WHEREAS, the Omnibus Elections Code of the Philippines provides:

“SEC. 261.  Prohibited Acts. – The following shall be guilty of an election offense:

xxx                                xxx                                    xxx

    (dd) Other  prohibitions:

    (1)Any person who sells, furnishes, offers, buys, serves or takes intoxicating liquor on the days fixed by law for the registration of voters in the polling place, or on the day before the election or on election day: Provided, That hotels and other establishments duly  certified by the Department of Tourism as tourists oriented and habitually in the business of catering to foreign tourists may be exempted for justifiable reasons upon prior authority of the Commission: Provided, further, That foreign tourists taking intoxicating liquor in said authorized hotels or establishments are exempted from the provisions of this subparagraph.”

WHEREAS,  violation of said prohibited acts is punishable with imprisonment of not less than one year but not more than six years and shall not be subject to probation, and in addition, the guilty party shall suffer disqualification to hold public office and deprivation of the right of suffrage;

NOW, THEREFORE, the Commission on Elections (Commission) pursuant to the powers vested in it by the Constitution, the Omnibus Election Code and other election laws has RESOLVED, as it hereby RESOLVES, to promulgate the following implementing rules and regulations:

SECTION 1. Prohibited Acts. - It shall be unlawful for any person, including owners and managers of hotels and other establishments to sell, furnish, offer, buy, serve or take intoxicating  liquor anywhere in the Philippines.

SECTION 2. Prohibited Period. –The liquor ban shall take effect on the day before the election (May 13, 2007) and on the day of election (May 14, 2007).

SECTION 3. Exemption. – Hotels and other establishments duly certified by the Department of Tourism as tourist-oriented and habitually in the business of catering to foreign tourists may be exempted for justifiable reasons from the liquor ban,  provided they secure prior written authority from the COMELEC officers enumerated in Sec. 4 hereof.

Only foreign tourists taking intoxicating liquor in said authorized hotels or establishments are exempted from the prohibition.

SECTION 4. Where to apply for and secure exemption. – Applications for exemption together with supporting documents, shall be filed with, and duly acted upon by the following:

1. Regional Election Director of the NCR, with respect to hotels and other establishments located in the National Capital Region;



2. Provincial Election  Supervisors, with respect to hotels and other establishments located in the municipalities within their respective provinces; and



3. City Election Officers, with respect to hotels and other establishments located within their respective cities/districts.

SECTION 5. Conditions for the grant of exemption. – Exemption may be granted only upon compliance and submission of the following:

1. A request/petition/application for exemption which must be under oath and   which must contain a statement that the hotel/establishment operator/owners have not been convicted of an election offense;



2. A certification by the Department of Tourism that the hotel or establishment:

1. Is tourist-oriented and is habitually in the business of catering to foreign tourists;



2. Is currently licensed to do business; and



3. Has paid the required taxes and/or fees imposed by the government or any of its agencies or instrumentalities.

SECTION 6. Revocation of exemption. – The exemption granted may be revoked or withdrawn by the Commission upon petition of any interested party on showing, among others, that the reason upon which the exemption was made does not exist or is not justifiable, or that the requesting party or applicant has committed misrepresentation in the application, or introduced or submitted falsified documents.

SECTION 7. Who shall implement. – The Philippine National Police (PNP), National Bureau of Investigation, Regional Election Directors, Assistant Regional Election Directors, Provincial Election Supervisors, and Election Officers, shall implement this Resolution.

SECTION 8. Effectivity. – This Resolution shall take effect on the seventh day after its publication in two (2) daily newspapers of general circulation in the Philippines.

SECTION 9. Dissemination. – The Education and Information Department shall cause the publication of this Resolution in two (2) daily newspaper of general circulation, and shall furnish copies thereof to the Department of tourism, Association of Hotels and Restaurants, Regional Election Directors, Provincial Election Supervisors, Election Officers, the Philippine National Police, and the National Bureau of Investigation.

SO ORDERED.