Resolution No. 9423

WHEREAS, the Omnibus Election Code of the Philippines provides:

"Sec. 261. Prohibited Acts. - The following shall be guilty of an election offense:

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dd) Other prohibitions

"(1) Any person who sells, furnishes, offers, buys, serves or takes intoxicating liquor x x x on the day before the election or on election day: Provided, That hotels and other establishments duly certified by the (Department) of Tourism as tourist-oriented and habitually in the business of catering to foreign tourists may be exempted for justifiable reasons upon prior authority of the Commission. Provided, further, That foreign tourists taking intoxicating liquor in said authorized hotels or establishments are exempted from the provisions of this subparagraph."

WHEREAS, violation of said prohibited acts shall be punishable with imprisonment of not less than one year but not more than six years and shall nor subject probation, and in addition, the guilty party shall suffer disqualification to hold public office and deprivation of the right of suffrage;

NOW, THEREFORE, the Commission on Elections (Commission) pursuant to the power vested in it by the Constitution, the Omnibus Election Code, and other election laws, has RESOLVED, as it hereby RESOLVES, to promulgate the following implementing rules and regulations:

SECTION 1. Prohibited Acts and Period. - It shall be unlawful for any person, including owners and managers of hotels and other establishments to sell, furnish, offer, buy, serve, or take intoxicating liquor anywhere within the Municipality of Bacoor, Cavite, from June 22, 2012 to June 23, 2012.

SEC. 2. Exemption. - Hotels and other establishments in Bacoor, Cavite, duly certified by the Department of Tourism as tourist-oriented and habitually in the business of catering to foreign tourists may be exempted for justifiable reasons from the liquor ban, provided they have prior written authority from the Commission.

Foreign tourists taking intoxicating liquor in said authorized hotels and establishments are also exempted.

SEC. 3. Where to apply for and secure exemption. - Application for exemption, together with the required supporting documents, shall be filed with, and duly acted upon by the Regional Election Director of Region IV.

SEC. 4. Conditions for the grant of exemption. - Exemption may be granted only upon compliance with and submission of the following:

1. A request for exemption which must be under oath and which must contain a statement that the hotel/establishment operators/owners have not been convicted for an election offense;
2. A Certification from the Department of Tourism that the requesting hotel or establishment:
1. is tourist-oriented and is habitually in the business of catering to foreign tourists;
2. is currently licensed to do business; and
3. has paid the required taxes and/or fees imposed by the government or any of its agencies or instrumentalities.

SEC. 5. Revocation. - The exemption granted may be revoked or withdrawn by the Commission upon petition of any interested party on showing, among others, that the reason upon which the exemption was made does not exist or is not justifiable, or that the requesting party or applicant has committed misrepresentation in the application, or introduced or submitted falsified documents.

SEC. 6. Who shall implement: - The Philippine National Police (PNP) shall implement this Resolution.

SEC. 7. Effectivity.- This Resolution shall take effect on the seventh (7th) day after its publication in two daily (2) newspapers of general circulation in the Philippines and in one (1) newspaper of local circulation in Bacoor, Cavite.

SEC. 8. Dissemination. The Office of the Deputy Executive Director for Operations shall furnish copies thereof to the Philippine National Police in Bacoor, Cavite, the Municipal Mayor of Bacoor, the Regional Election Director of Region IV, the Provincial Election Supervisor of Cavite, and the Election Officer of the Municipality of Bacoor who shall give this Resolution widest dissemination.

SO ORDERED.