Ohta ‘THE MATTER OF THE DEFERMENT OF ISSUANCE OF PRIOR APPROVAL EXCERPT FROM THE MINUTES OF THE REGULAR EI MEETING OF THE COMMISSION ON ELECTIONS | HELD ON MARCH 29, 2016 COUMISSIE BANC 118 PPS aHON ELECTIONS sic Present: EDUCATION re PEON TON DEBARTHENT Chairman J, Andres D. Bautista Commissioner Christian Robert S. Lim Commissioner Al A. Parrefio Commissioner Arthur D. Lim ay: Commissioner Ma. Rowena Amelia V. Gtidtidon On Official Business: Commissioner Lule Tito F. Guia Commissioner Sheriff M. Abas XXX XXX XXX EIVED ON REQUESTS FOR EXEMPTION FROM THE PROVISION OF SECTION 261 (x) ‘OF THE OMNIBUS ELECTION CODE This pertains to the Memorandum dated March 28, 2016 of Acti Maria Norina S. Tangaro-Casingal, Law Department, recommending of issuance of prior approval on requests for exemption from the provis ing Director IV ithe deferment ion of Section... 261 (x) of the Omnibus Election Code. The Memorandum of Director Tangaro-Casingal reads: “This has reference to the several requests for prior approve Commission on Elections to implement orders of suspension as a preventive suspension against local elective officials during the electio1 pursuant to Section 261 (x) of the Omnibus Election Code. above provision is implemented by COMELEC Resolution No. specifically, Rule IV thereof: Section 261 (x) of the Omnibus Election Code reads: Sec. 261. Prohibited Acts. - The following shall be guilty of al election offens (x) Suspension of elective provincial, city, municipal or perme officer. - The provisions of law to the contrary notwithstanding during the election period, any public official who suspends, without prior approval of the Commission, any elective provincial, city, municipal or barangay officer, unless sai suspension will be for purposes of applying the ‘Anti-Graft an Corrupt Practices Act’ in relation to the suspension and remove of elective officials; in which case the provisions of this sectio shall be inapplicable. For the purpose of the 09 May 2016 National and Local Electi¢ I of the inalty or period id ] ti ns, the 10030, RULE IV SUSPENSION OF ELECTIVE PROVINCIAL, CITY, MUNICIPAL OR BARANGAY OFFICER SECTION 1. Prohibited Acts. — From January 11 2016 to June 08, 2016, the provisions of law to the contra notwithstanding, no public official shall, except upon waitten approval of the Commission, suspend any elective ‘provincial, city, municipal or barangay officer,Page 2MRNo. 16 0222 | No prior approval is required if the suspension will be for purposes of applying the ‘Anti-Graft and Corrupt Practices Act’ Ir relation to the suspension and removal of elective officials. SECTION 2. Request for Authority of the Commission to ‘Suspend any Elective Provincial, City, Municipal or Barangay Officer, unless Suspension will be for Purposes of Applying the Anti-Graft and Corrupt Practices Act: Where and How to file. — Requests for authority to suspend an elective provincial, city, municipal or barangay officer shall be submitted to the Law Department of the Commission, supported by a certified true copy of a formal complaint executed under oath and containing the specific charges therefor, and a certified true copy of the Decision or Resolution suspending the concerned elective local official ] A sample copy of the application for request for exemption from the ban on suspension is hereto attached as Annex ‘D. SECTION 3. When Request for Authority is Not Necessary. - Request for authority to suspend elective local officials shall not be necessary: AA. if the offense involved is punishable under the ‘Anti-Graft and Corrupt Practices Act; and | B. those that were already implemented before start of the election period but is continuously served duri or even after the expiration of the election period. SECTION 4. Effect of the Onset of the Election Period. The onset of the election period will not have the effect of lifting any suspension that is already being served. Evident from the above provisions is the requirement that, except in very limited cases, those who are tasked to implement an order to suspend a local elective official during the election period may only do so upon prior of the Commission on Elections. deny the same, subject to the consideration that the request shall manner, influence the conduct or the result of the election. new position may be created and filled during the period of forty-five days before a regular election and thirty days before a special election, it is required that, 40x, The Commission shalll not grant the authority sought unless, it is satisfied that the position to be filled is essential to the proper functioning of the office’ or agency concerned, and that the position shail not be filled in a manner that may influence - the election.’ werPage 3 MR No. 16- 0222 This provision must be applied by analogy to appropriate request to implement orders of suspension as a penalty or preventive suspensior against local elective officials. Evidently, if even the mere hiring of new employees or creation and filling of new positions has been seen as a mechanism that can be used to influence the election, it stands to reason that the suspension of a local elective official can be used for the very same purpose. This is especially true it said local official is himself a candidate during the very election that his order of suspension as a penalty or preventive suspension is being implemented. It is believed, therefore, that it is the Commission’s duty to ensure that rs of suspension as a penalty or preventive suspension shall not be used, in any ‘manner, to influence the conduct or result of the elections, particula! Local Elections. to provide all candidates who have at least some demonstrable support to campaign and lay their platforms to boost or promote ther Moreover, one of the most effective ways of levelling the on field is ly where those involved are themselves candidates for the May 9, 2016 National and “lectoral elves to the electorate. This will run counter if we allow other candidates to \use any order of suspension as a penalty or preventive suspension against their rival candidates that will definitely influence the conduct or the result of the election. for the Honorable Commission to DEFER action on requests for ai ‘suspend local elective officials UNTIL AFTER THE 09 MAY 2016 Ni AND LOCAL ELECTIONS, except for barangay officials. Respectfully submitted.” IN VIEW OF THE FOREGOING, the Law Department aor jority to TIONAL ewer avait The Commission RESOLVED, as it hereby RESOLVES, to japprove with modification the foregoing recommendation of the Law Department to defer action on requests for authority to suspend local elective officials until after the 09 May 2016 National and Local Elections, including barangay officials. Let the Law Department implement this Resolution. SO ORDERED. ae Freeman J. ANDRES D. BAUTISTA age ‘Chairman, CHRISTIAN ROBERT S. LIM Commissioner (On Official Business) LUIE TITO F. GUIA ARTHU! Lim Commissioner Commissioner [Gis ue (On Official Business) MA. ROWENA AMELIA V. GUANZON SHERIFF M. ABAS Commissioner ‘Commissione Co: Chaiman ‘Al Commissioners Executive Director Deputy Executive Director for Operations Deputy Executive Director for Administration aw aprmant