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WHEREAS, after the holiday season,there is a proliferation of streamers,posters and leaflets of incumbent elected officials and known personalities containing their Christmas and New Year greetings to their constituents;
WHEREAS, it has also become the practice of some government officials to erect signs along finished projects announcing that said project was accomplished through their efforts;
WHEREAS, it has been observed that during past political exercises, these streamers, posters, leaflets and signs were not removed and the persons whose names or pictures appear therein eventually run for public office;
WHEREAS, in addition to these streamers, posters, leaflets and signs, illegal propaganda materials are posted all over public places which are not authorized poster areas under Republic Act No. 9006 and its implementing resolution;
WHEREAS, Sec. 31 of Comelec Resolution No. 7767 “Rules and Regulations Implementing Republic Act No. 9006, otherwise known as the “Fair Election Act”, in relation to the May 14, 2007 Synchronized National and Local Elections, provides:
“Sec. 31. Removal of Premature Campaign Materials. – All materials such as posters, streamers, stickers or paintings on walls and other materials showing the picture, image or name of a person, and all advertisements on print, in radio or in television showing the image or mentioning the name of a person, who subsequent to the placement or display thereof becomes a candidate for public office shall be immediately removed by said candidate and radio station, print media or television station within three (3) days after the effectivity of these implementing rules; otherwise he and said radio station, print media or television station shall be presumed to have conducted premature campaign in violation of Sec. 80 of the Omnibus Election Code.”
NOW THEREFORE, the Commission on Elections, pursuant to the powers vested in it by the Constitution, the Omnibus Election Code, Republic Act No. 9006 and other election laws, RESOLVED, as it hereby RESOLVES, to promulgate this resolution to deputize the Metro-Manila Development
Authority (MMDA) to remove and tear down streamers, posters, leaflets and signs containing the names or pictures of candidates and other illegal propaganda materials of candidates.
SECTION 1. The Metro-Manila Development Authority is hereby deputized during the campaign period to assist the Commission to remove and tear down all unlawful election materials in the National Capital Region.
It shall have the following duties and functions:
1. To tear down and remove campaign materials posted in public places outside the common poster areas;
2. To tear down and remove illegal campaign materials whenever posted or displayed;
3. To monitor and watch out for persons posting or distributing said unlawful election paraphernalia and to arrest said persons caught in flagrante delicto;
4. To make a report of said activities done by them. In case the illegal campaign materials are posted in private places, the report shall include the owner or residents of the private place or residence.
SECTION 2. In compliance with said deputation,the Metro-Manila Development Authority shall coordinate with the Election Officer of the city/municipality concerned. It may seek the assistance of the Philippine National Police and other law enforcement agencies.
SECTION 3. This resolution shall take effect on the seventh day after its publication in two (2) daily newspapers of general circulation.
SECTION 4. Dissemination. – The Education and Information Department shall cause the publication of this resolution in at least two (2) newspapers of general circulation, and furnish copies thereof to all field officers
of the Commission, and to the presidents or secretaries of all registered political parties, and the party-list groups, organizations, and/or coalitions thereof, candidates, mass media entities, and deputized offices.
SO ORDERED.
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