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WHEREAS, Section 2, (4) C, Article IX, of the Constitution, has authorized the Commission on Elections to deputize instrumentalities of the government, and with the concurrence of the President, law enforcement agencies, for the purpose of ensuring free, orderly, honest, peaceful and credible elections, plebiscite, and other electoral exercises.
NOW, THEREFORE, the Commission on Elections, by virtue of the powers vested in it by the Constitution, the Omnibus Election Code, the Local Government Code (Republic Act No.7160), Republic Act No. 7166, and other election laws, RESOLVED to promulgate, as it hereby RESOLVES to promulgate as follows:
SECTION 1. Deputation. – The Department of Education; Department of Public Works and Highways; Department of the Interior and Local Government, including their Secretaries; the National Police Commission including its Chairman; and the Philippine National Police (PNP), including its Chief, and all officers and men under him in the Province of Cavite, are hereby deputized by the Commission on Elections (Commission) for the purpose of ensuring free, orderly, honest, peaceful and credible conduct of the January 13, 2007 plebiscite to ratify the merger of Barangays Calabuso North and Calabuso South into a single barangay to be known as Barangay Calabuso.
SECTION 2. Duties and Functions. –
A. The Department of Education (DepEd), as such deputy, shall:
1. Comply with and enforce all orders and instructions of the Commission relative to the plebiscite duties and functions of public school teachers, allow the use of all public school buildings designated as polling places and/or distribution/retrieval centers, and take such other measures as are necessary, in connection with the January 13,. 2007 plebiscite for merger of Barangays Calabuso North and Calabuso South into a single barangay to be known as Barangay Calabuso;
2. Receive all the communications from the Commission or its deputies and transmit them to the Plebiscite Committees (Committees);
3. Supervise public school teachers designated as chairmen and members of the Committees when such occasion arises in accordance with the instruction of the Commission;
4. Receive complaints against any chairman or member of the Committees and transmit the same to the Commission or its representative for appropriate action; and
5. Adopt, jointly with the Election Officer (EO) and the Committees, adequate measures to safeguard plebiscite documents and paraphernalia.
No conference, seminar, or any school activity, which might interfere, restrict or prevent the performance of the plebiscite duties of district school supervisors, school principals and public school teachers, shall be held during the plebiscite period except upon prior written authority from the Commission.
The District Supervisor or School Principal shall immediately report to the EO any chairman or member of the Committee who may be committing any serious irregularity or misbehavior in the performance of his plebiscite duties. The EO shall relieve said chairman or member and appoint the necessary substitute who shall be directed to immediately assume the duties of the relieved chairman/member. The action of the EO shall be promptly reported to the Commission.
Immediately after the plebiscite, the Commission and/or the school officials concerned, shall file against the erring Committee chairman or member the appropriate criminal and/or administrative charges, if any, in accordance with existing laws, rules and regulations of the Commission.
B. The Department of Public Works and Highways shall:
1. Place at the disposal of the Commission their motor vehicles, such as trucks, jeeps, vans, cars and the like and communication facilities, as the Commission may need from time to time especially those presently assigned in Cavite.
Said vehicles shall be used to ferry the personnel of the Commission and of its deputized agencies in the performance of their plebiscite duties, and to transport plebiscite forms, supplies and materials to their places of destination particularly in the areas with inadequate means of transportation.
2. Provide the Commission with a list of available vehicles, together with the drivers assigned to the said vehicles.
These vehicles shall be at the disposal of the Commission immediately at the start until the end of the plebiscite period.
C. The Department of the Interior and Local Government, National Police Commission and the Philippine National Police, as deputies, are hereby placed under the direct control and supervision of the Commission on Elections(Commission), and directed to:
1. Effect no changes, during the plebiscite period, in the assignments of regional, district, city, station and unit commanders and all the PNP personnel under command in Cavite without prior written permission from the Commission.
2. Bring to the attention of each and every member of the PNP in Cavite the following basic considerations:
a.) The conduct of the plebiscite is purely a civilian process which, however, requires the cooperation of PNP, regional, district, city or municipal police forces and agencies; and
b.) Orders issued by the Commission in connection with plebiscite, shall take precedence over and above the orders and directive issued by any other office or agency of the government; Provided, That, nothing herein contained 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 peacekeeping functions of the PNP.
c.) Take steps to protect voters from threats, intimidation, coercion, harassment or reprisal:
d.) Enforce the provision of Section 261 of the Omnibus
Election Code on the following prohibited acts:
(1) Paragraph (m) on appointment or use of special policemen, special agents, confidential agents or the like;
(2) Paragraph (p) on possession of deadly weapons.
(3) Paragraph (q) on carrying of firearms outside residence or place of business.
(4) Paragraph ® on the use of armored, land-water or aircraft;
(5) Paragraph (s), as amended by Section 32 of Republic Act No. 7166, on wearing of uniforms and bearing of arms;
(6) Paragraph (t), as amended by Section 33 of Republic Act No. 7166, on policemen and pr5ovincial guards acting as bodyguards or security guards;
(7) Paragraph (u) on reaction, strike forces or similar forces; and
(8) Ban on dispensing, selling and taking intoxicating liquor.
e) 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;
f) Take steps to prevent private security agencies from acting as private armies of campaigners for terroristic or violent acts against persons in connection with the plebiscite;
g) Enforce specific orders of the Commission to confiscate or tear down prohibited plebiscite propaganda or advertisement; and
h) Perform such other functions and duties or implement such other directives as the Commission may issue.
The PNP Chief shall submit a report of actions taken in accordance with this deputation seven (7) days after the plebiscite.
SECTION 3. Effectivity.– This Resolution shall take effect upon its promulgation.
SECTION 4. Dissemination. The Executive Director shall furnish copies of this Resolution to the Office of the President and Secretaries of the Departments/Agencies herein deputized. The Deputy Executive Director for Operations shall coordinate with the above departments and agencies for effective implementation hereof. The Education and Information Department shall give this Resolution the widest publicity possible.
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