Brillantes Jr. vows to eradicate election fraud as new COMELEC chairman

Sixto Brillantes Jr takes oath

Newly sworn in Commission on Elections chair Sixto Brillantes Jr. on Sunday said he aims to “perfect" automated elections during his term to totally eradicate election fraud in the country.

The veteran election lawyer took his oath of office at 4:19 p.m. Sunday before Associate Justice Antonio Eduardo Nachura at the Supreme Court.

“During the first national automated elections, the Comelec resolved a number of election problems.  We just need to perfect the automated election system to see that election fraud is absolutely obliterated," Brillantes said in an interview Sunday.

At a press briefing after his oath-taking, Brillantes said he will implement "structural and organizational" changes within the Comelec.  He said the Comelec needs to improve its internal functions.

"Ang bagal gumawa ng desisyon ng Comelec," Brillantes said, citing some setbacks in terms of accrediting political parties during last year's automated elections.

He is confident he can wipe out electoral fraud and corruption as he is "familiar with various poll problems" plaguing the country, he said in the interview.

He will report to the Comelec office in Intramuros, Manila, on Monday to meet with the poll body's commissioners and employees.  "I will go around the office [Monday] to talk with them individually."

Justice Secretary Leila de Lima said that Brillantes opted to take his oath as the new Comelec chief before Nachura because "they worked in the same law office, went to the same school, and are good friends."

Both of them were with the Brillantes Nachura Navarro Jumamil Arcilla Escolin Martinez Law Offices.

“ Alam ko ang mga problema at ang mga tao sa Comelec.  Change of status lang ito," Brillantes said, referring to his experience as an election lawyer, which he intends to bring into his post.

With Brillantes at the helm, the poll body can reach "full and permanent modernization" and be transformed into a more competent institution, De Lima, for her part, said in a text message to reporters.

"He is already well versed with its problems and has established personal and professional linkages with its senior staff.  He has moral ascendancy over them," De Lima said.

He will give Comelec a "fresh infusion of energy and perspective," added De Lima, herself an election lawyer.

Brillantes' expertise in election law will make Comelec running without any need for introductions or warm ups.  "He had been warming up for this post since he started his election law practice," De Lima said.

Automated polls, ‘new problems’

On Sunday, militant group Bagong Alyansang Makabayan (Bayan) said that as the new Comelec chair, Brillantes should look into the ghosts of election fraud over the past decade.

“For the longest time, Comelec has been perceived as one of the most corrupt government agencies because of the conduct of its officials.  Now is a good time to begin the process of cleaning up Comelec," Bayan secretary general Renato Reyes Jr. said in a statement.

According to Reyes, the new Comelec chairman should look into the involvement of the poll body's officials in the rigging of the 2004 elections, as well as various irregularities and anomalies in the approval of contracts for election paraphernalia.

The problems that beleaguered last year's automated polls and the questionable groups and nominees that participated in the party-list elections should also be looked into, he added.

Reyes pointed out that the automated polls have not stamped out election problems.  "New problems arose even as many old problems persisted," he said.

"Attorney Brillantes is known for his expertise on election laws.  Malaking bagay para sa Comelec ang knowledge niya.  We will guide him how to work in the government," Comelec Commissioner Rene Sarmiento, the most senior official in the poll body, said in a separate interview.

To assume post Monday

On Saturday night, Brillantes disclosed that he was named as Comelec's new chief. Brillantes expects to formally assume his new post Monday replacing Jose Melo, who resigned from his post effective Saturday.

Radio dzBB reported that his apparent closest rival to the post had even backed out of the race; Romulo Macalintal, had asked to remove his name from the list of prospects.

Macalintal wrote President Benigno Aquino III a letter, saying he decided not to seek the top Comelec post because of his family, dzBB said.

But Macalintal stressed he is still ready to help in election-related matters.

Last week, Macalintal and Brillantes both expressed readiness to take the post, even as they downplayed speculations they are pawns of two factions in Malacañang.

Macalintal was perceived to have the backing of the "Balay" group of former Sen. Manuel Roxas II while Brillantes was said to be backed by the rival "Samar" group.

Still, presidential deputy spokesperson Abigail Valte pointed out in a separate interview on dzBB that Malacañang has not made any formal announcement on the new Comelec chair's appointment.

A Philippine Daily Inquirer report quoted Brillantes as saying that President Benigno Aquino III signed his appointment papers Saturday night.– With Sophia Dedace/MRT/VS/KBK, GMANews.TV

Poll employees appeal to Chairman Melo and Commissioners

Press Statement
December 28, 2010

APPEAL TO CHAIRMAN JOSE MELO AND COMMISSIONERS THIS CHRISTMAS SEASON 2010

While we join the entire nation in celebrating the success of the first automated national elections in Philippine history this year; we, the rank and file employees of the Commission on Elections (COMELEC) under the Alliance of COMELEC Employees in Service (ACES), can not help but express our deep concern over the COMELEC’s state of finances for this year, 2010.

Recent statements from COMELEC higher-ups reveal a seemingly healthy financial situation. COMELEC Law Department Director and Bids and Awards Committee Chairman Ferdinand Rafanan has declared recently that the COMELEC was able to save a whopping P943 Million from the recent bidding processes. He even boasted that the COMELEC has enough savings to provide a monthly bonus of P20, 000 to each COMELEC employee nationwide for a period of nine (9) months! [See attached Rafanan’s statement]

Rafanan’s pronouncement was further reinforced when the majority of COMELEC Commissioners agreed (by affixing their signatures to the Petition circulated by the ACES addressed to the COMELEC en banc on December 20, 2010) to provide a CHRISTMAS INCENTIVE to COMELEC employees who labored hard to ensure the success of the May 10, 2010 Automated Elections and the October 25, 2010 Barangay and SK elections.

But despite the millions, if not billions of savings accumulated; COMELEC employees NEVER received any Christmas Incentive from the COMELEC for two (2) consecutive years already! For this year, we were only provided with Anniversary Bonus (equivalent to one month salary but not less than P10,000) and Rice Subsidy (P2,000). [Note that these incentives are traditionally given to us employees and that only the Directors and Commissioners benefit from them because of their high salaries!] The COMELEC only added another P3,000 to the P7,000 Bonus allocated by the Department of Budget Management (DBM) to government workers last December 15, 2010.

The absence of Christmas Incentive for two (2) consecutive years and other surprising developments, such as Chairman Jose Melo’s early retirement (effective January 31, 2011) and Finance Department Director Eduardo Mejos’ reported resignation (effective December 31, 2010); leads us, all employees, to WORRY AS TO THE FINANCIAL STATUS OF THE COMELEC.

We must take into account that the COMELEC was allotted P11.3 billion supplementary budget for the May 10 Automated National and Local Elections and another P3.2 billion for the October 25 Barangay and SK elections.

Also, we must bear in mind that government employees who contributed either in productivity or cost savings of the agency are entitled to financial incentives, in whatever form. According to Public Sector Labor Management Council (PSLMC) Resolutions, 80% of savings generated by the agency from the adoption and implementation of cost-cutting measures can be the source of these incentives.

Lastly, we APPEAL TO CHAIRMAN MElO AND COMMISSIONERS THAT The benefits and privileges TRADITIONALLY GIVEN TO COMELEC employees FOR CHRISTMAS FROM CONSTITUTIONAL FISCAL AUTONOMY GROUP (CFAG) SAVINGS BE GIVEN AS SOON AS POSSIBLE.

COMELEC seeks public support identify flying voters

The Commission on Elections (COMELEC) has called on the public to help them identify flying voters who applied for registration during the recently concluded voters’ registration period in connection with the October 25, 2010 Barangay elections.
In a statement, COMELEC spokesman James Jimenez announced that COMELEC Offices nationwide is set to post on Monday, August 16, 2010, a list of voters who applied for registration.

“We are calling on the public to help us identify flying voters by looking at the list of registrants that will be posted outside the Office of the Election Officer in your area on Monday. If you see people who are not residents in your Barangay, report it to your Election Officer so that they may be excluded from the voters list, if necessary,” said Jimenez.

Republic Act 8189 or the Voters Registration Act of 1996 states that any voter, candidate, or representative of a registered political party may challenge, in writing and under oath, any application for registration.

Opposition to contest a registrant’s application, said Jimenez, will be heard by the Election Registration Boards (ERB) for approval or disapproval.

According to COMELEC Resolution 9007, the last day to file opposition to the applications for registration/transfer of registration records is on August 18, 2010. Election Registration Boards (ERBs) will be hearing all applications on August 20, 2010.

COMELEC Disqualifies Svetlana Jalosjos as Baliangao Mis Occ Mayor

The Commission on Elections (Comelec) on Friday disqualified the daughter of former Congressman Romeo Jalosjos who won, by only SIX VOTES, as mayor of Baliangao town in Misamis Occidental during the May elections.

In a five-page decision, the Comelec's Second Division said Svetlana Jalosjos failed to prove that she stayed long enough in Baliangao as a resident to be qualified to run for mayor.

Section 39 of the Local Government Code of the Philippines states that a candidate running for an elective post must be a resident of the municipality or province where he or she is running, for at least a year.

Svetlana won over Agne Yap by only six votes in the last elections.

In the said ruling, signed by Comelec Commissioners Nicodemo Ferrer, Lucenito Tagle and Elias Yusoph, it opined that the young Jalosjos failed to establish her residency, which would allow her to run and sit as mayor of the said town.

Svetlana, won as mayor of Baliangao town against Agne Yap Sr. by only six votes.  Svetlana, being an artist is now running the family’s entertainment venture Fantasyland in Dapitan.

The Comelec argued that Svetlana “failed to prove her bodily presence in Baliangao and her intention to remain therein and her intention not to return to her domicile of origin, Dapitan City.”

“As it is, respondent even admitted that she is the one attending to their family businesses in Dapitan City. Her claim that she purchased two parcels of land in Baliangao is not backed up by any title. More importantly, the local officials of Baliangao in their joint affidavit declared that they have not seen respondent in their locality,” the document states.

The election court also pointed out that the purpose of the residency requirement is to prevent a newcomer, who is unfamiliar with the conditions and needs of the community a candidate wants to serve.

According to the resolution, the residency requirement is aimed at excluding outsiders from taking advantage of favorable circumstances existing in the community for electoral gain.

The COMELEC cited the requirements of domicile, which includes residence or bodily presence in the new locality, an intention to remain there and intention to abandon the old domicile. In the case of Svetlana Jalosjos, these requirements were absent citing that her original domicile is Dapitan City.

The case reached the Comelec after petitioners Edwin Elim Tumpag and Rodolfo Estrellada lodged their petition to question Svetlana’s qualifications.

COMELEC Execs to be Axed for Botched Ballot Secrecy Folder Deal

MANILA, Philippines – A number of Commission on Elections (Comelec) officials are facing administrative sanctions for their alleged involvement in the botched P689.7-million ballot secrecy folder deal.

Comelec Commissioner Rene Sarmiento said that upon the recommendation of the legal department, the commission is ready to impose sanctions on those found guilty of involvement in the irregularity.

“The report will be submitted to us then we will decide based on the recommendation if we should penalize administratively those found guilty,” Sarmiento said.

He added that the Comelec is expecting the legal department headed by lawyer Ferdinand Rafanan to submit the report today.

The commissioner also hinted that the poll body is ready to reprimand the three-man investigation team headed by Rafanan if it fails anew to submit its findings today.

“I think we will decide accordingly because people are asking about the status of this investigation. We will ask the committee to fast-track the investigation because so many extensions have been given to them,” Sarmiento said.

Rafanan’s team was supposed to submit the report last week, but Sarmiento said the panel once again requested for an extension until today to complete their report on the controversy.

Earlier, the commission tasked the panel to probe the cancelled procurement of more than 1.8 million ballot secrecy folders worth P380 each from OTC Paper Supply.

The poll body intended to use the special folders in the last May polls, but eventually decided to use ordinary folders.

Poll body officials previously reported that some of their people are being investigated and the investigation panel is looking into their relationship with OTC. - By Mayen Jaymalin (Philstar News Service)

Resolution No. 8739 - General Instructions for the Board of Election Inspectors (BEIs)

Republic of the Philippines

COMMISSION ON ELECTIONS

Manila

RESOLUTION No. 8739

GENERAL INSTRUCTIONS FOR THE BOARD OF ELECTION INSPECTORS (BEI) ON THE VOTING, COUNTING, AND TRANSMISSION OF RESULTS IN CONNECTION WITH THE 10 MAY 2010 NATIONAL AND LOCAL ELECTIONS

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     WHEREAS, Republic Act No. 9369 authorized the Commission on Elections to use an automated election system as it may deem appropriate and practical for the process of voting, counting and transmission of results;

   WHEREAS, in pursuit of this mandate, the Commission on Elections resolved, in connection with the May 10, 2010, National and Local elections, to adopt a paper-based automated election system by using Precinct Count Optical Scan (PCOS) Machines, which shall be deployed in all polling places nationwide;

    NOW THEREFORE, pursuant to the powers vested in it by the Constitution, the Omnibus Election Code, Republic Act No. 9369, and other election laws, the Commission HEREBY RESOLVES to promulgate, the following General Instructions for the Board of Election Inspectors (BEI) on the Voting, Counting, and Transmission of Results:

ARTICLE I

BOARD OF ELECTION INSPECTORS

    SEC. 1.  Board of Election Inspectors (BEI); constitution and appointment. --  The Commission on Elections, through its Election Officer, shall constitute not later than January 8, 2010, the BEI for each precinct/clustered precinct from the list of all public school teachers submitted by the Department of Education’s (DepEd) highest official within the city/municipality/school district.

          The BEI shall be composed of a Chairman and two (2) members, one of whom shall be designated as poll clerk, and all of whom shall be public school teachers, giving preference to those with permanent appointment and those who served in the immediately preceding National and Local Elections.

      In all cases, the Election Officer shall ensure that at least one (1) member of the BEI shall be an information technology-capable person as certified by the Department of Science and Technology (DOST) after the training of the same.

       In case there are not enough public school teachers, teachers in private schools, employees in the civil service, or citizens of known probity and competence who are registered voters of the city or municipality may be appointed as members of the BEI; provided, that the chairman shall be a public school teacher.

     SEC. 2.  Qualifications of members of the BEI. – No person shall be appointed as chairman or member of the BEI, whether regular, substitute or temporary, unless he:

a)     Is of good moral character and irreproachable reputation;

b)    Is a registered voter of the city or municipality;

c)    Has never been convicted of any election offense or of any other crime punishable by more than six (6) months of imprisonment;

d)    Has no pending case against him filed in COMELEC/court for any election offense; and

e)    Is able to speak, read and write English or the local dialect.

SEC. 3.  Disqualification. – No person shall serve as chairman or member of the BEI if he or his spouse is related within the fourth civil degree of consanguinity or affinity to any member of the same BEI or to any candidate to be voted for or to the latter’s spouse.  Violation of this provision shall constitute an election offense as provided in Section 261 (bb), sub-par (3) of the Omnibus Election Code.

SEC. 4.  Notice of disqualification. – Any chairman or member of the BEI who is disqualified for any reason shall immediately notify the Election Officer of such fact in writing, who shall in turn, appoint a substitute.

SEC. 5.  Temporary vacancies in the BEI. – If, at the time of the meeting of the BEI, any member is absent or a vacancy exists, the members present shall call upon a substitute from the list of public school teachers submitted by the DepEd to perform the duties of the absent member.  If none is available, the members present shall appoint any qualified non-partisan registered voter of the precinct to temporarily fill said vacancy until the absent member appears.  In case there are two members present, they shall act jointly.

SEC. 6.  Arrest of absent members. – The member or members of the BEI present may order the arrest of any member who, in his or their judgment, has absented himself with the intention of obstructing the performance of the duties of the BEI.

SEC. 7.  Appointment and oath of members of the BEI. – The Election Officer shall accomplish the form for the Appointment of the Chairman and Members of the BEI (A30) in three (3) copies, and require the chairman and members of the BEI to affix their signatures and imprints of their right thumbs on the Oath of Office (A30/A31) before him before assumption of office.

Copies of the Appointment and Oath (A30/A31) shall be distributed, as follows:

a)     The first and second copies shall be retained by the Election Officer.  One copy shall be for his file and the other shall be attached to the payroll for payment of honorarium of the BEI; and

b)    The third copy, shall be issued to the chairman/members of the BEI.

SEC. 8.  Minutes of voting and counting of votes (Minutes). – The BEI shall enter in the Minutes (A11), the act or data therein required as they occur or become available during voting, counting, and transmission of votes.  Copies thereof shall be sealed in separate envelopes, to be distributed as follows:

a) First copy, to the Election Officer, who shall transmit it to the Election Records and Statistics Department (ERSD) in Manila; and

b) Second copy, to be deposited inside the compartment of the ballot box for valid ballots.

SEC. 9.  Support Staff. – There shall be, in addition to the regular members of the BEI, depending on the number of precincts clustered, a maximum of three (3) support staff, who are registered voters in the precinct/clustered precinct where they are assigned.  They shall be appointed/designated by the Election Officer, subject to the qualifications and conditions provided under Sections 2, 3 and 7 hereof, in such manner as indicated below:

NO. PRECINCTS IN A CLUSTER	NO. OF SUPPORT STAFF
1 to 2	0
3	1
4	2
5, 6 and 7	3

They can neither participate in any deliberation of the BEI nor vote on any issue or question that may arise during the proceedings.

In case of absence of all or any of the support staff on the day of the election, the BEI, by majority vote, may designate any registered voter in the precinct/clustered precinct as substitute, subject to the provisions of Sections 2, 3 & 7 hereof.  Such fact shall be recorded in the Minutes.

SEC. 10.  Powers and functions of the BEI. – The BEI shall have the following powers and functions:

a) Conduct the voting in the polling place and administer the electronic counting of votes;

b) Print the election returns and transmit electronically the election results, through the use of the PCOS machine, to the:

a.    City/Municipal Board of Canvassers;

b.    Dominant majority party, dominant minority party, accredited citizens’ arm and, KBP; and

c.    to the central server.

c)  Act as deputies of the Commission in the conduct of the elections;

d)  Maintain order within the polling place and its premises; keep access thereto open and unobstructed; enforce obedience to its lawful orders and prohibit the use of cellular phones and camera by the voters.  If any person refuses to obey the lawful orders of the BEI or conducts himself in a disorderly manner in its presence or within its hearing and thereby interrupts or disturbs its proceedings, the BEI may issue an order in writing directing any peace officer to take said person into custody until the adjournment of the meeting, but such order shall not be executed as to prevent said person from voting.  A copy of such written order (Annex “A”) shall be attached to the Minutes; and

e) Perform such other functions prescribed by law or by the rules and regulations promulgated by the Commission.

SEC. 11.  Proceedings of the BEI. – The meeting of the BEI shall be public and shall be held in the polling place designated by the Commission.

The BEI shall act through its chairman and shall decide by majority vote, without delay, all questions, which may arise in the performance of its duties.

SEC. 12.  Voting Privilege of the Members of BEI and Support Staff. – Members of the BEI, their substitutes and support staff, if any, who are registered voters in a precinct/clustered precincts other than where they are assigned, may avail of the Local Absentee Voting, or on the day of the elections, vote in the precincts where they are registered, provided that they do so when the voting in their respective places of assignments is light, and their absence shall not be for more than twenty (20) minutes.  For this purpose, they shall schedule their voting so that only one member of the BEI shall leave at any one time.

SEC. 13.  Prohibition against political activity. – No member of the BEI or its support staff shall engage in any partisan political activity or take part in the election except to discharge his duties as such and to vote.

SEC. 14.  Honoraria of the BEI. – The chairman and members of the BEI shall each receive an honorarium of one thousand pesos (P1,000.00) per day, but not to exceed three thousand pesos (P3,000.00).  In addition, they shall be entitled to service credits for each day of service (Day before the elections, election day, and day after Elections).  Support Staff shall receive five hundred pesos (P500.00) per day, but not to exceed one thousand five hundred pesos (P1,500.00).

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Who May Bear Arms During the Election Period?

Republic of the Philippines
COMMISSION ON ELECTIONS
Manila

RESOLUTION No. 8714

RULES AND REGULATIONS ON THE: (1) BEARING, CARRYING OR TRANSPORTING OF FIREARMS OR OTHER DEADLY WEAPONS, AVAILMENT OR ENGAGEMENT OF THE SERVICES OF SECURITY PERSONNEL OR BODYGUARDS, DURING THE ELECTION PERIOD FOR THE MAY 10, 2010 NATIONAL AND LOCAL ELECTIONS

   
WHEREAS, Section 32 of Republic Act No. 7166 provides:

    “SEC. 32.  Who May Bear Firearms. – During the election period, no person shall bear, carry or transport firearms or other deadly weapons in public places, including any building, street, park, private vehicle or public conveyance, even if licensed to possess or carry the same, unless authorized in writing by the Commission.  The issuance of firearms licenses shall be suspended during the election period.

    “Only regular members of the Philippine National Police, the Armed Forces of the Philippines and other law enforcement agencies of the Government who are duly deputized in writing by the Commission for election duty may be authorized to carry and possess firearms during the election period; Provided, That, when in the possession of firearms, the deputized law enforcement officer must be: (a) in full uniform showing clearly and legibly his name, rank and serial number, which shall remain visible at all times, and (b) in the actual performance of his election duty in the specific area designated by the Commission.”

WHEREAS, Section 33 of the same Act provides:

    SEC. 33.  Security Personnel and Bodyguards. – During the election period, no candidate for public office, including incumbent public officers seeking election to any public office, shall employ, avail himself of or engage the services of security personnel or bodyguards, whether or not such bodyguards are regular members or officers of the Philippine National Police, Armed Forces of the Philippines or other law agency of the Government: Provided, That when circumstances warrant, including but not limited to threats to life and security of a candidate, he may be assigned by the Commission, upon due application, regular members of the Philippine National Police, the Armed Forces of the Philippines or other law enforcement agency who shall provide him security for the duration of the election period.  The officers assigned for security duty to a candidate shall be subject to the same requirement as to wearing of uniforms prescribed in the immediately preceding section unless exempted in writing by the Commission.

    “If at any time during the election period, the ground for which the authority to engage the services of security personnel has been granted shall cease to exist or for any other valid cause, the Commission shall revoke the said authority.”

WHEREAS, it is the policy of the Commission to strictly enforce Sections 32 and 33 of Republic Act No. 7166;

NOW, THEREFORE, pursuant to the powers vested in it by the Constitution of the Republic of the Philippines, the Omnibus Election Code (B.P. Blg. 881), Republic Acts No. 6646, 7166, 8189, 8436, 9189, 9369 and other election laws, the Commission RESOLVED, as it hereby RESOLVES, to promulgate the following rules and regulations to implement Sections 32 and 33 of Republic Act No. 7166 in connection with the conduct of the May 10, 2010 national and local elections:

SECTION 1.  General Guiding Principles –- During the election period: (a) no person shall bear, carry or transport firearms or other deadly weapons in public places including all public buildings, streets, parks, and private vehicles or public conveyances, even if licensed to possess or carry the same; and (b) no candidate for public office, including incumbent public officers seeking election to any public office, shall employ, avail himself of or engage the services of security personnel or bodyguards, whether or not such bodyguards are regular members or officers of the Philippine National Police (PNP), the Armed Forces of the Philippines (AFP) or other law enforcement agency of the Government.

    The transport of firearms of those who are engaged in the manufacture, importation, exportation, purchase, sale of firearms, explosives and their spare parts or those involving the transportation of firearms, explosives and their spare parts, may, with prior notice to the Commission, be authorized by the Director General of the PNP provided that the firearms, explosives and their spare parts are immediately transported to the Firearms and Explosives Division, CSG, PNP.

SEC. 2.  Definition of Terms. –- As used in this Resolution:

(a)     Election Period refers to the election period prescribed in COMELEC Resolution No. 8646 dated 14 July 2009 which is from 10 January 2010 to 09 June 2010;

(b)    Firearm shall refer to the “firearm” as defined in existing laws, rules and regulations.  The term also includes airgun, airsoft guns, and their replica/imitation in whatever form that can cause an ordinary person to believe that they are real;

(c)    Dead weapon includes bladed instrument, hand grenades or other explosives, except pyrotechnics.

A bladed instrument is not covered by the prohibition when possession of the bladed instrument is necessary to the occupation of the possessor or when it is used as a tool for legitimate activity.

SEC. 3.  Suspension of Issuance of Firearms Licenses. –- The PNP is hereby directed to suspend the issuance of firearms licenses during the election period.

The processing and approval of new firearms license, including renewal of license, may continue on condition that the new license and firearm shall be kept in deposit with the Firearms and Explosives Division of the PNP until after the election period.

Firearms licenses issued in violation of this Section are null and void, without prejudice to the filing of the appropriate administrative and/or criminal charges against the holder or those responsible for the issuance of the license.

SEC. 4.  Who May Bear Firearms. –- Only the following persons who are in the regular plantilla of the PNP or AFP or other law enforcement agencies are authorized to bear, carry or transport firearms or other deadly weapons during the election period:

(a)     Regular member or officer of the PNP, the AFP and other law enforcement agencies of the Government, provided that when in the possession of firearm, he is:

(1) in the regular plantilla of the said agencies and is receiving regular compensation for the services rendered in said agencies; and

(2) in the agency-prescribed uniform showing clearly and legibly his name, rank and serial number or, in case rank and serial number are inapplicable, his agency-issued identification card showing clearly his name and position, which identification card shall remain visible at all times;

(3) duly licensed to possess firearm and to carry the same outside of residence by means of a valid mission order or letter order; and

(4) in the actual performance of official law enforcement duty, or in going to or returning from his residence/barracks or official station.

Other law enforcement agencies of the government shall enter to:

1. Guards of the National Bureau of Prisons, Provincial, and City Jails;
2. Members of the Bureau of Jail Management and Penology;
3. Members of the Custom Enforcement and Security and Customs Intelligence and Investigation Service of the Bureau of Customs;
4. Port Police Department, Philippine Port Authority;
5. Philippine Economic Zone Authority Police Force;
6. Government guard forces;
7. Law Enforcement Agents and Investigation Agents of the Bureau of Immigration;
8. Members of the Manila International Airport Authority (MIAA) Police Force;
9. Members of the Mactan-Cebu International Airport Authority (MCIAA) Police Force;
10. Personnel of the Law Enforcement Service of the Land Transportation Office (LTO);
11. Members of the Philippine Cost Guard, Department of Transportation and Communication;
12. Members of the Cebu Port Authority (CPA) Police Force;
13. Agents of ISOG of the Witness Protection Program;
14. Members of the Videogram Regulatory Board performing law enforcement functions;
15. Members of the Security Investigation and Transport Department (STTD), Cash Department (CD), including members of the Office of Special Investigation (OSI), Branch Operations and Department of General Services of the Bangko Sentral ng Pilipinas;
16. Personnel of the Office of the Sergeant-At-Arms (OSAA) of the Senate or the House of Representatives and the OSAA-certified designated senators/congressmen’s security escorts;
17. Postal Inspectors, Investigators, Intelligence Officers and Members of the Inspection Service of the Philippine Postal Corporation;
18. Election Officers, Provincial Election Supervisors, Regional Attorneys, Assistant Regional Election Directors, Regional Election Directors, Directors III and IV, Lawyers in the Main Office of the Commission on Elections and the Members of the Commission;
19. Members of the Law Enforcement Section of the Bureau of Fisheries and Aquatic Resources;
20. Members of the Tourist Security Division of the Department of Tourism;
21. Personnel of the Intelligence Division of the Central Management Information Office, Department of Finance;
22. Personnel of the Inspection and Monitoring Service of the National Police Commission;
23. Personnel of the Special Action and Investigation Division, Forest Officers defined under PD 705 and Department of Environment and Natural Resources (DENR) DAO No. 1997-32, Forest/Park Rangers, Wildlife Officers and all forest protection and law enforcement officers of the DENR;
24. Personnel of the Intelligence and Security, Office of the Secretary, Department of Foreign Affairs;
25. Personnel of the Philippine Drug Enforcement Agency;
26. Personnel of the Philippine Center for Transnational Crime (PCTC);
27. Personnel of the National Intelligence Coordinating Agency;
28. Personnel of the National Bureau of Investigation;
29. Personnel of the Presidential Anti-Smuggling Group (PASG); and
30. Field officers of the Fertilizer and Pesticide Authority, Department of Agriculture.

(b)    Member of privately owned or operated security, investigative, protective or intelligence agencies duly authorized by the PNP, provided that when in the possession of firearm, he is:

(1) in the agency-prescribed uniform with his agency-issued identification card prominently displayed and visible at all times, showing clearly his name and position; and
(2) in the actual performance of duty at his specified place/area of duty.

The heads of other law enforcement agencies and Protective Agents of Private Detective Agencies enumerated above shall, not later than 29 December 2009, submit a colored 4” x 5” picture, with description, of the authorized uniform of the office, to the Committee on the Ban on Firearms and Security Personnel (CBFSP) herein established.

SEC. 5.  Submission of Certified List of Names of AFP, PNP and Other Law Enforcement Personnel With Description of Firearms (Kind, Caliber, Make and Serial No., License No./Certificate of Registration, and Permit to Carry No.) –- Heads of offices of agencies mentioned above shall, not later than 29 December 2009, submit to the CBFSP, the list of the names of the personnel of the agency, together with a description of their firearms, who are authorized to bear, carry or transport firearms under this Resolution.  The list shall bear a certification that the persons named therein are in the regular plantilla of the Agency performing law enforcement functions and are receiving regular compensation for the services rendered in the said agency and that the firearms are duly registered firearms.

Personnel of agencies mentioned in Section 4 hereof shall be considered authorized to bear, carry or transport firearms only upon receipt by the CBFSP of the certified list referred to in this Section.

SEC. 6.  Who may be assigned security personnel or bodyguards. –- When circumstances warrant, including but not limited to threats to life and security, a candidate to public office, including incumbent public officer, and private individual, may, upon application, be assigned regular members of the PNP or the AFP or the National Bureau of Investigation, and as augmentation, duly licensed/authorized Protective Agents of Private Detective Agencies, to provide security, for the duration of the election period.

All existing authority granting security personnel or bodyguards are hereby revoked at the start of the election period.  The affected officials or individuals who want to continue to avail of or engage the services of security personnel or bodyguard, shall apply for the employment, availment or engagement of security personnel or bodyguard as provided in Section 7 hereof.

SEC. 7.  Procedure In Applying for Employment, Availment or Engagement of Security Personnel and Bodyguard. – Any candidate for public office, including incumbent public officer seeking election to any public office, or any public officer or private individual, who wants to employ, avail of or engage the services of security personnel or bodyguard, shall file a written application under oath, in three (3) copies, stating his full name, the public office he seeks to be elected, his residence and the reasons or circumstances for the application, in accordance with the following procedures:

A filing fee of PhP5,000.00 shall be charged for each application.

(a)     Candidates for Member, House of Representatives and local elective positions, as well as public officers or private individuals, shall file their applications with the Regional Joint Security Control Desks (R-JSCD) in their respective regions, to be chaired by the COMELEC Regional Election Director.

Candidates for national elective positions shall file their applications with the CBFSP, at the Main Office of the Commission on Elections, Intramuros, Manila.

(b)    Within five (5) days from receipt of the application, the JSCD shall refer the application with threat assessment and recommendations to the CBFSP.

In the case of applications filed with the CBFSP, the CBFSP shall refer the matter to the AFP and PNP which shall immediately conduct a threat or security assessment.  Within five (5) days from referral, the AFP and PNP shall submit to the CBFSP its assessment with a recommendation on whether to grant or not to grant the request.

(c)    Based on the assessment and recommendation submitted to it, the CBFSP shall grant or deny the request or may request for a reassessment.

If the decision is to grant the request, the CBFSP may authorize the Director General of the PNP or the Chief of Staff of the AFP or the Director of the National Bureau of Investigation to assign not more than two (2) of its regular members as security personnel.

Upon request and when the threat assessment warrants, the CBFSP may authorize the assignment of additional two (2) Protective Agents as close-in security.

In exceptionally meritorious circumstances, candidates for national elective positions may request for additional security personnel subject to such conditions and restrictions that the CBFSP may impose.

(d)    The authority shall be in writing and in three (3) copies.  The original shall be given to the office which shall provide the security personnel.  The second shall be retained by the CBFSP.  The third shall be given to the applicant.

(e)    In case of disapproval of the request, the CBFSP shall notify the applicant.  The notice shall be in writing.

As far as practicable, the security personnel to be assigned to candidates in the same city, municipality, district, province, shall come from the same unit or office.

(f)    The officers assigned for security duty to a candidate shall be subject to the same requirements as to the wearing of uniforms and the other conditions imposed in Section 4 (a) hereof.

(g)    If at any time the ground for which the authority to engage the services of security personnel ceases to exist, or for any valid cause, the CBFSP shall revoke the authority granted.

SEC. 8.  Enforcement – Any person who, not wearing the authorized uniform mentioned herein, bears, carries or transports firearm or other deadly weapon, shall be presumed unauthorized to carry firearms and subject to arrest.

SEC. 9.  Establishment and Composition of the CBFSP. – To ensure the attainment of the objective of the ban on firearms and security personnel, the CBFSP is hereby established, with Commissioner Lucenito N. Tagle as Chairman, and one (1) star rank officer or equivalent, from the AFP and PNP, as members.  The CBFSP shall be assisted by a Secretariat composed of representatives from the Commission, the AFP and the PNP.  The Secretariat shall be headed by a senior lawyer from the Law Department of the Commission.

The CBFSP shall be responsible for the implementation of the ban on the bearing, carrying or transporting of firearms and the employment, availment or engagement of security personnel.

SEC. 10.  Reporting Requirements. --  The CBFSP submit to the Commission a monthly report on the implementation of this Resolution, which shall include the following:

(a)    Current status of the enforcement (i.e. number of arrests, names of persons involved, number of confiscated firearms, categorized into licensed or unlicensed) of the ban on firearms and security personnel; and

(b)    The peace and order situation in various parts of the country, including insurgency, the existence and size of private armies, the intensity of political rivalries and other circumstances, that may affect the conduct of the elections.

The first monthly report shall be submitted to the Commission on the 1st Monday of February 2010 and every 1st Monday of the succeeding months thereafter and a final report on 30 June 2010.

SEC. 11.  Effectivity and Dissemination. --  This Resolution shall take effect on the seventh (7th) day after its publication in two (2) daily newspapers of general circulation in the Philippines.

The Education and Information Department shall cause the publication of this Resolution and shall furnish copies thereof to all Regional Election Directors, Provincial Election Supervisors, Election Officers, the PNP, the AFP and all other law enforcement agencies.

SO ORDERED.

    (Sgd)  JOSE A.R. MELO

           Chairman

         
(Sgd) RENE V. SARMIENTO                            (Sgd)  NICODEMO T. FERRER
                Commissioner                                                          Commissioner
     
(Sgd) LUCENITO N. TAGLE
Commissioner                                                                (Sgd)  ARMANDO C. VELASCO
                                                                                                        Commissioner
     
(Sgd) ELIAS R. YUSOPH
Commissioner                                                               (Sgd) GREGORIO Y. LARRAZABAL
                                                                                                       Commissioner