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

page 1 | page 2 | page 3 | page 4

     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).

page 1 | page 2 | page 3 | page 4

Blogger Buzz: Blogger integrates with Amazon Associates

Blogger Buzz: Blogger integrates with Amazon Associates

The Printing of EDCVL for Use in the May 10, 2010 National & Local Elections

IN THE MATTER OF THE PRINTING OF THE ELECTION DAY 
COMPUTERIZED VOTERS LIST (EDCVL) FOR USE IN THE 
MAY 10, 2010 NATIONAL AND LOCAL ELECTIONS

RESOLUTION No. 8838

Promulgation: 30 April 2010

---

WHEREAS, COMELEC Resolution No. 8786 requires the distribution of two (2) copies of the Election Day Computerized Voters List (EDCVL) to the members of the boards of election inspectors (BEI) for use in the May 10, 2010 automated national and local elections;

WHEREAS, the purpose of the second copy of the EDCVL is to ensure that in case a court or electoral tribunal will take possession of the EDCVL due to a pending electoral protest, the Election Officer will have an extra copy to be used in recording the voting history of the voters in his jurisdiction;

WHEREAS, the Information Technology Department (ITD), which is tasked to generate and print the EDCVL, has recommended that due to insufficient supply of toner being used for the printing, only one copy of the EDCVL be printed for the remaining 36.7% or 18,615,207 records still to be printed, and that for the cities and municipalities where two copies of the EDCVL have already been printed, the Election Officers shall be directed to provide only one copy of the EDCVL to the BEIs for use on election day;

WHEREAS, requiring the printing of two copies of EDCVL for the remaining 36.7% of the records may result in the ITD not being able to complete the printing of all EDCVLs in time for distribution to the BEIs for use on election day;

NOW, THEREFORE, by virtue of the powers vested in it by the Constitution, Omnibus Election Code, Republic Act No. 9369 and other election laws, the Commission RESOLVED, as it hereby RESOLVES:

1. 
   
   To approve the recommendation of the Information Technology Department that only one copy of the EDCVL be printed for the remaining 36.7% or 18,615,207 records still to be printed;
2. 
   
   For cities and municipalities where two copies of the EDCVL have already been printed, to maintain the instructions under Resolution No. 8786 that two (2) copies of the Election Day Computerized Voters List (EDCVL) shall be distributed to the members of the boards of election inspectors (BEI) for use on election day; and
3. 
   
   To ensure that the Election Officer will have an extra copy of the EDCVL to be used in recording the voting history of the voters in his jurisdiction even if a court or electoral tribunal will take possession of the EDCVL due to a pending electoral protest, to require the Election Officer to photocopy the EDCVL before issuing the same to the court or electoral tribunal.

Let the PMO Project Director implement this Resolution.

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

Res. No. 9212 - Guidelines in Filing Certificates of Candidacy & Nomination for ARMM Elections

SEC. 5.  Certificates of Nomination of Official Candidates by the Political Party. – The certificate of nomination of registered political parties or coalitions of political parties of their official candidates shall be filed, in five (5) legible copies, not later than the last day for filing of certificates of candidacy, duly signed and attested under oath by the party president, chairman, secretary-general or any other duly authorized officer of the party, and shall bear the acceptance of the nominee.  If the certificate of nomination of a candidate is filed within the period for filing of the certificate of candidacy but after his certificate of candidacy has been filed, he shall attach a copy of the certificate of nomination shall be attached to the certificate of candidacy.

For this purpose, all registered political parties/fielding official candidates for the election shall, not later than May 09, 2011, submit to the Law Department the names and specimen signatures of the authorized signatories to official party nominations.

No certificate of nomination or any amendment thereto shall be filed after the last day for filing of certificate of candidacy, except in case of valid substitution under Section 14 hereof.

No political party shall be allowed to nominate candidates more than the number required to be voted for in an elective position; otherwise, all of the nominations shall be without effect and the candidate affected shall be considered as independent.

SEC. 6.  Independent Candidate. – An independent candidate is one:

1)       who has not been nominated by a registered political party or its duly authorized representative;

2)       whose nomination has not been submitted by a registered political party;

3)       who has not accepted a nomination from registered political party;

4)       who accepts nominations from more than one registered political party, except in cases of coalitions of said political parties;

5)       whose nomination was filed after the last day of filing of certificates of candidacy.

SEC. 7.  Effects of Filing Certificates of Candidacy. – a) Any person holding a public appointive office or position including active members of the Armed Forces of the Philippines, and other officers and employees in government-owned or controlled corporations, shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy.

b)  Any person holding an elective office or position shall not be considered resigned upon the filing of his certificate of candidacy for the same or any other elective office or positions.

SEC. 8.  Ministerial Duty of Receiving and Acknowledging Receipt of Certificates of Candidacy/Nomination; Recording. – The receiving officer as provided for in Section 3 hereof shall have the ministerial duty to receive and acknowledge receipt of the certificates of candidacy of a candidate and/or nomination by registered political parties or coalition of political parties on or before the deadline for filing of certificates of candidacy, provided said certificates are under oath, contain all the required data, and in the form prescribed by the Commission.  He shall stamp every copy of each certificate with the date and time of its receipt and affix his signature thereon.

Thereafter, the receiving officer shall enter in a record book, the following data, leaving no space between entries:  (a) date and time of receipt of the certificates; (b) assigned consecutive number thereof; (c) full name of the candidate; (d) the office for which the candidate is running; (e) the political party to which the candidate belongs and/or which nominated him, if any; (f) the number of copies actually received; and (g) the name of the receiving officer.

Without delay, after 12:00 o’clock midnight of the last day for filing certificate of candidacy, the receiving officer shall close the record book by placing a line immediately after the last entry and writing the word “closed”.  He shall then affix his signature below the word “closed” and indicate the date and exact time of closing.

<< PREVIOUS

MORE >> 

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