Republic of the Philippines COMMISSION ON ELECTIONS, Manila IN THE MATTER OF THE ENFORCEMENT LIM, CHRISTIAN ROBERT'S, Acting Chairman OF THE 2ND PARAGRAPH OF SECTION 35 PARRENO, AL A., Commissioner OF REPUBLIC ACT NO. 10590 (AN ACT GUIA,LUIETITOF.; Commissioner AMENDING REPUBLIC ACT NO. 9189, LIM, ARTHUR D. Commissioner ENTITLED “AN ACT PROVIDING FOR A SYSTEM OF OVERSEAS ABSENTEE VOTING BY QUALIFIED CITIZENS OF THE PHILIPPINES ABROAD, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES”) RELATING TO THE PROHIBITION ON ‘TRANSFER, PROMOTION, EXTENSION, RECALL OR MOVEMENT OF OFFICERS OR MEMBERS OF THE FOREIGN SERVICE CORPS, INCLUDING THOSE BELONGING TO THE ATTACHED AGENCIES FOR PURPOSES OF THE 09 MAY 2016 NATIONAL ELECTIONS, PROMULGATED: x ch 24 201: on Merch 2, 2015 RESOLUTION NO. 7 é WHEREAS, 2" paragraph of Section 35 of R.A. No. 10590 provides that: “SEC. 35. Security Measures to Safeguard the Secrecy and Sanctity of Ballots, ~ XXX XXX XXX “No officer or member of the foreign service corps, including those belonging to attached agencies shall be transferred, promoted, extended, recalled or otherwise moved from his current post or position one (1) year before and three (3) months after the day of elections, except upon the approval of the Commission.” WHEREAS, Section 36.6 of the same law provides that: “36.6. For any public officer or employee to cause the transfer, promotion, extension, recall of any member of the foreign service corps, including members of the attached ‘agencies, or otherwise cause the movement of any such member from the current post or position one (1) year 4Reso 9935 before and three (3) months after the day of elections, without securing the prior approval of the Commission”. WHEREAS, there is a need to implement the above-quoted provisions by issuing a Resolution; WHEREAS, the next National Elections shall be on 09 May 2016, and the Department of Foreign Affairs (DFA), through the members of the foreign service corps and other government agencies maintaining offices at the embassies, consulates, labor offices and other foreign service establishments abroad, have been deputized in the conduct of registration and they shall be involved in the conduct of voting, counting and canvassing for overseas voting. NOW THEREFORE, pursuant to the powers vested in it by the Constitution, the Omnibus Election Code, R.A. No. 10590 amending R.A. No. 9189, and other related election laws, the Commission, RESOLVED, as it hereby RESOLVES as follows: SECTION 1. PROHIBITED ACTS. — No officer or member of the foreign service corps, including those belonging in the attached agencies shall be transferred, promoted, extended, recalled or otherwise moved from their current post or position from 10 May 2015 to 07 August 2016 unless the same is approved by the Commission on Elections, through the Commissioner-in-charge of the Office for Overseas Voting (OFOV). SEC. 2, PROCEDURES. - Ail requests for authority to transfer, promote, extend, recall or move the members of the foreign service corps must be: a) inwriting, duly signed by the Head of Agency or representative; b) the name/s of the officer/s or personnel and their current postings and next assignments are specifically provided; ©) the cause/s or reason/s for the transfer, promotion, extension, recall or movement are specifically stated; and d) duly certified by the requesting officer that the officer/s or personnel to be transferred, promoted, extended, recalled or moved, are not deputized by the Commission for registration or election, SEC. 3. WHERE TO FILE. — All written requests shall be submitted at the OFOV at the 7* Floor, Palacio del Gobernador Bldg, Intramuros, Manila for determination of the sufficiency of the request. Upon evaluation, the OFOV shall submit a recommendation to the Commissioner-in-charge who shall take appropriate action on the said requests. SEC.4. PENALTIES — The penalties imposed under Section 264 of the Omnibus Election Code, which is an imprisonment of not less than one (1) year but not more than six (6) years without probation, shall be imposed on any person found guilty of violating the 2° paragraph of Section 35 of R.A. No. 10590 as implemented by this Resolution. In addition, the offender shall be sentenced to suffer perpetual disqualification to hold public office and deprivation of the right to vote. SEC. 5, EFFECTIVITY. — This Resolution shall take effect on the seventh (7%) day \after its publication in two (2) daily newspapers of general circulation in the Philippines.Reso 9935 SEC. 6. DISSEMINATION, — The Education and Information Department of the Commission on Elections shall cause the publication and widest dissemination of this Resolution. The EID shall likewise furnish copies of this Resolution the Department of Foreign Affairs (DFA), Department of Labor and Employment (DOLE), Department of Tourism (DOT), Department of Finance (DOF), Philippine Overseas Employment Administration (POEA), Overseas Workers’ Welfare Administration ( OWWA), Social Security System (SSS), the Commission of Filipino Overseas ( CFO), the Maritime Industry ‘Authority (MARINA), the Philippine Health Insurance Corporation (Philhealth), the Manila Economic Cultural Offices in Taiwan ( MECO), Armed Forces of the Philippines and other concerned government agencies. SO ORDERED. CHRISTL "Oe! PS, LIM Actuig Giaisisan —uellher?— Commissioner ARTHUR D. LIM Commissioner