Thursday, September 26, 2013

COMELEC Resolution No. 9783

RESOLUTION No. 9783

Supplemental Guidelines for the Implementation of Resolution No. 9739, "In the Matter of Collecting the Shares of Barangays to Augment the Funds to be Used for the Conduct of the 2013 Barangay & Sangguniang Kabataan Elections"
(Promulgated:  September 26, 2013)

WHEREAS, to help defray all the necessary and reasonable expenses to successfully hold and manage the 2013 Barangay & Sangguniang Kabataan Elections and to ensure that the said elections are honest, orderly, peaceful, and credible, the Commission enacted Resolution No. 9739;

WHEREAS, Resolution No. 9739 sought to implement Section 50 of the Omnibus Election Code, Section 8 of Republic Act No. 9164 as amended by Section 4 of Republic Act No. 9340, and Section 532(c) in relation to Section 329 of the Local Government Code;

WHEREAS, reports from the various field officers of the Commission indicate the unwillingness and desistance of local government units in complying with Resolution No. 9739 for various reasons;

WHEREAS, the insufficiency of the funding set aside by the National Government for the conduct of the 2013 Barangay & Sangguniang Kabataan Elections makes it imperative that such amounts set aside by mandate of the foregoing laws be collected from the local government units; and

WHEREAS, Section 51 of the Omnibus Election Code commands that violation of Section 50 constitutes a prohibited act which shall be prosecuted and penalized in accordance with the provisions of the Omnibus Election Code.

NOW, THEREFORE, the Commission En Banc, by virtue of the powers vested in it by the Constitution, the Omnibus Election Code, Republic Acts Nos. 9164, the Local Government Code, and all other pertinent statutes, rules, and regulations, hereby RESOLVES to ISSUE the following guidelines for the implementation of Resolution No. 9739:
(1) A memorandum of agreement with the Department of the Interior and Local Government is not a mandatory requirement, and neither is it necessary, to implement and enforce Resolution No. 9739.
(2) Local government units must submit their contributions as required by Resolution No. 9739 not later than 18 October 2013.
(3) The Commission, through its field officials, shall endeavor to collect the amounts required by Resolution No. 9739 without regard to whether the Sangguniang Kabataan Elections will be postponed or not, since the directive under Section 50 of the Omnibus Election Code is not limited by the postponement of the Sangguniang Kabataan Elections, and in addition, Section 8 of Republic Act No. 9164 as amended by Section 4 of Republic Act No. 9340 is clear that the Commission's appropriations may be augmented by an amount not exceeding ten per centum (10%) of the Sangguniang Kabataan funds reserved pursuant to Section 532(c) of Republic Act No. 7160.

(4) Local government officials in-charge of the funds or accountable for such funds as set aside by the law who continue to desist, be unwilling, or disinclined to comply with Resolution No. 9739, or those who, without sufficient or justifiable reason, neglect or refuse to comply with Resolution No. 9739 after due demand or request, shall be charged with an election offense pursuant to Section 51 of the Omnibus Election Code, in addition to proper administrative action and other crimes for which the local government official or person concerned may be liable for.
Let the Project Director of the Project Management Office for the 2013 Barangay & Sangguniang Kabataan Elections, the Finance Services Department, and the respective Regional Election Directors of the Commission implement this Resolution.

The Education and Information Department of the Commission is hereby directed to cause the publication of this Resolution in two (2) daily newspapers of general circulation.

SO ORDERED.

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