Resolution No. 8734

The Commission on Elections, by virtue of the powers conferred upon it by the Constitution, the Omnibus Election Code, Republic Act No. 7166, and other election laws, RESOLVED, as it hereby RESOLVES, to promulgate the following guidelines in placing any political division, subdivision, unit or area under COMELEC CONTROL:

Section 1. Grounds for Comelec Control. - The Commission may place under its immediate and direct control and supervision, any political division, subdivision, unit or area affected by "serious armed threats".

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

Sec. 2. Powers and functions of the Commission. - The authority shall be exercised by the Commission En banc as the circumstances so warrant. In furtherance thereof, the Commission shall:

1. Take immediate and direct control and supervision over all national and local officials and employees required by law to perform duties and/or comply with certain prohibitions relative to the conduct of the elections in the political division, subdivision, area or unit concerned; and
2. Exercise full control and supervision over all national and local law enforcement agencies as well as military officers and men assigned or deployed in the political division, subdivision, unit or area concerned.

For immediate and effective control of the political division, subdivision, unit or area concerned, the Commission shall exercise such authority where COMELEC control has been imposed.

Sec. 3. Special Task Force. - To ensure the conduct of free, peaceful, orderly, honest and credible elections in each political subdivision, unit or area placed under COMELEC control, a Special Task Force shall be created. It shall be composed of a Commissioner designated by the Commission as Task Force Head, and as members, the Regional Election Director concerned, the highest-ranking official of the Philippine National Police (PNP) and the highest-ranking officer of the Armed Forces of the Philippines (AFP) assigned in the area.

At the discretion of the Head of the Task Force or whenever required by the exigency, additional members who must be lawyers of the Commission may be appointed to the Special Task Force.

Sec. 4. Powers and Duties of the Special Task Force. - The Special Task Force shall have the following powers and duties:

1. To supervise and control the administrative activities and transactions of local government units in the localities under the Comelec control and enforce therein strict compliance with the election bans and prohibitions under Section 261 of the Omnibus Election Code, particularly on, but not limited to, the disbursement of public funds, the construction of public works, movements of government personnel and non-intervention of civil service officials and employees as well as police and military officers and personnel;
2. To oversee the effective and necessary distribution, assignment and deployment of officers and personnel of the PNP as well as officers and men of the AFP in the locality concerned, and place under its control their activities relative to the strict enforcement of the law on the firearms ban, security personnel of candidates and private citizens, the appointment or use of special policemen for election purposes and similar prohibitions under the pertinent provisions of Sec. 261 of the Omnibus Election Code and Sec. 32, Sec. 33 and Sec. 34 of Republic Act No. 7166;
3. To augment the police force and assign additional military troops whenever necessary to quell any possible outbreak of violence and maintain peace and order in the locality concerned;
4. When necessary, to substitute a whole unit of the police force assigned in the locality concerned with another police unit or with an adequate unit of the Armed Forces of the Philippines;
5. To relieve any police or military officer or personnel who may be found unsuitable for continuance in his present assignment in the locality concerned, reassign or confine to quarters any such member of the police of military unit;
6. To revoke all exemptions heretofore issued under the firearms ban to candidates and their bodyguards, and cancel all permits to carry firearms outside residence granted to residents of the political division, subdivision, unit or area concerned, as peace and order conditions in the locality demand;
7. To act as law enforcement arm of the Commission in effecting and implementing its specific orders, rulings, resolutions and decisions;
8. To adopt appropriate measures to safeguard and ensure the holding of free, peaceful, orderly, honest and credible elections in the political division, subdivision, unit or area under Comelec control; and
9. To submit periodic situation reports to the Commission through the most expeditious means.

Except when prior approval or authority of the Commission En banc is required, the Special Task Force decisions and orders in connection herewith, shall be final and immediately executory, unless modified, reversed or revoked by the Commission En banc.

Sec. 5. Support of the PNP and AFP Chiefs. - The PNP and the AFP are hereby directed to immediately provide personnel, equipment, vehicles and other transportation facilities as the Special Task Force may require.

Sec. 6. Duration of Comelec Control. - When a political division, subdivision, unit or area is placed under COMELEC control, such shall continue to be in full force and in effect until the end of the election period, unless sooner lifted by the Commission.

Sec. 7. Effectivity. - This Resolution shall take effect on the seventh day after its publication in two (2) daily newspapers of general circulation in the Philippines.

Sec. 8. Dissemination. - The Education and Information Department shall cause the publication of this Resolution in two (2) daily newspapers of general circulation, and give this widest dissemination.

SO ORDERED.