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  

How the Automated Election in May 10, 2010 Go?

Yahoo Southeast Asia, together with Smartmatic-TIM has provided us with a demonstration video of the process of how the first automated elections in the Philippines on May 10, 2010 will go.

We suggest that you replay the video over and over again, to 
familiarize yourself with the whole process. 

And, please, help us disseminate the knowledge you have learned from this video. 

If you have some query, please feel FREE to write them hereunder, 
including your COMMENTS or suggestions.

Politicians To Sabotage 2010 Automated Polls?

Some unscrupulous politicians are planning to sabotage next year’s automated elections, a senator bared on Wednesday.

Senator Richard Gordon however could not substantiate his claims, saying only that he’d been receiving reports that some congressmen are planning to stop the implementation of the automated elections. 




“There are some people who are desperate. Natatakot sila na mahina yung kanilang kandidato (They are afraid that their bets would lose)," he said even as he expressed doubts that these politicians would succeed.

“Hindi ko ipaglalaban yan passionately kung hindi ko nakikita na magwo-work yan (I would not have fought for it passionately if I did not see that it will work)," said the author of the Republic Act 9369 or the Amended Automated Elections System Law.

The Commission on Elections (Comelec), on the other hand, dismissed the possibility of sabotage.

“Just trust the Comelec that we would ensure clean, honest and orderly elections in 2010," said Commissioner Ferdinand Rafanan in an earlier interview.

The poll body even said the the machines that will be used in the 2010 elections can even run without electricity.

“The machines can work on batteries for a total of sixteenhours, so even with a brownout, the machines will still work," Comelec spokesperson James Jimenez.

The National Power Corporation (Napocor) said that it would require six billion pesos to ensure sufficient power supply on election day.

Renato Garcia, IT consultant of Comelec chairman Jose Melo, told reporters that the Precinct Count Optical Scan (PCOS) machines work like portable computers, which can run on backup power.

“Since these are practically laptops, backup power is not really a problem and consumption of energy is very low," he said.

A total of 42, 200 PCOS machines will arrive in December while another 40,000 will be delivered in January. - GMANews.TV

Resolution No. 8678 - Guidelines on the Filing of Certificates of Candidacy and Nomination of Official Candidates

RESOLUTION No. 8678
Guidelines on the Filing of Certificates of Candidacy and Nomination of Official Candidates of Registered Political Parties in Connection with the May 10, 2010 National and Local Elections

[Promulgation: 06 October 2009]

The Commission on Elections, by virtue of the power vested in it by the Constitution, the Omnibus Election Code, and other election laws, RESOLVED to promulgate as it hereby promulgates, the following rules and guidelines on the filing of certificates of candidacy and nomination of official candidates of registered political parties in connection with the May 10, 2010 National and Local Elections.

SEC. 1. Certificate of Candidacy. - a) No person shall be elected President, Vice-President, Senators, Member of the House of Representatives, Provincial, City or Municipal officials unless he files a sworn certificate of candidacy in the form prescribed by the Commission (prescribed forms attached), and within the period fixed herein.

b) No person shall be eligible for more than one office to be filled in the same election. If he files a certificate of candidacy for more than one office he shall not be eligible for either. However, before the expiration of the period for the filing of certificate of candidacy, the person who has filed more than one certificate of candidacy may declare under oath the office for which he desires to be eligible and cancel the certificate of candidacy for the other office or office/s. Said declaration shall be filed personally or through his duly authorized representative with the proper office in accordance with Sec. 3 hereof.

c) A person who has filed a certificate of candidacy may, prior to the election, withdraw the same pursuant to Sec. 13 hereof.

d) The filing of a withdrawal of a certificate of candidacy shall not affect whatever civil, criminal or administrative liabilities a candidate may have incurred.

SEC. 2. Contents of certificate of candidacy. - The certificate of candidacy shall be under oath and shall state that the person filing it is announcing his candidacy for the office and constituency stated therein; that he is eligible for said office, his age, sex, civil status, place and date of birth, his citizenship, whether natural-born or naturalized; the registered political party to which he belongs; if married, the full name of the spouse; his legal residence, giving the exact address, the precinct number, barangay, city or municipality and province where he is registered voter; his post office address for election purposes; his profession or occupation or employment; that he is not a permanent resident of an immigrant to a foreign country; that he will support and depend the Constitution of the Republic of the Philippines and will maintain true faith and allegiance thereto; that he will obey the laws, legal orders, decrees, resolution, rules and regulations promulgated and issued by the duly-constituted authorities; that he assumes the foregoing obligations voluntarily without mental reservation or purpose of evasion; and that the facts stated in the certificate are true and correct to the best of his own knowledge.

Unless a candidate has officially changed his name through a court-approved proceeding, a candidate shall use in a certificate of candidacy the name by which he has been baptized or if he has not been baptized in any church or religion, the name registered in the office of the local civil registrar or any other name under the provisions of existing law or, in the case of a Muslim, his Hadji name after performing the prescribed religious pilgrimage: provided, that when there are two or more candidates for an office with the same name and surname, each candidate, upon being made aware of such fact, shall state his paternal and maternal surname, except the incumbent who may continue to use the name and surname stated in his certificate of candidacy when he was elected.

The person filing the certificate of candidacy may include one nickname or stage name by which he is generally or popularly known in the locality; Provided: That no candidate shall use the nickname, stage name or initials of another. In case of several nicknames or stage names, only the nickname or stage name first written shall be considered.

Titles, such as DON, DATU, DOCTOR, GINOO, or words of similar imports shall not be allowed.

SEC. 3. Where to file certificate of candidacy. - The certificate of candidacy shall be filed in FIVE (5) LEGIBLE COPIES with the offices of the Commission specified hereunder:

1. Law Department, Commission on Elections:  -- For President, Vice-President and Senator.

2. Regional Election Director, NCR:  --  For Members of the House of Representatives for legislative districts in the National Capital Region (NCR);

3. Provincial Election Supervisor concerned:

          1) Members of the House of Representatives of legislative districts in provinces;

          2) For Provincial officials;

4. City Election Officer concerned designated for the purpose by the Regional Election Director.

          1) Members of the House of Representatives for legislative districts in cities outside the NCR, which comprise one or more legislative districts;

          2) For City Officials of cities with more than one election officer.

Copies of the designation of the Election Officer concerned shall immediately be submitted to the Law Department of the Commission;

5. City/Municipal Election Officer concerned: --  For City/Municipal Officials

The certificate of candidacy shall be filed by the candidate personally or by his duly authorized representative. No certificate of candidacy shall be filed or accepted by mail, telegram or facsimile. The authority of the authorized representative shall be in writing and under oath and attached to the certificate of candidacy.

Certificate of candidacy not filed with the correct offices as enumerated above shall not be accepted.

The filing of the certificate of candidacy of a substitute candidate, in case of valid substitution, shall be filed in accordance with Sec. 13 hereof.

The form of the certificate of candidacy shall be distributed free of charge and no filing fee shall be imposed.

SEC. 4. 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 position.

SEC. 5. Period for filing Certificate of Candidacy. - The certificate of candidacy shall be filed on regular days, from November 20 to 30, 2009, during office hours, except on the last day, which shall be until midnight.

SEC. 6. 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) 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 and shall bear the acceptance of the nominee by affixing his signature in the space provided therein. If the certificate of nomination of a candidate is filed within the period for filing of certificate of candidacy, but after his certificate of candidacy has been filed, a copy of the certificate of nomination shall be attached to the certificate of candidacy.

For this purpose, all registered political parties shall, not later than November 15, 2009, 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 Sec. 13 hereof.

No political party shall be allowed to nominate candidates more than the number of persons required to be voted for in an elective position. In such a situation, all of the nominations shall be denied due course by the Commission.

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Ten more days before the deadline to register as a voter

There are barely ten (10) days to go before the deadline to register as a voter.  If you wish to vote on May 10, 2010 National and Local Elections, you better get registered NOW!!

With ten days left before the October 31, 2009 deadline, the Commission on Elections has reiterated its call for qualified voters nationwide to register.

“We are aware that a lot of Filipinos choose to register at the last minute. So in order to accommodate them and also to address the growing crowds at our field offices as we near the registration deadline, the COMELEC en banc has ordered the extension of office hours in all registration centers nationwide. Registration is also extended until Sundays in calamity areas of Luzon,” said COMELEC spokesman James Jimenez.

The poll body spokesman said starting October 22, 2009 until October 30, 2009, registration hours in COMELEC field offices nationwide will now be until 9:00 PM. On October 31, the last day of registration, COMELEC offices will be open until midnight, he said.

Jimenez also added that the COMELEC has allowed voters registration on Sundays (October 18 and 25) but only in calamity stricken areas of Luzon such as Regions I, II, III, IV-A, V, CAR, and NCR.

Meanwhile, Jimenez said voters’ registration in the Autonomous Region in Muslim Mindanao (ARMM) will run daily (Mondays to Sundays) from October 19, 2009 until October 31, 2009 according to COMELEC Minute Resolution No. 09-0661.

Jimenez however noted that voters’ validation will be suspended to give way for new registrants.

Guidelines for Filing Certificate of Candidacy (3)

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SEC. 13. Substitution of Candidates, in case of death, disqualification or withdrawal of another. - If after the last day for the filing of certificate of candidacy, an official candidate of a registered political party dies, withdraws or is disqualified for any cause, he may be substituted by a candidate belonging to, and nominated by, the same political party. No substitute shall be allowed for any independent candidate.

The substitute for a candidate who withdrew may file his certificate of candidacy as herein provided for the office affected not later than December 14, 2009.

The substitute for a candidate who died or suffered permanent incapacity or disqualified by final judgment, may file his certificate of candidacy up to mid-day of election day. If the death or permanent disability should occur between the day before the election and mid-day of election day, the substitute candidate may file the certificate with any board of election inspectors in the political subdivision where he is a candidate, or in the case of a candidate for President, Vice-President or Senator, with the Law Department of the Commission on Elections in Manila.

No person who has withdrawn his candidacy for a position shall be eligible as substitute candidate for any other position after the deadline for filing of certificates of candidacy.

SEC. 14. Nuisance Candidates. - The Commission may, motu proprio, or upon verified petition of an interested party refuse to give due course to or cancel a certificate of candidacy of candidates running for national position if it is shown that said certificate has been filed to put the election process in mockery or disrepute, or to cause confusion among the voters by the similarity of names of registered candidates, or by other circumstances or acts which clearly demonstrate that the candidate has no bona fide intention to run for the office for which the certificate of candidacy has been filed and thus prevent a faithful determination of the true will of the electorate.

A verified petition to declare a duly registered candidate as a nuisance candidate shall be filed personally or through duly authorized representative with the Commission by any registered candidate within five (5) days from the last day for filing certificate of candidacy.

SEC. 15. Petitions to Deny Due Course to or Cancel of a Certificate of Candidacy. - A verified petition seeking to deny due course or to cancel a certificate of candidacy may be filed by any person within five (5) days from the last day for filing of certificate of candidacy but not later than twenty five (25) days from the filing of the certificate of candidacy, exclusively on the ground of material misrepresentation on the contents of the certificate of candidacy as required under Sec. 74 of the Omnibus Election Code (Batas Pambansa Blg. 881).

SEC. 16. Effects of Disqualification. - Any candidate who has been declared disqualified by final judgment shall not be voted for and the votes cast in his favor shall not be counted. If, for any reason, he is not declared disqualified by final judgment before the election and he is voted for and receives the winning number of votes, the case shall continue and upon motion of the petitioner, complainant, or intervenor, the proclamation of such candidate may be ordered suspended during the pendency of the said case whenever the evidence is strong.

a) where a similar complaint/petition is filed before the election and before the proclamation of the respondent and the case is not resolved before the election, the trial and hearing of the case shall continue and referred to the Law Department for preliminary investigation.

b) where the complaint/petition is filed after the election and before the proclamation of the respondent, the trial and hearing of the case shall be suspended and referred to the Law Department for preliminary investigation.

In either case, if the evidence of guilt is strong, the Commission may order the suspension of the proclamation of respondent, and if proclaimed, to suspend the effects of proclamation.

SEC. 17. Effectivity. - This Resolution shall take effect on the seventh (7th) day after its publication in two (2) daily newspapers of general circulation in the Philippines.

SEC. 18. Dissemination. - The Education and Information Department shall cause the publication of this Resolution in two (2) daily newspapers of general circulation in the Philippines and give the same the widest dissemination possible and furnish copies thereof to all Regional Election Directors, Provincial Election Supervisors, Election Officers and accredited political parties and party-list organizations or coalitions participating in the party list system of representation.

SO ORDERED.

(Sgd.) JOSE A.R. MELO
Chairman

(Sgd.) RENE V. SARMIENTO       (Sgd.) NICODEMO T. FERRER

Commissioner                                       Commissioner

(Sgd.) LUCENITO N. TAGLE      (Sgd.) ARMANDO C. VELASCO

Commissioner                                  Commissioner

(Sgd.) ELIAS R. YUSOPH
Commissioner

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Guidelines for Filing Certificate of Candidacy (2)

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SEC. 7. Independent Candidate. - An independent candidate is one:

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

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

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

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

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

SEC. 8. Ministerial duty of receiving and acknowledging receipt of certificates of candidacy/nomination; Recording. - The receiving officer as provided for in Sec. 3 hereof shall have the ministerial duty to receive and acknowledge receipt of the certificates of candidacy/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 and 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.

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 immediately below the word “closed” and indicate the date and exact time of closing.

SEC. 9. Watchers of candidates, political parties and accredited citizens’ arms. - Any candidate, political party, accredited citizen’s arm may appoint a watcher in connection with the filing and reception of the certificates of candidacy. The watcher shall be allowed to stay within the premises of the authorized receiving office and to take note of the proceedings but without interrupting or disturbing official business. Any watcher may report in writing to the Commission any irregularity, which may require appropriate action.

Watchers shall be entitled, upon written request, to secure from the receiving officer a copy of the full list of those who filed their certificates of candidacy and their respective positions.

SEC. 10. Reports on the delivery of certificates of candidacy. - The receiving officer shall, using the program provided by the Information Technology Department (ITD):

    1) encode the candidates’ information and save the same in two (2) compact discs (CD);

    2) print a list of candidates and affix his signature thereon.

Not later than December 2, 2009, the receiving officer shall report, by rush telegram or any available fastest means of communication to the Commission through the Law Department, a complete list of candidates who have filed their certificates of candidacy as entered in the record book. Within the same period, the record book, list of candidates duly signed, CDs, and copies of the certificates of candidacy except one copy to be retained for file, as well as the original copy of nomination, if any, shall be delivered personally to the Law Department in Manila by the following:

    1) Regional Election Director for NCR – For Member of the House of Representatives in the legislative districts in the NCR;

    2) Provincial Election Supervisor – For Member of the House of Representatives and provincial, city and municipal positions outside the National Capital Region;

           For this purpose, the Election Officers concerned shall deliver the above mentioned items to his Provincial Election Supervisor within twenty-four (24) hours after the deadline for filing.

    3) City/Municipal Election Officer – For city and municipal positions in the National Capital Region.

The Law Department shall distribute the copies of the certificates of candidacy and CDs, as follows:

• 1st and 2nd Copies and    
  
  

  one (1) CD                                     Law Department

• 3rd Copy and one (1)    
  
  

  CD                                                   ERSD

• 4th Copy                                                COMELEC Secretary
  
  
  

SEC. 11. Preparation of the Certified List of Candidates. - Immediately after the last day for filing of certificates of candidacy, the certified list of candidates shall be prepared by election officials/ department concerned as follows:

   1. Law Department:

For President, Vice-President and Senator;

   2. Regional Election Director concerned:

For Members of the House of Representatives in the legislative districts in the National Capital Region (NCR);

   3. Provincial Election Supervisor concerned:

For Members of the House of Representatives in legislative districts in provinces, and provincial officials;

   4. City/Municipal Election Officer concerned:

For city and municipal positions in the National Capital Region; and

For city and municipal positions outside of the National Capital Region.

SEC. 12. Withdrawal of Certificate of Candidacy. - Any person who has filed a certificate of candidacy may at any time before election day and subject to Sec. 13 hereof, file personally a statement of withdrawal under oath in five (5) legible copies with the office where the certificate of candidacy was filed. No statement of withdrawal shall be accepted if filed by a person other than the candidate or if filed by mail, telegram or facsimile.

The Regional Election Director, Provincial Election Supervisor, or the Election Officer concerned shall, upon receipt of the withdrawal, notify the Law Department by the fastest means of communication of the a) full name of the candidate withdrawing; b) elective office concerned; c) political party, if any; and d) substitution made, if any. On the same date, he shall retain a file copy and immediately forward to the Commission through the Law Department all the other copies. The Law Department shall, in turn, distribute the copies to the offices/departments concerned as provided under Sec. 11 hereof.

For any withdrawal of candidacy and/or substitution filed with the Commission, the field office concerned and the Project Director of Phase II shall be notified.

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OEC VI - Election of Barangay Officials

Article VI

ELECTION OF BARANGAY OFFICIALS

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Sec. 37. Regular election of barangay officials. - The election for barangay officials shall be held throughout the Philippines in the manner prescribed on the second Monday of May Nineteen hundred and eighty-eight and on the same day every six years thereafter.

The officials elected shall assume office on the thirtieth day of June next following the election and shall hold office for six years and until their successors shall have been elected and qualified.

Sec. 38. Conduct of elections. - The barangay election shall be non-partisan and shall be conducted in an expeditious and inexpensive manner.

No person who files a certificate of candidacy shall represent or allow himself to be represented as a candidate of any political party or any other organization; and no political party, political group, political committee, civic, religious, professional, or other organization or organized group of whatever nature shall intervene in his nomination or in the filing of his certificate of candidacy or give aid or support, directly or indirectly, material or otherwise favorable to or against his campaign for election: Provided, That this provision shall not apply to the members of the family of a candidate within the fourth civil degree of consanguinity or affinity nor to the personal campaign staff of the candidate which shall not be more than one for every one hundred registered voters in his barangay: Provided, however, That without prejudice to any liability that may be incurred, no permit to hold a public meeting shall be denied on the ground that the provisions of this paragraph may or will be violated.

Nothing in this section, however, shall be construed as in any manner affecting or constituting an impairment of the freedom of individuals to support or oppose any candidate for any barangay office.

Sec. 39. Certificate of Candidacy. - No person shall be elected punong barangay or kagawad ng sangguniang barangay unless he files a sworn certificate of candidacy in triplicate on any day from the commencement of the election period but not later than the day before the beginning of the campaign period in a form to be prescribed by the Commission. The candidate shall state the barangay office for which he is a candidate.

The certificate of candidacy shall be filed with the secretary of the sangguniang barangay who shall have the ministerial duty to receive said certificate of candidacy and to immediately acknowledge receipt thereof.

In case the secretary refuses to receive the same, or in the case of his absence or non-availability, a candidate may file his certificate with the election registrar of the city or municipality concerned.

The secretary of the sangguniang barangay or the election registrar, as the case may be, shall prepare a consolidated list all the candidates and shall post said list in the barangay hall and in other conspicuous places in the barangay at least ten days before the election.

Any elective or appointive municipal, city, provincial or national official or employee, or those in the civil or military service, including those in government-owned or controlled corporations, shall be considered automatically resigned upon the filing of certificate of candidacy for a barangay office.

Sec. 40. Board of Election Tellers. –

1.  The Commission shall constitute not later than ten days before the election a board of election tellers in every barangay polling place, to be composed of a public elementary school teacher as chairman, and two members who are registered voters of the polling place concerned, but who are not incumbent barangay officials nor related to any candidate for any position in that barangay within the fourth civil degree of affinity or consanguinity.

In case no public elementary school teachers are available, the Commission shall designate any registered voter in the polling place who is not an incumbent barangay official nor related to any candidate for any position in that barangay within the fourth civil degree of affinity or consanguinity.

2.  The board of election tellers shall supervise and conduct the election in their respective polling places, count the votes and thereafter prepare a report in triplicate on a form prescribed by the Commission.  The original of this report shall be delivered immediately to the barangay board of canvassers.  The second copy shall be delivered to the election registrar and the third copy shall be delivered to the secretary of the sangguniang barangay who shall keep the same on file.

Sec. 41. Registration of voters and list of voters. - Not later than seven days before the election, the board of election tellers shall meet in every barangay polling place to conduct the registration of barangay voters and to prepare the list of voters.  Any voter may challenge the qualification of any person seeking to register and said challenge shall be heard and decided on the same day by the board of election tellers.

The final list of voters shall be posted in the polling places at least two days before election day.  The registration of any voter shall not be transferred without written notice at least two days before the date of election.  Not later than the day following the barangay election, the board of election tellers shall deliver the list of voters to the election registrar for custody and safekeeping.

Sec. 42. Polling places. –

1.  The chairman of the board of election tellers shall designate the public school or any other public building within the barangay to be used as polling place in case the barangay has one election precinct. 

2.  For barangays with two or more election precincts the chairman of the board of canvassers shall designate the public school or any other public building to be used as polling place.

In case there is no public school or other public building that can be used as polling places, other appropriate private buildings may be designated: Provided, That such buildings are not owned or occupied or possessed by any incumbent elective public official or candidate, or his relative within the fourth civil degree of consanguinity or affinity.  The polling place shall be centrally located as possible, always taking into consideration the convenience and safety of the voters.

Sec. 43. Official barangay ballots. - The official barangay ballots shall be provided by the city or municipality concerned of a size and color to be prescribed by the Commission.

Such official ballots shall, before they are handed to the voter at the pollingplace, be authenticated in the presence of the voter, by the authorized representatives of the candidates and the chairman and members of the board of election tellers who shall affix their signatures at the back thereof.  Any ballot which is not authenticated shall be deemed spurious.

Sec. 44. Ballot boxes. - The Commission shall provide the ballot boxes for each barangay polling place, but each candidate may be permitted to provide a padlock for said ballot box.

Sec. 45. Postponement or failure of election. - When for any serious cause such as violence, terrorism, loss or destruction of election paraphernalia or records, force majeure, and other analogous causes of such nature that the holding of a free, orderly and honest election should become impossible in any barangay, the Commission, upon a verified petition of an interested party and after due notice and hearing at which the interested parties are given equal opportunity to be heard, shall postpone the election therein for such time as it may deem necessary.

If, on account of force majeure, violence, terrorism, fraud or other analogous causes, the election in any barangay has not been held on the date herein fixed or has been suspended before the hour fixed by law for the closing of the voting therein and such failure or suspension of election would affect the result of the election, the Commission, on the basis of a verified petition of an interested party, and after due notice and hearing, at which the interested parties are given equal opportunity to be heard shall call for the holding or continuation of the election within thirty days after it shall have verified and found that the cause or causes for which the election has been postponed or suspended have ceased to exist or upon petition of at least thirty percent of the registered voters in the barangay concerned.

When the conditions in these areas warrant, upon verification by the Commission, or upon petition of at least thirty percent of the registered voters in the barangay concerned, it shall order the holding of the barangay election which was postponed or suspended.

Sec. 46. Barangay board of canvassers. –

1.  The Commission shall constitute a board of canvassers at least seven days before the election in each barangay, to be composed of the senior public elementary school teacher in the barangay as chairman, and two other public elementary school teachers, as members.

In case the number of public elementary school teachers is inadequate, the Commission shall designate the chairman and members of the barangay board of canvassers from among the board of election tellers.


2.   The barangay board of canvassers shall meet immediately in a building where a polling place is found and which is most centrally located in the barangay and after canvassing the results from the various polling places within the barangay, proclaim the winners.  
The board of canvassers shall accomplish the certificate of proclamation in triplicate on a form to be prescribed by the Commission.  The original of the certificate shall be sent to the election registrar concerned, the second copy shall be delivered to the secretary of the sangguniang bayan or sangguniang panglunsod, as the case may be, and the third copy shall be kept on file by the secretary of the sangguniang barangay.  


In a barangay where there is only one polling place, the barangay board of election tellers shall also be the barangay board of canvassers.

Sec. 47. Activities during the campaign period. - During the campaign period, the punong barangay if he is not a candidate, or any resident of the barangay designated by the Commission, shall convene the barangay assembly at least once for the purpose of allowing the candidates to appear at a joint meeting duly called, upon proper and with at least two days notice, to explain to the barangay voters their respective program of administration, their qualifications, and other information that may help enlighten voters in casting their votes.

The members of the barangay assembly may take up and discuss other matters relative to the election of barangay officials.

Sec. 48. Watchers. - Candidates may appoint two watchers each, to serve alternately, in every polling place within the barangay, who shall be furnished with a signed copy of the results of the election, in such form as the Commission may prescribe, immediately after the completion of the canvass.

Sec. 49. Inclusion and exclusion cases. - Inclusion and exclusion cases which shall be decided not later than seven before the date of the election shall be within the exclusive original jurisdiction of the municipal or metropolitan trial court.  The notice of such decision shall be served to all parties within twenty-four hours following its promulgation and any party adversely affected may appeal therefrom within twenty-four hours to the regional trial court which shall finally decide the same not later than two days before the date of the election.

Sec. 50. Funding. - Local governments shall appropriate such funds to defray such necessary and reasonable expenses of the members of the board of election tellers, board of canvassers and the printing of election forms and procurement of other election paraphernalia, and the installation of polling booths.

Sec. 51. Penalties. - Violations of any provisions of this Article shall constitute prohibited acts and shall be prosecuted and penalized in accordance with the provisions of this Code.