Resolution No. 10290

WHEREAS, Article IX-C, Section 2(4) of the 1987 Constitution empowers the Commission on Elections (Commission) to deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of the Government for the exclusive purpose of ensuring free, orderly, honest, peaceful and credible elections;

NOW, THEREFORE, the Commission, by virtue of the powers vested in it by the Constitution of the Republic of the Philippines, the Omnibus Election Code and other related election laws, has RESOLVED, as it hereby RESOLVES, to deputize the following law enforcement agencies and instrumentalities of the Government, in connection with the conduct of the 05 May 2018 Recall Elections for Mayor in Cabadbaran City, Agusan del Norte:

SECTION 1. Deputation of the Department of Interior and Local Government (DILG) and the National Police Commission (NAPOLCOM), Duties and Functions. - The DILG and NAPOLCOM are hereby deputized to:

1. Provide security to polling places, polling centers/voting centers, canvassing/ consolidation centers, and such other places or buildings, including election paraphernalia, equipment, forms and supplies, that will be used in connection with the elections;
2. Provide security to the personnel of the Commission, its deputies and other persons performing election-related functions;
3. Deploy, at the least time possible, troops for election duty in coordination with the concerned Regional Election Director, Provincial Election Supervisor, and Election Officer;
4. Make available, at the least time possible, land, air and water-craft assets, communication systems and other equipment, in connection with the conduct of the elections;
5. Look into the existence of any armed group organized to commit, or which is committing or attempting to commit, acts of terrorism, or threats to intimidate or coerce any person to vote for or against a candidate, and to suppress or prevent said acts of terrorism or threats;
6. Assist the Commission in implementing more effectively election laws and/or rules and regulations, particularly the laws governing prohibition against military, policemen and provincial guards acting as bodyguards or security guards for the candidates, the use of armored vehicles and air or water-craft, and the prohibition on bearing, carrying or transporting firearms and other deadly weapons in public places;
7. Provide security escorts to candidates, subject to the conditions and restrictions on the Resolution imposing the ban on the carrying of firearms and other deadly weapons and the ban on the use of security personnel or bodyguards;
8. Conduct a periodic assessment of the peace and order conditions in critical areas and recommend measures which may be adopted by the Commission in the interest of free, orderly, honest, peaceful and credible elections;
9. Comply with and/or implement directives or resolutions of the Commission, which shall take precedence over and above the orders and directives issued by any other office or agency of the Government, except the Supreme Court and those issued in habeas corpus proceedings; and
10. Render periodic reports on action taken in accordance with this Resolution.

SEC. 1. Deputization of other Law Enforcement Agencies, Duties and Functions. - The Bureau of Jail Management and Penology (BJMP), the Bureau of Corrections (BuCor), the National Bureau of Investigation (NBI) and other law enforcement agencies are hereby deputized in connection with the conduct of the 05 May 2018 Recall Elections for Mayor in Cabadbaran City, Agusan del Norte.

SEC. 2.1 The Bureau of Jail Management and Penology and the Bureau of Corrections, Duties and Functions. - The BJMP and BuCor are hereby deputized to:

1. 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 prisoner in their custody who illegally orders or allows any prisoner detained in the national penitentiary, or the provincial, city jail to leave the premises thereof sixty days before and thirty days after the election. The 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 be categorized as such"; and

2. Comply with all orders, directives and resolutions which the Commission may issue or promulgate.

SEC. 2.2 The National Bureau of Investigation, Duties and Functions. - Upon prior order of the Commission, the NBI is hereby deputized to perform the following duties and functions:

1. Deploy its agents to designated areas in order to effectively carry out the objective of this Resolution, furnishing the Commission with the list of said agents;
2. Direct its agent 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. Report from time to time to the Commission actions it has taken pursuant to this Resolution; and
4. Comply with the orders, and directives 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.

SEC. 3. Deputation of certain departments under the Executive Branch. - The Department of Education (DepEd), the Department of Finance (DOF), Department of Transportation (DOTr), Department of Information and Communications Technology (DICT), and The Department of Public Works and Highways (DPWH) are hereby deputized in connection with the conduct of the 05 May 2018 Recall Elections for Mayor in Cabadbaran City, Agusan del Norte.

SEC. 3.1. The Department of Education, Duties and Functions. - The DepEd shall have the following duties and functions:

1. Comply with and enforce all orders and instructions of the Commission relative to the election duties and functions of its personnel;
2. Allow the use of public school buildings for election purposes;
3. Not to hold, during the election period, conferences, seminars or any school activity, which might interfere, restrict, or prevent the performance of election duties of its personnel, except upon prior written authority from the Commission; and
4. Perform such other duties and functions which the Commission may prescribe from time to time.

SEC. 3.2. The Department of Finance, Duties and Functions. - The DOF shall have the following duties and functions:

1. Comply with and enforce all orders and instructions of the Commission relative to the election duties and functions of its personnel;
2. Ensure that provincial and city treasurers remain in their present assignments and neither transferred/ detailed, reassigned, whether temporary or permanently, to another province, city or municipality, except upon prior written authority of the Commission, nor allowed to go on leave of absence from office during the period starting two weeks before and two weeks after election day, except upon prior written approval of the Commission;
3. Not to designate temporary or casual employee as Officer-in-Charge of the Office of the Treasurer; and
4. Perform such other duties and functions which the Commission may prescribe from time to time.

SEC. 3.3. The Department of Transportation and the Department of Information and Communications, Duties and Functions. - The DOTr and DICT, including its attached agencies, shall perform the following duties and functions in connection with their respective mandates:

1. Circularize to all owners and operators of land and air transportation facilities and telecommunications services, holders of certificates of public convenience, franchises or other forms of authorization, that the following provisions under the Omnibus Election Code are election offenses:
   1. Sec. 89, which prohibits any candidate, political party or organization or any person from giving or accepting transportation, free of charge, directly or indirectly during the five (5) hours before and after a public meeting, on the day preceding the election and on election day;
   2. Sec. 95, which prohibits contributions for partisan political activity given directly or indirectly by natural or juridical persons operating a public utility; or by natural or juridical persons who hold contracts or subcontracts to supply the government or any of its agencies, subdivisions or instrumentalities with goods or services or to perform construction or other work; or by natural or juridical persons who have been granted franchise, incentives, exemptions, or allocations or similar privileges or concessions by the government or any of its agencies, subdivisions or instrumentalities including government-owned or controlled corporations; or by natural or juridical persons who within one (1) year prior to the date of the election have been granted loans or other accommodations in excess of P100,000.00 by the government or any of its agencies, subdivisions or instrumentalities government-owned or controlled corporations;
   3. Sec. 97, which makes it unlawful for any person or organization, whether civic or religious, to directly or indirectly solicit and/or accept from any candidate for public office or from his campaign manager, agent or representative, or any person acting in their behalf, any gift, food, transportations, contribution or donation in cash or in kind from the commencement of the election period up to and including election day;
   4. Sec. 261 (o), which prohibits the use under any guise whatsoever, directly or indirectly of any printing press, radio or television station or audio-visual equipment operated by the government or by its subdivisions, instrumentalities, agencies or instrumentalities, including government-owned or controlled corporations, or any equipment, facility, apparatus, paraphernalia or vehicle owned by the government or by its political subdivisions, agencies or instrumentalities, including government-owned or controlled corporations or by the Armed Forces of the Philippines for any election campaign of for any partisan political activity; and
   5. Sec. 261 (dd), which penalizes any operator or employee of a public utility or transportation company operating under a certificate of public convenience who refuses to carry official election mail matters free of charge during the election period.
2. Require all transportation companies engaged in the operation of transportation facilities to report within thirty (30) days following the day of the election, the use, rental or hiring of their facilities by any candidate in connection with the election campaign, including the amount paid for such use, rental or hiring, as provided for and in accordance with the rules on campaign finance and disclosure in connection with the 05 May 2018 recall elections for Mayor of Cabadbaran City; and
3. Perform such other duties and functions which the Commission may prescribe from time to time.

SEC. 3.4. The Department of Public Works and Highways; Duties and Functions. - The DPWH shall perform the following duties and functions:

1. Assist the Commission in .removing and tearing down all unlawful election materials, and perform such other duties and functions as the Commission may prescribe from time to time.
2. Provide facilities and/ or equipment necessary in the tearing down of illegal propaganda materials, and perform such other duties and functions as the Commission may prescribe from time to time.

SEC. 3.5. The Philippine Information Agency (PIA), Duties and Functions. - The PIA shall perform the following duties and functions:

1. Assist the Commission in its education and information campaign on the conduct of the 05 May 2018 Recall Elections for Mayor in Cabadbaran City, Agusan del Norte;
2. Make available to the Commission its facilities and services of its personnel, as may be necessary to ensure implementation of the programs of activities or operation plans for the Commission's information campaign;
3. Produce such information materials as the Commission may deem necessary to ensure the conduct of free, orderly, honest, peaceful and credible Recall Elections for Mayor in Cabadbaran City, Agusan del Norte; provided, that in all cases:
   1. The Agency shall adhere strictly to the policy of the Commission that the education and information campaign must be absolutely impartial, objective and neutral;
   2. b. The expenses it may incur as such deputy for the information campaign of the Commission, i.e., production of information materials, shall be for the exclusive account of the agency; and
   3. Any information material which the Agency, as such deputy, shall produce upon the direction of the Commission, shall be published/ distributed/released only upon prior clearance from the Commission to ensure that nothing therein contained shall detract from or violate the policy of impartiality, objectivity and neutrality.
4. Perform such other duties and functions which the Commission may prescribe from time to time.

SEC. 4. Deputization of the Philippine Postal Corporation (PHLPost) and the National Telecommunications Commission (NTC), Duties and Functions. - The PHLPost and NTC are hereby deputized to perform the following duties and functions:

1. Instruct their respective personnel and the management of all private telecommunications firms to give special preference to, and effect immediate transmission and delivery of messages or telegrams of the Commission, its field personnel and deputies during the election period;
2. Impress upon such personnel and management that non-compliance with the provisions of Sec. 9 of the Omnibus Election Code on preferential transmissions of official mails, messages and telegrams relative to the elections, constitutes an election offense punishable under Sec. 264 of said Code with imprisonment of not less than one (1) year but not more than six (6) years and shall not be subject to probation. In addition, the guilty party shall be sentenced to suffer disqualification to hold public office and deprivation of the right of suffrage;
3. Assign sufficient number of personnel to receive, transmit and deliver election messages ten (10) days before Election Day, on election day, and ten (10) days after election day;
4. Make operational all its stations during election period; and
5. Perform such other duties and functions which the Commission may prescribe from time to time.

SEC. 6. Deputation of certain Government Agencies to provide sufficient electrical power supply in connection with the conduct of elections. - The National Electrification Administration (NEA), the National Power Corporation (NPC), the Local Electrification Cooperatives (LEC), the Department of Energy (DOE), the Department of Environment and Natural Resources (DENR), the Department of Public Works and Highways (DPWH) the Department of the Interior and Local Government (DILG), the Philippine National Police (PNP), the Department of National Defense (DND), the Armed Forces of the Philippines (AFP) are further deputized to provide sufficient uninterrupted electrical power supply and secure the transmission infrastructure and facilities during the critical days of the elections.

SEC. 6. - Duties and Functions. - As such deputies, they shall have the following duties and functions:

1. Provide and maintain stable and continuous nationwide electric power requirements from 05 May 2018 or upon the start of voting, until the termination or conclusion of the canvassing of votes and the proclamation of the winning candidates;
2. Provide sufficient personnel to secure the nationwide transmission lines, substations, and other related power facilities;
3. Provide assistance to and coordinate with the National Grid Corporation of the Philippines (NGCP) to implement clearing of the nationwide transmission facilities to include substations, towers and other related power facilities, in support of its systems operations functions. Towards, this end, the DENR shall facilitate the clearing of trees within the required transmission right-of-way;
4. Perform such other duties and functions as the Commission may provide.

SEC. 6.2. Support from COMELEC Field Offices. - All Commission field offices are directed to provide whatever support they can extend to the DOE and NGCP in the information dissemination of public awareness materials.

SEC. 7. The Civil Service Commission (CSC), Duties and Function. - In connection with the conduct of the 05 May 2018 Recall Elections for Mayor in Cabadbaran City, Agusan del Norte, the CSC shall enforce and implement the following:

1. Section 2, Paragraph 4 of Articled IX (B), and Section 6 Article IX (B) of the Constitution, which provides that:
   
   "Section 2. (1) xxx
   
   "(4) No officer or employee in the civil service shall engage, directly or indirectly, in any electioneering or partisan political campaign.
   
   xxx
   
   "Section 6. No candidate who has lost in any election, shall within one year after such election, be appointed to any office in the Government or any government-owned or controlled-corporation or in any of its subsidiaries."
2. Section 261 (g), (h) and (i) of the Omnibus Election Code in relation to Comelec Resolution 10274 promulgated on 27 March 2018 insofar as the period of prohibition.

SEC. 8. The Commission on Audit (COA) and the Department of Budget and Management (DBM); Duties and Functions. - In connection with the 05 May 2018 Recall Elections for Mayor in Cabadbaran City, Agusan del Norte, the COA and the DBM shall enforce and implement the provisions of Section 261 (v) and (w) of the Omnibus Election Code, subject to the provisions of Comelec Resolution No. 10274 dated 27 March 2018 insofar as the period of prohibition.

SEC. 9. Precedence of Commission Orders. - Orders issued by the Commission in connection with the 05 May 2018 Recall Elections for Mayor in Cabadbaran City, Agusan del Norte shall take precedence over and above the orders and directives issued by any other office or agency of the Government.

However, nothing contained herein 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 peace-keeping functions of the PNP.

SEC. 10. Effectivity. - This Resolution shall take effect on the seventh (7th) day after its publication in two (2) daily newspapers of general circulation in the Philippines.

SEC. 11. Dissemination and Publication. - The Executive Director shall furnish copies of this Resolution to all of the above-named departments, agencies, or offices, and to the Regional Election Director of CARAGA region, Provincial Election Supervisor of Agusan del Norte and Election Officer of Cabadbaran City, Agusan del Norte.

The Education and Information Department shall cause the publication of this Resolution in at least two (2) daily newspapers of general circulation in the Philippines, and disseminate this Resolution for the information of the public.

SO ORDERED.

SIGNED:


• PARREÑO, AL A., Acting Chairman
• GUIA, LUIE TITO F., Commissioner
• ABAS, SHERIFF M., Commissioner


ON OFFICIAL BUSINESS:

• GUANZON, MA. ROWENA AMELIA V., Commissioner