WHEREAS, on December 16, 2009 the Commission promulgated Comelec Resolution No. 8714, entitled "RULES AND REGULATIONS ON THE: (1) BEARING, CARRYING OR TRANSPORTING OF FIREARMS OR OTHER DEADLY WEAPONS; AND (2) EMPLOYMENT, AVAILMENT OR ENGAGEMENT OF THE SERVICES OF SECURITY PERSONNEL OR BODYGUARDS, DURING THE ELECTION PERIOD FOR THE MAY 10, 2010 NATIONAL AND LOCAL ELECfIONS", providing the rules and regulations to implement Sections 32 and 33 of Republic Act. 7166 in connection with the conduct of the May 10, 2010 national and local elections;

WHEREAS, Section 6 of Comelec. Resolution No. 8714 provides:

       "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.

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WHEREAS, on December 29, 2009 the Commission promulgated Comelec Resolution No. 8737, entitled "IN THE MATTER OF ENFORCING THE PROHIBITIONS AGAINST APPOINTMENT OR HIRING OF NEW EMPLOYEES, CREATING OR FILLING OF NEW POSITIONS, GIVING ANY SALARY INCREASE OR TRANSFERRING OR DETAILING ANY OFFICER OR EMPLOYEE IN THE CIVIL SERVICE AND SUSPENSION OF ELECTIVE LOCAL OFFICIALS, IN CONNECTION WITH THE MAY 10, 2010 NATIONAL AND LOCAL ELECTIONS", providing the rules to implement the provision of Section 261, subsections (g), (h) and (x) of the Omnibus Election Code;

WHEREAS, Section 1 of Comelec Resolution No. 8737 provides:

SECTION 1. Prohibited acts

1. During the election period from January 10, 2010 to June 09, 2010, no public official shall, except upon written authority of the Commission:
1. Make or cause any transfer or detail whatsoever of any officer or employee in the Civil service, including public school teachers. 'Transfer' as used in this provision shall be construed as any personnel movement from one government agency to another or from one department, division, geographical unit or subdivision of a government agency to another with or without the issuance of an appointment.



xxx"

WHEREAS, there is a need for the PNP, AFP and the NBI to transfer or detail its personnel as security personnel or bodyguards of a candidate to public office, including incumbent public officer, and private individual for the duration of the election period pursuant to Section 6 of Comelec Resolution No. 8714;

WHEREAS, such transfer or detail of personnel by the PNP, AFP and the NSI must be authorized by the Commission pursuant to Section 1 of Comelec Resolution No. 8737;

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) and other election laws, the Commission RESOLVED, as it hereby RESOLVES, to authorize the PNP, AFP and the NBI to transfer or detail its personnel pursuant to Section 6 of Comelec Resolution No. 8714. For this purpose, to exempt the PNP, AFP and the NBI from the prohibition on movement or reassignment of personnel pursuant to Section 1 of Comelec Resolution No. 8737; Provided, that said agencies shall submit to the Commission a report on said personnel movement through the Committee on the Ban on Firearms and Security Personnel (CBFSP).

Let the Education and Information Department cause the publication of this resolution in two (2) newspapers of general circulation.

SO ORDERED.