IN THE MATTER OF AMENDING COMELEC RESOLUTION NO. 9930 ENTITLED "IN THE MATTER OF POSTPONING THE CONDUCT OF THE FEBRUARY 21, 2015 SANGGUNIANG KABATAAN (SK) ELECTIONS TO APRIL 25, 2015" PROMULGATED ON FEBRUARY 5, 2015 INSOFAR AS THE ELECTION PERIOD IN THE CALENDAR OF ACTIVITIES AND PERIODS OF PROHIBITED ACTS FOR PURPOSES OF THE APRIL 25, 2015 SANGGUNIANG KABATAAN ELECTIONS.
WHEREAS, Republic Act No. 10632 entitled "AN ACT TO POSTPONE SANGGUNIANG KABATAAN ELECTIONS ON OCTOBER 28, 2013, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9340, AND FOR OTHER PURPOSES", postponed the conduct of October 28, 2013 SK Elections to a date to be determined by the this Commission between October 28, 2014 and February 23, 2015.
WHEREAS, on October 21, 2014, the Commission set the conduct of the SK Elections on February 21, 2015 under COMELEC Resolution No. 9905 entitled "IN THE MATTER OF PROVIDING THE CALENDAR OF ACTIVITIES AND PERIODS OF CERTAIN PROHIBITED ACTS AND ADOPTING PERTINENT RESOLUTIONS PROMULGATED FOR THE 28 OCTOBER 2013 BARANGAY ELECTIONS FOR PURPOSES OF THE 21 FEBRUARY 2015 SPECIAL SANGGUNIANG KABATAAN (SK) ELECTIONS";
WHEREAS, on February 5, 2015, the Commission postponed the February 21, 2015 SK Elections to April 25, 2015 under COMELEC Resolution No. 9930 entitled "IN THE MATTER OF POSTPONING THE CONDUCT OF THE FEBRUARY 21, 2015 SANGGUNIANG KABATAAN (SK) ELECTIONS TO APRIL 25, 2015"
WHEREAS, pursuant to the above Resolution, the Election Period is set to start already on March 26, 2015 (THU) (30 days before election day);
WHEREAS, House Bill No. 5209 postponing the SK Elections to the last Monday of October 2016 is now with the Office of the President awaiting for action by the President.
WHEREAS, there is a necessity to ADJUST further the start of the Election Period in the CALENDAR OF ACTIVITIES AND PERIODS OF CERTAIN PROHIBITED ACTS fixed in COMELEC Resolution No. 9930 to avoid a situation wherein the prohibition on certain acts is already effective, only to be nullified later on when House Bill No. 5209 becomes a law;
WHEREAS, under Sec. 3 of the Omnibus Election Code, Sec. 29 of Republic Act No. 6646, and Sec. 28 of Republic Act No. 8436, the Commission on Elections is allowed to fix in special cases the Election Period;
NOW, THEREFORE, the Commission on Elections pursuant to the powers vested in it by the Constitution, the Omnibus Election Code, and other election laws, RESOLVED, as it hereby RESOLVES, to amend Resolution No. 9930 entitled "IN THE MATTER OF POSTPONING THE CONDUCT OF THE FEBRUARY 21, 2015 SANGGUNIANG KABATAAN (SK) ELECTIONS TO APRIL 25, 2015", as follows:
| DATE/PERIOD | ACTIVITIES | PROHIBITED ACTS |
|---|---|---|
| April 10, 2015 (FRI) to April 25, 2015 (SAT) | Issuance of appointments, promotions, creation of new positions, or giving of salary increases in government offices, agencies or instrumentalities. (Sec. 261 (g), OEC). Raising of funds thru dances, lotteries, cockfights, etc. (Sec. 97, OEC). |
|
| April 10, 2015 (FRI) to May 10, 2015 (SUN) (15 days before election day and 15 days after) | ELECTION PERIOD | Alteration of territory of an SK precinct or establishment of a new SK Precinct. (Sec. 5, R.A. 8189). Illegal release of prisoners. (Sec. 261 (n), OEC) Carrying of firearms or other deadly weapons. (Sec. 32, R.A. 7166) Use of security personnel or bodyguards by candidates. (Sec. 33, R.A. 7166) Organizing or maintaining reaction or strike or similar forces. (Sec. 261 (u), OEC) Transfer or detail of officers and employees in the civil service including public school teachers. (Sec. 261 (h), OEC) |
| April 11, 2015 (SAT) and April 13, 2015 (MON) to April 14, 2015 (TUE) | FILING OF CERTIFICATES OF CANDIDACY (Sec. 7, R.A. 6679) | |
| April 15, 2015 (WED) to April 23, 2015 (THU) | CAMPAIGNING (Sec. 3, OEC) | Removing, destroying, obliterating, defacing, tampering or preventing distribution of lawful election propaganda. (Sec. 83, OEC) Making any donation or gift in cash or in kind. (Sec. 104, OEC). (Note: prohibition includes the day before election and election day) Using armored land, water, or air craft (Sec. 261 (r), OEC). (Note: prohibition includes the day before election and election day) Appointing or using special policemen, special/confidential agents or the like. (Sec. 261 (m), OEC). (Note: prohibition includes the day before election and election day) Construction or maintenance of provincial, city, municipal or barangay funded roads and bridges. (Sec. 3, R.A. 6679) |
| April 24, 2015 (FRI) | EVE OF ELECTION DAY | Campaigning. (Sec. 3, OEC) Selling, furnishing, offering, buying, serving or taking intoxicating liquor, etc. (Sec. 261 (dd), OEC) Giving, accepting free transportation, food, drinks and things of value. (Sec. 89, OEC) |
| April 25, 2015 (SAT) | ELECTION DAY Counting and canvassing of votes and proclamation of winning candidates (Immediately after 3:00 o'clock p.m.) |
Campaigning. (Sec. 3, OEC) Voting more than once or in substitution of another (Sec. 261 (z) (2) and (3), OEC) Soliciting votes or undertaking any propaganda for or against any candidate within the polling place or within thirty (30) meters thereof. (Sec. 261 (cc), (6), OEC) Selling, furnishing, offering, buying, serving or taking intoxicating liquor, etc. (Sec. 261 (dd), OEC) Opening of bottles or stalls for the sale, etc. of wares, merchandise or refreshments within thirty (30) meters radius from the polling place (Sec. 261 (dd) (2), OEC). Giving, accepting free transportation, food, drinks and things of value. (Sec. 89, OEC) Holding of fairs, cockfights, boxing, horse races or similar sports (Sec. 261 (dd) (3), OEC). |
| April 26, 2015 (SUN) to May 25, 2015 (MON) | Filing of Statements of Contributions and Expenditures (SOCE) (Sec. 14, R.A. No. 7166 |
This Resolution shall take effect immediately. The Education and Information Department (EID) is hereby directed to cause the widest dissemination of this resolution and its publication.
The Office of the Deputy Executive Director for Operations, all Departments of the Commission, and the Committee on the Ban on Firearms and Security Personnel are hereby directed to implement this Resolution.
SO ORDERED.
SIGNED:
- LIM, CHRISTIAN ROBERT S., Acting Chairman
- PARREÑO, AL A., Commissioner
- GUIA, LUIE TITO F., Commissioner
- LIM, ARTHUR D., Commissioner