DEPUTATION OF THE DEPARTMENT OF NATIONAL DEFENSE AND THE ARMED FORCES
OF THE PHILIPPINES, THE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT INCLUDING
THE NATIONAL POLICE COMMISSION AND THE PHILIPPINE NATIONAL POLICE, AND OTHER LAW
ENFORCEMENT AGENCIES FOR THE PURPOSE OF ENSURING FREE, ORDERLY, HONEST, PEACEFUL
AND CREDIBLE CONDUCT OF THE MAY 10, 2004 NATIONAL AND LOCAL ELECTIONS
Promulgation: 10 December 2003
WHEREAS, pursuant to the Constitution, the Omnibus Election Code and other election laws, the Commission on Elections may deputize law enforcement agencies and instrumentalities of the government, including the Armed Forces of the Philippines, and exercise direct supervision and control over such agencies required by law to perform duties relative to the conduct of elections;
WHEREAS, there is a need to deputize, with the concurrence of the President of the Philippines, such law enforcement agencies and instrumentalities of the government, including the Armed Forces of the Philippines and to prescribe their duties and functions to ensure the holding of free, orderly, honest, peaceful and credible national and local elections on May 10, 2004;
WHEREAS, the conduct of the elections is a purely and absolutely civilian process which, however, requires the assistance and cooperation of the Armed Forces of the Philippines and other law enforcement agencies and instrumentalities of the government.
NOW, THEREFORE, the Commission on Elections, by virtue of the powers vested in it by the Constitution, the Omnibus Election Code and other related election laws, has RESOLVED to deputize, as it hereby deputizes the following law enforcement agencies and instrumentalities of the government, to perform specific duties relative to the conduct of the elections, as follows:
AND THE ARMED FORCES OF THE PHILIPPINES
The Department of National Defense, its Department Secretary, and Undersecretaries and the Chief of Staff, Armed Forces of the Philippines, the Commanding General of the Philippine Army, the Flag Officer-in-Command of the Philippine Navy, the Commanding General of the Philippine Air Force, and all the officers and enlisted personnel under their respective commands are hereby deputized to ensure free, honest, orderly, peaceful and credible national and local elections on May 10, 2004;
The Secretary of National Defense shall enforce the orders and instructions of the Commission relative to the election duties and functions of the officers and members of the Armed Forces of the Philippines.
The above-named officers of the Armed Forces of the Philippines and their men shall have the following duties and functions as deputies of the Commission:
- Provide security to polling places and to members of the boards of election inspectors, personnel of the Commission and other employees of the government performing election duties;
- Make available certain facilities, such as land, air, and water-craft; communication systems and other equipment, in connection with the delivery and retrieval of election documents, supplies, forms, paraphernalia and equipment;
- Look into the existence of any armed group organized to commit, or which is committing or about to commit, acts of terrorism or threats to intimidate or coerce any person to vote for or against a candidate and to suppress or prevent said acts of terrorism or threats;
- Assist the Commission in effectively implementing election laws and/or rules and regulations, particularly the laws governing prohibition against policemen and provincial guards acting as bodyguards or security guards, use of armored vehicles and air or water-craft, and bearing, carrying or transporting firearms and other deadly weapons in public places;
- Conduct a periodic assessment of the peace and order conditions in critical areas and recommend measures which may be adopted by the Commission in the interest of free, orderly, honest, peaceful and credible elections; and
- Comply with and/or implement directives or resolutions which the Commission may issue or promulgate from time to time.
AND THE PHILIPPINE NATIONAL POLICE
The Secretary of the Department of the Interior and Local Government, National Police Commission and its Commission, the Philippine National Police and its Director General, are hereby deputized in connection with the May 10, 2004 national and local elections, and as such, shall:
- Effect no changes, during the election period, in the assignments of regional, district, provincial, city and station unit commanders and all PNP personnel under his command without the prior written permission of the Commission;
- Direct the officers and enlisted personnel under his command to strictly observe the following duties and functions:
- Provide security to polling places, the members of the boards of election inspectors and the voters whenever the need therefor arises, or whenever the Commission through its Election Officers so requires;
- Provide security to COMELEC personnel and representatives performing duties and functions in connection with the elections whenever a request to this effect is made or when required by the Commission;
- Take steps to protect voters from threats, intimidation, coercion, harassment or reprisal;
- Enforce the following prohibited acts under Section 261 of the Omnibus Election Code:
- Paragraph (m) on appointment or use of special policemen, special agents, confidential agents or the like;
- Paragraph (p) on possession of deadly weapons;
- Paragraph (q) on carrying of firearms outside residence or place of business;
- Paragraph (r) on the use of armored land vehicles, water or air-craft;
- Paragraph (s), as amended by Section 32 of Republic Act No. 7166, on wearing of uniforms and bearing of arms;
- Paragraph (t), as amended by Section 33 of Republic Act No. 7166, on policemen and provincial guards acting as bodyguards or security guards;
- Paragraph (u) on reaction, strike forces or similar forces; and
- Ban on dispensing, selling and taking of intoxicating liquor.
- Take effective measures to prevent members of civilian vigilante units and barangay tanods from engaging in partisan political activities or any act of terrorism, intimidation, coercion, harassment, or reprisal;
- Take steps to prevent private security agencies from acting as private armies of any candidate or as campaigners for terroristic or violent acts against persons in connection with the May 10, 2004 national and local elections;
- Implement strictly the rules and regulations promulgated by the Commission in provinces, cities, municipalities and barangay which may be placed under COMELEC control;
- Enforce specific orders of the Commission to confiscate or tear down prohibited election propaganda or advertisement;
- Perform such other functions and duties or implement such other directives as the Commission may issue from time to time; and
- Render periodic reports on actions taken in accordance with this deputation.
The National Bureau of Investigation, its Director and all agents under him are designated deputies for purposes of the May 10, 2004 national and local elections and, upon prior order of the Commission:
- Deploy its agents to designated places in order to effectively carry out the objective of this resolution, furnishing the Commission with a list of said agents with their respective assignments;
- Direct its agents to arrest any person who violates the provisions of the Omnibus Election Code and other pertinent election laws and the Rules and Regulations promulgated by the Commission;
- Report from time to time to the Commission actions taken by him or his agents pursuant to this resolution; and
- Comply with the orders and directives of the Commission, which shall be given priority over orders and directives from other sources, except the Supreme Court and those issued in habeas corpus proceedings.
The Bureau of Jail Management and Penology and its Director, are hereby designated deputies of the Commission to enforce the following provision of the Omnibus Election Code:
"SEC. 261 (n). Illegal release of prisoners before and after election. The Director of the Bureau of Prisons, any provincial warden, the keeper of the jail or the person or persons required by law to keep prisoners in their custody who illegally orders or allows any prisoner detained in the national penitentiary, or the provincial, city or municipal jail to leave the premises thereof sixty days before and thirty days after the election. The municipal or city warden, the provincial warden, the keeper of the jail or the person or persons required by law to keep prisoners in their custody shall post in three conspicuous public places a list of the prisoners or detention prisoners under their care. Detention prisoners must be categorized as such.",
and to comply with all orders, directives and resolutions, which the Commission may from time to time, promulgate.
Orders issued by the Commission in connection with the May 10, 2004 national and local elections shall take precedence over and above the orders and directives issued by any other office or agency of the government.
However, nothing contained herein shall be construed as in any manner affecting or constituting an impairment of the constitutional powers of the President of the Philippines to conduct and direct the general peace-keeping functions of the Philippine National Police.
This resolution shall take effect seven (7) days following its publication in at least two (2) daily newspapers of general circulation in the Philippines.
The Executive Director shall furnish all the above deputized officials and/or departments, offices, or agencies, through their respective heads, copies of this resolution.
The Education and Information Department shall disseminate this resolution for the information of the public.