IN THE MATTER OF PRESCRIBING THE CALENDAR OF ACTIVITIES AND PERIODS OF CERTAIN PROHIBITED ACTS IN CONNECTION WITH THE MAY 05, 2018 RECALL ELECTIONS FOR MAYOR OF CABADBARAN CITY, AGUSAN DEL NORTE
WHEREAS, in relation to the conduct of the 05 May 2018 recall elections for Mayor of Cabadbaran City, certain periods and dates prescribed by law for preelection acts can no longer be reasonably observe;
WHEREAS, Section 29 of Republic Act No. 6646 provides:
"Sec. 29. Designation of Other Dates for Certain Pre-election Acts. - If it should no longer be reasonably possible to observe the periods and dates prescribed by law for certain pre-election acts, the Commission shall fix other periods and dates in order to ensure accomplishment of the activities so voters shall not be deprived of their right of suffrage."
NOW, THEREFORE, pursuant to the powers vested in it by the Constitution of the Republic of the Philippines, the Omnibus Election Code (B.P. Blg. 881), Republic Acts No. 6646, 7160, 7166, 9244, and other election laws, the Commission on Elections (Commission), RESOLVED to prescribe the following calendar of activities and periods of prohibited acts in connection with the May 05, 2018 Recall Elections for Mayor of Cabadbaran City, Agusan del Norte:
| DATE/PERIOD | ACTIVITIES | PROHIBITED ACTS |
|---|---|---|
| April 14, 2018 (Sat) | Posting of the List of Voters to be used in the Recall Elections. | |
| April 14, 2018 (Sat) to May 05, 2018 (Sat) | Raising of funds thru dances, lotteries, cockfights, etc. (Section 97, OEC). | |
| April 14, 2018 (Sat) to May 10, 2018 (Thu) | ELECTION PERIOD | Alteration of territory of a precinct or establishment of a new precinct. (Section 5, R.A. 8189).
Transfer or movement of officers and employees in the civil service. (Sec. 261 (h) Omnibus Code Election (OEC.) Illegal release of prisoners. (Section 261 (n), OEC). Bearing, carrying or transporting firearms or other deadly weapons, unless authorized in writing by the Commission. (Sec. 32, R.A. 7166). Use of security personnel or bodyguards by candidates, unless authorized in writing by the Commission. (Section 33, R.A. 7166). Organization or maintenance of reaction forces, strike forces or other similar forces. (Section 261 (u), OEC). Suspension of elective local officials. (Sec. 261 (x), OEC). |
| April 19, 2018 (Thu) to April 20, 2018 (Fri) | FILING OF CERTIFICATES OF CANDIDACY FOR THE RECALL ELECTIONS. | |
| April 21, 2018 (Sat) to May 03, 2018 (Thu) | CAMPAIGN PERIOD FOR THE RECALL ELECTIONS | Removing, destroying, obliterating, defacing, tampering or preventing distribution of lawful election propaganda. (Sec. 83, OEC). |
| April 21, 2018 (Sat) to May 04, 2018 (Fri) | Appointment or hiring of new employees, creation or filling up of new positions, promotion or giving of salary increases, remuneration or privilege. (Sec. 261 (g), OEC) | |
| April 21, 2018 (Sat) to May 04, 2018 (Fri) | Construction of public works, delivery of materials for public works and issuance of treasury warrant or similar devises for a future undertaking chargeable against public funds. (Section 261 (w), OEC)
Release, disbursement or expenditures of public funds (Sec. 261 (v) OEC) |
|
| April 21, 2018 (Sat) to May 05, 2018 (Sat) | Wearing of uniforms, insignias, and bearing arms. (Sec. 262 (s), OEC).,
Vote buying and vote selling. (Section 261 (a), OEC) |
|
| April 21, 2018 (Sat) to May 05, 2018 (Sat) | Making any donation or gift in cash or in kind, etc. (Section 104, OEC).
Use of armored land/water/aircraft. (Section 261 (r), OEC). Appointing or using special policemen, special/confidential agents, or the like. (Section 261 (m), OEC). |
|
| April 23, 2018 (Mon) | Last day to constitute members of the Board of Election Inspectors (BEIs), the City Board of Canvassers and its Support Staff. | |
| May 04, 2018 (Fri) | EVE OF RECALL ELECTION | 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. (Section 89, OEC). (NOTE: Acts mentioned in the three (3) preceding paragraphs are prohibited until election day.) |
| May 05, 2018 (Sat) | RECALL ELECTION DAY | Carrying of deadly weapons in the polling place. (Sec. 261 (p), OEC) |
| May 05, 2018 (Sat) | (Casting of votes from 7:00 o'clock a.m. to 3:00 o'clock p.m.) (Sec. 190, OEC). | Voting more than once or in substitution of another. (Section 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. (section 261 (cc) (6), OEC). Opening of booths or stalls for the sale, etc., of wares, merchandise or refreshments, within thirty (30) meters radius from the polling place. (Sec. 261 (dd), OEC). Holding of fairs, cockfights, boxing, horse races or similar sports. (Section 261 (dd) (3), OEC). |
| May 05, 2018 (Sat) @6:00 p.m. | Counting of votes from close of polls onwards until finished.
Convening of the City Board of Canvassers. Canvass of votes and proclamation of the winning candidate. (6:00 o'clock p.m. until finished.) |
|
| May 06, 2018 (Sun) to June 04, 2018 (Mon) | Filing of Sworn Statements of Contributions and Expenditures (SOCEs). |
The periods, activities and prohibited acts enumerated herein are independent and distinct from those prescribed by the Commission in connection with the holding of the 14 May 2018 barangay and sangguniang kabataan elections.
This Resolution shall take on the seventh (7th) day after its publication in two (2) daily newspapers of general circulation in the Philippines.
The Education and Information Department, this Commission, shall cause the immediate publication of this Resolution and shall furnish copies thereof to the Regional Election Director of CARAGA, the Provincial Election Supervisor of Agusan Del Norte, the Election Officer of Cabadbaran City, and all Departments, Bureaus, Offices and Agencies concerned.
SO ORDERED.
SIGNED:- PARREÑO, AL A., Acting Chairman
- GUIA, LUIE TITO F., Commissioner
- GUANZON, MA. ROWENA AMELIA V., Commissioner
- ABAS, SHERIFF M., Commissioner