Wednesday, September 1, 2010

When Is the Schedule for Filing Certificates of Candidacy for Brgy & SK Elections?



RESOLUTION No. 9019

CALENDAR OF ACTIVITIES AND PERIODS OF CERTAIN PROHIBITED ACTS IN CONNECTION WITH THE OCTOBER 25, 2010 SYNCHRONIZED SANGGUNIANG KABATAAN AND BARANGAY ELECTIONS.

Promulgation:   31 August 2010





The Commission on Elections, pursuant to the powers vested in it by the Constitution of the Republic of the Philippines, the Omnibus Election Code and other election laws, RESOLVED to prescribe, as it hereby prescribes, the following calendar of activities and periods of prohibited acts in connection with the October 25, 2010 Synchronized Sangguniang Kabataan and Barangay Elections.
DATE/PERIOD
ACTIVITIES
PROHIBITED ACTS
August 25, 2010 (WED) to September 5, 2010 (SUN)
Inspection of Polling Places (Sec. 163, OEC).

August 31, 2010 (TUE)
Last day to file petitions for inclusion or exclusion with the proper municipal/ metropolitan trial court (Sections 22 and 23, COMELEC Resolution No. 9005).

September 10, 2010 (FRI)
Submission to the Commission by the heads of reaction/strike forces or similar forces of a complete list of all its members. Sec. 261 (u), OEC).

September 25, 2010 (SAT)
Last day to constitute the members of the Board of Election Tellers and members of the Barangay Boards of Canvassers (Sections 40 and 46, OEC).

September 25, 2010 (SAT)
Last day of posting the Computerized Voters' List (CVL) for purposes of the Synchronized Elections of Sangguniang Kabataan and Barangay Officials (Sec. 30, R.A. 8189 in relation to Sec. 28, R.A. 8436)

September 25, 2010 (SAT) - October 25, 2010 (MON)

Issuance of appointments, promotions, creation of new positions, or giving of salary increases in government offices, agencies or instrumentalities (Sec. 261 (g), OEC).
September 25, 2010 (SAT) - October 25, 2010 (MON)

Raising of funds thru dances, lotteries, cockfights, etc. (Sec. 97, OEC).
September 25, 2010 (SAT) - November 10, 2010 (WED) (30 DAYS BEFORE THE DATE OF THE ELECTION AND 15 DAYS THEREAFTER)
ELECTION PERIOD
Alteration of territory of a precinct or establishment of a new precinct (Sec. 5, R.A. 8189).


Illegal release of prisoners (Sec. 261 (n), OEC n relation to Sec. 28, R.A. 8436).


Carrying of firearm/deadly weapons, including wearing of uniforms, insignias, etc. (Sec. 261 (p), (q) and (s) as amended by Sec. 32, R.A. 7166).


Organizing or maintaining reaction/strike forces or similar forces (Sec. 261 (u), OEC)


Transfer and detail of officers and employees in the civil service, including public school teachers (Sec. 261 (h), OEC.


Suspension of any elective provincial, city, municipal or barangay officer (Sec. 261 (x), OEC).


Use of security personnel or bodyguards by candidates whether or not such bodyguards are regular members of officers of the Philippine National Police (PNP) or the Armed Forces of the Philippines (AFP) or other government law enforcement agency (Sec. 261 (t), OEC as amended by Sec. 33, R.A. 7166).
October 1, 2010 (FRI) - October 13, 2010 (WED)
Filing of Certificates of Candidacy (Sec. 39, OEC).

October 1-4, 2010
Issuance of notice of inspection and verification of the completeness of the Voters' Registration Records compiled in the Book of Voters for each barangay and Sangguniang Kabataan precinct (Sec. 31, R.A. 8189 n relation to Sec. 28, R.A. 8436).

October 5, 2010 (TUE) - October 10, 2010 (SUN)
Inspection and verification of completeness of the Voters' Registration Records and sealing of the Book of Voters for each barangay and sangguniang kabataan precinct (Sec. 31, R.A. 8189).

October 14, 2010 (THU) - October 23, 2010 (SAT)
CAMPAIGNING
Holding of barangay assemblies and candidates fora (Sec. 47, OEC).
Posting, displaying, distributing and using illegal campaign materials (Sec. 85, OEC).
October 18, 2010 (MON)
Last day of filing of disqualification cases against a candidate (Sec. 78, OEC).



Removing, destroying, obliterating, defacing, tampering or preventing distribution of lawful election propaganda (Sec. 83, OEC).


Making any donation or gift in cash or in kind, etc. (Sec. 104, OEC).


Use of armored/land/water/air craft (Sec. 261 (r), OEC).


Appointing or using special policemen, special/confidential agents or the like (Sec. 261 (m), OEC).


Construction or maintenance of provincial, city, municipal or barangay-funded, roads and bridges. (Sec. 3, R.A. 6679).
October 24, 2010 (SUN)
EVE OF ELECTION
Campaigning (Sec. 3, OEC).


Selling, furnishing, offering, buying, serving or taking intoxicating liquor, etc. (Sec. 261 (dd), (1), OEC).


Giving, accepting, free transportation, food, drinks and things of value (Sec. 89, OEC).


(Note: Acts mentioned in three preceding paragraphs: Secs. 3, 261 (dd) (1), and 89, OEC, are prohibited until election day).
October 25, 2010 (MON)
ELECTION DAY


Casting of votes (From 7:00 o'clock a.m. to 3:00 o'clock p.m. (Sec. 190, OEC)
Vote buying and vote selling (Sec. 261 (a), OEC).

Counting and canvassing of votes and proclamation of winning candidates (immediately after 3:00 o'clock p.m.).
Voting more than once or in substitution of another (Sec. 261(z), (2) and (3), OEC).


Soliciting votes or undertaking any propaganda for or against any candidate or any political party within the polling place or within thirty (30) meters thereof (Sec. 261 (cc), (6),OEC).


Selling, furnishing, offering buying, serving or taking intoxicating liquor, etc. (Sec. 261 (dd), (1), OEC).


Opening of booths or stalls for the sale, etc., of wares, merchandise or refreshments within thirty (30) meters radius from the polling place (Sec. 261 (dd), (21, OEC).


Giving and/or accepting free transportation, food, drinks and things of value (Sec. 89, OEC).


Holding of fairs, cockfights, boxing, horse races or similar sports. (Sec. 261, (dd), (3), OEC).
October 30, 2010 (SAT) - November 10, 2010 (WED)
Filing of sworn statements of election contributions and expenditures (Sec. 14, R.A. 7166).


The Deputy Executive Director for Operations and concurrent Acting Executive Director shall immediately implement this Resolution.
The Education and Information Department (EID) is directed to cause the dissemination of this Resolution and its publication in two (2) newspapers of general circulation in the Philippines.
This Resolution shall take effect on the seventh (7) day affer its publication.
S0 ORDERED.

(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
(On Official Business)
ELIAS R. YUSOPH
Commissioner
(Sgd.) GREGORIO Y. LARRAZABAL
Commissioner

Monday, August 16, 2010

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.

Resolution No. 9016 - Filing of Request for Transfer of Polling Places

RESOLUTION No. 9016

 IN THE MATTER OF FIXING THE DEADLINE FOR THE FILING OF PETITION/REQUEST FOR TRANSER OF POLLING PLACES IN CONNECTION WITH THE OCTOBER 25, 2010 SYNCHRONIZED SK AND BARANGAY ELECTIONS

          WHEREAS, Section 153 of the Omnibus Election Code (OEC), provides in part that, “No location of polling place shall be changed within forty-five (45) days before a regular election and thirty (30) days before a special election or a referendum, or plebiscite, except in case it is destroyed or it cannot be used”;

          WHEREAS, for the upcoming Synchronized Sangguniang Kabataan and Barangay Elections to be held on October 25, 2010, the aforementioned prohibition will commence on September 10, 2010;

          WHEREAS, the Commission foresees several petitions/requests from the registered voters or political parties for the transfer of their polling places in connection with the SK and Barangay Elections;

          WHEREAS, in view of the timelines prescribed by the Commission in the performance of pre-election activities and other matters related thereto, the period, aforementioned can still be complied with.

          NOW, THEREFORE, the Commission, by virtue of the powers vested in it by the 19877 Constitution of the Republic of the Philippines, the Omnibus Election Code (OEC), R.A. 8436 and other Election Laws, RESOLVED, as it hereby RESOLVES, to fix the deadline for the filing of requests/petitions for transfer of polling places before the Election and Barangay Affairs Department (EBAD) on September 10, 2010.  Provided that if the request/petition is filed a week before the deadline herein set, the same will be automatically DENIED unless completely accompanied by the following, to wit:

A.    In case of a Petition by the majority of the registered voters in a precinct (Sec. 154 of OEC):

1.     A document showing that it is a petition for transfer of polling place from _________ (previous/former) to _________ (proposed), the precinct/s numbers affected as well as the signatures of the majority of the registered voters of said precinct/s; and,

2.     A Certification to attest to the fact that the names appearing therein are indeed bona fide registered voters in the precinct concerned.

B.   In case of an Agreement of the political parties:

1.     A Certification to attest to the fact that the political parties which participated in the Memorandum of Agreement (MOA) are indeed the only registered political parties (Sec. 154, OEC) in the City/Municipality where the polling place/voting center concerned is located; and

2.     A Certification coming from the political parties that indeed those who signed in the MOA is/are their duly authorized representatives.

No requests/petitions for transfer of polling place shall be entertained after the deadline, except in case/s where the existing polling place is destroyed or it cannot be used.

All Election Officers (Eos)/Acting Election Officers (AEOs) are hereby enjoined to conduct ocular inspection of the existing polling places/voting centers to determine their availability, accessibility and suitability in the forthcoming October 25, 2010 Synchronized Sangguniang Kabataan and Barangay Elections.

Let the Election and Barangay Affairs Department implement this resolution.

SO ORDERED.

JOSE A. R. MELO
Chairman
RENE V. SARMIENTO
Commissioner

NICODEMO T. FERRER
Commissioner



LUCENITO N. TAGLE
Commissioner

ARMANDO C. VELASCO
Commissioner



ELIAS R. YUSOPH
Commissioner

GREGORIO Y. LARRAZABAL
Commissioner


Friday, August 13, 2010

Resolution No. 9005 - Guidelines for the Continuing Registration of Voters for the Oct 25, 2010 Brgy Elections

RESOLUTION No. 9005

RULES AND REGULATIONS ON THE RESUMPTION OF THE SYSTEM OF CONTINUING REGISTRATION OF VOTERS FOR THE OCTOBER 25, 2010 BARANGAY ELECTIONS
Promulgation: 19 July 2010



The Commission on Elections, by virtue of the powers vested in it by the Constitution, the Omnibus Election Code, Republic Act Nos. 7160, 8189, 9369 and other pertinent election laws, RESOLVED to promulgate, as it hereby promulgates, the following rules and regulations to govern the conduct of registration of voters for purposes of the October 25, 2010 Barangay Elections.



SECTION 1. Who may register. – Any Filipino citizen may register as a voter for purposes of the Barangay Elections, provided he possesses the following qualifications:


1) At least eighteen (18) years of age;

2) Has resided in the Philippines for at least one (1) year and, in the place wherein he proposes to vote, for at least six (6) months immediately preceding the election; and,

3) Not otherwise disqualified by law.

Any person who, on the day of his application for registration, may not have reached the required age or period of residence but who, on October 25, 2010, shall possess such qualifications, may register as a voter.

SEC 2. Who are disqualified to register. – The following are disqualified to register:

a)  Any person who has been sentenced by final judgment to suffer imprisonment of not less than one (1) year, such disability not having been removed by plenary pardon or amnesty.  Any person so disqualified shall automatically reacquire the right to vote upon the expiration of five (5) years after service of sentence;

b)  Any person who has been adjudged by final judgment of a competent court or tribunal of having committed any crime involving disloyalty to the duly constituted government, such as rebellion, sedition, violation of the firearms laws, or any crime against national security, as defined and penalized under the Revised Penal Code.  However, he shall automatically regain his right to vote upon the expiration of five (5) years after service of sentence; and

c)  Insane or incompetent persons as declared by competent authority.

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