IN THE MATTER OF ADOPTING COMELEC RESOLUTION NO. 9615 PROMULGATED ON JANUARY 15, 2013, AS AMENDED BY COMELEC RESOLUTION NO. 9631 PROMULGATED ON FEBRUARY 1, 2013, AND AS FURTHER MODIFIED BY THE DECISION OF THE SUPREME COURT DATED SEPTEMBER 2, 2014, IN G.R. NOS. 205357; 205374; 205592; 205852; AND 206360, IN CONNECTION WITH THE MAY 8, 2015 RECALL ELECTIONS FOR MAYOR IN THE CITY OF PUERTO PRINCESA, PALAWAN
WHEREAS, Section 1 of Republic Act (R.A.) No. 9006 provides for the bolding of free, orderly, honest, peaceful and credible elections through fair elections practices;
WHEREAS, on January 15, 2013, the Commission promulgated COMELEC Resolution No. 9615 entitled "RULES AN REGULATIONS IMPLEMENTING REPUBLIC ACT NO. 9006, OTHERWISE KNOWN AS THE "FAIR ELECTION ACT" IN CONNECTION TO THE 13 MAY 2013 NATIONAL AND LOCAL ELECTIONS, AND SUBSEQUENT ELECTIONS";
WHEREAS, on February 1, 2013, COMELEC Resolution No. 9615 was amended by COMELEC Resolution No. 9631 entitled "IN THE MATTER OF E.M. NOS. 13-001 & 13-002 RE: LETTERS OF GMA NETWORK AND KBP SEEKING RECONSIDERATION AND CLARIFICATION OF CERTAIN PROVISIONS IN RESOLUTION NO. 9615, AND SOME MINOR CORRECTIONS OF TYPOGRAPHICAL ERRORS THEREIN";
WHEREAS, on September 2, 2014, in several cases docketed as G.R. Nos. 205357, 205374, 205592, and 206360, the Supreme Court held:
"WHEREFORE, premises considered, the petitions are PARTIALLY GRANTED, Section 9 (a) of Resolution No. 9615, as amended by Resolution No. 9631, is declared UNCONSTITUTIONAL and, therefore, NULL and VOID. The constitutionality of the remaining provisions of Resolution No. 9615, as amended by Resolution No. 9631, is upheld and remain in full force and effect.";
WHEREAS, COMELEC Minute Resolution No. 15-0284 dated April 7, 2015 scheduled the Recall Elections for Mayor in the City of Puerto Princesa, Palawan on May 8, 2015.
NOW, THEREFORE, the Commission, by virtue of the powers vested in it by the Constitution, the Omnibus Election Code, Republic Act Nos. 6646, 7166, 9006 and other related laws has RESOLVED, as it hereby RESOLVES, to adopt COMELEC Resolution No. 9165 promulgated on January 15, 2013 entitled "RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO. 9006, OTHERWISE KNOWN AS "THE FAIR ELECTION ACT", IN CONNECTION TO THE 13 MAY 2013 NATIONAL AND LOCAL ELECTIONS, AND SUBSEQUENT ELECTIONS", as amended by COMELEC Resolution No. 9631 promulgated on February 1, 2013 entitled "IN THE MATTER OF E.M. NOS. 13-001 & 13-002 RE: LETTERS OF GMA NETWORK AND KBP SEEKING CONSIDERATION AND CLARIFICATION OF CERTAIN PROVISIONS IN RESOLUTION NO. 9615, AND SOME MINOR CORRECTIONS OF TYPOGRAPHICAL ERRORS THEREIN", and as further modified by the decision of the Supreme Court dated September 2, 2014 in G.R. Nos. 205357, 205374, 205592, 205852, and 206360, in connection with the May 8, 2015 Recall Elections for Mayor in the City of Puerto Princesa, Palawan, pursuant to COMELEC Resolution No. 15-0284 dated April 7, 2015.
This Resolution shall take effect after its publication in two (2) daily newspapers of general circulation in the Philippines.
Let the Education and Informatino Department, this Commission, cause the publication of this Resolution in two (2) daily newspapers of general circulation in the Philippines and furnish copies thereof to the Regional Election Director of Region IV, the Provincial Election Supervisor of the Province of Palawan, the City Election Officer of Puerto Princesa City, mass media entities and deputized government agencies/offices.
SO ORDERED.
SIGNED:
- LIM, CHRISTIAN ROBERT S., Acting Chairman
- PARREÑO, AL A., Commissioner
- GUIA, LUIE TITO F., Commissioner
- LIM, ARTHUR D., Commissioner