DEPUTATION OF LAW ENFORCEMENT AGENCIES OF THE GOVERNMENT, PRESCRIBING THEIR GENERAL DUTIES AND FUNCTIONS AS DEPUTIES OF THE COMMISSION ON ELECTIONS IN CONNECTION WITH THE AUGUST 11, 2008 ELECTION OF REGIONAL OFFICIALS IN THE AUTONOMOUS REGION IN MUSLIM MINDANAO (ARMM)
WHEREAS, pursuant to Section 2 (4) (C), Article IX of the 1987 Constitution, the Commission on Elections may deputize law enforcement agencies and instrumentalities of the government, including the Armed Forces of the Philippines and the Philippine National Police for the purpose of ensuring free, orderly, honest, peaceful and credible elections;
WHEREAS, there is a need to deputize, with the concurrence of the President of the Philippines, such law enforcement agencies and instrumentalities of the government, including the Armed Forces of the Philippines and the Philippine National Police, and to prescribe their general duties and functions, to ensure the holding of free, orderly, honest, peaceful and credible August 11, 2008 election of regional officials in the Autonomous Region in Muslim Mindanao (ARMM);
NOW, THEREFORE, the Commission on Elections, by virtue of the powers vested in it by the Constitution, the Omnibus Election Code, and other election laws, has RESOLVED, as it hereby RESOLVES, upon concurrence of the President of the Republic of the Philippines, to deputize the Department of National Defense and the Armed Forces of the Philippines; the Department of the Interior and Local Government, the National Police Commission, the Philippine National Police, the Bureau of Jail Management and Penology; and the National Bureau of Investigation, to ensure the holding of a free, honest, peaceful and credible election of regional officials in the ARMM.
SECTION 1. General duties and functions. - The Department of National Defense, the Department of the Interior and Local Government, the Armed Forces of the Philippines, the Philippine National Police, the National Police Commission and the National Bureau of Investigation shall assist the Commission on Elections in the enforcement of election laws, rules and regulations as well as provide security and logistical support in connection with the conduct of the August 11, 2008 election of regional officials in the ARMM, and to comply with all orders, directives and resolutions which the Commission on Elections may issue from time to time.
The Bureau of Jail Management and Penology shall enforce the following provision of the Omnibus Election Code:
"Sec. 261 (n). Illegal release of prisoners before and after election. -The Director of the Bureau of Prisons, any provincial warden, the keeper of the jail or the person or persons required by law to keep prisoners in their custody who illegally orders or allows any prisoner detained in the national penitentiary, or the provincial, city or municipal jail to leave the premises thereof sixty days before and thirty days after the election. The municipal or city warden, the provincial warden, the keeper of the jail or the person or persons required by law to keep prisoners in their custody shall post in three conspicuous public places a list of the prisoners or detention prisoners under their care. Detention prisoners must be categorized as such.",
and to comply with all orders, directives and resolutions which the Commission on Elections may issue from time to time.
SEC. 2. Sanctions. - The Commission on Elections may relieve any officer or employee from the performance of his duties relating to electoral processes who violates the election laws or fails to comply with its instructions, orders, decisions or rulings, and appoint his substitute and, upon its recommendation, the proper authority shall suspend or remove from office any or all of such officers or employees who may, after due process, be found guilty of such violation or failure.
SEC. 3. Effectivity. - This Resolution shall take effect on the seventh (7th) day after its publication in two (2) daily newspapers of general circulation in the Philippines.
SEC. 4. Publication,dissemination and implementation. - The Education and Information Department of the Commission on Elections shall cause the publication of this Resolution in two (2) daily newspapers of general circulation in the Philippines and to disseminate copies thereof to all agencies concerned as well as to the Regional Election Director, Provincial Election Supervisors and Election Officers in the ARMM.
Let the Executive Director implement this Resolution.