Resolution No. 9050
IN THE MATTER OF EXEMPTING THE PHILIPPINE NATIONAL POLICE,
THE ARMED FORCES OF THE PHILIPPINES AND OTHER LAW ENFORCEMENT AGENCIES
FROM THE COVERAGE OF SECTIONS 261 (H) AND (R) OF THE OMNIBUS ELECTION CODE
IN CONNECTION WITH THE OCTOBER 25, 2010 BARANGAY AND
SANGGUNIANG KABATAAN ELECTIONS.
Promulgation: 05 October 2010
WHEREAS, Section 261(h) of the Omnibus Election Code (OEC) prohibits any public official who makes or causes any transfer or detail whatever of any officer or employee in the civil service including public school teachers, within the election period except upon prior approval of the Commission on Elections (Commission).
WHEREAS, the Commission recognizes that the Armed Forces of the Philippines (AFP) is an exempt service and does not fall under the civil service law.
WHEREAS, Section 261(r) of the OEC prohibits any person from using during the campaign period, on the day before and on election day, any armored land, water or air craft, provided with any temporary or permanent equipment or any other device or contraption for the mounting or installation of cannons, machine guns and other similar high caliber firearms, including military type tanks, half trucks, scout trucks, armored trucks, of any make or model, whether new, reconditioned, rebuilt or remodeled.
WHEREAS, the Commission has deputized the AFP on September 16, 2010 pursuant to Resolution No. 9025 and the Philippine National Police (PNP) and other Law Enforcement Agencies (LEAs) on September 21, 2010 pursuant to Resolution No. 9035 and prescribed their respective duties and functions to ensure the holding of a free, honest, orderly, peaceful and credible October 25, 2010 Barangay and Sangguniang Kabataan Elections.
WHEREAS, to impose the prohibitions under Sections 261 (h) and (r) of the OEC against the PNP, the AFP and LEAs will unnecessarily limit their movements and capabilities to carry out their mandates as deputies of the Commission.
to GRANT AUTHORITY to the PNP to transfer and/or detail its personnel upon notice to the Commission during the election period; PROVIDED that the transfer and/or detail of its personnel is essential to the proper functioning of the office and shall not in any way influence the conduct of the October 25, 2010 Barangay and Sangguniang KabAtaan Elections; PROVIDED, further, that it shall not involve promotion or the giving of any increase of salary or renumeration or privilege during the election period and; PROVIDED, finally that the authority shall be without prejudice to the applicable Civil Service law, rules and regulations on personnel actions/movements;
to EXEMPT the PNP, AFP and other LEAs as enumerated under Comelec Resolution No. 9035, from the prohibition on the use of any armored land, water or air craft, provided with any temporary or permanent equipment or any other device or contraption for the mounting or installation of cannons, machine guns and other similar high caliber firearms, including military type tanks, half trucks, scout trucks, armored trucks, of any make or model, whether new, reconditioned, rebuilt or remodeled.
This Resolution shall take effect after its publication in two (2) daily newspapers of general circulation.
The Education and Information Department shall cause the publication of this Resolution and The Executive Director shall furnish copies of this resolution to the PNP, AFP and other law enforcement agencies, through their respective heads, the Regional Election Directors, the Provincial Election Supervisors and Election Officers/ Officers-In-Charge, and coordinate with the above-named departments, offices or agencies for the effective implementation thereof.
|(Sgd.) JOSE A.R. MELO|
(Sgd.) RENE V. SARMIENTO
|(Sgd.) NICODEMO T. FERRER
|(Sgd.) LUCENITO N. TAGLE
|(Sgd.) ARMANDO C. VELASCO
ELIAS R. YUSOPH
|(Sgd.) GREGORIO Y. LARRAZABAL
Resolution No. 9050 [.pdf] [350 KB]