IN THE MATTER OF THE AMENDMENT OF COMELEC RESOLUTION NO. 9853 PROMULGATED ON FEBRUARY 19, 2014, ENTITLED: "RULES AND REGULATIONS ON THE RESUMPTION OF THE SYSTEM OF CONTINUING REGISTRATION OF VOTERS, VALIDATION AND UPDATING OF REGISTRATION RECORDS FOR THE MAY 9, 2016 SYNCHRONIZED NATIONAL, LOCAL AND ARMM REGIONAL ELECTIONS AND OTHER REGISTRATION POLICIES
This pertains to the Memorandum dated July 14, 2015 of Deputy Executive Director for Operations Bartolome J. Sinocruz, Jr. relative to the Memorandum of Director Teopisto E. Elnas, Jr., Election and Barangay Affairs Department, recommending the amendment of COMELEC Resolution No. 9853 promulgated on February 19, 2014, entitled: "Rules and Regulations on the Resumption of the System of Continuing Registration of Voters, Validation and Updating of Registration Records for the May 9, 2016 Synchronized National, Local and ARMM Regional Elections and other Registration Policies.
The Memorandum of Director Sinocruz reads:
"Attached is the Memorandum dated 08 July 2015, from Director Teopisto E. Elnas, Jr., of the Election and Barangay Affairs Department (EBAD), forwarding the Memorandum, dated 25 May 2015, of Election Officer (EO) Edwin C. Cañadilla of Malapatan, Sarangani.
In his Memorandum of 25 May 2015, EO Cañadilla expressed the anxiety, fear and risk he and his staff were exposed to during the satellite registration they conducted from 22-24 May 2015 at Barangay Kinam, one of the far-flung Barangays of Malapatan. EO Cañadilla reported that in the evening of 22 May 2015, elements of New People's Army (NPA) were sighted about 200 meters away from the barangay hall where they were positioned; that when they completed the satellite registration in the evening of 23 May 2015, they packed the VRM and belongings in order to pull out of the area but were told by their PNP escorts that they cannot move-out of the area during the night as the NPA were planning for an ambush, possibly to take away their computer and other equipment; that it is best to move-out in the morning when the AFP reinforcement arrives; that they successfully moved out of the area at 6:00 in the morning of 24 May 2015.
Because of what they experienced, EO Cañadilla is recommending the amendment of Comelec Resolution No. 9853 dated 19 February 2014 entitled 'Rules and Regulations on the Resumption of the System of Continuing Registration of Voters, Validation and Updating of Registration Records for the May 9, 2016 Synchronized National and Local Elections and Other Registration Policies', to the effect that no satellite registration be conducted in 'urban/farflung hinterland barangays'. In addition, EO Cañadilla prayed that the effort of the PNP, AFP, the barangay officials of Barangay Kinam as well as some personnel of the municipality of Malapatan, be recognized for securing the VRN and staff of COMELEC against NPA threat during the 22-24 May 2015 satellite registration.
Sarangani Provincial Election Supervisor Michael Mamukid forwarded EO Cañadilla's memorandum to Region XII Regional Election Director Michael C. Abas who endorsed EO Cañadilla's recommendation to Director Elnas of EBAD, for favorable action.
For his part, Director Elnas recommended as follows:
'... in areas where there are imminent danger to the Commission's personnel lives and property when the proposed satellite registration will be conducted in far-flung/hinterland barangays, the Election Officer concerned shall coordinate with the Armed Forces of the Philippines (AFP) or the Philippine National Police (PNP) for the conduct of threat/security assessment prior to the scheduled satellite registration. In the event that the result of the assessment will clearly establish that the lives of our field personnel as well as the Commission's properties will be compromised or endangered prudence dictates that no satellite registration shall be conducted in the said areas and that appropriate reports on the matter shall be submitted to (EBAD) as certified by the concerned Election Officer with confirmation from their AFP and/or PNP counterparts.
'While under Resolution No. 9853 the conduct of satellite registration at that barangay level is mandatory, (the) security issues/concerns is a valid ground for the EOs to refrain from conducting the said activity in the affected areas'
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This Office of the Deputy Executive Director for Operations finds EBAD's recommendation reasonable and just under the circumstances, and recommends that Section 5 of Comelec Resolution No. 9853 be amended by inserting a new paragraph immediately after the first paragraph, to read as follows:
'Sec. 5. Satellite registration offices. - x x x ...
'However, when the satellite registration is to be conducted in a far-flung/hinterland barangays, the Election Officer shall first request the PNP or AFP for a security/threat assessment of the area. If the assessment show that it is not advisable to conduct satellite registration in the area, the Election Officer shall not do so. In such a case, the Election Officer shall prepare a report on the non-conduct of the satellite registration and the reason for not doing so, and submit the report, together with the threat/security assessment, to the EBAD within five (5) days from the time the Election Officer received the security/threat assessment.
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For Your Honors' consideration, please."
Considering the foregoing recommendation of Deputy Executive Director for Operations Bartolome J. Sinocruz, Jr., the Commission RESOLVED, as it hereby RESOLVES, to amend Section 5 of COMELEC Resolution No. 9853 promulgated on February 19, 2014, entitled: "Rules and Regulations on the Resumption of the System of Continuing Registration of Voters, Validation and Updating of Registration Records for the May 9, 2016 Synchronized National, Local and ARMM Regional Elections and other Registration Policies", by inserting a new paragraph immediately after the first paragraph. Thus, Section 5 of COMELEC Resolution No. 9853 shall now read as follows:
"Sec. 5. Satellite registration offices. - Satellite registration shall be conducted either in barangay halls, public/private schools, commercial establishments and other public places within the city/municipality to ensure wider voter participation. There shall be at least one (1) satellite registration for every barangay.
However, when the satellite registration is to be conducted in far-flung/hinterland barangays, the Election Officer shall first request the PNP or AFP for a security/threat assessment of the area. If the assessment shows that it is not advisable to conduct satellite registration in the area, the Election Officer shall not do so. In such a case, the Election Officer shall prepare a report on the non-conduct of the satellite registration and the reason for not doing so, and submit the report, together with the threat/security assessment, to the EBAD within five (5) days from the time the Election Officer received the security/threat assessment.
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The Education and Information Department is hereby directed to cause the widest dissemination of this Resolution and its publication in two (2) newspapers of general circulation.
Let the Election and Barangay Affairs Department, the Education and Information Department, and the Information Technology Department implement this Resolution.
SO ORDERED.
SIGNED:
- BAUTISTA, J. ANDRES D., Chairman
- LIM, CHRISTIAN ROBERT S., Commissioner
- PARREÑO, AL A., Commissioner
- GUIA, LUIE TITO F., Commissioner
- LIM, ARTHUR D., Commissioner
- GUANZON, MA. ROWENA AMELIA V., Commissioner
- ABAS, SHERIFF M., Commissioner