MEMORANDUM OF AGREEMENT This Memorandum of Agreement (MOA) is made and entered into by and among: The COMMISSION ON ELECTIONS, a Commission created under the 1987 Constitution of the Republic of the Philippines, with principal office address at the Fe del Gobernador, General Luna St. corner A. Sorianc Avenue, Intramuros, Manila 1002, Philippines, represented herein by COMMISSIONER AIMEE P. FEROLINO, and hereinafter referred to as the “COMELEC”; The BUREAU OF TAIL MANAGEMENT AND PENOLOGY, a government agency attached to the Department of Interior and Local | Government, existing under the laws of the Republic of the Philippines, with postal address at 144 Mindanao Avenue, Project 8, Quezon City, represented by JAIL DIRECTOR RUEL S. RIVERA, hereinafter refered io as the “BMP”. ~ and- The PUBLIC ATTORNEY'S OFFICE, a government agency attached | to the Department of Justice, existing under the laws of the Republic of the Philippines, with postal address at 5/F DOJ Agencies Building, NIA Read cor. East Avenue, Diliman, Quezon City, represented by CHIEF PUBLIC ATTORNEY PERSIDA V. RUEDA-ACOSTA, hereinafter referred to as the “PAO”; (Collectively, the “Parties”). WITNESSETH: WHEREAS, the 1987 Philippine Constitution guarantees that suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law); Section, Atle V. The Pilppine Constttion $ Page tot ‘WHEREAS, the International Covenant on Civil and Political Rights mandates that all Persons Deprived of their Liberty shall be treated with humanity and with respect for the inherent dignity of the human person; WHEREAS, the COMELEC is an inclependent Constitutional Commission mandated to ensure the conduct of free, orderly, honest, peaceful, and credible elections in the country and has continuously and tirelessly adopted policies of inclusivity towards the members of the vulnerable sectors, particularly the Persons Deprived of Liberty (PDLs) WHEREAS, the COMELEC, in pursuit of an inclusive voting environment in the country, seeks to partner with PAO and BJMP in preparation for the conduct of voting in jail facilities or detention centers, and escorted PDL voting for the October 30, 2023 Barangay and Sangguniang Kabataan Election (2023 BSKE); WHEREAS, the PAO is an independent and autonomous office mandated to represent, free of charge, indigents, and other persons qualified for legal assistance in all civil, criminal, labor, administrative and other quasi-judicial cases where, after due evaluation, it is determined that the interest of justice will be served thereby; WHEREAS, the PAQ, in the exigency of the service, may be called upon by proper government authorities to render such service to other persons, subject to existing laws, rules and regulations; WHEREAS, the PAG, in pursuit of its mandate, undertakes to protect the right to vote of the PDL, as a basic constitutional right, to prevent their disenfranchisement in the political process; WHEREAS, the BJMP is an attached agency of the Department of Interior and Local Government mandated to ensure public safety through] jal management and penology; WHEREAS, the BJMP, in pursuit of its mandate, undertakes to ensure humane safekeeping and development of PDL in all districts, cities, and municipalities in the Philippines; WHEREAS, the BJMP, in pursuit of ensuring the humane safekeeping and development of the PDL, undertakes to protect the right to vote of the PDL, as a basic constitutional right, to prevent their disenfranchisement in the political process; SS if 2 Article 10. Intemational Covenant on Civil and Poitial Rights Adopted and Opened fr Signatre Ratification and ‘Azcesien by General Assembly Resolution 20A (XXI of 16 December 196 entry int force 29 March ‘Sccordance mith Aste Page 2 of 6WHEREAS, on 30 August 2022, the Supreme Court published its resolution dismissing the case of Aguinaldo vs. New Bilibid Prison, et.al.,? for failure of the petitioner to meet the requisites of judicial review and, thereby, lifting the temporary restraining order imposed on the enforcement) and implementation of COMELEC Resolution No. 9371.‘ In effect, the COMELEC now fully implements the aforementioned resolution in the upcoming and succeeding elections; WHEREAS, the PARTIES herein are open to the proposed project on protecting and ensuring the PDL’s right to vote, as a basic constitutional right, in order to prevent their disenfranchisement in the 2023 BSKE; WHEREAS, this proposed project has the aim of building a partnership among the COMELEC, the BJMP, and PAO in shaping policies for the promotion and the protection of the PDL's right to vote, a right that is guaranteed by no less than our Constitution. NOW, THEREFORE, for and in consideration of the foregoing premises, the Parties hereto agree to enter into this MOA under the following terms and conditions: 1. Coverage of the Agreement This MOA covers the conduct of PDL Escorted Voting as provided under Sec. 526, COMELEC Resolution No. 109245 in connection with the 2023 BSKE to ensure that PDL are able to exercise their constitutional right to vote. IL, Responsibilities of COMELEC a. Provide technical support and information to all Parties regarding PDL Escorted voting to ensure free, orderly, honest, inclusive, and credible elections; b. Ensure express lanes in the polling places for the escorted PDL vehi: and | c. Solicit the recommendations of the Parties by tripartite dialogues for the enhancement of its policy on PDL voting. 3 GR No. 2220, March, 202 (Ay. Vitor Agua, Pte, New id Pon arn of Caton) Sept fone Castano Hace real Manage and PeologyDifeet Cy hy an Pesca vt Ppa Ente Votes a the Now Bide Prim. and/or Bane Responds) «ules and Regulations on Detainee Registration and Voting in connection with the May 13,2013 Notional and Local lesions and Subsequent Elections Thereafter. 5 Ganeral Gueline and Oxher Related Res ae Regulation forthe October 30, 2023 Barangay and Sangean Kabetan Elections (SKE) and All Succeeding BSKEs Thereafter, COMELEC Resolution No, 1904, Promulgated 7 ane2023 Page 3 of 6 ‘ULL Responsibilities of PAO a. Render legal assistance to the officers of the jail facilities or detention centers in preparing and filing the necessary motions in court to ensure effective conduct of Escorted PDL voting; b. Coordinate with other Parties to ensure the availment of Escorted PDL voting to those who are willing; and c. Recommend a policy, if any, that would help improve inclusive PDL voting in future elections. IV. Responsibilities of BIMP a. Provide the necessary information to COMELEC and PAO in relation to Escorted PDL Voting with due regard to Data Privacy Law and Election laws and all applicable laws, rules and regulations; b. Coordinate with the Parties to ensure the conduct of Escorted PDL. voting; ©. Provide the system, safety and security in the escorting of the PDL voters from the jail facility or detention center to his or her polling place, and vice versa; d. Inform such determination as soon as possible to the assigned PAO lawyers and Election Officer having jurisdiction over the said area; e. Recommend a policy, if any, that would help improve inclusive PDL voting in future elections. Y. Establishment of Technical Working Groups (TWGs) for Post Assessment a. Parties shall constitute members of a Technical Working Groups (TWGs) responsible for the study and review of the policy concerning / PDL voting after the 2023 BSKE, with the end goal of improving the j COMELEC policies of inclusivity towards the members of the vulnerable sectors particularly the Persons Deprived of Liberty (PDLs). | qi ‘VI. Conformity to COMELEC Resolution No. 109246 H All parties, including those who will be part of the collaboration wit COMELEC, shall commit to faithfully comply with the provisions of COMELEC ‘General Guideline and Other Related Rules and Regulations forthe Oxober 30,202 Barangay and Sangguniang Kabat Elections (OSKE) and All Sucneding BSKEs Terefter, COMELEC Resolution No, 1094, Promulgated 7 June 225, Page 4 of 6 aResolution no. 10924 on Escorted PDL Voting and this agreement, as well as other relevant Rules and Regulations that may be issued by the COMELEG, and other applicable laws and, rules and regulations relative to this matter. VL. Other Matters Parties shall perform such other acts as may mutually be agreed upon and as necessary to ensure PDL voting in the 2023 BSKE. VIL. Dispute Settlement Any untoward incident that may occur relative to these undertakings will be resolved peacefully within five (5) working days from its occurrence by the contracting parties. VIII. Effectivity This MOA shall take effect upon the signing of parties hereof and shall be in force until the conclusion of all post-assessment activities. IN WITNESS WHEREOF, the Parties hereto, acting through their representatives duly authorized for this purpose, affix their signatures on this 24 day of October, 2023, Quezon City, Philippines. For THE COMMISSION ON For PUBLIC ATTORNEY'S OFFICE: ELECTIONS: ye / AIMEE! FEROLINO DR. PERSIDA V. RUEDA-ACOSTA, DSD Comunissioner-in-Charge for the Chief Public Attorney Vulnerable Sectors Office For THE BUREAU OF JAIL MANAGEMENT AND PENOLOGY: DIR RUEL'S RIVERA tief BIMP i Page 5 of 6SIGNED IN THE PRESENCE OF» \) Kon “ny _| ATTY. TEOPISTOE. ELNAS, JR ANATLISA — EORIANO 7 Executive Diirgotor - COMELEC Deputy Chieg - PAO 2 JCSUPT BABY Director for Operation. EL P MONTALVO IMP ACKNOWLEDGMENT REPUBLIC OF THE PHILIPPINES) QUEZON CITY )ss. BEFORE ME, a Notary Public for and in the above jurisdiction, the parties personally appeared exhibiting to me their valid identification cards detailed below [ Name | Competent Evidence | ID Number | —Tesued on|/at - | optdentiy || VAIMEEP. FEROLINO | COMELEC 1D | Ri1-06073) | Tntramuros, Manila || g96 | 1 PAOID | 0001-2013 | $F DOF Agencies Building NIA Ra | comer East|Ave., fo BIMP-ID known to me as the same persons who executed the foregoing instrument and acknowledged to me that the same is their free and voluntary act and deed as well as that of the entities they respectively represent, This MEMORANDUM OF AGREEMENT consists of six (6) pages including this page where this acknowledgment is written, and is signed by said officials and their instrumental witnesses on each and every page thereof. WITNESS MY OFFICIAL SEAL and SIGNATURE, this 2nd day of October, 2023 at the Quezon City. ‘fy Doc. No. 152; C# Page No. oF ror Book No. Series of 2023. a Page 6 of 6