Resolution No. 9945

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

WHEREAS, Article XVI, Section 5(3) of the 1987 Constitution provides that the members of the AFP shall be insulated from partisan politics and prohibits all members thereof from engaging, directly or indirectly, in any partisan political activity, except to vote;

WHEREAS, in line with the above constitutional provisions, the deputation should be such that the AFP can perform its duties and functions as deputy of the Commission and at the same time be insulated from partisan political activity;

WHEREAS, there is a need to clearly define the role of the AFP during the conduct of the May 08, 2015 Recall Elections for Mayor in the City of Puerto Princesa, Palawan, pursuant to COMELEC Resolution No. 15-0284 dated 7 April 2015;

NOW, THEREFORE, the Commission on Elections, by virtue of the powers vested in it by the Constitution, the Omnibus Election Code and other related election laws, has RESOLVED, as it hereby RESOLVES, as follows:

SECTION 1. Coverage of Deputation. - The AFP is hereby deputized to ensure free, honest, orderly, peaceful and credible conduct of the May 08, 2015 Recall Elections for Mayor in the City of Puerto Princesa, Palawan, pursuant to COMELEC Resolution No. 15-0284 dated 7 April 2015.

SEC. 2. Duties and Functions of the AFP as Deputy of the Commission.

The AFP shall:

1. Provide security to polling places, polling centers/voting centers, counting centers, and such other places or buildings, including election paraphernalia, equipment, forms and supplies, that will be used by the Commission;
2. Provide security to the personnel of the Commission and its deputies and other persons performing election-related functions;
3. Deploy, at the least time possible, troops for election duty in coordination with the Regional Election Director of Region IV, the Provincial Election Supervisor of Palawan and the Election Officer of the City of Puerto Princesa, Palawan;
4. Make available, at the least time possible, land, air and water-craft assets, communication systems and other equipment, in connection with the delivery and retrieval of election equipment, documents, supplies, forms and paraphernalia;
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 candidate/s only in the absence of PNP and other law enforcement agency personnel, subject to the conditions and restrictions on the Resolution imposing the gun ban;
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; and
9. Comply with and/or implement directives or resolutions which the Commission may issue or promulgate from time to time.
10. Notwithstanding the deputation, the AFP shall continue with the conduct of all Internal Security Operations or its own functions and responsibilities.

SEC. 3. Precedence of COMELEC Orders. - Orders issued by the Commission in connection with the May 08, 2015 Recall Elections for Mayor in the City of Puerto Princesa, Palawan, 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 cases.

SEC. 4.Effectivity. - This Resolution shall take effect after its publication in two (2) daily newspapers of general circulation in the Philippines.

SEC. 5.Dissemination. - The Executive Director shall furnish copies of this Resolution to the Secretary of the Department of National Defense, the Chief of Staff of the AFP, the Regional Election Director of Region IV, the Provincial Election Supervisor of the Province of Palawan and the Election Officer of the City of Puerto Princesa. The Executive Director shall coordinate with the above-named department and offices for effective implementation hereof.

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

SO ORDERED.

• LIM, CHRISTIAN ROBERT S., Acting Chairman
• PARREÑO, AL A., Commissioner
• GUIA, LUIE TITO F., Commissioner
• LIM, ARTHUR D., Commissioner