Resolution No. 9390

WHEREAS, pursuant to the Constitution, the Omnibus Election Code, Republic Act No. 6646, Republic Act No. 7166, and other election laws, the Commission on Elections (Commission) may deputize law enforcement agencies and instrumentalities of the government, including the Philippine National Police, and exercise direct supervision and control over such agencies required by law to perform duties relative to the conduct of the elections;

WHEREAS, there is a need to deputize, with the concurrence of the President of the Philippines, such law enforcement agencies and instrumentalities of the government, including the Philippine National Police and to prescribe their duties and functions to ensure the holding of free, orderly, honest, peaceful and credible special election on June 02, 2012 in the Fifth Legislative District of the Province of Negros Occidental;

NOW, THEREFORE, the Commission on Elections, by virtue of the powers vested in it by the Constitution, the Omnibus Election Code, Republic Act No. 6646, Republic Act No. 7166, and other related election laws, has RESOLVED, as it hereby RESOLVES, to deputize the following law enforcement agencies and instrumentalities of the government, to perform specific duties relative to the conduct of the election, as follows:

The Department of the Interior and Local Government (DILG), National Police Commission (NAPOLCOM) and the Philippine National Police (PNP), are hereby deputized in connection with the June 02, 2012 special election for Member, House of Representatives, Fifth Legislative District of the Province of Negros Occidental, and as such, shall, within the Fifth Legislative District of the Province of Negros Occidental:

1. Effect no changes, during the election period from April 18, 2012 to June 17, 2012, in the assignments of regional, provincial and municipal station unit commanders, without the prior written permission of the Commission;
2. Strictly observe the following duties and functions:

1. Provide security to polling places, polling centers/voting centers, and such other places or building, the members of the boards of election inspectors and the voters whenever the need arises, or whenever the Commission through the Election Officer so requires;
2. Provide security to personnel of the Commission, its deputies and other persons performing election-related functions including election paraphernalia, equipments, forms and supplies, that will be used by the Commission;

3. Deploy, at the least time possible, troops for election duty in coordination with the Regional Election Director and the Provincial Election Supervisor in the said province;
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 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;
9. Comply with and/or implement directives or resolutions which the Commission may issue or promulgate from time to time;
10. Take effective measures to prevent members of civilian vigilante units and barangay tanods from engaging in partisan political activities or any act of terrorism, intimidation, coercion, harassment or reprisal;
11. Take steps to prevent private security agencies from acting as private armies of any candidate or as campaigners for terroristic or violent acts against persons in connection with June 02, 2012 special election for Member, House of Representatives, Fifth Legislative District of Negros Occidental;
12. Implement strictly the rules and regulations promulgated by the Commission;
13. Perform such other functions and duties or implement such other directives as the Commission may issue from time to time; and
14. Render periodic reports on actions taken in accordance with this deputation.
    

The National Bureau of Investigation (NBI) is hereby deputized for purposes of the June 02, 2012 special election for Member, House of Representatives, Fifth Legislative District of Negros Occidental, and, upon prior Order from the Commission, shall:

1. Deploy its agents to designated places in order to effectively carry out the objective of this Resolution, furnishing the Commission with a list of said agents;
2. Direct its agents 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 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.

The Bureau of Jail Management and Penology (BJMP) is hereby deputized to 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 prisoners in their custody who illegally orders or allows any prisoner detained in the national penitentiary, or the provincial, city or municipal jail to leave the premises thereof sixty days before and thirty days after the election. The municipal or 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 to comply with all orders, directives and resolutions, which the Commission may, from time to time, promulgate.

Orders issued by the Commission in connection with the June 02, 2012 special election for Member, House of Representatives, Fifth Legislative District of Negros Occidental 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 Philippine National Police.

This Resolution shall take effect seven (7) days after its publication in two (2) daily newspapers of general circulation in the Philippines.

The Executive Director shall furnish copies of this Resolution to all the above deputized departments, agencies, offices or agencies, through their respective heads, the Regional Election Director of Region VI, the Provincial Election Supervisor of Negros Occidental, and the Election Officers in the Fifth Legislative District of Negros Occidental, and coordinate with the above-named departments, offices or agencies for effective implementation thereof.

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.