Resolution No. 8277

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, and to exercise direct supervision and control over such agencies required by law to perform duties for the purpose of ensuring free, orderly, honest, peaceful and credible conduct of elections;

WHEREAS, there is need to deputize, with the concurrence of the President of the Philippines, such law enforcement agencies and instrumentalities of the government, and to prescribe their duties and functions, to ensure the holding of free, orderly, honest, peaceful and credible conduct of the October 29, 2007 Barangay and Sangguniang Kabataan elections.

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, to deputize the following law enforcement agencies and instrumentalities of the government, to perform specific duties relative to the conduct of the elections, as follows:

The Department of National Defense, its Secretary, Undersecretaries, the Commander and officers and members of the actual units and commands of the Armed Forces of the Philippines in areas which may hereinafter be affected by serious armed threats to the electoral process as jointly identified by the Chairman of the Commission on Elections and the Chief of Staff, AFP, are hereby designated as deputies of the Commission to ensure free, orderly, honest, peaceful and credible conduct of the October 29, 2007 Barangay and Sangguniang Kabataan elections.

The Term "serious armed threats" shall refer to the presence of paramilitary forces, private armies or identifiable armed bands widely perceived to have committed or is committing terrorism, fraud, or other election irregularities, and threaten or tend to disrupt the holding of free, orderly and honest elections in any political subdivision or unit or any part thereof.

The deputation of AFP units shall only include the following functions:

1. Providing security to the area covered by the serious armed threat by deploying sufficient AFP military personnel to man, patrol and provide AFP visibility in the area;
2. Manning the checkpoints in locations jointly identified by the Commission and the AFP;
3. Enforcing the ban on carrying of firearms by persons who do not possess the necessary authorization from the Commission to carry, possess or transport firearms.

For this purpose, the Commission shall designate the particular Commission official responsible for said area covered by the serious armed threats from whom the deputized AFP Commander and units shall get their instructions and assigned tasks during the period of deputation.

The deputation by the Commission shall not, in any case, include the performance of election duties such as the following:

1. counting or canvassing of votes. In no case shall any counting or canvassing be conducted inside military camps, installations and facilities;
2. clustering of precincts;
3. transporting of ballots and other election paraphernalia and election results; Provided, however, that AFP units may, subject to the approval of the AFP Chief of Staff, be requested to provide air, land and sea vessel escorts to the transportation facilities used in transporting election paraphernalia when the security provided by the Philippine National Police cannot address the threat, as determined by the AFP Chief of Staff and the Chairman of the Commission;
4. acting as security escorts to candidates;
5. provide security to polling places and to members of the Boards of Election Tellers;
6. provide security to the personnel of the Commission and other employees of the government performing election duties, including accredited citizens' arms; and
7. make available certain AFP facilities, such as land, sea, and air transportation, communication systems, and other equipment in connection with the elections, subject to Item (3) hereof.

The Secretary of the Department of the Interior and Local Government, as the Chairman of the National Police Commission, and the Director General of the Philippine National Police, are hereby designated as deputies in connection with the October 29, 2007 Barangay and Sangguniang Kabataan elections, and as such deputies, are hereby placed under the direct control and supervision of the Commission, and directed to:

1. Effect no changes, during the election period, in the assignment of regional, provincial, city, station, and unit commanders and PNP personnel under his command without the prior written authority from the Commission;
2. Bring to the attention of each and every member of the PNP the following basic considerations:
1. The conduct of elections is purely a civilian process which, however, requires the cooperation of the PNP, regional, provincial, city, or municipal police forces and agencies; and
2. Orders issued by the Commission in connection with the elections shall take precedence over and above the orders and directives issued by any other office of agency of the government; Provided, That nothing herein contained shall be construed as in any manner affecting or constituting an impairment of the constitutional powers of the President of the Philippines to conduct and direct the general peacekeeping functions of the PNP;
3. The Director General of the PNP and the officers and enlisted personnel under his command are directed to perform the following duties and functions:
1. Provide security to the election officers, the polling places, the members of the Board of Election Tellers, and the voters, whenever the need therefore arises, or whenever the Commission so requires;
2. Provide security to the personnel and representatives of the Commission performing duties and functions in connection with the elections whenever a request is made or when required by the Commission;
3. Take steps to prevent the voters from threats, intimidation, harassment, coercion, or reprisal;
4. Enforce the provisions of Section 261 of the Omnibus Election Code on the following prohibited acts:
1. Paragraph (m) on appointment or use of special policemen, special agents, confidential agents, or the like;
2. Paragraph (p) on possession of deadly weapons;
3. Paragraph (q) on carrying of firearms outside residence or place of business;
4. Paragraph (r) on the use of armored, land, water or aircraft;
5. Paragraph (s), as amended by Section 32 of Republic Act No. 7166, on wearing of uniforms and bearing of arms;
6. Paragraph (t), as amended by Sec. 33 of R.A. No. 7166, on policemen and provincial guards acting as bodyguards or security guards;
7. Paragraph (u) on reaction, strike forces or similar forces; and
8. Ban on dispensing, selling, and taking intoxicating liquors.
5. Take effective measures to prevent members of civilian vigilante units and barangay tanods from engaging in partisan political activities or any act of terrorism, intimidation, coercion, harassment or reprisal;
6. Take steps to prevent private security agencies from acting as private armies of campaigners for terroristic or violent acts against persons in connection with the elections;
7. Implement strictly the rules and regulations promulgated by the Commission in the provinces, cities and municipalities which may be placed under the Commission's control;
8. Enforce specific orders of the Commission to confiscate or tear down prohibited election paraphernalia or advertisement;
9. Render periodic reports on actions taken in accordance with this deputation; and
10. Perform such other functions and duties or implement such other directives as the Commission may issue.

The Commission hereby designates the National Bureau of Investigation, its Director and all agents under him, as deputies for the October 29, 2007 Barangay and Sangguniang Kabataan elections and directed to:

1. Deploy NBI agents to designated places in order to effectively carry out the objectives of this Resolution, furnishing the Commission with a copy of said agents with their respective assignments;
2. Direct NBI agents to arrest any person who violates the provisions of the Omnibus Election Code and other pertinent election laws and the Rules and Regulations promulgated by the Commission;
3. Submit periodic reports to the Commission on actions taken by him and his agents pursuant to this Resolution; and
4. Comply with the directives and orders of the Commission which shall be given priority over orders and directives from other sources, except the Supreme Court and those issued in habeas corpus proceedings.

The Bureau of Jail Management and Penology and its Director are hereby designated as deputies of the Commission to 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 by categorized as such."

and to comply with all orders, directives and resolutions which the Commission may from time to time promulgate.

The Commission shall recommend to the President of the Philippines the removal of any officer or employee it has deputized, or the imposition of any disciplinary action, for violation or disregard of, or disobedience to its directives, orders or decisions (Paragraph (8), Sec. 2 (C), Article IX, Constitution of the Philippines).

The Commission 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 ruling, and appoint his substitute, upon recommendation of the Commission, 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 to such violation or failure (Second paragraph (A), Section 52, Article VII, Omnibus Election Code).

This Resolution shall take effect seven (7) days following its complete publication in two (2) newspapers of general circulation.

The Executive Director shall furnish copies of this Resolution to the Departments/Agencies herein deputized. The Education and Information Department shall cause the publication of this Resolution in two (2) newspapers of general circulation and to disseminate for the information of the public.

SO ORDERED.