Republic of the Philipp} ines COMMISSION ON ELECIONS Intramuros, Manilal EN BANC IN THE MATTER OF THE — SPIfNo. 18-140 PETITION FOR ACCREDITATION OF BANGSAMORO FREE ELECTIONS MOVEMENT, AS CITIZENS’ ARM OF THE COMMISSION FOR THE JANUARY 21, 2019 PLEBISCITE, BANGSAMORO FREE ELECTIONS MOVEMENT, represented by its Chairperson, Baileng S. Mantawil Petitioners, an 440 * * — Profnulgated: ! RESOLUTIO This is a Petition’ for accreditation is citizens’ arm of the Commission on Elections (COMELEC) filed|by the BANGSAMORO FREE ELECTIONS MOVEMENT (“Petit for purposes of the forthcoming plebis. nef" on 7 November 2018, for the ratification of Republic Act No. 11054, otherwise known ds the “Organic Law for the Bangsamoro Autonomous Region in M| January 2019, The Petition, in part, states: “8, The Bangsamoro Free Elections of non-government organizations, Records, at pp. 1 to8, slim Mindanao” on 21 t is a broad coalition peoples organizations, sectoral groups and church-based organizations from the ranks Christan, Moro endyyPage 20f5 SPP No, 18-140 En Bane indigenous peoples in Mindanao with established] leadership, membership and structure, and proven capacity to promote peace and reconciliation, inclusive development rights and women empowerment; xxx 11. The broad and mass-based membersh Bangsamoro region and the active leadership of its full-secretariat complemen regional, provincial, municipal down to the precin ‘an assurance ofits capacity to undertake a massio order to assist the Commission; 12, As an independent, impartial non} who will work together for electoral reforms and public interest such as social justice, hiuman Ip of BFEM within the Governing Council and including its numerdus volunteers from the ict level demonstrates as coordinated activity in partisan organization, in and honest election BFEM is committed to build, strengthen and ie active citizenry gs during the Plebiscite for the ratification of the Be on January 21, 2019. xxx 13. The constituency to which BFEM see to the proposed Bangsamoro region which is co ‘Maguindanao, Lanao del Sur, Sulu, Tawi-tawi at ysamoro Organic Law accreditation pertains sposed of provinces of id Basilan and Marawi City and the proposed expanded areas of the cities|of Isabela and Cotabato and the 39 Barangays of North Cotabatorand the 6 del Norte. x xx” On 19 November 2018, the Commi directing Petitioner to cause the publicatio1 with said Order in a newspaper of general Section 4, Rule 33 of the COMELEC Rules municipalities of Lanao ion issued an Order? of its Petition together circulation pursuant to lof Procedure. Likewise, the case was set for hearing on 27 Novembpr 2018. Said Order was actually received by Petitioner’s Chairperson] November 2018.4 Baileng Mantawil on 23 Petitioner complied with the publicatjon> requirement on 29 November 2018. During the scheduled hearing on 2Y November 2018,. the counsel for the Petitioner appeared, and questions, the Petitioner was ordered by thc its memorandum and to make its formal offe} (6) days from the date of the said hearing. submitted for resolution.,y 2 Maat. 2. immediately set it for hearing. The Commission may, if it deet fter some clatificatory Commission to submit of evidence within five ereafter, the case was necessary, order the publication Section 4. Notice of Hearing. - Upon the filing of cea the Commission en banc shall of the petition in a newspaper of general circulation at the exper $ Records, at p.29. * Marked as Annex “B” of the Petition, p. 66. {se of the petitioner.We now rule. One of the powers and functio Commission by the Omnibus Election Cod enlist non-partisan group or organizations t ensuring free, orderly and honest elections. expressly provides, viz: “Section 52. Powers and functions of the Comnt addition to the powers and functions cor Constitution, the Commission shall have Page3 of 5 SPP No. 18-140 En Bane conferred upon the (QEC) is the power to aid the Commission in jection 52 (k) of the OFC lission on Elections. ~ In ferred upon it by the iclusive charge of the enforcement and administration of all laws relative to the conduct of elections for the purpose of ensuring fre elections, and shall: xe k, Enlist non-partisan group or organizatio civic, youth, professional, educational, b Known for their probity, impartiality membership and capacity to undertake a and activity to assist in the implementati this Code and the resolutions, orders Commission for the purpose of ensuring f elections in any constituency. Such groups or organizations shall funetio immediate control and supervision of the perform the following specific functions an A. Before Election Day: 1. Undertake an information campaigy this Code and help in the di decisions and resolution of the Cor ‘forthcoming election. 2. Wage a registration drive in their reo citizens of voting age, not otherwi may be registered, 3, Help cleanse the list of voters of ill house-to-house canvass if ne appropriate legal steps towards this: 4, Report to the Commission violatio this Code on the conduct of the polit propaganda and election expendi B, On Election Day: : 1, Exhort all registered voters in their their polling places and cast their v 1, orderly and honest s of citizens from the jiness or labor sectors id integrity with the -oordinated operation \n of the provisions of id instructions of the , orderly and honest under the direct and ommission and shall duties: on salient features of ation of the orders, imission relative to the tive areas so that all disqualified by law registrants, conduct , and take the ind. of the provisions of cal campaign, election spective areas to go toPagel of 5 SPP No. 18-140 En Banc 2. Nominate on watcher for accreditation in cach polling place and each place of canvass who shal! have the same duties, functions and rights as the othey watchers of political parties and candidates, Members pr units of any citizen group or organization so designatpd by the Commission Except its lone duty accredited watcher, shall not be allowed to enter any polling place ¢xcept to vote, and shall, if they so desire, stay in an area al} least fifty meters away from the polling place. 3, Report to the peace authorities pnd other appropriate agencies all instances of terrorism, intimidation of voters, and other similar attempts to frustipte the free and orderly casting of votes. 4, Perform such other functions as mpy be entrusted to such group or organization by the Commission. ‘The designation of any group of organizafion made in accordance herewith may be revoke by the Commission upon notice and hearing whenever by its actuations such group or organization has shown partially to any political parfy or candidate, or has performed acts in excess or in contravention: of the functions and Guties herein provided and such others which may be granted by the Commission.” (emphasis supplied) Based on the above statutory date, the Commission enacted Rule 33 of the COMELEC Rules of Procedure. Section 1, Rule 33 mentions and enumerates the substantial requirements for accreditation of citizens ‘arms of the Commission. Section 1 states, thus: . “Section 1.Who May Be Accredited as| Citizens’ Arms of the Commission. - Any bona fide non-partisan group, association or organization from the civic, youth, piofessional, educational, ‘business or labor sectors with identifiable leadership, membership and structure, and with demonstrated chpacity to promote the ‘public interest and assist the Commission in the performance of its functions and activities as mandated by {he Constitution and by Jaw, may be accredited as citizens’ arms of fhe Commission.” Considering that Petitioner has a| broad and mass-based membership within the Bangsamoro region and an active Governing, Council with operational structure from|the regional, provincial, municipal down to the precinct level, it has|the capacity to undertake a massive coordinated activity’ in order tolassist the Commission in the performance of its functions in the 21 January 2019 Bangsamoro Plebiscite.p)WHEREFORE, premises consider accreditation of the BANGSAMOR MOVEMENT as citizens’ arm of COMELEC SO ORDERED. CERTIFICATION Page 5 of 5 SPP No. 18-140 En Bane 'd, the Petition for FREE ELECTIONS s hereby GRANTED. Ls oe (OT. KHO,J Commissionery Thereby certify that the conclusions in the foregoing resolution were reached in consultation among the members of the Commission before the case was assigned to the writey of the opinion of the Commission (En Banc). »y att M. ABAS Chairman