RESOLUTION No. 8781
IN THE MATTER OF THE DEPUTATION OF THE DEPARTMENT OF PUBLIC WORKS
AND HIGHWAYS (DPWH) AND THE MANILA DEVELOPMENT AUTHORITY (MMDA)
IN THE IMPLEMENTATION OF RESOLUTION NO. 8758 PROMULGATED
ON 04 FEBRUARY 2010, RELATIVE TO THE REMOVAL, CONFISCATION AND
DESTRUCTION OF PROHIBITED PROPAGANDA MATERIALS NATIONWIDE AND
IN THE NCR, RESPECTIVELY, IN CONNECTION WITH THE MAY 10, 2010
NATIONAL AND LOCAL ELECTIONS.
Promulgation: 17 February 2010
WHEREAS, it has become the practice of some government officials to post/put up streamers, posters; leaflets and signs along finished projects announcing that said projects were accomplished through their efforts as well as advertisement billboards;
WHEREAS, it has been observed that during past political exercises, these streamers, posters, leaflets, signs and advertisement billboards were not removed and the persons whose names or pictures appear therein eventually run for public office;
WHEREAS, in addition to these streamers, posters, leaflets, signs and advertisement billboards, illegal propaganda materials are posted all over public places which are not authorized poster areas under Republic Act No. 9006 and its implementing resolution;
WHEREAS, Sec. 27 of Comelec Resolution No. 8758, promulgated on 04 February 2010, entilled: "Rules and Regulations Implementing Republic Act No. 9006, otherwise known as the 'Fair Election Act', In relation to the May 10, 2010 National and Local Elections," provides:
"SEC. 27. Removal, Confiscation, or Destruction of Prohibited Propaganda Materials. - Any prohibited form of election propaganda materials shall be summarily stopped, confiscated, removed, destroyed, or torn down by the representatives of the Commission, at the expense of the candidate, political party, party-list group, organization, and/or coalition thereof, or person responsible for the prohibited election propaganda materials.
"Any person, political party, party-list group, organization, and/or coalition thereof, association, agency, office, bureau or department of the government may file with the Commission, through its field office, a petition to confiscate, remove, destroy and/or stop the distribution of any propaganda material on the ground that the same is offensive to public morals, libelous, illegal, prohibited, subversive or irrelevant to the election issues.
"The Commission, after summary hearing, shall resolve the petition within six (6) hours from the time it is submitted for decision. Where the parties concerned cannot be contacted or are unknown or refuse to appear at the hearing, the Commission may decide the petition ex parte.
"The Commission may, motu proprio, irrimediately order the removal, destruction and/or confiscation of any prohibited propaganda material, or those materials which contain statements or representations that are illegal, prohibited, patently libelous, offensive to public morals, subversive or which tend to incite sedition or rebellion."
NOW, THEREFORE, the Commission on Elections, pursuant to the powers vested in it by the Constitution, the Omnibus Election Code, Republic Act No. 9006 and other related laws election laws, RESOLVED, as it hereby RESOLVES, to promulgate this resolution deputizing the Department of Public Works and Highways (DPWH) and the Metro-Manila Development Authority (MMDA) to remove and tear down any and all forms of prohibited election propaganda materials.
SECTION 1. The DPWH and the MMDA are hereby deputized to assist the Commission in removing and tearing down all unlawful election materials. The deputation of the DPWH shall be nationwide while that of the MMDA shall limited to Metro Manila only.
SEC. 2. In compliance with said deputation, the representative of the Secretary of the DPWH or of the Chairman of the MMDA, in case of the NCR, shall sit as the Third Member of the Task Force created under Sec. 28 of Comelec Resolution No. 8758 which reads thus:
"SEC. 28. Creation of Task Force to Tear Down and Remove Unlawful Election Materials. - There is hereby created a task force to tear down and remove all unlawful election materials composed of the Election Officer as Chairman, the Station Commander of the PNP (Chief of Police) as Vice Chairman, and a third member belonging to any of the deputized agencies of the Commission."
SEC. 3. For purposes of the foregoing, the DPWH and the MMDA shall provide the facilities and/or equipments necessary in the tearing down of illegal propaganda materials.
SEC. 4. This Resolution shall take effect on the seventh day after its publication in two (2) daily newspapers of general circulation.
SEC. 5. Dissemination. - The Education and Information Department shall cause the publication of this Resolution in at least two (2) newspapers of general circulation, and furnish copies thereof to all field offices of the Commission, and to the presidents or secretaries of all registered political parties, and the party-list groups, organizations, and/or coalitions thereof, candidates, mass media entities, and deputized offices.
SO 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 |
Posted: 02.22.2010 LTO
