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The 2022 National

and Local Elections


Pre-Deployment Seminar
Philippine National Police
COMELEC Calendar of Activities
and Period of Prohibited Acts
COMELEC Resolution No. 10695
Feb 10, 2021
Sources

Omnibus Election Code BP 88


1

Overseas Voting Act of 2013 RA 10


5 90

The Voter’s Registration Act of 1996 RA 81


8 9

The Synchronized National and


Local Elections Law and Electoral Reforms RA 71
6 6
COMELEC Calendar of Activities and Period of Prohibited Acts

Date/Period Prohibited Acts


• Transfer, promotion, extension, recall, or otherwise movement of officer
or member of the foreign service corps from the current post or position.
(Sec 35, Overseas Voting Act of 2013)

May 9, 2022 Aug 7, 2022


(Sunday) (Sunday)

N.B.
April 30, 2021 (Friday)
Last Day for filing of petitions for registration of political parties
COMELEC Calendar of Activities and Period of Prohibited Acts

Date/Period Prohibited Acts


• Alteration of territory of a precinct or establishment of a new precinct. (Sec
5, RA 8189)
• Transfer of officers and employees in the civil service. (Sec. 261(h),
Omnibus Election Code)
• Bearing, carrying or transporting firearms or other deadly weapons, unless
authorized in writing by the Commission. (Sec. 32, R.A. 7166)
Jan 9, 2022 Jun 8, 2022 • Use of security personnel or bodyguards by candidate unless authorized in
writing by the Commission. (Sec. 33, RA 7166)
(Sunday) (Wednesday) • Organization or maintenance of reaction forces, strike forces, or other
similar forces. (Sec. 261(u), Omnibus Election Code)
• Suspension of elective local officials. (Sec. 261 (x), Omnibus Election Code)

ELECTION PERIOD
COMELEC Calendar of Activities and Period of Prohibited Acts

Date/Period Prohibited Acts


• Campaigning on April 14, 2022 (Maundy Thursday) and April 15, 2022
(Good Friday)

Feb 8, 2022 May 7, 2022


(Tuesday) (Saturday)

Campaign period for candidates for President, Vice President, Senators, and
party-list groups participating in the party-list system of representation.
(Sec. 5 (a) R.R. 7166 and Sec. 4, R.A. 7941.
COMELEC Calendar of Activities and Period of Prohibited Acts

Date/Period Prohibited Acts


• Giving donations and gift in cash or in kind, etc. (Sec. 104, Omnibus
Election Code)
• Appointment or use of special policemen, confidential agents and the like.
(Sec. 261(m), Omnibus Election Code)

Feb 8, 2022 May 9, 2022


(Tuesday) (Monday)
COMELEC Calendar of Activities and Period of Prohibited Acts

Date/Period Prohibited Acts


• Illegal release of prisoners. (Section 261(n), Omnibus Election Code)

Mar 10, 2022 Jun 8, 2022


(Thursday) (Wednesday)
COMELEC Calendar of Activities and Period of Prohibited Acts

Date/Period Prohibited Acts


• Campaigning on April 14, 2022 (Maundy Thursday) and April 15, 2022
(Good Friday)

Mar 25, 2022 May 7, 2022


(Friday) (Saturday)
COMELEC Calendar of Activities and Period of Prohibited Acts

Date/Period Prohibited Acts


• Appointment or hiring of new employees, creation or filling up of new
positions; promotion or giving of salary increases, remuneration or privilege.
(Section 261(g), Omnibus Election Code)
• Construction of public works, delivery of materials for public works and
issuance of treasury warrant or similar devices for a future undertaking
chargeable against public funds. (Section 261(w), Omnibus Election Code)
Mar 25, 2022 May 8, 2022 • Release, disbursement or expenditures of public funds. (Section 261(v),
Omnibus Election Code)
(Friday) (Sunday)
COMELEC Calendar of Activities and Period of Prohibited Acts

Date/Period Prohibited Acts


• Campaigning abroad (Section 22, RA 10590)
• Within Philippine embassies, consulates and other posts where overseas
voters may exercise their right to vote pursuant to the Overseas Absentee
Voting System

Apr 10, 2022 May 9, 2022


(Sunday) (Monday)

Casting of votes by overseas voters. (Section 16.1, RA 9189 as amended by


R.A. 10590
COMELEC Calendar of Activities and Period of Prohibited Acts

Date/Period Prohibited Acts


• Campaigning (Section 5, RA 7166)

Apr 14, 2022 Apr 15, 2022


(Thursday) (Friday)
COMELEC Calendar of Activities and Period of Prohibited Acts

Date/Period Prohibited Acts


• Campaigning (Section 5, RA 7166)
• Selling, furnishing, offering, buying, serving, or taking intoxication liquor.
(Section 261(dd), Omnibus Election Code)
• Giving, accepting, free transporation, foods, or drinks or things of value.
(Section 89, Omnibus Election Code)

May 8, 2022
(Sunday)

EVE OF ELECTION DAY


COMELEC Calendar of Activities and Period of Prohibited Acts

Date/Period Prohibited Acts


• Campaigning (Section 5, RA 7166)
• Selling, furnishing, offering, buying, serving, or taking intoxication liquor.
(Section 261(dd), Omnibus Election Code)
• Giving, accepting, free transporation, foods, or drinks or things of value.
(Section 89, Omnibus Election Code)
• Voting more than more than ones in substitution of another. (Section 261(z),
May 9, 2022 (2) and (3), Omnibus Election Code)
• Soliciting votes or undertaking any propaganda for or against candidate or
(Sunday) any political party within the polling place of within 30 meters from the polling
place(dd), (2), Omnibus Election Code)
• Opening of booths or stalls for the sale, etc, of merchandise or refreshments
within a radius of thirty (30) meters from the polling place (dd) (2), Omnibus
Election Code)
• Holding of fairs, cockfights, boxing, horse races or any other similar sports.

ELECTION DAY (Section 261 (dd) (3), Omnibus Election Code)

Casting of votes and, thereafter, counting and consolidation of votes.


CHECKPOINT
PNP GUIDELINES ON COMELEC CHECKPOINTS
GUIDELINES ON THE ESTABLISHMENT OF COMELEC CHECKPOINTS
(COMELEC RESOLUTION 3420)

COMELEC Checkpoint Checkpoint Location


There shall at least be one (1) COMELEC checkpoint in The officials mentioned in the immediately preceding
each city/municipality. However, additional checkpoints section, shall, in consultation with the city/municipality
may be established at the discretion of the highest ranking election officer (EO), establish checkpoints in their
official of the Armed Forces of the Philippines (AFP) or the respective areas of jurisdiction only in places which are well
Philippine National Police (PNP) in the city/municipality lighted. In areas where electric light is not available,
artificial lighting shall be provided for the purpose.

Sec. 1 Sec. 2
GUIDELINES ON THE ESTABLISHMENT OF COMELEC CHECKPOINTS
(COMELEC RESOLUTION 3420)

Checkpoint signboard Notice of the location of checkpoints


Each COMELEC checkpoint shall have a signboard, The commanding officer/team leader of the checkpoint
measuring three feet by four feet (3’ X 4’), to clearly identify must give notice to the EO, as well as non-
the place as a COMELEC checkpoint from a reasonable governmental organizations and other civic
distance. organizations about the establishment and location of
COMELEC checkpoints in the locality.

Sec. 3 Sec. 4
GUIDELINES ON THE ESTABLISHMENT OF COMELEC CHECKPOINTS
(COMELEC RESOLUTION 3420)

Spot checkpoint Personnel to man checkpoint


Where the circumstances warrant, spot checkpoints may Any unit designated to man a Comelec checkpoint
be established in locations other than those mentioned in must be led by a regular member of the A.FP/PNP with
the preceding section. Before establishing such a rank of at least lieutenant/inspector.
checkpoints, the coordinating officer/team leader shall give
notice to the EO.

Sec. 5 Sec. 6
GUIDELINES ON THE ESTABLISHMENT OF COMELEC CHECKPOINTS
(COMELEC RESOLUTION 3420)

Briefing by the team leader Searches at COMELEC checkpoint


A briefing must be given by the commanding officer/team Any search at any COMELEC checkpoint must be made
leader to all members of the unit designated to man the only by members of the unit designated to man the
checkpoints, with emphasis on the proper manner of same. It should be done in a manner which will impose
searching with reasonableness. minimum of inconvenience upon the person or persons
so searched, to the end that civil, political and human
rights of the person/s are not violated.

Sec. 7 Sec. 8
GUIDELINES ON THE ESTABLISHMENT OF COMELEC CHECKPOINTS
(COMELEC RESOLUTION 3420)

As a rule, a valid search must be authorized by a search warrant duly issued by an appropriate
authority. However, a warrantless search can be made in the following cases:
(a) moving vehicles and the seizure of evidence in plain view;

(b) as long as the vehicle is neither searched nor its occupant/s subjected to a body search, and the
inspection of the vehicle is merely limited to a visual search;

(c) when the occupant(s) of the vehicle appear to be nervous or suspicious or exhibit unnatural
reaction;

(d) if the officer conducting the search has reasonable or probable cause to believe that either the
occupant(s) is a law offender or that the instrumentality or evidence pertaining to the commission of a
crime can be found in the vehicle to be searched; and

(e) on the basis of prior confidential information which are reasonably corroborated by other attendant
matters.

Section 8
GUIDELINES ON THE ESTABLISHMENT OF COMELEC CHECKPOINTS
(COMELEC RESOLUTION 3420)

RIGHTS OF PERSON ARRESTED:

(a) to remain silent, which cannot be waived except in writing and in the presence of counsel;

(b) to have competent and independent counsel preferably of his own choice, and if he cannot
afford the services of counsel, he must be provided with one, which right cannot be waived except in
writing and in the presence of counsel; and

(c) to be released from detention if no charges have been filed against him within eighteen (18)
hours from the arrest, unless he is charged under P. D. 1866, as amended.

Section 9
GUIDELINES ON THE ESTABLISHMENT OF COMELEC CHECKPOINTS
(COMELEC RESOLUTION 3420)

Record of arrest Report and turn-over of arrested person.


Any arrest made at a COMELEC checkpoint shall be Any person arrested at a COMELEC checkpoint
immediately and chronologically recorded in a logbook for including the confiscated weapon, ammunition, and
the purpose, stating the circumstances of the arrest and material, must be turned over to the nearest law
other particulars about the person and confiscated enforcement station or office together with the
weapons, ammunitions and material. corresponding affidavit/s of arrest for proper action. ve
The arresting officer shall execute an affidavit of arrest operation centers.
stating clearly and distinctly the facts and circumstances
surrounding the arrest.

Sec. 10 Sec. 11
GUIDELINES ON THE ESTABLISHMENT OF COMELEC CHECKPOINTS
(COMELEC RESOLUTION 3420)

Report of the committee on firearms and


security personnel.
The Committee on Firearms and Security Personnel shall
submit to the Commission on Elections a weekly report
stating the particulars of all arrests made during the
election period.

Sec. 12
COMELEC GUN BAN
2022 National and Local Elections
COMELEC

UN BAN
Legal Basis: Section 261 (q), Omnibus Election Code (B.P. 881)

Carrying firearms outside residence or place of business.

Any person who, although possessing a permit to carry firearms, carries any firearms outside his residence or
place of business during the election period, unless authorized in writing by the Commission: Provided, That a
motor vehicle, water or air craft shall not be considered a residence or place of business or extension hereof.

This prohibition shall not apply to cashiers and disbursing officers while in the performance of their duties
or to persons who by nature of their official duties, profession, business or occupation habitually carry
large sums of money or valuables.
COMELEC

UN BAN
CERTIFICATE OF AUTHORITY
A certificate issued by the CBFSP to a qualified applicant

Certificate of Certificate of Authority-Law Enforcement Certificate of Authority-Security Agency


Authority-Cashier/Disbursing Officer (CA- Agency (CA-LEA) (CA-SA)
C/DO)
refers to the Certificate of Authority to bear, refers to the Certificate of Authority to bear, refers to the Certificate of Authority to bear,
carry or transport Firearms or other Deadly carry or transport Firearms or other Deadly carry or transport Firearms or other Deadly
Weapons issued to qualified cashiers/ Weapons issued by the CBFSP to the PNP, Weapons issued by the CBFSP to qualified
disbursing officers or persons who by the the AFP and the Law Enforcement and Private Security, Investigative and Protective
nature of their official duties, profession, Security Personnel of other Government Agencies for their security personnel.
business or occupation habitually carry large Departments, Agencies, Offices, Bureaus,
sums of money or valuables. Commissions, Tribunals and Government-
Owned and Controlled Corporations.
COMELEC

UN BAN
CERTIFICATE OF AUTHORITY
A certificate issued by the CBFSP to a qualified applicant

Certificate of Authority-Security Details Certificate of Authority to Transport (CA-


(CA-SDs) TTs)

refers to the Certificate of Authority to refers to the Certificate of Authority to


employ, avail or engage the services of transport or deliver Firearms and/or its parts,
security personnel or bodyguard issued by Ammunition and/or its components, and,
the CBFSP to qualified public officials and/or Explosives and/or its components issued by
private individuals. the CBFSP to qualified applicants/persons.
COMELEC

UN BAN
AUTHORITY TO BEAR, CARRY OR TRANSPORT FIREARMS OR OTHER DEADLY WEAPONS
Regular officers, members, and agents of the following agencies of the government who are actually performing law enforcement and/or
security functions:

Provided, That when in the possession of firearms, they are:


(1) in the regular plantilla of the said agencies and are receiving regular compensation for the services rendered in said agencies
(2) in the agency-prescribed uniform
(3) duly authorized to possess firearm and to carry the same outside of residence 
(4) in the actual performance of official law enforcement and/or security duty; and
(5) bearing, carrying or transporting a maximum of two (2) firearms.
COMELEC

UN BAN
AUTHORITY TO BEAR, CARRY OR TRANSPORT FIREARMS OR OTHER DEADLY WEAPONS

Members of Private Security Service Cashiers and disbursing officers


Providers (PSSPs)
Provided, That, when in the possession of
Provided, That, when in the possession of
Firearms, they are:
Firearms, they are:
 currently employed;
 in the agency-prescribed uniform;
 in the actual performance of transporting
 in possession of a valid LESP with DDO,
deposits, disbursing payrolls, or carrying
and valid firearms license;
large sums of money or valuables;
 deployed by PSA/PDS/CGF duly licensed
 in possession of the Certificate of
by the PNP;
Authority;
 in the actual performance of official duty;
 carrying a maximum of two (2) firearms.
and
 carrying one (1) small firearm.
COMELEC

UN BAN
SUSPENSION OF PTCFORs, MOs and/or LOs

The validity of PTCFORs,


Mission Orders (MOs) or Letter
Orders (LO)

Must be covered by a valid and


subsisting
During election period CERTIFICATE OF AUTHORITY
Election Offenses and the
Information Communication Technology

Cybercrime Prevention Act

http://www.free-powerpoint-templates-design.com
Cybercrime Prevention Act

How to investigate election offenses


committed by, with and through the use of
the internet and information technology?
RA 10175, Section 6

“Section 6. All crimes defined and


penalized by the Revised Penal Code, as
amended, and special laws, if
committed by, through and with the use
of information and communications
technologies shall be covered by the
relevant provisions of this
Act: Provided, That the penalty to be
imposed shall be one (1) degree higher
than that provided for by the Revised
Penal Code, as amended, and special
laws, as the case may be.”
d. LEO is authorized to apply for warrants for disclosure, search,
seizure, examination and interception of computer data
(Sections 14 to 16, RA 10175 and the Supreme Court Rule on
Relevant Provisions of Cybercrime Warrants);
Republic Act 10175
e. Once issued with a cyber search, seizure and examination
warrant, LEO is authorized to Order any person who has
knowledge about the functioning of the computer system and
the measures to protect and preserve the computer data therein
to provide, as is reasonable, the necessary information, to
enable the undertaking of the search, seizure and examination.

a. The penalty for the cyber-related crime will be one degree f. LEO is empowered to file complaints for Obstruction of Justice
higher in case of non-compliance to the Orders (Section 20);

b. Law Enforcement Officer (LEO) is authorized to order service


providers (such as Globe, Facebook) to preserve content/traffic g. LEO is entitled to seek for international cooperation in the
data for six (6) months from the date of receipt of the order exchange of information or extradition, either formally, through
(Section 13) the Department of Justice (ex: Mutual Legal Assistance) or
informally, through police to police cooperation; and

c. LEO is also authorized to order a one-time extension for


another six (6) months. However, once the service provider is
h. Other PNP units is entitle to engage the services of the Anti-
notified that a complaint is transmitted to the Office of the
Cybercrime Group in the conduct of investigation and case
Prosecutor using the preserved data as evidence, the same
build-up (Section 10 of RA 10175 and Section 9 and 10 of its
shall be preserved until the termination of the case (Section 13);
IRR).
DOJ Advisory Opinion No. 1

The investigation of cyber-related crimes


is not exclusive to the PNP ACG

other investigating units of the PNP can


handle the investigations of cyber-related
crimes
Investigative Steps that may be taken in
the investigation of a cyber-related
election offense.
1 2
Preserve:
Apply for a Warrant to
a) profile ID or URL Disclose Computer Data
b) content of the post (WDCD)
c) post history

3 4
Look for witnesses who
could attest to the fact Consult with legal officer
that the social media to help look for other
account is linked to the circumstantial evidences
person of the suspect.
THANK YOU

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