COMELEC Resolution No. 7823

WHEREAS, pursuant to the Constitution, the Omnibus Election Code and other election laws, the Commission on Elections may deputize law enforcement agencies and instrumentalities of the government and exercise direct supervision and control over such agencies required by law to perform duties relative to the conduct of elections:

WHEREAS, on 30 November 2006, the Commission promulgated Resolution No. 7767 entitled, “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”;

The posting of campaign materials in public places outside of the designated common poster areas such as streets, bridges, public structures or buildings, trees, electric posts or wires, schools, shrines, main thoroughfares, and the like is prohibited. xxx

WHEREAS, notwithstanding the foregoing prohibition, campaign materials have already proliferated in restricted areas even just a few days into the campaign period for national positions;

WHEREAS, the Commission has determined that the barangay officials, including barangay tanods, of all cities and municipalities, with the supervision of the Department of the Interior and Local Government (DILG), can be valuable partners in implementing Resolution No. 7767, particularly with respect to provisions therein relative to the posting of campaign propaganda materials, with the end in view of ensuring the holding of free, orderly, honest, peaceful and credible national and local elections on 14 May 2007.

NOW, THEREFORE, the Commission on Elections, by virtue of the powers vested in it by the Constitution, the Omnibus Election Code and other related election laws, has RESOLVED, as it hereby RESOLVES, to DEPUTIZE the respective barangay officials and barangay tanods of all cities and municipalities, through the Department of Interior and Local Government, to perform the following specific duties in relation to the conduct of the elections, to wit:

To tear down and remove campaign propaganda materials posted in public places outside the common poster areas;

To tear down and remove illegal campaign materials wherever posted or displayed;

To make a report of said activities done by them; and

To monitor and watch out for persons posting or distributing said unlawful election paraphernalia and to arrest said persons caught in flagrante delicto.

FINALLY, the Secretaryof the Department of Interior and Local Government is hereby DIRECTED to take the necessary steps for the purpose of enforcing this resolution. In addition, he is given the authority to impose the proper administrative sanctions, if warranted.

This resolution shall take effect immediately following its publication in at least two (2) daily newspapers of general circulation in the Philippines.

The Executive Director shall furnish all the deputized officials and/or departments, offices or agencies, through their respective heads, copies of this resolution.

The Education and Information Department shall disseminate this resolution for the information of the public.