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Pertinent Laws Relative to Elections

RESOLUTION No. 8313
IN THE MATTER OF EXERCISING SUPERVISION AND CONTROL OVER
THE PHILIPPINE NATIONAL POLICE IN CONNECTION WITH THE OCTOBER 29, 2007
SYNCHRONIZED BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS.


Promulgated: 02 October 2007

WHEREAS, Section 52 (b) of Republic Act No. 6975 provides:

 “The City and municipal mayors shall exercise operational supervision and control over the Philippine National Police (PNP) units in their respective jurisdictions except during the thirty (30) days before and thirty days following any national, local or barangay elections.  During the said period, the local police force shall be under the supervision and control of the Commission on Elections.

 

 “The term ‘operational supervision and control’ shall mean the power to direct, superintend, oversee and inspect the police units or forces.  It shall include the power to employ and deploy units or elements of the PNP, through the station commander, to ensure public safety and effective maintenance of peace and order within the locality.  For this purpose, the term ‘employ and deploy’ shall mean as follows:

 

 “’Employ’ refers to the utilization of units or elements of the PNP for purposes of protection of lives and properties, enforcement of laws, maintenance of peace and order, prevention of crimes, arrest of criminal offenders and bringing the offenders to justice, and ensuring public safety, particularly in the suppression of disorders, riots, lawless violence, rebellious or seditious conspiracy, insurgency, subversion or other related activities.

 

 “’Deploy’ shall mean the orderly and organized physical movement of elements or units of the PNP within the province, city or municipality for purposes of employment as herein defined.”

 

WHEREAS, Section 29 of Republic Act No. 6646 provides:

SEC. 29. Designation of Other Dates for Certain Pre-Election Acts. – If it should no longer be reasonably possible to observe the periods and dates prescribed by law for certain pre-election acts, the Commission shall fix other periods and dates in order to ensure accomplishment of the activities so voters shall not be deprived of their right of suffrage.”

 

WHEREAS, in Section 3 of Resolution No. 8300 re: General Instructions on the Conduct of the October 29, 2007 Synchronized Barangay and Sangguniang Kabataan Elections, promulgated on September 13, 2007, the Commission on Elections set the election period to commence on September 29, 2007 and to end on November 13, 2007;  

NOW THEREFORE, the Commission on Elections, by virtue of its power under the Constitution, the Omnibus Election Code, other election laws, and R.A. 6975, RESOLVED, as it hereby RESOLVES, to exercise direct operational supervision and control over the Philippine National Police through the PNP Director General from September 29 to November 13, 2007;

During the said period, decisions, directives, orders and instructions of the Commission on Elections shall prevail over those emanating from any other authority except from the President of the Philippines.

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

Let the Education and Information Department cause the publication of this Resolution in two (2) daily newspapers of general circulation and furnish the Secretary of the Department of Interior and Local Government, the Chief of the Philippine National Police, all provincial governors, city and municipal mayors, copies hereof.