)
Under COMELEC Resolution No. 10015, it is prohibited to bear, carry or
transport deadly weapons outside ones residence or place of business,
and in all public places, including any building, street, park, and in private
vehicles or public conveyances, even if that person is licensed or
authorized to possess or to carry the same, unless authorized by the
COMELEC, through the CBFSP for the period of January 10, 2016 to June 8,
2016.
Q:
A:
All types of bladed instruments, hand grenades or other explosives,
except pyrotechnics.
15
Q:
Is there an exception to the ban on bladed weapon, meaning, the
bearing, carrying and transporting is allowed even without COMELEC
authority?
A:
Yes. When possession of the bladed instrument is necessary to the
occupation of the possessor or when it is used as a tool for a legitimate
activity.
Q:
What is an explosive?
A:
An exploding substance or agent, including the components and
raw materials thereof, as defined under pertinent laws.
Q:
Who may be given authority by the COMELEC to bear, carry, or
transport deadly weapons?
A:
BAN ON BODYGUARDS
(COMELEC Resolution No. 10015 dated November 13, 2015)
16
A:
For any person to employ, avail himself of or engage the services of
security personnel or bodyguards, whether or not such bodyguards are
regular members of the PNP, the AFP or other law enforcement agencies
of the Government.
Q:
What is the effect of the promulgation of COMELEC Resolution No.
10015 to all existing authority granting security personnel or body guards?
A:
Such authority is automatically revoked at the start of the election
period (January 10, 2016).
Q:
A:
No. The authority granted to or the services of security personnel or
complement of the following persons shall subsist under the following
conditions:
1. The President, Vice President, Senate President, Speaker of the
House of Representatives, Chief Justice of the Supreme Court, Secretary of
National Defense, Secretary of the Interior and Local Government,
Chairman and Commissioners of the Commission on Elections, Chief of
Staff of the AFP and AFP Major Service Commanders, and Director
Generals and Senior Officers of the PNP, who are not candidates, pursuant
to the respective existing authorizations or engagements of their security
personnel;
17
may be allowed to employ, avail or engage the services of two (2) private
security personnel:
1. incumbent public officials, whether elected or appointed;
2. candidates or his/her immediate family within the second
degree of consanguinity or affinity; and
3. private individuals.
GUIDELINES on COMELEC CHECKPOINTS
(COMELEC Resolution No. 10029 dated December 22, 2015
COMELEC Resolution No. 10029 was issued to set guidelines to be
observed in order not to violate civil, political and human rights of
individuals during implementation of search and seizure procedure at the
duly established checkpoints.
RULE I: GUIDELINES ON THE ESTABLISHMENT AND OPERATION OF COMELEC
CHECKPOINTS
1. COMELEC Checkpoints. - There shall be at least one COMELEC
checkpoint in each city/municipality. However, additional checkpoints
may be established at the discretion of the highest ranking official of
the AFP or the PNP in the city/municipality.
2. Checkpoint location. The officials mentioned in the
immediately preceding section shall, in consultation with the
city/municipal Election Officer (EO), shall establish COMELEC checkpoints
in their respective areas of jurisdiction only in places which are welllighted. In areas where electric light is not available, artificial lighting shall
be provided for the purpose.
NOTE: Every COMELEC checkpoint shall have a signboard
measuring three feet by four feet (3'x4'), to clearly identify the place as a
COMELEC checkpoint from a reasonable distance.
3.
Notice of location of checkpoints.
- The commanding
officer/team leader of the checkpoint must give notice to the Election
19
COMELEC Resolution No. 10029 was issued to set guidelines for the
prompt and proper investigation of violations of the ban on firearms, other
deadly weapons and the employment of security personnel.
Q:
Do police officers manning COMELEC checkpoints need to first
secure a search warrant before searching and seizing the prohibited
weapons or materials found in a flagged vehicle?
A:
No. Pursuant to COMELEC Resolution No. 10029 on the conduct of
checkpoint, a warrantless search can be made in the following cases:
20
21
Q:
What is the duty of the Chief of Police in cases of apprehensions for
violation of the COMELEC ban on the bearing, carrying and transporting of
firearms and other deadly weapons, and on the employment of security
personnel and body guards, in their respective areas of jurisdiction.
A:
The Chief of Police or his duly authorized PNP representative shall
conduct the PRELIMINARY EXAMINATION of all apprehensions for violation
of the ban on the bearing, carrying and transporting of firearms and other
deadly weapons, and on the employment of security personnel and body
guards, in their respective areas of jurisdiction.
Q:
What is the procedure in the conduct of preliminary examinationby
the Chief of Police or his duly authorized PNP representative?
A:
In the conduct of preliminary examination the Chief of Police or his
duly authorized investigator shall:
1. Take the affidavit of the arresting officer or policeman indicating
therein the fact of arrest and the circumstances surrounding the
arrest;
2. Take the statement of the respondent/s.
3. Confiscate the firearms and issue the proper receipt therefor;
4. Cause the respondent/s to sign an affidavit binding himself to be
present at the preliminary investigation at a later date before the
prosecutor and that failure to do so shall constitute a waiver to
present evidence for his defense; and
5. Take the statement of witness/witnesses, if any.
Q:
What are the rights of a person arrested undergoing preliminary
examination?
A:
Any person arrested who is undergoing preliminary examination
must be treated humanely and with utmost respect to his constitutional
and human rights. He must also be informed of the following rights:
22
A:
The Chief of Police shall submit the investigation report, together
with all documents and evidence gathered during the preliminary
examination, within three (3) days from arrest to the corresponding
provincial/city prosecutor, furnishing the Law Department of the
Commission with three copies of the report. The prosecutor shall then
conduct an investigation which shall be resolved within five (5) days from
its submission for resolution.
LIMITATIONS on PROCUREMENT
(GPPB Circular No. 08-2015 dated August 18, 2015)
GPPB Circular No. 08-2015 was issued to set guidelines in the conduct of
procurement activities during the election period.
I- PURPOSE
A. To remind government agencies that election ban is not designed to
paralyze the operations of the government but to insulate government
procurement from political partisan activities, usually in the form of new projects,
which are designed to influence the public during the elections.
B. To advise government agencies on the procurement activities that may
or may not be undertaken.
II- LEGAL AUTHORITY
Sections 261 (v) and (w) of the Omnibus Election Code
III- GENERAL RULE
Procuring entities can go on with the procurement activities, whether
through public bidding or alternative modes, from March 25 to May 8, 2016.
IV- EXCEPTION
Issuance of Notice of Award or the release, disbursement and expenditure
of public funds shall be prohibited on the following projects:
A. Social Projects- Refer to activities undertaken by the Department of
Social Welfare and Development (DSWD) and other agencies performing similar
functions. (GPPB Circ., Para 3.2)
B. Housing Related Projects- Refer to activities undertaken by the Housing
and Urban Development Coordinating Council (HUDCC) and other agencies
performing similar functions. (GPPB Circ., Para 3.3)
24
employed.
2. Contract entered into or awarded before election ban. Notice
of award, either through public bidding or negotiated procurement, provided it is
reported to the COMELEC;
3. Preparatory works like payment of preparation cost for drawings,
bill of materials, estimates, and other procedures preparatory to actual
construction including the purchase of materials and equipment, etc.
25
Q:
May a prohibition on award of government contract during election
period be used to justify the adoption of shopping as mode of procurement?
What are the elements for violations of Section 261 (v) of BP 881?
A:
The prohibition of the release, disbursement or expenditure of public funds
for any and all kinds of public works depends on the following elements: (a) a
public official or employee releases, disburses or spends public funds; (b) the
release, disbursement and expenditure is made within 45 days before a regular
election or 30 days before a special election; and (c) the public funds are intended
for any and all kinds of public works except the four situations enumerated in
paragraph (v) of Section 261.
Q:
those enumerated in the preceding paragraph; or (b) by any person who issues,
uses or avails of treasury warrants or any device undertaking future delivery of
money, goods or other things of value chargeable against public funds within 45
days preceding a regular election and 30 days before a special election
A:
Section 261(w) is violated in either of two ways: (a) by any person who,
within 45 days preceding a regular election and 30 days before a special election,
undertakes the construction of any public works except those enumerated in the
preceding paragraph; or (b) by any person who issues, uses or avails of treasury
warrants or any device undertaking future delivery of money, goods or other things
of value chargeable against public funds within 45 days preceding a regular
election and 30 days before a special election.
Section 261(w) of the Omnibus Election Code is violated in either of two ways: (a)
by any person who, within 45 days preceding a regular election and 30 days
before a special election, undertakes the construction of any public works except
26
A:
The justification presented for such alternative method is due only to time
pressure brought about by the impending prohibition on award of Government
contracts during the election period, which certainly does not fall under the
specified ground provided by Section 52.b (Shopping) of the IRR-A of R.A. 9184.
(GPPB NPM 045-2004)
Note: Please refer to Annex B for other prohibited acts during the election period.
ANNEX A:
COMELEC Resolution No. 10015
(Persons Authorized to Bear, Carry or Transport Firearms)
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
in the regular plantilla of the said agencies and are receiving regular
compensation for the services rendered in said agencies, (excluding
27
B.
C.
D.
E.
1.
Officers and Members of the Philippine National Police (PNP);
2.
Commissioned Officers (COs), Non-Commissioned Officers
(NCOs) and Enlisted Personnel (EP) of the Armed Forces of the Philippines (AFP);
3.
National Bureau of Investigation (NBI);
4.
Provincial and City Jails, Bureau of Corrections (BuCor),
Department of Justice;
5.
Bureau of Jail Management and Penology (BJMP);
6.
(a) Intelligence Division and (b) Investigation Division of the
Intelligence and Investigation Service; and the (c) Customs Police Division of the
Enforcement and Security Service of the Bureau of Customs (BoC);
7.
Port Police Department, Philippine Ports Authority (PPA);
8.
Philippine Economic Zone Authority (PEZA) police forces;
9.
Government Guard Units (GGUs) regulated by the PNP under
RA No. 5487;
10.
(a) The Commissioner and Deputy Commissioners, (b)
members of the Law and Investigation Division and (c) members of the Intellige
Intelligence Division, Bureau of Immigration (BI);
11.
Manila International Airport (MIA) Authority Police Force;
12.
Mactan-Cebu International Airport Authority Police Force;
13.
Law Enforcement Service of the Land Transportation Office
(LTO);
14.
Philippine Coast Guard (PCG);
15.
Cebu Port Authority Police Force;
16.
Internal Security Operations Group (ISOG) of the Witness
Protection, Security and Benefits Program of the Department of Justice;
17.
Enforcement and lnvestigation Division, Optical Media Board
(OMB);
18.
(a) The Security Investigation and Transport Department
(SITD), (b) Cash Department and (c) the Office of Special Investigation (OSI),
Branch Operations of the BangkoSentral ng Pilipinas (BSP);
28
19.
Offices of the Sergeant-At-Arms (OSAA) of (a) the Senate and
(b) the House of Representatives, including the OSAA designated regular security
escorts of Senators and Congressmen;
20.
Inspection Service of the Philippine Postal Corporation
(PhilPost);
21.
Inspection, Monitoring and Investigation Service of the
National Police Commission (NAPOLCOM);
22.
Forest Officers defined under PD No. 705, Forest/Park Rangers,
Wildlife Officers, and Forest Protection and Law Enforcement Officers of the
Department of Environment and Natural Resources (DENR) under DAO No. 199732;
23.
Intelligence and Security Unit, Office of the Secretary,
Department of Foreign Affairs (DFA);
24.
Philippine Drug Enforcement Agency (PDEA);
25.
Philippine Center for Transnational Crime (PCTC);
26.
National Intelligence Coordinating Agency (NICA);
27.
Civilian Armed Forces Geographical Units (CAFGU) Active
Auxiliaries and Special Civilian Armed Forces Geographical Units Active Auxiliaries
already constituted upon the effectivity of this Resolution while within the
barracks;
28.
Presidential Security Group (PSG);
29.
Internal Security Division of the Bureau of the Treasury (BoT),
the Treasurer and Deputy Treasurers of the Philippines;
30.
Internal Security of the Office of the Vice-President;
31.
The Secretary, Undersecretaries, Assistant Secretaries of the
Department of the Interior and Local Government and the Internal Security of the
Office of the Secretary of the Interior and Local Government;
32.
Internal Security of the Office of the Secretary of National
Defense;
33.
The Secretary, Undersecretaries, Assistant Secretaries, The
Prosecutor General, Chief State Prosecutor, and the State, Regional, Provincial
and City Prosecutors, Department of Justice;
34.
The Solicitor-General;
35.
Investigators and Prosecutors of the Office of the
Ombudsman;
36.
The Chief Public Attorney; and
37.
The officers and members of departments/ divisions/
offices/units/detachments performing law enforcement and/or security functions;
XI. The Chairman and the Commissioners of the Commission on Elections, the
Executive Director, Deputy Executive Directors, Directors and Lawyers employed by and
holding office in the Main Office of the Commission, Regional Election Directors,
Assistant Regional Election Directors, Chiefs-of-Staff of the Offices of the Chairman and
Commissioners, Provincial Election Supervisors, Regional Attorneys and Election Officers,
and Organic Security Officers of the Commission on Elections.
29
Annex B
DATE/
PERIOD
January
10, 2016
(Sunday)
to June 08,
2016
(Wednesd
ay)
ACTIVITIES
PROHIBITED
ACTS
ELECTION
PERIOD
Transfer or
movement
of officers
and
employees
in the civil
service.
Bearing,
carrying or
transporting
firearms or
other
deadly
weapons,
unless
authorized
in writing by
the
Commission.
APPLICABLE
ELECTION
LAWS/RULES
Sec. 261
(h),
Omnibus
Election
Code
(OEC);
COMELEC
Resolution
No. 10030
Article XXII,
OEC; Sec.
32, Republic
Act (RA) No.
7166 (An Act
Providing For
Synchronize
d National
And Local
Elections
And For
Electoral
Reforms);
COMELEC
Resolution
No. 10015
30
POSSIBLE
CASE/S TO
BE FILED
PENALTIES
Violation
of OEC
(Election
offense)
Imprisonment of
1 to 6 years and
shall not be
subject
to
probation
disqualification
to hold public
office
and
deprivation of
the
right
of
suffrage
If
foreigner,
deportation
after
imprisonment is
served.
(Sec.
264, OEC)
Violation
of
election
law
(gunban
) and/or
RA No.
10591
Imprisonment
of1 to 6 years
and shall not be
subject
to
probation
disqualification
to hold public
office
and
deprivation of
the
right
of
suffrage
ACTIVITIES
PROHIBITED
ACTS
APPLICABLE
ELECTION
LAWS/RULES
POSSIBLE
CASE/S
TO BE
FILED
PENALTIES
Use
of
security
personnel or
bodyguards
by
candidates,
unless
authorized
in writing by
the
Commission.
Section
33, RA No.
7166;
Resolution
No. 10015
Violatio
n
of
election
law
If foreigner,
deportation
after
imprisonmen
t is served
Cancellation
of
and/or
perpetual
disqualificati
on to secure
license/per
mit
Organization
or
maintenance
of
reaction
forces, strike
forces
or
other similar
forces.
Section
261
(u),
OEC
Violation
of
election
law
Same penalties
under Section
264, OEC
Suspension
of elective
local
officials
Sec. 261
(x), OEC
31
Violation
of
election
law
Same penalties
under
Section
264, OEC
DATE/
PERIOD
February
09, 2016
(Tuesday)
to May 09,
2016
(Monday)
ACTIVITIES
PROHIBITED
ACTS
APPLICABLE
ELECTION
LAWS/
RULES
POSSIBLE
CASE/S TO
BE FILED
PENALTIES
Giving
donations
or gift in
cash or in
kind, etc.
Section
104, OEC
Violation
of
election
law
(election
offense);
Same penalties
under Section 264,
OEC
and/or
Violation
of Sec. 3,
RA No.
3019
(AntiGraft and
Corrupt
Practices
), if
applicabl
e
32
Imprisonment
for 1 to 10
years;
perpetual
disqualification
from
public
office
confiscation or
forfeiture
in
favor of the
Government of
any prohibited
interest
and
unexplained
wealth
manifestly out
of proportion
to his salary
and
other
lawful income
Dismissal from
public office
DATE/
PERIOD
ACTIVITIES
PROHIBITED
ACTS
APPLICABLE
ELECTION
LAWS/RULES
POSSIBLE
CASE/S TO
BE FILED
and/or
Violations
of Articles
210, 211
and 212,
Revised
Penal
Code
(RPC), if
applicabl
e
March 10,
2016
(Thursday)
to June
08, 2016
(Wednes
day)
PENALTIES
Prision mayor
(Articles 210 and
212);
Prisioncorreccional
(Articles 211 and
212)
Same penalties
under Section
264, OEC
Appointme
nt or use of
special
policemen,
confidential
agents and
the like.
Section
261 (m),
OEC
Violation
of
election
law
Illegal
release of
prisoners.
Section
261 (n),
OEC
Violation
of
election
law
Same penalties
under Section
264, OEC
And/or
violation of
Art. 223,
RPC
(infidelity in
the custody
of
prisoners), if
applicable
Prision
correccional
33
DATE/PERIOD
March 24,
2016 (Holy
Thursday)
and
March 25,
2016
(Friday)
March 25,
2016
(Friday) to
May 08,
2016
(Sunday)
ACTIVITIES
PROHIBITED
ACTS
APPLICABLE
ELECTION
LAWS/RULES
POSSIBLE
CASE/S TO
BE FILED
Campai
gning.
Section 5,
RA No.
7166 in
relation to
OEC
Violation
of
election
law
(election
offense)
Same
penalties
under Section
264, OEC
Appoint
ment or
hiring of
new
employe
es,
creation
or filling
up of
new
positions;
promotio
n or
giving of
salary
increases
,
remuner
ation or
privilege.
Section
261 (g),
OEC;
COMELEC
Resolution
No. 10030
Violation
of
election
law
Same
penalties
under Section
264, OEC
34
PENALTIES
DATE/PERIOD
March 25,
2016
(Friday) to
May 08,
2016
(Sunday)
ACTIVITIES
PROHIBITED ACTS
APPLICABLE
ELECTION
LAWS/RULES
POSSIBLE
CASE/S TO
BE FILED
Construction
of public
works,
delivery of
materials for
public works
and issuance
of treasury
warrant or
similar
devises for a
future
undertaking
chargeable
against
public funds.
Release,
disbursement
or
expenditures
of public
funds.
Section
261 (w),
OEC
Violation
of
election
law
Same
penalties
under
Section
264, OEC
Section
261 (v),
OEC
Violation
of
election
law
Same
penalties
under
Section
264, OEC
35
PENALTIES
DATE/
PERIOD
ACTIVITIES
May 08,
2016
(Sunday)
EVE OF
ELECTION
DAY
PROHIBITED ACTS
Campaigning
APPLICABLE
ELECTION
LAWS/RULES
POSSIBLE
CASE/S TO
BE FILED
PENALTIES
Sec. 5,
RA No.
7166
Violation
of
election
law
Same
penalties
under
Section
264, OEC
Selling,
furnishing,
offering,
buying,
serving, or
taking
intoxicating
liquor.
Section
261 (dd),
OEC
Giving,
accepting,
free
transportation,
food or drinks
or things of
value.
Section
89, OEC
Violation
of
election
law
Violation
of
election
law;
Same
penalties
under
Section
264, OEC
and/or
Violation
of Sec. 3,
RA No.
3019, if
applicable
Applicable
penalties
under the
law
and/or
Violations
of Articles
210, 211
and 212,
RPC, if
applicable
36
Same
penalties
under
Section
264, OEC
DATE/
PERIOD
ACTIVITIES
PROHIBITED
ACTS
APPLICABLE
ELECTION
LAWS/RULES
POSSIBLE
CASE/S TO BE
FILED
May 09,
2016
(Monda
y)
ELECTION
DAY
Campaig
ning
Sec. 5,
RA No.
7166
Violation of
election law
Same
penalties
under
Section
264, OEC
Casting
of votes
and,
thereafte
r
counting
and
consolida
tion of
votes
Opening of
booths or
stalls for the
sale, etc.,
of
merchandis
e or
refreshment
s within a
radius of
thirty (30)
meters from
the polling
place.
Section
261 (dd)
(2), OEC
Violation of
election law
Same
penalties
under
Section
264, OEC
Holding of
fairs,
cockfights,
boxing, horse
races or any
other similar
sports.
Section 261
(dd) (3),
OEC
Violation of
election law
Same
penalties
under Section
264, OEC
And/or Violation
of PD 1602
(Prescribing
Stiffer Penalties
on Illegal
Gambling), as
amended by RA
No. 9287
Applicable
penalty under
the law
Applicable
penalties
under the
law
37
PENALTIES
RLO9
Chief: OBIL S DAHAP JR
Cel #09173283887
e-mail: rlo9@pnplegal.net
RLO10
Chief: PCINSP ENRIQUE D SAN MIGUEL JR
Cel #09369052321
e-mail: rlo10@pnplegal.net
RLO11
Chief: PSUPT RALESTON F FALCUTILA
Cel #09985168875
e-mail: rlo11@pnplegal.net
RLO12
Chief: PCINSP ADRIEL B GRAN
Cel #09085980503
e-mail: rlo12@pnplegal.net
RLO13
Chief: PCINSP NATHANIEL C TALIP
Cel #09159291179
e-mail: rlo13@pnplegal.net
RLOARMM
Chief: PSINSP EDGARD B CUANAN JR
Cel #09175081427
e-mail: rloarmm@pnplegal.net
RLOCOR
Chief: PSUPT RONALD T LAOYAN
Cel #09985755834
e-mail: rlocor@pnplegal.net
RLONCR
Chief: PSUPT RAYMOND A DE GUZMAN
Cel #09178651313
e-mail: rloncr@pnplegal.net
RLONIR
Chief: PSUPT STEPHEN G BUDONG
Cel #09178142730
e-mail:
Technical Working Group for the Legal Advisory on Election Laws and
COMELEC Issuances:
PSUPT SOVER DC GONTING Chairman
PCINSP LYNETTE M TADEO Vice Chairman
Members:
PSUPT EDWIN G ENGAY
PSUPT JINKY A ACACIO
PCINSP DONNA N VILLAREAL
PCINSP JUDITH ERNA L QUERIJERO
PSINSP CATHERINE E TAMAYO
PSINSP JOSEPH L BACCAY
PSINSP CAMILO N DANAO JR
Secretariat:
PSINSP ANNA LUISA A CENTINO
NUP Errol L Puod
38
39