Legal Advisory

8/19/2019 Legal Advisory

1/20

Acting Director , LS : PSSUPT ROEL B OBUSAN

ActingChief of Staff : PSSUPT ORLANDO T MELCHOR

Acting Chief, Legal AssistanceDivision

: PSUPT SOVER DC GONTING

Acting Chief, Legal Research andEvaluation Division

: PSUPT ANSELMO E ANDAYAN

Acting Chief,Administrative and Resource andManagement Division

: PSUPT ROMAN E LORETO

Acting Chief, Special Cases Division : PSUPT ELLA CRISTINA B CULANGEN

Acting Chief , Litigation Division : PSUPT LEJOE C CAMPOS

Supervisor, PanyerongPulis @ Ur Serbis 24/7 : PSINSP ANNA LUISA A CENTINO

The Commission on Elections

(COMELEC), pursuant to its power

vested by the Constitution, the

Omnibus Election Code, Republic Act

No. 9369, and other election laws,

issued Resolution No. 9981 prescribing,

among others, the prohibited actswhich must be avoided not only by

the candidates for National and Local

elective positions but also by ordinary

individuals in order to ensure the

conduct of an honest, orderly, clean,

credible and peaceful National and

Local elections this May 9, 2016. The

COMELEC further issued Resolution No.

10015 promulgating the rules and

regulations on (1) the ban on bearing, carrying or transporting of firearms

or other deadly weapon, and (2) the employment, availment or

engagement of the services of security personnel or bodyguards, andCOMELEC Resolution No. 10029, which deals with the establishment and

operation of COMELEC checkpoints and with the authority of Chiefs of

Police in cities and municipalities to conduct preliminary examination on

violation of bans on forearms, other deadly weapons and security

personnel.

Key LS Personnel

Election Laws and Other COMELEC Issuances

January 2016

Special Issue

http://www.comelec.gov.ph/


2/20

Thus, a Legal Advisory simplifying the mentioned COMELEC

issuances to serve as guide to our Philippine National Police (PNP)

personnel in enforcing election law and COMELEC issuances for the entire

election period.

Hereunder are the prohibited activities in relation to personnel during

the election period (January 10, 2016 to June 8, 2016):

1. Transfer of Officers and Employees in the Civil Service

Period covered Prohibited activity Exemption

January 10 – June 8,

2016

Transfer or detail of any

officer or employee in

the civil service,

including public schoolteachers

With prior authority

from COMELEC

Q: How to request for authority to transfer, move, or detail a civil

servant during the election period?

A: 1. Written request in two original copies including attachments;

2. State all pertinent information (i.e. office and place to which the

officer or employee is proposed to be transferred or detailed, etc.)

and reasons for such movement; and

3. Submit a soft copy of the request in MS Word format saved in USB

or CD.

Q: Where to file such request?

A: 1. COMELEC Law Department –

a. official station is central or main offices of national

government agencies and GOCCs;

b. involves Provincial, City/Municipal Treasurers and School

Division Superintendents and Assistant Superintendents;

c. transfer or detail is inter-regional.

2. The Office of the Regional Election Director –

a. for field offices of including the NCR;

b. All other officers and employees.

2. Appointment of new employees, creation of new position,

promotion, and salary increases


March 25 - May 8,

2016

1. Appoint or hire any

new employee. With prior authority

from COMELEC2. Create and fill any

new position

3. Promote or give any

increase of salary,

enumeration or

privilege.

No exemption

Q: How to request for authority to appoint or hire new employees?

A: 1. Written request in two original copies including attachments;

2. State all pertinent information (i.e. name of appointee, position,

salary, etc.) and reasons for such authority; and

3. Submit a soft copy of the request in MS Word format saved in USB

or CD.

Q: Where to file such request?

A: 1. COMELEC Law Department – for central or main offices of

national government agencies and GOCCs.

2. The Office of the Regional Election Director – for field or local offices of

national government agencies and GOCCs.

TRANSFER, HIRING and PROMOTION

(COMELEC Resolutions Nos. 9981 dated August 15, 2015and 10030 dated December 22, 2015)

2 3


3/20

Q: What are the requirement/s to create/fill new position, where and

how to file:

A: Written request to be submitted at COMELEC Law Department.

Q: When is request for authority not necessary?

A: Renewal of appointments of temporary, casual, substitute and

contractual personnel. However, the complete list of such employees must

still be submitted to the COMELEC Law Department.

Q: In case of urgent need to appoint or hire new employees, what

should be done?

A: If an employee was already hired without prior authority from

COMELEC, the requesting office shall:

Notify the Commission thru the Law Department in writing within 3

days from the date of appointment or hiring stating-exact date of appointment

-cause of vacancy

-reason for appointment/hiring

-all other necessary data or information

Q: What are the instances where the hiring or appointment of new

employee be considered “urgent”?

A: 1. Position to be filled is essential to the proper functioning of the

office or agency concerned;

2. The position to be has been vacated either by death, retirement,

resignation, promotion or transfer of the regular incumbent;3. The appointment is issued within 60 days from occurrence of the

vacancy;

4. The vacancy cannot be filled by promotion or transfer of insiders

within the same period; and

5. The position shall not be filled in any manner that may influence

the election.

Note: Appointment to a position which was vacant for more that 60 days

requires prior written authority from the COMELEC.

Note: The Civil Service Commission is enjoined not to approve the

appointment of new employees without prior written authority from theCOMELEC.

Note: Continuing authority to hire new employees from March 25 – May 8,

2016 and transfer government employees from January 10 – June 8, 2016 is

granted to the following government agencies:

1. The President of the Philippines;

2. Supreme Court, Court of Appeals, Sandiganbayan, Court of Tax

Appeals, and lower courts including SET and HRET;

3. PNP; and

4. Armed Forces of the Philippines (AFP).

Q: What are the conditions for the grant of such continuing authority/

A: The hiring of new employees and/or transfer:

1. is essential to the proper functioning of the office and shall

not influence the 2016 Elections;

2. not to involve promotion or giving of increase in salary or

allowance;

3. authorization is prospective in application;

4. should notify the Commission in writing.

Note: The grant of authority for other agencies must be thru written

request subject to approval of the Commission En Banc.

3. Suspension of Elective Provincial, City, Municipal or Barangay

Officer

4 5


4/20


January 10 – June 8,

2016

1. Suspension of

Elective Provincial, City,

Municipal or Barangay

Officer

With prior authority

from COMELEC

No exemption

Note: No prior approval is required if suspension will be for purposes ofapplying “Anti-Graft and Corrupt Practices Act”.

Note: The onset of the elections will not lift any suspension already being

served.

COMELEC Resolution No. 9981 prescribed the calendar of activities

as well as the prohibited acts in connection with the May 9, 2016 national

and local elections. It sets out the dates when campaigning is not allowed.

Q: What is election campaign?

A: 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 which includes:

-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;

-Holding political caucuses, conferences, meetings, rallies,

parades, or other similar assemblies, for the purpose of solicitingvotes and/or undertaking any campaign or propaganda for or

against a candidate;

-Making speeches, announcements or commentaries, or holding

interviews for or against the election of any candidate for public

office;

-Publishing or distributing campaign literature or materials

designed to support or oppose the election of any candidate; or

-Directly or indirectly soliciting votes, pledges or support for or

against a candidate. (Section 79(b), OEC)

Q: What is the campaign period for candidates for President, Vice-President, Senator and party-list groups participating in the party-list system

of representation?

A: February 09, 2016 (Tuesday) to May 07, 2016 (Saturday) (Section 5

(a) RA no. 7166 and Section 4, RA No. 7941).

Q: What about for candidates for Member of the House of

Representatives, provincial, city and municipal officials?

A: March 25, 2016 (Friday) to May 07, 2016 (Saturday) (Section 5 (b), RA

No. 7166).

Q: When does campaigning become a prohibited act?

A: When a candidate engages in election campaign or partisan

political activity on the dates specified by the COMELEC when

campaigning is prohibited.

The dates where campaigning is prohibited are on March 24, 2016

(Holy Thursday), March 25, 2016 (Good Friday), May 08, 2016 (Sunday;

election eve), and May 09, 2016 (Monday; election day). Campaigning

abroad is prohibited on April 09, 2016 (8:00 o’ clock a.m. of host country

time) to May 09, 2016 (7:00 o’clock p.m., PHL time) (Sec. 22, RA No. 10590).

Q: What case/s could be filed against those who will engage in illegal

campaign?

A: Violation of Section 5, RA No. 7166 in relation to Section 64 of the

OEC.

LIMITATIONS on CAMPAIGNING

(COMELEC Resolution No. 9981 dated August 15, 2015)

67


5/20

COMELEC Resolution No. 9981 in relation to the Omnibus Election

Code enumerates the prohibited acts and Vote-buying

Q: Mr. Offeror is a candidate for Congressman. He offered and gave

money to Mr. Acceptor in exchange for his vote during the election. Is Mr.Offeror liable for any offense?

A: Yes. Mr. Offeror is liable for Vote-buying under Section 261 of the

Omnibus Election Code (OEC).

Q: If it was Mr. Conspirator who offered and gave the money to Mr.

Acceptor instead of Mr. Offeror, the candidate for Congressman, is Mr.

Conspirator also liable for any offense?

A: Yes, Mr. Conspirator, although not a candidate, is also liable for

vote-buying because vote-buying is committed by any person who gives,

offers or promises money or anything of value, gives or promises any officeor employment, franchise or grant, public or private, or makes or offers to

make an expenditure, directly or indirectly, or cause an expenditure to be

made to any person, association or corporation, entity or community in

order to induce anyone or the public in general to vote for or against any

candidate or withhold his vote in the election, or to vote for or against any

aspirant for the nomination or choice of a candidate in a convention or

similar selection process of a political party.

Q: If Mr. Acceptor received the money and voted for Mr. Offeror, is Mr.

Acceptor liable for any offense?

A: Yes. Mr. Acceptor is liable for vote-selling.

Q: If Mr. Acceptor received the money but did not vote for Mr. Offeror,

is he still liable for any offense?

A: Yes. He will still be liable for vote-selling pursuant to the above-cited

definition. However, pursuant to the case of COMELEC vs Tagle, G.R. Nos.

148948 & 148951-60, February 17, 2003, Mr. Acceptor may choose to seek a

grant of immunity. In the said case, there was a grant of immunity from

criminal liability in favour of the party whose vote was bought in order to

encourage the acceptor to come into the open and denounce the

culprit-candidate.

Thus, it was promulgated in the said case that: “The giver, offeror,

the promisor as well as the solicitor, acceptor, recipient and conspirator

referred to in paragraphs (a) and (b) of Section 261 of the OEC shall be

liable as principals: Provided that any person, otherwise guilty under said

paragraphs who voluntarily gives information and willingly testifies on any

violation thereof in any official investigation or proceeding shall be exempt

from criminal prosecution and punishment for the offenses with reference

to which his information and testimony were given: Provided further, that

nothing herein shall exempt such person from criminal prosecution for

perjury or false testimony.”

Q: Mr. Solicitor went to Mr. Offeror, a candidate for Congressman,asking for a position in his office as a janitor in case he wins the election. In

exchange for the favour, Mr. Solicitor promised to vote for Mr. Offeror, to

which the latter agreed. Is Mr. Solicitor liable for any offense?

A: Yes. Mr. Solicitor is liable for vote-selling pursuant to Section 261 (a)

(2) of the OEC which prohibits any person, association, corporation, group

or community who solicits or receives directly, indirectly, any expenditure or

promise of any office or employment, public or private, in order to vote for

or against a candidate.

Q: What are the necessary documents for an investigation regarding

vote-buying and vote-selling to proceed?

A: The presentation of a complaint for violations of paragraph (a) or

(b) of Section 261 of the OEC supported by affidavits of complaining

witnesses attesting to the offer or promise by, (or the voter’s acceptance

VOTE-BUYING, VOTE-SELLING(OMNIBUS ELECTION CODE)

8 9


6/20

of money or other consideration from,) the relatives, leaders or

sympathizers of a candidate, shall be sufficient basis for an investigation to

be immediately conducted by the COMELEC, directly or through its duly

authorized legal officers.

Under COMELEC Resolution No. 10015, it is prohibited to bear, carry or

transport firearms outside one’s residence or place of business, and in all

public places, including any building, street, park, and in private vehicles

or public conveyances, even if that person is licensed or authorized to

possess or to carry the same, unless authorized by the COMELEC, through

the Committee on the Ban on Firearms and Security Personnel (CBFSP) for

the period of January 10, 2016 to June 8, 2016.

Any permit to carry firearms outside residence (PTCFOR), Letter Order

(LO) or Mission Order (MO) issued by the Chief, PNP, the Chief of Staff of

the AFP, the Commanding General or Flag Officer in Command of the

Different Branches of the AFP and their sub-units, or their duly authorized

representatives, or any other head of government law enforcement

agency are hereby declared suspended, ineffective, and without force

and effect during the election period, unless properly covered by a

Certificate of Authority duly issued by the COMELEC through CBFSP.

Same COMELEC Resolution prohibits the transport and delivery of

firearms parts, ammunition and/or its components, and explosives and/or

its components, unless authorized by the COMELEC through the CBFSP.

Q: What is a firearm?

A: A firearm is any handheld or portable weapon that expels or is

designed to expel a bullet, shot, slug, missile or any projectile. The barrel,

frame or receiver is considered a firearm.

Imitation firearms (replicas), airguns and airsoft guns are also deemed

included in the term Firearms.

Q: What is ammunition?

A: The complete unfired unit consisting of a bullet, gunpowder,

cartridge case and primer or loaded shell for use in any firearm.

Q: Mr. A is a vendor of replicas and imitations of airsoft guns andairguns. Is he allowed to sell during election period without violating any

law?

A: No. As provided under COMELEC Resolution No. 10015, the term

“firearm” includes airguns, airsoft guns, and replicas/imitations of firearms in

whatever form that can cause an ordinary person to believe that they are

real. Hence, Mr. A may be held liable for violating the election gun ban if

he sells the aforementioned things during the election period.

Q: Mr. X is a businessman who owns a licensed .45 cal pistol andcovered only by a PTCFOR. On the day of the national election, he was

found in possession of said firearm tucked on his waist while on the way tohis office. Is he guilty of an election offense?

A: Yes. His act is one of the acts punishable under Section 261 (q) of

the Omnibus Election Code (OEC) which prohibits any person who,

although possessing a PTCFOR, carries a firearm outside residence or place

of business during the election period without being authorized in writing

by the Commission on Elections (COMELEC).

Q: What is meant by residence or place of business?

A: The location where the firearm/s shall be kept as indicated in the

firearms registration card.

Q: If the licensed firearm was found in the car driven by Mr. X while on

his way to the office, will he still be liable for an election offense?

BAN of FIREARMS and AMMUNITION

(COMELEC Resolution No. 10015 dated November 13, 2015)

10 11


7/20

A: Yes. A motor vehicle, water or air craft are not considered as

residence or place of business or an extension thereof.

Q: How about if the firearm of Mr. X is a loose firearm, what is he liable

of?

A: He is liable for violating Section 261 (q) of the Omnibus Election

Code (election gun ban).

Q: Is Mr. X, who was found in possession of a loose firearm in a

COMELEC checkpoint, likewise liable under RA No. 10591 or the

Comprehensive Firearms and Ammunitions Regulation Act”?

A: Not anymore. In the case of Madrigal vs. People, G.R. No. 182694,

August 13, 2008, Madrigal’s conviction on the case of illegal possession of

firearm was reversed and set aside by the Supreme Court in view of the

fact that another crime, that is: violation of the election gunban, was

committed at the same time (that he was alleged to have committed

illegal possession of firearm).

Note: Madrigal’s conviction on his election gunban case was affirmed by

the Supreme Court.

Q: If the licensed firearm of Mr. X was found in his possession on June 9,

2016, is he still liable?

A: No. Since his firearm is licensed and covered by a valid permit, he

could not be liable anymore for an election offense. The prohibition on the

election gun ban is only applicable during election period which is from

January 10, 2016 to June 8, 2016.

Q: If a loose firearm is recovered during the implementation of aSearch Warrant, what charge may be filed?

A: Violation of RA No. 10591.

Q: Mr. T was on his way home when he was stopped at a COMELEC

checkpoint. He alighted from his car and spoke with the police officers

manning the checkpoint. Consequently, a gun was seen tucked on his

waist. Is the plain view doctrine applicable in this case?

A: Yes. Under the plain view doctrine, objects falling in the “plain

view” of an officer who has right to be in the position to have that view are

subject to seizure and may be presented as evidence.

The plain view doctrine applies when the following requisites

concur: a) the law enforcement officer in search of evidence has a prior

justification for an intrusion or is in a position from which he can view a

particular area; b) the discovery of the evidence in plain view is

inadvertent; and c) it is immediately apparent to the officer that the item

he observes may be evidence of a crime, contraband or otherwise subject

to seizure.

Q: Who may be given authority by the COMELEC to bear, carry, or

transport firearms?

A: 1. Government officials and employees enumerated in Annex “A”.

2. Cashiers and disbursing officers or persons who by the nature of

their official duties, profession, business or occupation habitually carry large

sum of money or valuables. Provided, that, when in the possession of

firearms, they are: a) currently employed under the conditions above; b) in

the actual performance of his official duties; c) in possession of the

Certificate of Authority and other firearms licenses; and, d) carrying a

maximum of two firearms; and

3. Members of Private Security Service Providers (PSSPs). Provided,

that, when in the possession of firearms, they are: a) in the agency-prescribed uniform with agency-issued identification card prominently

displayed and visible at all times; b) in possession of a valid License to

Exercise Security Profession, Duty Detail Order, and valid firearm license of

the agency; c) deployed by an agency duly licensed by the PNP; d) In

actual performance of duty at his specified area of duty; and, e) carrying

one small firearm, unless allowed otherwise.

12 13


8/20

Q: What are the Certificates of Authority that are being issued by the

COMELEC through CBFSP?

A: The following are the Certificates of Authority issued by the

COMELEC through the CBFSP:

1.Certificate of Authority – Cashier/Disbursing Officer (CA-C/DO) –

refers to the Certificate of Authority to bear, carry or transport firearms orother deadly weapons issued to qualified cashiers/disbursing officers or

persons who by the nature of their official duties, profession, business or

occupation habitually carry large sums of money or valuables.

2. Certificate of Authority-Law Enforcement Agency (CA-LEA) –

refers to the Certificate of Authority to bear, carry or transport Firearms or

deadly weapons issued to the PNP, the AFP and the Law Enforcement and

Security Personnel of other Government Departments, Agencies, Offices,

Bureaus, Commissions, Tribunals and Government-Owned and Controlled

Corporations.

3. Certificate of Authority-Security Agency (CA-SA) – refers to theCertificate of Authority to bear, carry or transport firearms or other deadly

weapons issued to qualified Private Security, Investigative and Protective

Agencies for their security personnel.

4. Certificate of Authority- Security Details (CA-SDs) – refers to the

Certificate of Authority to employ, avail or engage the services of security

personnel or bodyguard issued to qualified public officials and/or private

individuals.

5. Certificate of Authority to Transport (CA-TTs) – Certificate of

Authority to transport or deliver Firearms and/or its parts, Ammunition

and/or its components, and, Explosives and/or its components issued toqualified applicants/persons.

Q: What is a Temporary Authority- Security Detail (TA-SDs)?

A: It is the Temporary Certificate of Authority to employ, avail or

engage the services of security personnel or bodyguard issued by the

Regional Joint Security Control Center (RJSCC) to qualified public officials

and private individuals. It is valid for a period of thirty (30) days only.

Q: What are the rules to be observed by the security personnel or

bodyguard of persons issued with Certificate of Authority-Security Details

(CA-SDs)?

A: When in the possession of Firearms, the security personnel or

bodyguard must be:

1. in his prescribed uniform;

2. in the actual performance of his duties;

3. The security personnel or bodyguard must be employed by

a duly licensed private security service provider and is qualified to perform

or provide personal security protection to private persons or individuals

entitled to protection; and

4. carrying one (1) small firearm, unless specifically allowed

otherwise under existing laws, rules and regulations.

Under COMELEC Resolution No. 10015, it is prohibited to bear, carry or

transport deadly weapons outside one’s residence or place of business,

and in all public places, including any building, street, park, and in private

vehicles or public conveyances, even if that person is licensed or

authorized to possess or to carry the same, unless authorized by the

COMELEC, through the CBFSP for the period of January 10, 2016 to June 8,

2016.

Q: What is a deadly weapon?

A: All types of bladed instruments, hand grenades or other explosives,

except pyrotechnics.

BAN on DEADLY WEAPONS


14 15


9/20

Q: Is there an exception to the ban on bladed weapon, meaning, the

bearing, carrying and transporting is allowed even without COMELEC

authority?

A: Yes. When possession of the bladed instrument is necessary to the

occupation of the possessor or when it is used as a tool for a legitimate

activity.

Q: What is an explosive?

A: An exploding substance or agent, including the components and

raw materials thereof, as defined under pertinent laws.

Q: Who may be given authority by the COMELEC to bear, carry, or

transport deadly weapons?

A: 1. Government officials and employees enumerated in Annex “A”.

2. Cashiers and disbursing officers or persons who by the nature of

their official duties, profession, business or occupation habitually carry large

sum of money or valuables. Provided, that, when in the possession of

firearms, they are: a) currently employed under the conditions above; b) in

the actual performance of his official duties; c) in possession of the

Certificate of Authority and other firearms licenses; and, d) carrying a

maximum of two firearms; and

3. Members of Private Security Service Providers (PSSPs). Provided,

that, when in the possession of firearms, they are: a) in the agency-

prescribed uniform with agency-issued identification card prominently

displayed and visible at all times; b) in possession of a valid License to

Exercise Security Profession, Duty Detail Order, and valid firearm license of

the agency; c) deployed by an agency duly licensed by the PNP; d) In

actual performance of duty at his specified area of duty; and, e) carrying

one small firearm, unless allowed otherwise.

COMELEC Resolution No. 10015 prohibits the employing or

engaging the services of security personnel or bodyguards, whether or not

such security personnel or bodyguards are regular members or officers of

the PNP, the Armed Forces of the Philippines (AFP), other law enforcement

agency of the government or from a private security service provider,unless authorized by the COMELEC, through the CBFSP.

Q: What acts are prohibited?

A: For any person to employ, avail himself of or engage the services of

security personnel or bodyguards, whether or not such bodyguards are

regular members of the PNP, the AFP or other law enforcement agencies

of the Government.

Q: What is the effect of the promulgation of COMELEC Resolution No.

10015 to all existing authority granting security personnel or body guards?

A: Such authority is automatically revoked at the start of the election

period (January 10, 2016).

Q: Is the above rule absolute?

A: No. The authority granted to or the services of security personnel or

complement of the following persons shall subsist under the following

conditions:

1. The President, Vice President, Senate President, Speaker of the

House of Representatives, Chief Justice of the Supreme Court, Secretary of

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, and Director

Generals and Senior Officers of the PNP, who are not candidates, pursuant

to the respective existing authorizations or engagements of their security

personnel;

BAN ON BODYGUARDS


16 17


10/20

2. Senators, Members of the House of Representatives and Provincial

Governors, who are not candidates, whose regular security complement

have been provided by the PNP, AFP, NBI or other Government Law

Enforcement Agencies for at least one (1) year at the time of the

promulgation of this Resolution, may be allowed to retain the services of a

maximum of two (2) of the currently detailed officers or members of said

law enforcement government agencies; and

3. Justices, Judges and Cabinet Secretaries, whose regular security

complement have been provided by the PNP, AFP, NBI or other

Government Law Enforcement Agencies for at least one (1) year at the

time of the promulgation of this Resolution, may be allowed to retain the

services of a maximum of two (2) of the currently detailed officers or

members of said law enforcement government agencies;

Q: Can the above-mentioned public officials who are allowed with the

maximum of two (2) bodyguards engage the services of additional

security personnel or bodyguards?

A: Yes, if warranted by the circumstances, and upon compliance ofthe requirements of the COMELEC in applying for an authority to employ,

avail or engage the services of security personnel or bodyguards.

Q: If the above-mentioned public officials happen to be candidates,

can they retain their duly engaged or appointed security personnel?

A: Yes, but they have to apply for authority to employ, avail or

engage the services of security personnel or bodyguards from the

COMLEC through the CBSFSP.

Q: Other than the above-mentioned public officials, are there any

public officials or persons who may employ, avail or engage the services ofsecurity personnel or bodyguards?

A: Yes, when circumstances warrant and upon compliance of the

requirements of the COMELEC in applying for an authority to employ, avail

or engage the services of security personnel or bodyguards, the following

may be allowed to employ, avail or engage the services of two (2) private

security personnel:

1. incumbent public officials, whether elected or appointed;

2. candidates or his/her immediate family within the second

degree of consanguinity or affinity; and

3. private individuals.

COMELEC Resolution No. 10029 was issued to set guidelines to be

observed in order not to violate civil, political and human rights of

individuals during implementation of search and seizure procedure at the

duly established checkpoints.

RULE I: GUIDELINES ON THE ESTABLISHMENT AND OPERATION OF COMELEC

CHECKPOINTS

1. COMELEC Checkpoints. - There shall be at least one COMELECcheckpoint in each city/municipality. However, additional checkpoints

may be established at the discretion of the highest ranking official of

the AFP or the PNP in the city/municipality.

2. Checkpoint location. – The officials mentioned in the

immediately preceding section shall, in consultation with the

city/municipal Election Officer (EO), shall establish COMELEC checkpoints

in their respective areas of jurisdiction only in places which are well-

lighted. In areas where electric light is not available, artificial lighting shall

be provided for the purpose.

NOTE: Every COMELEC checkpoint shall have a signboardmeasuring three feet by four feet (3'x4'), to clearly identify the place as a

COMELEC checkpoint from a reasonable distance.

3. Notice of location of checkpoints. - The commanding

officer/team leader of the checkpoint must give notice to the Election

GUIDELINES on COMELEC CHECKPOINTS(COMELEC Resolution No. 10029 dated December 22, 2015

18 19


11/20

Officer, as well as non-government organizations and other civic

organizations about the establishment and location of COMELEC

checkpoints in the locality.

4. Spot checkpoint. - Where the circumstances warrant, spot

checkpoints may be established in locations other than those

mentioned in the preceding paragraph. However, before establishingsuch checkpoints, the coordinating officer/team leader must give notice

to the concerned Election Officer.

5. Personnel to man checkpoint. - Any unit designated to man a

COMELEC checkpoint must be led by a regular member of the Armed

Forces of the Philippines or the Philippine National Police with a rank of

at least lieutenant/inspector. AFP and PNP personnel manning the

checkpoints must be in complete uniform and shall not be under the

influence of liquor/drug. Any violation committed thereto shall make the

offender and his commanding officer jointly liable for

administrative/criminal action.

6. Briefing by the commanding officer/team leader . - A briefing

must be given by the commanding officer/team leader to all members

of the unit who will be designated to man the checkpoints, with

emphasis on the proper manner of searching with reasonableness.

7. Searches at COMELEC Checkpoint. – Any search at any

checkpoint must be made only by members of the unit designated to man

the same. It should be done in a manner which will impose minimum

inconvenience upon the persons so searched, to the end that civil,

political and human rights of the person/s are not violated.

Q: Do police officers manning COMELEC checkpoints need to first

secure a search warrant before searching and seizing the prohibited

weapons or materials found in a flagged vehicle?

A: No. Pursuant to COMELEC Resolution No. 10029 on the conduct of

checkpoint, a warrantless search can be made in the following cases:

1. Moving vehicles and the seizure of evidence made in Plainview;

2. 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;

3. When the occupant/s of the vehicle appear to be nervous or

suspicious or exhibit unnatural reaction;

4. If the officer conducting the search has reasonable or probablecause 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; or

5. On the basis of prior confidential information which are

reasonably corroborated by other attendant matters.

Q: What should an arresting officer do after arresting an offender at

the checkpoint?

A: The arresting officer shall immediately and chronologically record

the said arrest in a logbook stating therein the circumstances of arrest and

other particulars of the arrested person and the confiscated weapons ormaterials. After recording the arrest, the arrested person must be turned-

over immediately to the nearest police station with corresponding

affidavit/s of arrest for proper action.

COMELEC Resolution No. 10029 was issued to set guidelines for the

prompt and proper investigation of violations of the ban on firearms, other

deadly weapons and the employment of security personnel.

RULE II: INSTRUCTIONS TO CHIEF OF POLICE OF CITIES/MUNICIPALITIES ON

THE CONDUCT OF PRELIMINARY EXAMINATION ON THE VIOLATION OF THE

BANS ON FIREARMS, OTHER DEADLY WEAPONS AND SECURITY PERSONNEL

PRELIMINARY EXAMINATION by CHIEFS OF POLICE

(COMELEC Resolution No. 10029 dated December 22, 2015)

20 21


12/20

Q: What is the duty of the Chief of Police in cases of apprehensions for

violation of the COMELEC ban on the bearing, carrying and transporting of

firearms and other deadly weapons, and on the employment of security

personnel and body guards, in their respective areas of jurisdiction.

A: The Chief of Police or his duly authorized PNP representative shall

conduct the PRELIMINARY EXAMINATION of all apprehensions for violation

of the ban on the bearing, carrying and transporting of firearms and otherdeadly weapons, and on the employment of security personnel and body

guards, in their respective areas of jurisdiction.

Q: What is the procedure in the conduct of preliminary examinationby

the Chief of Police or his duly authorized PNP representative?

A: In the conduct of preliminary examination the Chief of Police or his

duly authorized investigator shall:

1. Take the affidavit of the arresting officer or policeman indicating

therein the fact of arrest and the circumstances surrounding the

arrest;

2. Take the statement of the respondent/s.

3. Confiscate the firearms and issue the proper receipt therefor;

4. Cause the respondent/s 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

5. Take the statement of witness/witnesses, if any.

Q: What are the rights of a person arrested undergoing preliminary

examination?

A: Any person arrested who is undergoing preliminary examination

must be treated humanely and with utmost respect to his constitutional

and human rights. He must also be informed of the following rights:

1. To remain silent, and be informed that anything she/he says

may be used against her/him in court;

2. To have competent and independent counsel preferably of his

own choice, but if he cannot afford the services of counsel, he

must be provided with one;

3. To be released from detention if no charges have been filed

against him within the allowable period/s from arrest under the

law;4. When women or children are among the suspect/s or arrestees,

the Women's and Children's Protection Desks (WCPD) officer or a

policewoman who is familiar with women and children

protection desk duties shall be tasked to conduct the pat-down

search;

5. A separate Police Blotter shall be maintained for crime incident

reports involving a child in conflict with the law to protect their

privacy pursuant to Republic Act (RA) 9262 (Anti-Violence

Against Women and Children Act of 2004) and RA 9344 (Juvenile

Justice and Welfare Act of 2006);

6. The AFP/PNP manning the checkpoint shall at all times ensure

respect for the rights of any child in conflict with the law asprovided in the Philippine Constitution, domestic laws, the

Convention of the Rights of the Child and other related

international human rights instruments. The procedures in

handling of Children in Conflict with the law under Rules 33.5 and

33.6 of PNPM-DO-DS-3-2-13 shall be strictly followed.

7. In cases involving persons with disability, the prohibitions on

verbal, non-verbal ridicule and vilification under R.A. 9442 and its

Implementing Rules and Regulations, and other relevant

domestic and international laws shall be strictly observed.

8. In cases involving violations committed by the elderly, due

respect, courtesy and consideration shall be accorded to their

persons in regard of their age and physical state. The samerespect, courtesy and consideration shall be accorded to

pregnant women.

Q: What is the disposition of the Chief of Police on the documents and

evidence gathered during the preliminary investigation?

22 23


13/20

A: 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

provincial/city prosecutor, furnishing the Law Department of the

Commission with three copies of the report. The prosecutor shall then

conduct an investigation which shall be resolved within five (5) days from

its submission for resolution.

GPPB Circular No. 08-2015 was issued to set guidelines in the conduct of

procurement activities during the election period.

I- PURPOSE

A. To remind government agencies that election ban is not designed to

paralyze the operations of the government but to insulate government

procurement from political partisan activities, usually in the form of new projects,which are designed to influence the public during the elections.

B. To advise government agencies on the procurement activities that mayor may not be undertaken.

II- LEGAL AUTHORITY

Sections 261 (v) and (w) of the Omnibus Election Code

III- GENERAL RULE

Procuring entities can go on with the procurement activities, whether

through public bidding or alternative modes, from March 25 to May 8, 2016.

IV- EXCEPTION

Issuance of Notice of Award or the release, disbursement and expenditure

of public funds shall be prohibited on the following projects:

A. Social Projects- Refer to activities undertaken by the Department of

Social Welfare and Development (DSWD) and other agencies performing similar

functions. (GPPB Circ., Para 3.2)

B. Housing Related Projects- Refer to activities undertaken by the Housing

and Urban Development Coordinating Council (HUDCC) and other agencies

performing similar functions. (GPPB Circ., Para 3.3)

C. Public Works- Refer to infrastructure projects as defined under

Section5(k) of RA 9184, which shall include construction, improvement,

rehabilitation, repair, restoration, or maintenance of roads and bridges, railways,

seaports, communication facilities, civil works components of information

technology projects, irrigation, flood control and drainage, water supply, sanitation,

sewerage and solid waste management systems, shore protection,

energy/power and electrification facilities, national buildings, school buildings,

hospital buildings and other related construction projects of the government.(GPPB Circ, Para 3.1)

V- EXCEPTIONS TO THE EXCEPTION

Complete procurement activities are allowed on the following cases:

A. Under Social Projects, Notice of Award, whether through public bidding

or any of the alternative modes of procurement, may be issued on the

following projects:

1. Routine and normal expenses; and

2. Expenses covered by COMELEC exemption or those authorized

by the Commission after due notice and hearing.

B. Under Housing-Related Project, Notice of Award, whether through publicbidding or any of the alternative modes of procurement, may be issued on the

following projects:

1. Administrative expenses; and

2. Expenses covered by COMELEC exemption or authorized by the

Commission after due notice and hearing

C. Under Public Works, Notice of Award, whether through public bidding

or any of the alternative modes of procurement, may be issued on the following

projects:

1. Maintenance work involving maintenance of existing and/or

completed public works projects; provided that no additional laborers shall be

employed. 2. Contract entered into or awarded before election ban. Noticeof award, either through public bidding or negotiated procurement, provided it is

reported to the COMELEC;

3. Preparatory works like payment of preparation cost for drawings,

bill of materials, estimates, and other procedures preparatory to actual

construction including the purchase of materials and equipment, etc.

LIMITATIONS on PROCUREMENT

(GPPB Circular No. 08-2015 dated August 18, 2015)

24 25


14/20

4. Calamity. Emergency works necessitated by the occurrence of

a public calamity, but shall be limited to restoration of damaged facility.

5. Ongoing projects both locally funded and foreign-assisted (with

foreign agreements) that commenced before March 25, 2016, provided this was

reported to the COMELEC.

VI- REPORTORIAL REQUIREMENTS

A. On or before March 25, 2016, the Head of Procuring Entity shall submit tothe COMELEC through the Regional Election Director/Provincial Election

Supervisors/Election Officers concerned certified list of the following:

1. All on-going public projects commenced before March 25, 2016.

2. Similar on-going projects under foreign agreements

commenced before March 25, 2016.

3. Notice of Award for public works issued before March 25, 2016

together with a copy of each contract.

All procuring entities shall furnish the DPWH with a copy of certified list

submitted to COMELEC.

B. All Invitation to Bid and Awards of Contract shall be posted in PHILGEPS

in accordance with RA 9184 and its RIRR.

Q: What are the elements for violations of Section 261 (v) of BP 881?

A: “The prohibition of the release, disbursement or expenditure of public funds

for any and all kinds of public works depends on the following elements: (a) a

public official or employee releases, disburses or spends public funds; (b) the

release, disbursement and expenditure is made within 45 days before a regular

election or 30 days before a special election; and (c) the public funds are intended

for any and all kinds of public works except the four situations enumerated in

paragraph (v) of Section 261.”

Q: Under what instances Section 261 (w) may be violated?

A: “Section 261(w) is violated in either of two ways: (a) by any person who,

within 45 days preceding a regular election and 30 days before a special election,

undertakes the construction of any public works except those enumerated in the

preceding paragraph; or (b) by any person who issues, uses or avails of treasurywarrants or any device undertaking future delivery of money, goods or other things

of value chargeable against public funds within 45 days preceding a regular

election and 30 days before a special election.

Section 261(w) of the Omnibus Election Code is violated in either of two ways: (a)

by any person who, within 45 days preceding a regular election and 30 days

before a special election, undertakes the construction of any public works except

those enumerated in the preceding paragraph; or (b) by any person who issues,

uses or avails of treasury warrants or any device undertaking future delivery of

money, goods or other things of value chargeable against public funds within 45

days preceding a regular election and 30 days before a special election”

Q: May a prohibition on award of government contract during election

period be used to justify the adoption of shopping as mode of procurement?

A: “The justification presented for such alternative method is due only to timepressure brought about by the impending prohibition on award of Government

contracts during the election period, which certainly does not fall under the

specified ground provided by Section 52.b (Shopping) of the IRR-A of R.A. 9184.

(GPPB NPM 045-2004)

Note: Please refer to Annex “B” for other prohibited acts during the election period.

ANNEX “A”:

I. The President of the Republic of the Philippines;

II. The Vice-President of the Republic of the Philippines;

III. Senators and Members of the House of Representatives (who are not

candidates);

IV. Cabinet Secretaries;

V. The Chief Justice and Justices of the Supreme Court, Justices of the Court of

Appeals, Sandiganbayan, and Court of Tax Appeals; and Judges of the

Regional Trial courts and Municipal/Metropolitan/Circuit Trial Courts;

VI. The Ombudsman and Deputy Ombudsmen;

VII. The Chairmen and Commissioners of the Civil Service Commission (CSC) and

the Commission on Audit (COA);

VIII. The Chairperson and Commissioners of the Commission on Human Rights;

IX. Security Personnel of Foreign Diplomatic Corps, Missions and Establishments

under international law, including Foreign Military Personnel in the Philippines

covered by existing treaties and international agreements endorsed by the

Secretary of the Department of Foreign Affairs and the Heads of Missions of

foreign countries in the Philippines.

X. 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:

A. in the regular plantilla of the said agencies and are receiving regular

compensation for the services rendered in said agencies, (excluding

26 27

COMELEC Resolution No. 10015

Persons Authorized to Bear, Carr or Trans ort Firearms


15/20

confidential/ temporary/contractual agents/ employees or personnel,

unless otherwise approved);

B. in the agency-prescribed uniform showing clearly and legibly his name,

rank and serial number or, in case rank and serial number are not

applicable, displaying prominently the agency-issued identification card

showing clearly his name and position, which shall remain visible at all

times;

C. duly authorized to possess firearm and to carry the same outside of

residence by virtue of a valid permit to carry or a valid mission order orletter order;

D. in the actual performance of official law enforcement and/or security

duty, or are going to or returning from his dwelling/barracks or official

station, and

E. bearing, carrying or transporting a maximum of two (2) fi rearms;

1. Officers and Members of the Philippine National Police (PNP);

2. Commissioned Officers (COs), Non-Commissioned Officers

(NCOs) and Enlisted Personnel (EP) of the Armed Forces of the Philippines (AFP);

3. National Bureau of Investigation (NBI);

4. Provincial and City Jails, Bureau of Corrections (BuCor),

Department of Justice;

5. Bureau of Jail Management and Penology (BJMP);

6. (a) Intelligence Division and (b) Investigation Division of the

Intelligence and Investigation Service; and the (c) Customs Police Division of theEnforcement and Security Service of the Bureau of Customs (BoC);

7. Port Police Department, Philippine Ports Authority (PPA);

8. Philippine Economic Zone Authority (PEZA) police forces;

9. Government Guard Units (GGUs) regulated by the PNP under

RA No. 5487;

10. (a) The Commissioner and Deputy Commissioners, (b)

members of the Law and Investigation Division and (c) members of the Intellige

Intelligence Division, Bureau of Immigration (BI);

11. Manila International Airport (MIA) Authority Police Force;

12. Mactan-Cebu International Airport Authority Police Force;

13. Law Enforcement Service of the Land Transportation Office

(LTO);

14. Philippine Coast Guard (PCG);

15.

Cebu Port Authority Police Force;16. Internal Security Operations Group (ISOG) of the Witness

Protection, Security and Benefits Program of the Department of Justice;

17. Enforcement and lnvestigation Division, Optical Media Board

(OMB);

18. (a) The Security Investigation and Transport Department

(SITD), (b) Cash Department and (c) the Office of Special Investigation (OSI),

Branch Operations of the BangkoSentral ng Pilipinas (BSP);

19. Offices of the Sergeant-At-Arms (OSAA) of (a) the Senate and

(b) the House of Representatives, including the OSAA designated regular security

escorts of Senators and Congressmen;

20. Inspection Service of the Philippine Postal Corporation

(PhilPost);

21. Inspection, Monitoring and Investigation Service of the

National Police Commission (NAPOLCOM);

22. Forest Officers defined under PD No. 705, Forest/Park Rangers,

Wildlife Officers, and Forest Protection and Law Enforcement Officers of theDepartment of Environment and Natural Resources (DENR) under DAO No. 1997-

32;

23. Intelligence and Security Unit, Office of the Secretary,

Department of Foreign Affairs (DFA);

24. Philippine Drug Enforcement Agency (PDEA);

25. Philippine Center for Transnational Crime (PCTC);

26. National Intelligence Coordinating Agency (NICA);

27. Civilian Armed Forces Geographical Units (CAFGU) Active

Auxiliaries and Special Civilian Armed Forces Geographical Units Active Auxiliaries

already constituted upon the effectivity of this Resolution while within the

barracks;

28. Presidential Security Group (PSG);

29. Internal Security Division of the Bureau of the Treasury (BoT),

the Treasurer and Deputy Treasurers of the Philippines;

30. Internal Security of the Office of the Vice-President;

31. The Secretary, Undersecretaries, Assistant Secretaries of the

Department of the Interior and Local Government and the Internal Security of the

Office of the Secretary of the Interior and Local Government;

32. Internal Security of the Office of the Secretary of National

Defense;

33. The Secretary, Undersecretaries, Assistant Secretaries, The

Prosecutor General, Chief State Prosecutor, and the State, Regional, Provincial

and City Prosecutors, Department of Justice;

34. The Solicitor-General;

35. Investigators and Prosecutors of the Office of the

Ombudsman;

36. The Chief Public Attorney; and

37. The officers and members of departments/ divisions/

offices/units/detachments performing law enforcement and/or security functions;

XI. The Chairman and the Commissioners of the Commission on Elections, the

Executive Director, Deputy Executive Directors, Directors and Lawyers employed by and

holding office in the Main Office of the Commission, Regional Election Directors,

Assistant Regional Election Directors, Chiefs-of-Staff of the Offices of the Chairman and

Commissioners, Provincial Election Supervisors, Regional Attorneys and Election Officers,

and Organic Security Officers of the Commission on Elections.

28 29


16/20

Annex “B”

DATE/

PERIOD

ACTIVITIES PROHIBITED

ACTS

APPLICABLE

ELECTIONLAWS/RULES

POSSIBLE

CASE/S TO

BE FILED

PENALTIES

January

10, 2016

(Sunday)

to June 08,

2016

(Wednesd

ay)

ELECTIONPERIOD

Transfer or

movement

of officers

and

employees

in the civil

service.

Bearing,carrying or

transportingfirearms or

other

deadlyweapons,unless

authorizedin writing bythe

Commission.

Sec. 261

(h),

Omnibus

Election

Code

(OEC);

COMELEC

Resolution

No. 10030

Article XXII,OEC; Sec.

32, RepublicAct (RA) No.

7166 (An Act

Providing ForSynchronized National

And LocalElectionsAnd For

ElectoralReforms);

COMELECResolution

No. 10015

Violation

of OEC

(Election

offense)

Violation

of

election

law

(gunban

) and/or

RA No.

10591

Imprisonment of

1 to 6 years and

shall not be

subject to

probation

disqualification

to hold public

office and

deprivation of

the right of

suffrage

If foreigner,

deportationafter

imprisonment is

served. (Sec.

264, OEC)

Imprisonment

of1 to 6 years

and shall not be

subject to

probation

disqualification

to hold public

office anddeprivation of

the right of

suffrage

DATE/

PERIOD


ACTS

APPLICABLE

ELECTIONLAWS/RULES

POSSIBLE

CASE/STO BE

FILED

PENALTIES

Use of

security

personnel or

bodyguardsby

candidates,

unless

authorized

in writing by

the

Commission.

Organization

or

maintenance

of reactionforces, strike

forces or

other similar

forces.

Suspension

of elective

local

officials

Section

33, RA No.

7166;

ResolutionNo. 10015

Section

261 (u),

OEC

Sec. 261

(x), OEC

Violatio

n of

election

law

Violation

of

election

law

Violation

of

election

law

If foreigner,

deportation

after

imprisonment is served

Cancellation

of and/or

perpetual

disqualificati

on to secure

license/per

mit

Same penalties

under Section

264, OEC

Same penalties

under Section

264, OEC

COMELEC Resolution No. 9981 dated August 15, 2015

30 31


17/20

DATE/

PERIOD


ACTS

APPLICABLE

ELECTIONLAWS/

RULES

POSSIBLE

CASE/S TOBE FILED

PENALTIES

February

09, 2016

(Tuesday)

to May 09,

2016

(Monday)

Giving

donations

or gift in

cash or in

kind, etc.

Section

104, OEC

Violation

of

election

law

(election

offense);

and/or

Violation

of Sec. 3,RA No.

3019

(Anti-

Graft and

Corrupt

Practices

), if

applicable

Same penalties

under Section 264,

OEC

Imprisonment

for 1 to 10

years;

perpetual

disqualification

from public

office

confiscation or

forfeiture in

favor of the

Government ofany prohibited

interest and

unexplained

wealth

manifestly out

of proportion

to his salary

and other

lawful income

Dismissal from

public office

DATE/

PERIOD


ACTS

APPLICABLE

ELECTIONLAWS/RULES

POSSIBLE

CASE/S TOBE FILED

PENALTIES

Appointme

nt or use of

special

policemen,

confidential

agents and

the like.

Section

261 (m),

OEC

and/or

Violations

of Articles

210, 211

and 212,

Revised

Penal

Code

(RPC), if

applicable

Violation

of

election

law

Prision mayor

(Articles 210 and212);

Prisioncorreccional(Articles 211 and

212)

Same penalties

under Section

264, OEC

March 10,

2016

(Thursday)

to June

08, 2016

(Wednes

day)

Illegal

release of

prisoners.

Section

261 (n),

OEC

Violation

of

election

law

And/or

violation ofArt. 223,RPC

(infidelity in

the custody

ofprisoners), ifapplicable

Same penalties

under Section

264, OEC

Prision

correccional

32 33


18/20

DATE/PERIOD ACTIVITIES PROHIBITED

ACTS

APPLICABLE

ELECTIONLAWS/RULES

POSSIBLE

CASE/S TOBE FILED

PENALTIES

March 24,

2016 (Holy

Thursday)

and

March 25,2016

(Friday)

Campai

gning.

Section 5,

RA No.

7166 in

relation to

OEC

Violation

of

election

law

(electionoffense)

Same

penalties

under Section

264, OEC

March 25,

2016

(Friday) to

May 08,

2016

(Sunday)

Appoint

ment or

hiring of

new

employe

es,

creation

or filling

up of

newpositions;

promotio

n or

giving of

salary

increases

,

remuner

ation or

privilege.

Section

261 (g),

OEC;

COMELEC

Resolution

No. 10030

Violation

of

election

law

Same

penalties

under Section

264, OEC

DATE/PERIOD ACTIVITIES PROHIBITED ACTS APPLICABLE

ELECTIONLAWS/RULES

POSSIBLE

CASE/S TOBE FILED

PENALTIES

Construction

of public

works,

delivery of

materials forpublic works

and issuance

of treasury

warrant or

similar

devises for a

future

undertaking

chargeable

against

public funds.

Section

261 (w),

OEC

Violation

of

election

law

Same

penalties

under

Section

264, OEC

March 25,2016

(Friday) to

May 08,

2016

(Sunday)

Release,disbursement

or

expenditures

of public

funds.

Section261 (v),

OEC

Violationof

election

law

Samepenalties

under

Section

264, OEC

34 35


19/20

DATE/

PERIOD

ACTIVITIES PROHIBITED ACTS APPLICABLE

ELECTIONLAWS/RULES

POSSIBLE

CASE/S TOBE FILED

PENALTIES

May 08,

2016

(Sunday)

EVE OF

ELECTION

DAY

Campaigning

Selling,

furnishing,

offering,

buying,

serving, or

taking

intoxicating

liquor.

Sec. 5,

RA No.

7166

Section

261 (dd),

OEC

Violation

of

election

law

Violation

of

election

law

Same

penalties

under

Section

264, OEC

Same

penalties

under

Section

264, OEC

Giving,

accepting,free

transportation,

food or drinks

or things of

value.

Section

89, OEC

Violation

ofelection

law;

and/or

Violation

of Sec. 3,

RA No.

3019, if

applicable

and/orViolations

of Articles

210, 211

and 212,

RPC, if

applicable

Same

penaltiesunder

Section

264, OEC

Applicable

penalties

under the

law

Applicablepenalties

under the

law

DATE/

PERIOD


ACTS

APPLICABLE

ELECTIONLAWS/RULES

POSSIBLE

CASE/S TO BE

FILED

PENALTIES

May 09,

2016(Monda

y)

ELECTION

DAY

Casting

of votes

and,

thereafte

r

counting

and

consolida

tion of

votes

Campaig

ning

Opening of

booths or

stalls for the

sale, etc.,

of

merchandis

e or

refreshment

s within aradius of

thirty (30)

meters from

the pollingplace.

Sec. 5,

RA No.7166

Section

261 (dd)

(2), OEC

Violation of

election law

Violation of

election law

Same

penaltiesunder

Section

264, OEC

Same

penalties

under

Section

264, OEC

Holding offairs,

cockfights,

boxing, horseraces or anyother similar

sports.

Section 261(dd) (3),

OEC

Violation ofelection law

And/or Violation

of PD 1602

(PrescribingStiffer Penalties

on IllegalGambling), asamended by RANo. 9287

Samepenalties

under Section

264, OEC

Applicable

penalty under

the law

36 37


20/20

REGIONAL LEGAL OFFICE RLO1Chief: PSUPT JOHNNY C EKIDCel # 09216609304

e-mail: [email protected]

RLO9Chief: OBIL S DAHAP JRCel #09173283887


RLO2

Chief: PSUPT KIM W CABAL

Cel #09088740023e-mail: [email protected]

RLO10

Chief: PCINSP ENRIQUE D SAN MIGUEL JR


RLO3

Chief: PSUPT EUGENE A BAGAMASPAD


RLO11

Chief: PSUPT RALESTON F FALCUTILA


RLO4A

Chief: PSUPT RAMY G TAGNONGCel #09189906871


RLO12

Chief: PCINSP ADRIEL B GRANCel #09085980503


RLO4B

Chief: PSUPT WINLOVE L RAMOSCel #09053123888


RLO13

Chief: PCINSP NATHANIEL C TALIPCel #09159291179


RLO5

Chief: PCINSP ENRIQUE J RENORIACel #09194490931


RLOARMM

Chief: PSINSP EDGARD B CUANAN JRCel #09175081427


RLO6Chief: PSUPT TROY WARREN A CAYANAN

Cel #09998408474


RLOCORChief: PSUPT RONALD T LAOYAN

Cel #09985755834


RLO7

Chief: PSUPT EHDEL G PEREIRACel #09193370759e-mail: [email protected]

RLONCR

Chief: PSUPT RAYMOND A DE GUZMANCel #09178651313e-mail: [email protected]

RLO8Chief: PSUPT MARIO G ABRENZOSACel #09985487765


RLONIRChief: PSUPT STEPHEN G BUDONGCel #09178142730

e-mail:

DISTICT LEGAL OFFICE NPD

Chief: PSUPT RAMY G TAGNONG

Cel #09189906871


SPD

Chief: PSUPT RICO B BETIC

Cel # 09193783214


MPDChief: PSUPT THOMAS M VALMONTE

Cel # 09152047157

e-mail: thomas.valmonte

@pnplegal.net

EPDChief: PSUPT ALMEL S MANGANDOG

Cel # 09175308645

e-mail: [email protected] QCPDChief: PSUPT JAY T BORROMEOCel # 09179371914


Technical Working Group for the Legal Advisory on Election Laws and

COMELEC Issuances:

PSUPT SOVER DC GONTING – Chairman

PCINSP LYNETTE M TADEO – Vice Chairman

Members:

PSUPT EDWIN G ENGAYPSUPT JINKY A ACACIO

PCINSP DONNA N VILLAREAL

PCINSP JUDITH ERNA L QUERIJERO

PSINSP CATHERINE E TAMAYO

PSINSP JOSEPH L BACCAY

PSINSP CAMILO N DANAO JR

Secretariat:

PSINSP ANNA LUISA A CENTINO

NUP Errol L Puod

PNP P.AT.R.O.L. Plan 2030 “Peaceand order Agendafor Transformation

and upholding of the Rule Of Law”

38 39
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]

Legal Advisory

Documents

Transcript of Legal Advisory