REPUBLIC OF THE PHILIPPINES COMMISSION ON ELECTIONS Intramuros, Manila September 28, 2010 HON. MARIO MONTEJO Secretary Department of Science and Technology 2/F DOST Main Bldg., DOST Compound, Gen. Santos Ave,, Bicutan, Taguig City Sir Attached hereto are copies of COMELEC Resolutions in connection with the October 25, 2010 Barangay and Sangguniang Kabataan Elections. RESO. NO. THLE DATE PROMULGATED 9040 ENFORCEMENT OF THE PROHIBITION ‘September 22, 2010 AGAINST APPOINTMENT OR HIRING OF NEW EMPLOYEES; CREATION OR FILLING UP OF NEW POSITIONS; GIVING SALARY INCREASES; TRANSFERRINGIDETAILING OF CIVIL SERVICE EMPLOYEES; AND ‘SUSPENSION OF ELECTIVE LOCAL OFFICIALS IN CONNECTION WITH THE ‘OCTOBER 25, 2010 BARANGAY AND. | SANGGUNIANG KABATAAN ELECTIONS. 9043 RULES AND REGULATIONS GOVERNING ‘September 22, 2010 ELECTION CAMPAIGN, PROPAGANDA, CONTRIBUTIONS AND EXPENDITURES IN CONNECTION WITH THE OCTOBER 25, 2010 BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS. 3044 IN THE MATTER OF AMENDING COMELEC ‘September 22, 2010 RESOLUTION NO. 9019, CALENDAR OF ACTIVITIES IN CONNECTION WITH THE OCTOBER 25, 2010 BARANGAY AND. ‘SANGGUNIANG ELECTIONS. 9045 INSTRUCTIONS TO CHIEFS OF POLICE OF ‘September 22, 2010 CITIES! MUNICIPALITIES ON THE CONDUCT OF THE PRELIMINARY EXAMINATION ON THE VIOLATION OF THE BANS ON FIREARMS, OTHER DEADLY WEAPONS AND SECURITY PERSONNEL IN CONNECTION WITH THE OCTOBER 25, 2010 BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS. For information and guidance. MAT cow SONIA P. TIONGSOI {| Director wie Education and Informption Dept. OS Esra owasRepublic of the Philippines ‘COMMISSION ON ELECTIONS Manila ENFORCEMENT OF THE = MELO, Jose AR, PROHIBITION AGAINST SARMIENTO, Rene V., APPOINTMENT OR HIRING — FERRER, Nicodemo T., OF NEW EMPLOYEES; TAGLE, LuconitoN, CREATION OR FILLING UP OF NEW POSITIONS; GIVING SALARY INCREASES; ‘TRANSFERRING/ DETAILING OF CIVIL, SERVICE EMPLOYEES; AND SUSPENSION OF ELECTIVE LOCAL OFFICIALS IN CONNECTION WITH THE OCTOBER 25, 2010 BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS. x VELASCO, Armando C., YUSOPH, Elias R., LARRAZABAL, Gregorio ¥. Promulgated: RESOLUTION No. 20 WHEREAS, Sec. 261 (g), (h) and (x) of the Omnibus Election Code of the Philippines provides: Chairman Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner September 22, 2010 “Sec. 261. Prohibited acts. — The following shall be guilty of an election offense: xx sax xox “(@ Appointment of new employees, creation of new position, promotion or giving salary increases ~ During the period of forty five (45) days before regular election and thirty (80) days before a special election, (1) any head, official ef y i i xappointing officer of a government office, agency or instrumentality, «whether national or local, including government-owned or controlled corporations, who appoints or hires any new employees, whether provisional, temporary or casual, or creates. and fills any new positions, except upon prior authority of the Commission. ‘The Commission shall 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 shall not be filled in a manner that may influence the election. “As an exception to the foregoing provisions, a new employee may be appointed in case of urgent need: Provided, however, That notice of the appointment shall be given to the Commission within three days from the date of the appointment. Any appointment or hiring in violation of this provision shall be null and void. “(2) Any government official who promotes, or gives any increase of salary or remuneration or privilege to any government official or employee, including those in government. ‘owned or controlled corporations. “(b) Transfer of officers and employees in the civil service — Any public official who makes or causes any transfer or detail whatever of any officér or employee in the civil service including public school teachers, within the election period except upon approval of the Commission. (Underscoring supplied) oo soe 7K “() Suspension of elective provincial, city, municipal or barangay 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 said suspension will be for purposes of applying the Anti-Graft and Corrupt Practices Act in relation to the suspension andremoval of elective officials; in which case the provision of this section shall be inapplicable.” WHEREAS, to enforce effectively the foregoing provisions, there is a need to promulgate the necessary rules for the guidance of all concerned. NOW, THEREFORE, the Commission on Elections, pursuant to the powers vested in it by the Constitution, the Omnibus Election Code and other election laws, has RESOLVED, as it hereby RESOLVES, to promulgate the following rules to implement the provisions of Section 261, subsections (g), (h) and (x) of the Omnibus Election Code: SECTION 1. Prohibited acts. — (a) During the election period from September 25, 2010 until November 10, 2010, no public official shall make or cause any transfer/detail whatsoever of any officer or employee in the civil service, including public school teachers, or suspend elective provincial, city, municipal or barangay official, except upon prior written approval of the Commission. () Beginning September 25, 2010 until October 25, 2010, no head, official or appointing officer of any national or local government office, agency or instrumentality, including government-owned or controlled corporations, shall, except upon prior authority of the Commission: () Appoint or hire any new employee, whether permanent, provisional, temporary or casual; or (2) Create and fill any new position. (©) Boginning September 25, 2010 until October 26, 2010, no government official shall promote or give any increase of salary or remuneration or privilege to any government official or employee, including those in government-owned or controlled corporations. SEC. 2. Requests for authority of the Commission; How to file. - (a) The request for authority to make or cause any transfer or detail of any officer or employee in the civil service shall be in writing to be filed and approved as follows:(1) For transfer or detail within the same region, the request shall be submitted to and approved by Regional Election Director regardless whether the position is national or local. (2) For transfer or detail from one region to another, the request shall be filed with the Law Department of the Commission and approved by the Chairman of the Commission. All requests shall indicate the office and place to which the officer or employee is proposed to be transferred/detailed or otherwise moved and the reason for said transfer/detail. The authorization shall specify the name of the person to be transferred/detailed/moved and the office/position or place where he will be transferred/detailed or moved. (b) Any request for authority to suspend an elective provincial, city, municipal or barangay officer shall be in writing, to be filed, together with the formal complaint containing the specific charges, executed under oath and the answer to the complaint, if any, with the Law Department of the Commission and approved by the Commission En banc. (c) Any request for authority to appoint or hire new employees, or to create and fill new positions shall be in writing, to be filed and approved as follows: 1. For vacancies or positions in offices in the regions, with the Office of the Regional Election Director of the region where the vacancy exists; 2. For vacancies or positions in the central or main offices of national government agencies and government-owned or controlled corporations, with the Commission through its Law Department. ‘The request shall state the name of the person to be appointed, the position to be filled-up and the reagone for the same. The authorization shall specify the name of the person to be appointed and the position to be filled-up. ‘The Commission shall not grant the authority unless it is satisfied that the position to be filled is essential to the proper functioning of the office or neoconcerned, and that the position shall not be filled in any manner that may influence the result of the election. Renewal of appointments of temporary, casual, substitute and contractual personnel are not covered by this prohibition and therefore will no longer need prior authority from the Commission. However, the appointing authority shall furnish the Commission, through its Regional Offices for field positions, and through the Law Department for main office SEC. 3. Urgent need to appoint new employees. — Where there is urgent need to appoint or hire new employees, the same may be allowed without the need for a prior request for authority from the Commission provided that within three (3) days from the date of the appointment or hiring, the Commission, through its Law Department, shall be notified in writing, stating therein the reason/s for said appointment or hiring and all the necessary data or information regarding the same. Failure to give notice as herein required shall render the appointment null and void. SEC. 4. Total ban on promotion, salary increases, granting privileges. ~ Promotion, or giving any increase of salary, remuneration, or privilege to any government official or employee including those in government-owned or controlled corporations, is strictly prohibited without exception whatsoever. SEC. 5. Injunction. — The Civil Service Commission, including all its Geld offices, is hereby enjoined not to approve the appointment of new employees from September 25, 2010 to October 25, 2010 where no prior written approval of the Commission is presented by the appointing authority of a government or agency. ‘The Department of Budget and Management and the Commission on Audit, including all their field offices, shall not release or authorize the release of any appropriation, or pass in audit the payments or expenditures of public funds that may be directly or indirectly be used in violation of See. 1 hereof. ‘The abovementioned offices are directed to submit immediately to the Commission a written report on any violation of the said provisions of the Omnibus Election Code. ofReso. 9040 SEC. 6.. Penalty. constitute an election offense and shall be punishable by imprisonment of not less ~ Any,violation of the provision of this Resolution shall ttiah one (1) year but not more than six (6) years, among other penalties provided by law. SEC. 7. Effectivity. — This Resolution shall take effect on the seventh day after its publication in two (2) newspapers of general circulation. SEC. 8. Dissemination. — The Education and Information Department shall cause the publication of this Resolution in two (2) daily newspapers of general circulation in the Philippines, and shall furnish copies thereof to all Departments in the National Government, Constitutional Commissions, Offices, Provincial Governors, City and Municipal Mayors and government agencies including government-owned or controlled corporations, and all field offices of the Commission SO ORDERED. oat a ENE V. SARMIE) Commissigne LUCENITOWATAS Commissioner CommissionerepUPL OFTHE PUES cats ELECTIONS: EDUCATION Ai RECEIVED BY: Republic of the Philippines ORTE:. THE: COMMISSION ON ELECTIONS Intramuros, Manila IN THE MATTER OF PLACING Jose A. R. Melo Chairman ¥ SOME AREAS IN THE COUNTRY bese bya real oes ali 7 ‘ommissi UNDER COMELEC CONTROL IN Lucenito N. Tagle Commission! CONNECTION WITH = THE armando C. Velasco Commissioner OCTOBER 25, 2010 BARANGAY Elias R. Yusoph Commissic AND SANGGUNIANG KABATAAN Gregorio Y. Larrazabal Commissit ELECTIONS x-- Brera ceeeeeeipieaneieate * promulgated: September 22, 2010. RESOLUTION NO. eet a The Commission on Elections by virtue of the powers vested in it by the Constitution, the Omnibus Election Code, Republic Act No. 7166, and other election laws, RESOLVED to promulgate, as it hereby RESOLVES to promulgate, the guidelines in placing any political division, subdivision, unit or area under COMELEC control: SECTION 1. Grounds for Comelec Control. - The Commission may place under its immediate and direct control, any political division, subdivision, unit or area affected by “serious armed threats”. The term serious armed threats" shall refer to the presence of paramilitary forces, private armies or identifiable armed bands widely perceived to have committed terrorism, fraud or other election irregularities and threaten or tend to disrupt the holding of free, peaceful, honest, orderly and credible elections in any political division, subdivision, unit or area. SEC. 2. Powers and Functions of the Commission. - The authority herein granted shall_be exercised by the Commission sitting en banc as the circumstances so warrant. In furtherance thereof, the Commission shall: a) Take immediate and direct contro! and supervision over all national and local officials and employees required by law té perform duties and/or comply with certain prohibitions relative to the conduct of the elections in the political division, subdivision, area or unit concerned; andpage 20° 4 b) Exercise control and supervision over all national and local law enforcement agencies, as well as military officers and men assigned or deployed in the political division, subdivision, unit or area concerned. For immediate and effective control of the political division, subdivision, unit or area concerned, the Commission, through the Commissioner-In-Charge of the Region, shall exercise such authority where COMELEC control has been imposed. SEC. 3. Special Task Force. - To ensure the. conduct of free, peaceful, orderly, honest and credible elections in each political division, subdivision, unit or area placed under COMELEC controi, there is hereby created a Special Task Force which shall be composed of the highest COMELEC official in the political subdivision, as Task Force head, and as members, the highest-ranking official of the Philippine National Police and the Armed Forces of the Philippines, assigned in the aforesaid area. The COMELEC may designate its lawyers as additional members may be appointed to the Special Task Force. SEC. 4, Powers and Duties of the Special Task Force. - The Special-Task Force shall have the following powers and duties: a) To supervise and contro! the administrative activities and transactions of local government units in the localities under the COMELEC control and enforce therein, strict compliance with the election bans and prohibitions under Section 261 of the Omnibus Election Code, particularly on, but not limited to, the disbursement of public funds, the construction of public works, movements or government personnel and non-intervention of civil service officials and employees as well as police and military and personnel; b) To oversee effective and necessary distribution, assignment and deployment of officers and personnel of the Philippine National Police as well as officers and men of the Armed Forces of the Philippines in the locality concerned, and place under its contro! their activities relative to the strict enforcement of the law on the firearms ban, security personnel of candidates and private citizens, the appointment or use of special policemen for election purposes and similar prohibitions under the pertinent provisions of Sec. 261 of the Omnibus Election Code and Sec. 32, 33 and Sec. 34 of Republic Act No. 7166;Page 3 of 4 °) To augment the police force and assign additional military troops whenever necessary to quell any possible outbreak of violence and maintain peace and order in the locality concerned; 4) When necessary, to substitute a whole unit of the police force assigned in the locality concerned with the another police unit or with an adequate unit of the Armed Forces of the Philippines; e) To relieve any police or military officer or personnel who may be found unsuitable for continuance in his present assignment in the locality concerned, or reassign or confine to quarters any such member of the police or military unit; f) To revoke all exemptions heretofore issued under the firearms ban to candidates and their bodyguards, and cancel all permits to carry firearm outside residence granted to residents of the political division, subdivision, unit or area concerned, as peace and order conditions in the locality demand; 9) To act as law enforcement arm of the Commission in effecting and implementing its specific orders, rulings, resolutions and decisions; hy) To adopt appropriate measures to safeguard and ensure the holding of free, peaceful, orderly, honest’ and credible elections in the political ‘division, subdivision, unit or area under COMELEC control; and i) To submit periodic situation reports to the Commission by the most expeditious means. Except when prior approval or authority of the Commission en banc is required, its decisions and orders in connection herewith, shall be final and immediately executory, unless modified, reversed or revoked by the Commission en banc. SEC. 5. Support of the PNP and AFP. - The Philippine National Police and the Armed Forces of the Philippines are hereby directed to immediately provide personnel, equipment, vehicles and other transportation facilities as the Special Task Force may require, SEC. 6. Duration of COMELEC Control. - When a political division, subdivision, unit or area is placed under COMELEC control, such shall continue to be ufRes 09042 Page 4 of 4 In full force and in effect until the end of the electién period, unless sooner lifted by the Commission. SEC. 7. Effectivity. — This Resolution shail take effect on the seventh (7) day after its publication in two (2) daily newspapers of general circulation in the Philippines. 7 SEC. 8. Dissemination. - The Education and Information Department shall cause the publication of this Resolution in two (2) daily newspapers of general circulation, and give this widest dissemination. SO ORDERED. mama EV. [ENTO “Commissioner oe (peas m fnawe Commissioxier ON. OFPTOTAS! BUSINESS YUSOPH GREGORIO Y. Commissioner Commis: cc: Chairman Al Commissioners Executive Director . Deputy Executive SeTae: Republic of the Philippines COMMISSION ON ELECTIONS Manila RULES AND REGULATIONS — MELO, Jose AR, Chairman GOVERNING ELECTION — SARMIENTO, Rene V,, Commissione CAMPAIGN, PROPAGANDA, FERRER, Nicodemo T., Commission CONTRIBUTIONS AND — TAGLE, Lucenito N., Commissionei EXPENDITURES IN VELASCO, Armando C., Commission} CONNECTION. WITH THE YUSOPH, BliasR, Commissi OCTOBER ae 2019 LARRAZABAL, Gregorio Y. Commission) BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS. No Promulgated: September 22, 7 RESOLUTION No. eee WHEREAS, Republic Act No. 9006 provides for the holding of free, orderly, honest, peaceful and credible elections through fair election practices; WHEREAS, Section 13 of the same Act requires the Commission to promulgate the necessary rules and regulations for the implementation thereof: NOW, THEREFORE, the Commission, by virtue of the powers vested WES by the Constitution, the Omnibus Election Code, Republic Act Nos. 6646, 7166, 9006 and other related laws has RESOLVED, as it hereby RESOLVES, to promulgate the following rules and regulations implementing the Fair Bléction Practices Act in connection with the October 25, 2010 Barangay and Sangguniang Kabataan Elections. I. ELECTION CAMPAIGN SECTION 1. Campaign period. - The campaign period for the October 25, 2010 Barangay and Sangguniang Kabataan elections shall be from October 14, 2010 to October 23, 2010.SEC. 2. What constitutes "election campaign” or "partisan political activity.” - The term “election campaign" or "partisan political activity" refers to an act designed to promote the election or defeat of a particular candidate or candidates to a public office. It shall include: a. Forming organizations, associations, clubs, committees, or other groups of persons for the purpose of soliciting votes and/or undertaking any campaign for or against a candidate; b. Holding political caucuses, conferences, meetings, rallies, parades, or other similar assemblies for the purpose of soliciting votes and/or undertaking any campaign or propaganda for or against a candidate; c. Making speeches, announcements, or commentaries or holding interviews for or against the election of any candidate for public office; d. Publishing or distributing campaign literature or materials designed to support or oppose the election of any candidate; or e. Directly or indirectly soliciting votes pledges or support for or against a candidate, SEC. 3. Lawful election propaganda. ~ Election propaganda, whether on print, television or cable television, radio, newspaper or any other medium, is hereby allowed for all bona fide candidates subject to the limitation on authorized expenses of candidates. Lawful election propaganda shall include: a. Pamphlets, leaflets, cards, decals, stickers or other written or printed materials the size of which does not exceed eight and one- half inches (8 4") in width and fourteen inches (14”) in length; b. Handwritten or printed letters uiging voters to vote for or against any candidate; c, Posters made of cloth, paper, cardhoard or any other material, whether framed or posted, with an area not exceeding two feet (2’) by three feet (3°); d. Streamers not exceeding three feet (3’) by eight feet (8') in size displayed at the site and on the occasion of a public meeting orrally. Said streamers may be displayed five (5) days before the date of the meeting or rally and shall be removed within twenty-four (24) hours after said meeting or rally; e. Mobile units, vehicles motorcades of all types, whether engine or manpower driven or animal drawn, with or without sound systems or loud speakers and with or without lights; f. Paid advertisements in print or broadcast media subject to the requirements set forth in Section 11 hereof and Republic Act 9006; g. In headquarters or residences of candidates, lawful election paraphernalia may be displayed, but banners or streamers referred to in paragraph (d) above shall not be allowed; h. All other forms of election propaganda not prohibited by the Omnibus Election Code or these rules. SEC. 4. Prohibited Forms of Election Propaganda. — During the campaign period, it is unlawful: a. To print, publish, post or distribute any newspaper, newsletter, newsweekly, gazette or magazine advertising, pamphlet, leaflet, card, decal, bumper sticker, poster, comic book, circular, handbil, streamer, sample list of candidates or any published or printed political matter and to air or broadcast any election propaganda or political advertisement by television or radio for or against a candidate or group of candidates, unless they bear and be identified by the reasonably legible, or audible words “political advertisement paid for,” followed by the true and correct name and address of the candidate, for whose benefit the election propaganda was printed or aired. It shall likewise be unlawful to publish, print or distribute said campaign materials unless they bear, and are identified by, the reasonably legible or audible words “political advertisement_paid by.’ followed by the true and correct name and address of the payor. b. To print, publish, broadcast or exhibit any such election propaganda donated or given free of charge by any person or publishing firm or broadcast entity to a candidate, without the written acceptance by the said candidate, and unless they bear and be identified by the words “printed free of charge,” or “airtimethis broadcast _wa: wided free of chars by”, respectively, followed hy the true and correct name and address of the said publishing firm or broadcast entity; : ¢. To show, display or exhibit publicly in a theatre, television station, or any public forum any movie, cinematography or documentary portraying the life or biography of a candidate, or in which a character is portrayed by an actor or media personality who is himself a candidate; d. For any newspaper or publication, radio, television or cable television station, or other mass media, or any person making use of the mass media to sell or to give free of charge print space or air time for campaign or election propaganda purposes to any candidate, in excess of the size, duration or frequency authorized by law or these rules; e. For any radio, television, cable television station, announcer or broadcaster to allow the scheduling of any program, or permit any sponsor to manifestly favor or oppose any candidate by unduly or repeatedly referring to, or unnecessarily mentioning his name, or including therein said candidate,; and“ ce-@i4el Qs aA £ To post, display or exhibit any olection campaign or propaganda material outside of authorized common poster areas in public places, or in private properties without the consent of the owner thereof ‘The printing press, printer, or publisher who prints, reproduces or publishes said campaign materials, and the broadcaster, station manager, or owner of the radio or television station who airs or shows the political advertisements, without the required data or in violation of these rules shall be criminally liable with the candidate and further suffer the penalties of suspension or revocation of franchise or permit in accordance with law. SEC. 5. Petition for authority to use other election propaganda. ~ Any person secking authority to use other forms of election propaganda not covered by those enumerated in Sec. 3 hereof and not prohibited by law may file with the Commission, through the Clerk of the Commission, a verified petition in eight (8)legible copies, describing the election propaganda sought to be authorized with samples thereof. Upon receipt of the petition, the Clerk of the Commission shall set it for hearing and shall send notice thereof to the petitioner. On the day following the receipt of the notice of hearing, the petitioner shall cause the publication of the petition, together with the notice of hearing, in two (2) newspapers of general circulation, notifying the Commission of such action. If the Commission authorizes the use of the requested election propaganda, the authorization shall be published in two (2) newspapers of general circulation within one (1) week after the authorization has been granted SEC. 6. Posting the campaign materials. - Candidates may post any lawful campaign materials in: a, Authorized common poster areas in public places subject to the requirements and/or limitations set forth in the next following section,; and b. Private places provided it has the consent of the owner thereof. SEC. 7. Common poster area. - The Election Officer shall, not later than October 5, 2010, designate in each barangay not more than ten (10) common poster areas wherein candidates may place, display or exhibit their campaign posters. The common poster area shall be erected in a public place such as plazas, markets, barangay centers and the like, at the expense of the candidates availing of the poster area. The common poster area shall not exceed twelve (12) by sixteen (16) feet or its equivalent. Candidates shall be allowed to post only one (1) poster in every common poster area. The Election Officer shall, not later than October 10, 2010, submit to the Law Department a list of designated common poster areas ‘The common poster areas wherein candidates can post, display, or exhibit their election propaganda to announce or further their candidacy shall be subject to the following requirements and/or limitations:a, A common poster area does not refer to a post, a tree, the wall of a building or an existing public structure that is in active use, but a structure, the location and number of which are herein below determined, that is temporarily set up by the candidates or political parties for the exclusive purpose of displaying their campaign posters; b. The Election Officer shall make, and post in his office, a list of the common poster areas in each barangay, indicating therein their exact locations,; ¢. The Election Officer shall: comply with his obligations in the immediately preceding paragraph not later than five (5) days before the start of the campaign period Tor national elections and failure to do so shall make him liable for gross neglect of duty. SEC. 8. Areas where campaign materials are prohibited to be posted. — The posting of campaign materials in public places outside of the designated common poster areas such as streets, bridges, public structures or buildings, trees, electric posts or wires, schools, shrines, main thoroughfares and. the like is prohibited. Persons posting the same shall be liable together with the candidates and other persons who caused the posting. It will be presumed that the candidates caused the posting of campaign materials outside the common poster areas if he does not remove the same within three (3) days from notice which shall be issued hy the Election Officer of the city or municipality where the unlawful election propaganda are posted or displayed. Members of the PNP and other law enforcement agencies called upon by the Election Officer or other officials of the COMELEC shall apprehend the violators caught in the act, and file the appropriate charges against them. SEC. 9. Prohibition on the removal, destruction or defacement of lawful election propaganda. — During the campaign period, it is unlawful for any person to remove, destroy, obliterate or, in any manner, deface or tamper with, or prevent the distribution of any lawful election propaganda enumerated in SEC. 8 hereof, SEC. 10. Removal, confiscation, or destruction of prohibited propaganda materials, — Any prohibited form of election propaganda materials 6shall be summarily stopped, confiscated, removed, destroyed, or torn down by the representatives of the Commission, at the expense of the candidate, organization, and/or coalition thereof, or person responsible for the prohibited election propaganda materials. Any person, organization, and/or coalition thereof, association, agency, office, bureau or department of the government may file with the Commission, through its field office, a petition to confiscate, remove, destroy and/or stop the distribution of any propaganda material on the ground that the same is offensive to public morals, libelous, illegal, prohibited, subversive or irrelevant to the election issues. ‘The Commission, after summary hearing, shall resolve the petition within six (6) hours from the time it is submitted for decision. Where the parties concerned cannot be contacted or are unknown or refuse to appear at the hearing, the Commission may decide the petition ex parte. The Commission may, motu proprio, immediately order the removal, destruction and/or confiscation of any prohibited propaganda material, or those materials which contain statements or representations that are illegal, prohibited, patently libelous, offensive to public morals, subversive or which tend to incite sedition or rebellion. SEC. 11. Rallies, meetings and other political activities. — Subject to the requirements of local ordinances on the issuance of permits, any candidates, organization, individually or jointly with other aspirants, may hold peaceful political meetings, rallies or other similar activities during the campaign period. ‘The candidate shall notify the election officer concerned of any public rally he intends to organize and hold in the barangay and within three (3) working days thereafter submit to the Election Officer a statement of expenses incurred in connection therewith, SEC. 12, Application for permit to hold public meetings, rallies or other political activities. ~ All applications for permits to hold public meetings, rallies and other similar political activities shall be filed with the authorized city or municipal official who shall acknowledge receipt thereof in writing. Immediately after its filing, the application shall be posted in a conspicuous place in the city hall or municipal building.SEC. 18. Action on application for permit. ~ Within two (2) days hours after the filing of an application for permit to hold public meetings, rallies or other political activities, the local authority concerned shall act in writing on said application. Any application not acted upon within two (2) days from the date of its filing shall be deemed approved. In acting on the application, the approving official shall give all candidates equal and: fair opportunity as to date, time and place, to hold public political meetings or rallies. SEC. 14. Prohibited acts during public meetings. — It is unlawful for any candidate, group, organization, and/or coalition thereof, or any person to give or accept, free of charge, directly or indirectly, transportation, food and drinks, or anything of value during and within the five (5) hours before and after a public meeting, or-to give or contribute, directly or indirectly, money or things of value for such purpose. SEC. 15. Prohibited raising of funds. ~ It is illegal for any person to hold dances, lotteries, cockfights, games, boxing, bingo, beauty contests, entertainments, or cinematographic, theatrical or other performances for the purpose of raising funds for an election campaign or for the support of any candidate from the commencement of the election period up to and including election day, or for any person or organization, whether civic or religious, directly or indirectly to solicit and/or accept from any candidate or from his campaign manager, agent or representative, or from any person acting in his behalf, any gift, food, transportation, contribution, or donation in cash or in kind during the same period Normal and customary religious stipends, tithes, or collections on Sunday and/or other designated collection days are excluded from this prohibition. Il. CONTRIBUTIONS AND EXPENSES SEC. 16. Prohibited donations by candidates or their agents. - No candidate, his or her spouse or any relative within the second civil degree of consanguinity or affinity, or his campaign manager, agent or representative, shall, from the start of the campaign period up to election day, directly or indirectly, make any donation, contribution, gift in cash or in kind, or undertake or contribute to the construction or repair of roads, bridges, schoolhouses, puericulture centers, medical clinics and hospitals, churches or chapels, cement pavements, or any structure for 8public use or for the use of any religious or civic organization. Periodic payments for legitimate scholarships established, and school contributions habitually made, before the prohibited period are excluded from the prohibition. SEC. 17. Limitation upon expenses of candidates. — No candidate shall spend for his election campaign an aggregate amount exceeding Three Pesos (P3.00) for every registered voter in the barangay where he seeks to be elected, SEC. 18, Statement of contributions and expenditures. — Every candidate shall, not later than November 10, 2010, file, in duplicate, with the Office of the Election Officer where he filed his certificate of candidacy a full, true and itemized statement of all contributions and expenditures in connection with the election. Within five (5) days after the election, the Election Officer shall advise in writing personally or by registered mail all caadidates who filed their certificates of candidacy with his office to comply with the above requirement. Within five (5) days after the last day for the filing of statements, the Election Officer shall transmit to the ERSD, COMELEC, Manila, duplicate copies of all the statements filed with his office. No person elected to any public office shall enter upon the duties of his office until he has filed the statement of contributions and expenditures herein required. SEC. 19. Forms and contents of statement. - The Statement of Contributions and Expenditures shall be in writing, supported by receipts and other documents, subscribed and sworn to by the candidate, and shall set forth in detail the following: a. The amount of every contribution, the date of receipt and the full name and exact address of the person from whom the contribution was received; b. The amount of every expenditure, the date thereof, the full name and exact address of the person to who each payment was made and the purpose of the expenditures; and c. Any unpaid obligation, its nature and amount and to whom said obligation is owing.If the candidate received no contribution, made no expenditure, or has no pending obligation, such fact shall be reflected in the Statement. SEC. 20. Preservation and inspection of statement. — All Statements of Contributions and Expenditures shall be kept and preserved at the office where they are filed and shall constitute part of the public records for three (3) years after election, They shall not be removed thereat except upon order of the Commission or of a competent court and shall, during regular office hours, be open to inspection by the public, On written demand, certified copies cf any statement may be furnished upon payment of the prescribed fees. Il. NON-PARTISAN CHARACTER OF THE BARANGAY AND SANGGUNIANG KABATAAN ELECTION SEC. 21. Prohibition against intervention by political party, coalition of political parties, or any other organization. — No person who files a certificate of candidacy shall represent or allow himself to be represented as a candidate of any political party or any other organization; and no political party, political group, political committee, civic, religious, professional, or other organization or organized group of whatever nature shall intervene in his nomination or in the filing of his certificate of candidacy or give aid or support, directly or indirectly, material of otherwise, favorable to or against his campaign for election: Provided, That this provision shall not apply to the members of the family of the candidate within the fourth civil degree of consanguinity or affinity nor to the personal campaign staff of the candidate in his barangay; Provided, however, That without prejudice to any liability that may be incurred, no permit to hold a public meeting shall be denied on the ground that the provisions of this paragraph may or will be violated. Nothing in this Section, however, shall be construed as in any manner affecting or constituting an impairment of the freedom of individuals to support or oppose a candidate for any barangay office. Violation of this Section by any political party, group, or coalition of political parties shall be a ground for the cancellation of its registration with the Commission, 10SEC. 22. Barangay assembly. ~ During the campaign period, the Punong Barangay or any Kagawad who is not a candidate, or any resident of the barangay of known probity designated by the Election Officer, shall upon prior notice of at least (2) days, convene the barangay assembly at least one (1) to allow all the candidates for Barangay and Sangguniang Kabataan to explain to the barangay voters their qualifications, programs of administration and other information that may enlighten the voters their candidates. The members of the barangay assembly may discuss other matters relative to the election of Barangay and Sangguniang Kabataan officials. ‘The order in which the candidate shall speak shall be determined by raffle under the supervision of the harangay official or registered voter who called the ‘meeting. Each candidate shall be allotted equal time. SEC. 23. Public forum. ~ During the campaign period, non-political, non- partisan private or civic organizations may hold in any barangay a public forum at which forum all candidates for barangay and sangguniang kabataan offices shalll be invited in writing to present their platforms or programs of government and other relevant issues. The invitations shall specify the date, time and place of the public forum. ‘The order in which the candidates shall speak shall be determined by raffle. Each candidate shall be allowed equal time. The sponsoring organization shall furnish the Election Officer concerned with a copy of the schedule of the forum. SEC. 24. Penalties. — Any violation of this resolution shall be punished with imprisonment of not less than one year but not more than six (6) years and shall not be subject to probation. In addition, the guilty party shall be sentenced to suffer disqualification to hold public office and deprivation of the right of suffrage. If he is a foreigner, he shall be sentenced to deportation which shall be enforced after the prison term has been served. SEC. 25. Effectivit; —This Resolution shall take effect on the seventh (7!) day after its publication in two (2) daily newspaper of general circulation in the Philippines. 1 uuReso SEC. 26, Dissemination. - The Education and Information Department shall cause the publication of this Resolution in two (2) daily newspaperof general circulation and furnish copies thereof to all field offices of the Commission. SO ORDERED. SEAR. ME! Chairman 7 Commissioner &K LUCENITO N\PAGLE Commissioner E) GREGORIO Y. LAR) CommisSioner Commissione} Rules and Regulations on election campaign, ptgpaganda, contributions and expenditureseee cont! a Dare: Republic of the Philippines COMMISSION ON ELECTIONS Manila IN THE MATTER OF AMENDING Jose A. R. Melo Chairman COMELEC RESOLUTION NO. 9019, Rene V. Sarmiento Commissioner CALENDAR OF ACTIVITIES IN Nicodemo T. Ferrer Commissioner CONNECTION WITH THE OCTOBER Lucenifo N. Tagle Commissioner 25, 2010 SYNCHRONIZED Armando C. Velasco Commissioner BARANGAY AND SANGGUNIANG Elias R. Yusop Commissioner KABATAAN ELECTIONS, Gregorio Y. Larrazabal Commissioner e x Promulgated: - Beptember 22,2010 RESOLUTION NO. wrk ‘ WHEREAS, on August 31, 2010. the Commission on Elections promulgated Resolution No. 9019 for the Calendar of Activities and Periods of Certain Prohibited Acis in connection with ihe October 25, 2010 Synchronized Barangay ‘and Sangguniang Kabataan Elections; WHEREAS, part of the activities are the posting of the Computerized Voters’ list (CVL} (Section 30, R.A. 8189 in relation to Section 28, R.A. 8436); Inspection and Verification of Completeness of the Voters’ Registration Records {VRR] and Sealing of the Book of Voters for the barangay and sangguniang kabataan precincts (Section 31, R.A. 8189); WHEREAS, the last day of posting of CVL; Inspection of VRR and Sealing of Book of Voters is scheduled on September 25, 2010 and October 10, 2010, respectively; WHEREAS, Section 29 of R.A. 6646 authorizes the Commission on Elections to fix other period or dates for certain pre-election acts if the same could na longer be observed in order to ensure its accomplishment to avoid disenfranchisement of voters. WHEREAS, there is a need to move the last day of posting of CVL; inspection of VRRs and sealing of Book of Voters to provide sufficient time for the procurement and delivery of needed supplies: NOW, THEREFORE, by virtue of the powers vested in it by the Constitution of the Republic of the Philippines, the Omnibus Election Code, R.A. No. 8189, and other election laws, the Commission RESOLVED, as it hereby RESOLVES, to amend the schedule of the posting of the CVL; inspection of VRR and sealing of the Book of Voters, thereby amending for this purpose certain activities in Resolution No. 9019, to read as follows:Resg044 :_Date/Period ‘Activities Prohibited Acts October 20, 2010 (Wed) | Last day of posting the Computerized Voters’ tist (CVL) for purposes of the Synchronized Elections of Sangguniang Kabataan and Barangay Officials (Sec. 30, RA. 8189 in relation to Sec. 28, R.A. 8436) October 18, 2010 (Mon) - | Inspection and October 20, 2010 (Wed) | verification of completeness of ‘the Voters’ Registration Records and sealing of the Book of Voters for each barangay and sangguniang kabataan precinct (Sec. 31, R.A. 8189) Let the Acting Executive Director implement this Resolution. JOSE AR. Mi nes ‘hairman =. 7 ae RENE V. SARMIFNTO NICODE! F-PERRER Commissioer Comi SO ORDEREDREPURLIGEE THE PHLPPIES comm epucerien Republic of the Philippines COMMISSION ON ELECTIONS, Manila INSTRUCTIONS TO CHIEFS OF POLICE OF CITIES/ MUNICIPALITIES ON THE CONDUCT OF THE PRELIMINARY EXAMINATION ON THE VIOLATION OF THE BANS ON FIREARMS, OTHER DEADLY WEAPONS: AND SECURITY PERSONNEL IN CONNECTION WITH THE OCTOBER 25, 2010 MELO, Jose AR., SARMIENTO, Rene V., FERRER, Nicodemo T., TAGLE, Lucenito N,, VELASCO, Armando C., YUSOPH, Elias R., LARRAZABAL, Gregorio Y., ‘SOON ELECTIONS MATION DEPARTMENT RECEIVED BY: ———z- ieee ve: Ae pga Chairman Commissione) Commissioner Commission Commissioner Commission cee N BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS. Promulgated: September 22, 2070 | RESOLUTION No. 9045 x WHEREAS, pursuant to Sec. 43 of R.A. 9369 amending Section 265 of Batas Pambansa Blg. 881, the Commission on Elections shall, through its duly authorized legal officers, have the power, concurrent with the other prosecuting arms of the government, to conduct preliminary investigation of all election offenses and to prosecute the same; WHEREAS, there are instances where there are rio available legal officers or prosecutors in cities and municipalities to immediately conduct the preliminary investigation of alleged violations of the bans on the bearing, carrying and transporting of firearms and other deadly weapons and the employment of security personnel; WHEREAS, for the prompt and proper investigation and successful prosecution of alleged violations of the bans on firearms and other deadly weapons, and employment of security personnel, it is necessary to authorize the Chiefs of Police in said cities and municipalities to conduct the preliminary eeNOW THEREFORE, the Commission on Elections, by virtue of the powers vested in it by the Constitution, the Omnibus Election Code, and other election laws, RESOLVES to promulgate, as it hereby promulgates the following instructions to all Chiefs of Police in cities and municipalities concerned, on the conduet of preliminary examination of alleged violations of the bans on firearms and other deadly weapons and employment of security personnel: SECTION 1. Preliminary examination: who conducts. — The Chief of Police or his duly authorized PNP representative shall conduct the preliminary examination of all apprehensions for violation of the bans on the bearing, carrying and transporting of firearms and other deadly weapons, use of armored land, water or aircraft, wearing of uniforms and bearing arms, andon the employment of security personnel and bodyguards, organization or maintenance of strike forces, reaction forces or other similar forces in their respective areas of jurisdiction. SEC. 2, Procedure, - The Chief of Police or his duly authorized investigator shall: {a)Take the affidavit of the arresting officer or policeman indicating therein the fact of arrest and the circumstances surrounding the arrest; (b) Take the statement of the respondent; (© Confiscate the firearm and issue the proper receipt therefore; (@) Cause the respondent to sign an affidavit binding himself to be present at the preliminary investigation at a later date before the prosecutor and that failure to do so shall constitute a waiver to present evidence for his defense; and (©) Take the statement of witnesses, if any SEC. 3. Rights of arrested person. ~ Any person arrested for violation of the bans specified in Sec. 1 hereof who is undergoing preliminary examination must be treated humanely and with utmost respect of his constitutional and human rights, particularly his right to: (a) Be informed of his right to remain silent and to counsel; (b) Remain silent, which cannot be waived except in writing and in the presence of counsel;Reso 9045, (©) Have competent and independent counsel preferably of his own choice, and if he cannot afford the services of counsel, he will be provided with one, which right cannot be waived except in writing and in the presence of counsel; and (d) Be released from detention if no charges have been filed against him within eighteen (18) hours from the time of arrest, unless he is charged under PD 1866, as amended. SEC. 4, Disposition of documents and evidence. - The Chief of Police shall submit the investigation report, together with all documents and evidence gathered during the preliminary examination, within three (3) days from arrest to the corresponding provinciaVcity prosecutor, furnishing the Law Department of the Commission with copies of the report. SEC. 5. Effectivity. — This Resolution shall take effect on the seventh (7) day after its publication in two (2) daily newspapers of general circulation. SEC. 6, Dissemination, - The Education and Information Department shall cause the publication of this Resolution and furnish copies hereof to the Secretary of Justice, the Provincial and City Prosecutors, the Chief of the Philippine National Police, the Chiefs of Police of cities and municipalities, the Provincial and Regional Directors of the PNP, the Regional Hlection Directors, the Provincial Election Supervisors and the city/municipal Election Officers, and give this Resolution the widest dissemination. SO ORDERED. r F ER Chairman fo ¢. Smnugéero Commissignte LUCENITO GLE Commissione! GREGORIO Y|LAI ZABAL Commissioner Commissio}Republic of the Philippines REPUBLIC UFTKE FaLerIeS orte. COMMISSION ON ELECTIONS Manila RULES AND REGULATIONS ON THE: MELO, Jose A.R., Chairman (1) BEARING, CARRYING OR SARMIENTO, Rene V., Commissioner TRANSPORTING OF FIREARMS OR FERRER, Nicodemo T., Commissioner OTHER DEADLY WEAPONS; AND (2) TAGLE, Lucenito N., Commissioner \p EMPLOYMENT, AVAILMENT OR VELASCO, Armando C,, Commissioner ENGAGEMENT OF THE SERVICES OF YUSOPH, Elias R., Commissioner SECURITY PERSONNEL OR LARRAZABAL, Gregorio Y. Commissioner } BODYGUARDS IN CONNECTION WITH THE OCTOBER 25, 2010 BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS. x WHEREAS, Section 32 of Repubiic Act No. 7166 provides Promulgate RESOLUTION No. 2028 “SEC.32. Who May Bear Firearms. — During the election period, no person shall bear, carry or transport firearms or other deadly weapons in public places, including any building, street, park, private vehicle or public conveyance, even if licensed to possess or carry the same, unless authorized in writing by the Commission. The issuance of firearms licenses shall be suspended during the election period, “only regular members of the Philippine National Police, the ‘Armed Forces of the Philippines and other law enforcement agencies of the Government who are duly deputized in writing by the Commission for election duty may be authorized to carry. and possess firearms during the election period: Provided, That, when in the possession of firearms, the deputized law enforcement officer must be: (a) in full uniform showing clearly and legibly his name, rank and serial number, which shall remain visible at all times, and (b) in the actual performance of his election duty in the specific area designated by the Commission.” WHEREAS, Section 33 of the same Act provides: “SEC. 33. Security Personnel and Bodyguards. ~ During the election period, no candidate for public office, including incumbent public officers seeking election to any public office, shall employ, avail himself of or engage the services of security personnel or bodyguards, whether or not such bodyguards are regular members or officers of the Philippine National Police, the Armed Forces of the Philippines or other law agency ‘of the Government: Provided, That when circumstances warrant, including but not limited to threats to life and security of a candidate, Lt ¢; September 20, 201 Og tigned by the Commission, upon due application, regular members of the Philippine National Police, the Armed Forces of the Philippines or other law enforcement agency who shall provide him security for the duration of the election period. The officers assigned for security duty to a candidate shall be subject to the same requirement as to wearing of uniforms prescribed in the immediately preceding section unless exempted in writing by the Commission, “If at any time during the election period, the ground for which the authority to engage the services of security personnel has been granted shall cease to exist or for any other valid cause, the Commission shall revoke the said authority.” WHEREAS, it is the policy of the Commission to strictly enforce Sections 32 and 33 of Republic Act No. 7166; WHEREAS, in connection with the May 10, 2010 automated national and local elections, in consonance Resolution 8714 which provided for the rules and regulations implementing Sections 32 and 33, of Republic Act No. 7166; the abovementioned policy, the Commission promulgated WHEREAS, the strict impiementation of Resolution No. 8714 significantly reduced the number of election-related violence in connection with the May 10, 2010 automated national and local election, resulting in an honest, orderly, peaceful and credible ‘elections; NOW, THEREFORE, pursuant to the powers vested in it by the Constitution of the Republic of the Philippines, the Omnibus Election Code (B.P. Big. 881), Republic Acts No. 6646, 7166, 9164, 9340 and other elections laws, the Commission RESOLVED, as it hereby RESOLVES, to APPLY Resolution 8714, dated December 16, 2009, and the other Resolutions issued in connection therewith, in the implementation of Sections 32 and 33 of Republic Act No. 7166 in relation to the conduct of the October 25, 2010 Barangay and Sangguniang Kabataan elections, subject to the following amendments/modifications: SECTION 1. Election Period. - The election period shall refer to the election period prescribed in Comelec Resolution No. 9019 dated August 31, 2010, which is from September 25, 2010 to November 10, 2010. Sec. 2. Firearm. — The term “firearm’’shall refer to the “Yfrearm”as defined in existing laws, rules and regulations. The term also includes airguns and airsoft guns. Sec. 3. Status of authority to bear, carry or transport firearms issued pursuant to Resolution No. 8714, dated December 16, 2009, and other Resolutions issued in implementation thereof. - All authority to bear, carry or transport firearms issued pursuant to Resolution No, 8714, dated December 16, 2009, and the other Resolutions implementing Resolution 8714, are hereby recognized as valid and effective for purposes of the October 25, 2010 Barangay and Sangguniang Kabataan elections, provided that the contfor the grant of the authority are complied with. In case of new personnel or new firearms not covered by previous authority, the procedures for the issuance of authority under Resolution No.8714 shall be followed. Sec. 4, Who may be assigned security personnel or bodyguards. - When circumstances warrant, including, but not limited to threats to life and security, any incumbent public officer, and private individual, may, upon application, be assigned regular members of the PNP or the AFP, or the National Bureau of Investigation, and as augmentation, duly licensed/authorized Protective Agents of Private Detective Agencies, to provide security, for the duration of the election period. Except those constituting the normal security personnel complement of the incumbent. President, Vice President, Senate President, Speaker of the House of Representatives, Chief Justice of the Supreme Court, Secretaty of National Defense, Secretary of Interior and Local Government, Chairman and Commissioners of the Commission on Elections, Chief of Staff of the ‘AFP and AFP Major Service Commanders, Director Generals of the PNP and senior officers and the members of the foreign diplomatic corps, all existing authority granting security personnel or bodyguards are hereby revoked at the start of the election period. The affected officials or individuals, who want to continue to avail of or engage the services of security personnel or bodyguard, shail apply for the employment, availment or engagement of security personnel or bodyguard as provided in Section 5 hereof. Sec. 5. Procedure in applying for employment, avaifment or engagement of security personnel and bodyguard. ~ Any candidate for elective barangay end sangguniang kabataan position, any public officer or private individual, who wants to employ, avail of or engage the services of security personnel or bodyguard, shall apply for employment, availment or engagement of security personnel or bodyguard, by duly accomplishing CBFSP Form No. 2 and filing the as provided herein. “The application shall be accompanied by a threat assessment issued by the AFP or PNP oF such document to support the existence of threat, if any. A filing fee of PhP1,000.00 shall be charged for each application. ‘The Committee on the Ban of Firearms and Security Personnel (CBFSP) shall accept and process applications filed by: a, Incumbent Senators; b. Government officials occupying positions in the national offices including government owned and control corporation with a rank of Secretary, Undersecretary, Assistant Secretary or their equivalent cc. Members of the foreign diplomatic corps and international apd, Justices of the Supreme Court, Court of Appeals, Sandiganbayan and the Court of Tax Appeal; e. Relatives within the second degree of consanguinity of thase mentioned above, The Regional Joint Security Control Center (RISCC) shall accept and process application filed by incumbent Members of the House of Representatives, incumbent Party-tist representatives, candidates for elective Barangay and Sangguniang Kabataan positions, incumbent public officer, and private individual; For applications filed with the CBFSP, the CBFSP shall refer the matter to the AFP and PNP which shall immediately conduct a threat or security assessment. Within five (5) days from referral, the AFP and PNP shall submit to the CBFSP its assessment with a recommendation on whether to grant or not to grant the request. For appli ions filed with the RISCC, the RISC shall, within five (5) days from receipt of the application, refer the application, together with the corresponding threat assessment and recommendation, to the CBFSP. Based on the assessment and recommendation submitted to it, the CBFSP shall grant or deny the request or may request for a reassessment, If the decision is to grant the request, the CBFSP may authorize the Director General of the PNP or the Chief of Staff of the AFP or the Director of the National Bureau of Investigation to assign not more than two (2) of its regular members as security personnel. For this purpose, the prohibition on the transfer or detail of PNP or AFP personnel is hereby suspended only in so far as transferring or detailing them as security details to candidate for Barangay and Sangguniang Kabataan, including incumbent public officer, or any public officer or private individual. Upon request and when the threat assessment warrants, the CBFSP may authorize the assignment of additional two (2) Protective Agents as close-in security. In exceptionally meritorious circumstances, applicants may request for additional security subject to such conditions and restrictions that the CBFSP may impose. The authority shall be in writing and in three (3) copies. The original shall be given to the office which will, provide the security personnel. The second shall be retained by the CBFSP. The third shall be given to the applicant. In case of disapproval of the request, the CBFSP shall notify the applicant. The notice shall be in cerAs far as practicable, the security personnel to be assigned shall come from the same unit or office in the same city, municipality, district, or province. ‘The officers assigned for security duty to a candidate shall be subject to the same requirements as to the wearing of uniforms and the other conditions imposed under Resolution 8714 and the other Resolution Issued in implementation thereof. If at any time the ground for which the authority to engage the services of security personnel ceases to exist, or for any valid cause, the CBFSP shall revoke the authority granted. ‘SEC. 6. Guidelines on the authority to avail security details. - a. Except the normal security personnel complement of the incumbent President, Vice President, Senate President, Speaker of the House of Representatives, Chief Justice of the Supreme Court, Secretary of the National Defense, Secretary of the Interior and Local Government, Chairman and Commissioners of the Commission on Elections, Chief of Staff of the AFP and AFP Major Service Commanders, Director Generals of the PNP and senior officers, and the members of the foreign diplomatic corps, the following shall be the limit on the number of personnel from the PNP, AFP or other law enforcement units that may be assigned as security details: 1. Incumbent Senators - 6, 2. Justices - 2; 3. Secretaries, Undersecretaries, Assistant Secretaries — 2; 4, Other government officials ~ 2; 5. Candidates and private in iduals-- 2 6. In addition, the applicant may be granted additional security details from Protective Detective Agencies (PDAs) which should not be more than the allowable number of PNP, AFP or members of the law enforcement personnel assigned. Provided, that at any given time, the number of security details accompanying them should not be in excess of what is, provided in the authority granted by the CBFSP or RISCC. 7. This limit notwithstanding, the CBFSP may increase the number of security details assigned to an applicant when the circumstances warrat ib. Security details are allowed to carry two (2) firearms, one short and one long or two shorts, In no case shall the RISCCs approve applications where the security details will carry more than two (2) firearms and the caliber is higher than 5.56 cal. c. All security details and PDAs are required to use their prescribed uniform while in the performance of their duties; d. Grantees may be allowed to replace their security details provided it is with the prior approval of the CBFSP or the RISCC and upon payment of PhP 500.00 filing fee. SEC. 7. Guidelines for security, protective, investigative, or intelligence agencies. ~ For orderly implementation of the ban on firearms, the following guidelines are hereby provided for security, protective, investigative, or intelligence agencies: a, For single posting, the security guard assigned is prohibited to transport his firearm from duty area to his residence; b, Firearms stationed in armored trucks are exempted provided they are duly licensed firearms and being used during the regular course of business of the security agencies; ._In case of new posting or termination of posting which entail the transport of firearms to the area of assignment or return of firearms to the security agency's office, the security agency may be granted permission to transport the firearms on a one-time, one-way basis only upon prior notice to the CBFSP or the concerned RISC. SEC. 8. Security details. - For applicants who are currently being protected and secured by the PNP, AFP, other law enforcement agencies and security agencies, the CBFSP or the RISCC may issue a Security Detail (SD) upon filing of their applications subject to the submission of existing threat assessments and payment of the required fee. All applications, threat assessments, including the SDs issued by the RISCC shall be forwarded to the CBFSP within five (5) days from receipt thereof. SEC. 9. Reporting requirements, ~ The RISCC shall submit to the CBFSP a bi- weekly report on the implementation of this Resolution, which shall include the following: a. Current status of the enforcement (j.e. number of arrests, names of persons involved, number of confiscated firearms, categorized into licensed or unlicensed) of the ban on firearms and security personnel; wi)Reso. 9028 b, The peace and order situation in various parts of the country, including Insurgency, the existence and size of private armies, the intensity of political rivalries and other circumstances, that may affect the conduct of the elections. ‘The CBFSP shall consolidate all weekly reports submitted by RISCC and submit the same to the Commission en banc. SEC, 10, Prohibition and Penalties. - Any violation of this Resolution shall be punished with imprisonment of not less than one (1) year but not more than six (6) years and shall not be subject to probation. In addition, the guiity party shall be sentenced to’ suffer disqualification to hold public office and deprivation of the right of suffrage. If he is a foreigner, he shall be sentenced to deportation which shall be enforced after the prison term has been served. SEC. 11. Effectivity, publication and dissemination. - This Resolution shall take effect on the seventh (7th) day after its publication in two (2) daily newspapers of general circulation in the Philippines. The Education and Information Department shall cause the publication of this Resolution and shall furnish copies thereof to all Regional Election Directors, Provincial Election Supervisors, Election Officers, the PNP, the AFP and all other law enforcement agencies. SO ORDERED. c E A Chairman foe ‘ioc Commissioner Commissioner