Key LS Personnel

Acting Director , LS

: PSSUPT ROEL B OBUSAN

ActingChief of Staff

: PSSUPT ORLANDO T MELCHOR

Acting Chief, Legal Assistance

Division

: PSUPT SOVER DC GONTING

Acting Chief, Legal Research and

Evaluation Division

: PSUPT ANSELMO E ANDAYAN

January 2016
Special Issue

Election Laws and Other COMELEC Issuances

Acting Chief,
Administrative and Resource and
Management Division

: PSUPT ROMAN E LORETO

Acting Chief, Special Cases Division

: PSUPT ELLA CRISTINA B CULANGEN

Acting Chief , Litigation Division

: PSUPT LEJOE C CAMPOS

Supervisor, Panyerong
Pulis @ Ur Serbis 24/7

: PSINSP ANNA LUISA A CENTINO

The
Commission
on
Elections
(COMELEC), pursuant to its power
vested by the Constitution, the
Omnibus Election Code, Republic Act
No. 9369, and other election laws,
issued Resolution No. 9981 prescribing,
among others, the prohibited acts
which must be avoided not only by
the candidates for National and Local
elective positions but also by ordinary
individuals in order to ensure the
conduct of an honest, orderly, clean,
credible and peaceful National and
Local elections this May 9, 2016. The
http://www.comelec.gov.ph/
COMELEC further issued Resolution No.
10015 promulgating the rules and
regulations on (1) the ban on bearing, carrying or transporting of firearms
or other deadly weapon, and (2) the employment, availment or
engagement of the services of security personnel or bodyguards, and
COMELEC Resolution No. 10029, which deals with the establishment and
operation of COMELEC checkpoints and with the authority of Chiefs of
Police in cities and municipalities to conduct preliminary examination on
violation of bans on forearms, other deadly weapons and security
personnel.

Thus, a Legal Advisory simplifying the mentioned COMELEC

issuances to serve as guide to our Philippine National Police (PNP)
personnel in enforcing election law and COMELEC issuances for the entire
election period.

b.
involves Provincial, City/Municipal Treasurers and School
Division Superintendents and Assistant Superintendents;
c.
transfer or detail is inter-regional.
2. The Office of the Regional Election Director
a.
for field offices of including the NCR;
b.
All other officers and employees.

TRANSFER, HIRING and PROMOTION

(COMELEC Resolutions Nos. 9981 dated August 15, 2015
and 10030 dated December 22, 2015)

2. Appointment of new employees, creation of new position,

promotion, and salary increases

Hereunder are the prohibited activities in relation to personnel during

the election period (January 10, 2016 to June 8, 2016):

Period covered

1. Transfer of Officers and Employees in the Civil Service

Period covered
January 10 June 8,
2016

Prohibited activity
Transfer or detail of any
officer or employee in
the civil service,
including public school
teachers

Exemption

Q:
How to request for authority to transfer, move, or detail a civil
servant during the election period?
A:

1. Written request in two original copies including attachments;

2. State all pertinent information (i.e. office and place to which the
officer or employee is proposed to be transferred or detailed, etc.)
and reasons for such movement; and
3. Submit a soft copy of the request in MS Word format saved in USB
or CD.

Q:

Where to file such request?

A:

1. COMELEC Law Department

a.
official station is central or main offices of national
government agencies and GOCCs;
2

March 25 - May 8,
2016

With prior authority

from COMELEC

Prohibited activity
1. Appoint or hire any
new employee.
2. Create and fill any
new position
3. Promote or give any
increase of salary,
enumeration or
privilege.

Exemption
With prior authority
from COMELEC

No exemption

Q:

How to request for authority to appoint or hire new employees?

A:

1. Written request in two original copies including attachments;

2. State all pertinent information (i.e. name of appointee, position,
salary, etc.) and reasons for such authority; and
3. Submit a soft copy of the request in MS Word format saved in USB
or CD.

Q:

Where to file such request?

A:
1. COMELEC Law Department for central or main offices of
national government agencies and GOCCs.
2. The Office of the Regional Election Director for field or local offices of
national government agencies and GOCCs.
3

5. The position shall not be filled in any manner that may influence
the election.

Q:
What are the requirement/s to create/fill new position, where and
how to file:
A:

Written request to be submitted at COMELEC Law Department.

Q:

When is request for authority not necessary?

A:
Renewal of appointments of temporary, casual, substitute and
contractual personnel. However, the complete list of such employees must
still be submitted to the COMELEC Law Department.
Q:
In case of urgent need to appoint or hire new employees, what
should be done?

Note: Appointment to a position which was vacant for more that 60 days
requires prior written authority from the COMELEC.
Note: The Civil Service Commission is enjoined not to approve the
appointment of new employees without prior written authority from the
COMELEC.
Note: Continuing authority to hire new employees from March 25 May 8,
2016 and transfer government employees from January 10 June 8, 2016 is
granted to the following government agencies:
1. The President of the Philippines;
2. Supreme Court, Court of Appeals, Sandiganbayan, Court of Tax
Appeals, and lower courts including SET and HRET;
3. PNP; and
4. Armed Forces of the Philippines (AFP).

A:
If an employee was already hired without prior authority from
COMELEC, the requesting office shall:
Notify the Commission thru the Law Department in writing within 3
days from the date of appointment or hiring stating
-exact date of appointment
-cause of vacancy
-reason for appointment/hiring
-all other necessary data or information
Q:
What are the instances where the hiring or appointment of new
employee be considered urgent?
A:

1. Position to be filled is essential to the proper functioning of the

office or agency concerned;
2. The position to be has been vacated either by death, retirement,
resignation, promotion or transfer of the regular incumbent;
3. The appointment is issued within 60 days from occurrence of the
vacancy;
4. The vacancy cannot be filled by promotion or transfer of insiders
within the same period; and

Q:

What are the conditions for the grant of such continuing authority/

A:

The hiring of new employees and/or transfer:

1. is essential to the proper functioning of the office and shall
not influence the 2016 Elections;
2. not to involve promotion or giving of increase in salary or
allowance;
3. authorization is prospective in application;
4. should notify the Commission in writing.

Note: The grant of authority for other agencies must be thru written
request subject to approval of the Commission En Banc.
3. Suspension of Elective Provincial, City, Municipal or Barangay
Officer

Period covered
January 10 June 8,
2016

Prohibited activity
1. Suspension of
Elective Provincial, City,
Municipal or Barangay
Officer

Exemption

Note: No prior approval is required if suspension will be for purposes of

applying Anti-Graft and Corrupt Practices Act.
Note: The onset of the elections will not lift any suspension already being
served.
LIMITATIONS on CAMPAIGNING
(COMELEC Resolution No. 9981 dated August 15, 2015)
COMELEC Resolution No. 9981 prescribed the calendar of activities
as well as the prohibited acts in connection with the May 9, 2016 national
and local elections. It sets out the dates when campaigning is not allowed.
Q:

What is election campaign?

A:
The term "election campaign" or "partisan political activity" refers to
an act designed to promote the election or defeat of a particular
candidate or candidates to a public office which includes:
-Forming organizations, associations, clubs, committees or other
groups of persons for the purpose of soliciting votes and/or
undertaking any campaign for or against a candidate;
-Holding political caucuses, conferences, meetings, rallies,
parades, or other similar assemblies, for the purpose of soliciting
votes and/or undertaking any campaign or propaganda for or
against a candidate;
-Making speeches, announcements or commentaries, or holding
interviews for or against the election of any candidate for public
office;
6

-Publishing or distributing campaign literature or materials

designed to support or oppose the election of any candidate; or

With prior authority

from COMELEC
No exemption

-Directly or indirectly soliciting votes, pledges or support for or

against a candidate. (Section 79(b), OEC)
Q:
What is the campaign period for candidates for President, VicePresident, Senator and party-list groups participating in the party-list system
of representation?
A:
February 09, 2016 (Tuesday) to May 07, 2016 (Saturday) (Section 5
(a) RA no. 7166 and Section 4, RA No. 7941).
Q:
What about for candidates for Member of the House of
Representatives, provincial, city and municipal officials?
A:
March 25, 2016 (Friday) to May 07, 2016 (Saturday) (Section 5 (b), RA
No. 7166).
Q:

When does campaigning become a prohibited act?

A:
When a candidate engages in election campaign or partisan
political activity on the dates specified by the COMELEC when
campaigning is prohibited.
The dates where campaigning is prohibited are on March 24, 2016
(Holy Thursday), March 25, 2016 (Good Friday), May 08, 2016 (Sunday;
election eve), and May 09, 2016 (Monday; election day). Campaigning
abroad is prohibited on April 09, 2016 (8:00 o clock a.m. of host country
time) to May 09, 2016 (7:00 oclock p.m., PHL time) (Sec. 22, RA No. 10590).
Q:
What case/s could be filed against those who will engage in illegal
campaign?
A:
Violation of Section 5, RA No. 7166 in relation to Section 64 of the
OEC.
7

VOTE-BUYING, VOTE-SELLING
(OMNIBUS ELECTION CODE)
COMELEC Resolution No. 9981 in relation to the Omnibus Election
Code enumerates the prohibited acts and Vote-buying
Q:
Mr. Offeror is a candidate for Congressman. He offered and gave
money to Mr. Acceptor in exchange for his vote during the election. Is Mr.
Offeror liable for any offense?
A:
Yes. Mr. Offeror is liable for Vote-buying under Section 261 of the
Omnibus Election Code (OEC).
Q:
If it was Mr. Conspirator who offered and gave the money to Mr.
Acceptor instead of Mr. Offeror, the candidate for Congressman, is Mr.
Conspirator also liable for any offense?
A:
Yes, Mr. Conspirator, although not a candidate, is also liable for
vote-buying because vote-buying is committed by any person who gives,
offers or promises money or anything of value, gives or promises any office
or employment, franchise or grant, public or private, or makes or offers to
make an expenditure, directly or indirectly, or cause an expenditure to be
made to any person, association or corporation, entity or community in
order to induce anyone or the public in general to vote for or against any
candidate or withhold his vote in the election, or to vote for or against any
aspirant for the nomination or choice of a candidate in a convention or
similar selection process of a political party.
Q:
If Mr. Acceptor received the money and voted for Mr. Offeror, is Mr.
Acceptor liable for any offense?
A:

Yes. Mr. Acceptor is liable for vote-selling.

Q:
If Mr. Acceptor received the money but did not vote for Mr. Offeror,
is he still liable for any offense?

A:
Yes. He will still be liable for vote-selling pursuant to the above-cited
definition. However, pursuant to the case of COMELEC vs Tagle, G.R. Nos.
148948 & 148951-60, February 17, 2003, Mr. Acceptor may choose to seek a
grant of immunity. In the said case, there was a grant of immunity from
criminal liability in favour of the party whose vote was bought in order to
encourage the acceptor to come into the open and denounce the
culprit-candidate.
Thus, it was promulgated in the said case that: The giver, offeror,
the promisor as well as the solicitor, acceptor, recipient and conspirator
referred to in paragraphs (a) and (b) of Section 261 of the OEC shall be
liable as principals: Provided that any person, otherwise guilty under said
paragraphs who voluntarily gives information and willingly testifies on any
violation thereof in any official investigation or proceeding shall be exempt
from criminal prosecution and punishment for the offenses with reference
to which his information and testimony were given: Provided further, that
nothing herein shall exempt such person from criminal prosecution for
perjury or false testimony.
Q:
Mr. Solicitor went to Mr. Offeror, a candidate for Congressman,
asking for a position in his office as a janitor in case he wins the election. In
exchange for the favour, Mr. Solicitor promised to vote for Mr. Offeror, to
which the latter agreed. Is Mr. Solicitor liable for any offense?
A:
Yes. Mr. Solicitor is liable for vote-selling pursuant to Section 261 (a)
(2) of the OEC which prohibits any person, association, corporation, group
or community who solicits or receives directly, indirectly, any expenditure or
promise of any office or employment, public or private, in order to vote for
or against a candidate.
Q:
What are the necessary documents for an investigation regarding
vote-buying and vote-selling to proceed?
A:
The presentation of a complaint for violations of paragraph (a) or
(b) of Section 261 of the OEC supported by affidavits of complaining
witnesses attesting to the offer or promise by, (or the voters acceptance
9

of money or other consideration from,) the relatives, leaders or

sympathizers of a candidate, shall be sufficient basis for an investigation to
be immediately conducted by the COMELEC, directly or through its duly
authorized legal officers.
BAN of FIREARMS and AMMUNITION
(COMELEC Resolution No. 10015 dated November 13, 2015)
Under COMELEC Resolution No. 10015, it is prohibited to bear, carry or
transport firearms outside ones residence or place of business, and in all
public places, including any building, street, park, and in private vehicles
or public conveyances, even if that person is licensed or authorized to
possess or to carry the same, unless authorized by the COMELEC, through
the Committee on the Ban on Firearms and Security Personnel (CBFSP) for
the period of January 10, 2016 to June 8, 2016.
Any permit to carry firearms outside residence (PTCFOR), Letter Order
(LO) or Mission Order (MO) issued by the Chief, PNP, the Chief of Staff of
the AFP, the Commanding General or Flag Officer in Command of the
Different Branches of the AFP and their sub-units, or their duly authorized
representatives, or any other head of government law enforcement
agency are hereby declared suspended, ineffective, and without force
and effect during the election period, unless properly covered by a
Certificate of Authority duly issued by the COMELEC through CBFSP.
Same COMELEC Resolution prohibits the transport and delivery of
firearms parts, ammunition and/or its components, and explosives and/or
its components, unless authorized by the COMELEC through the CBFSP.
Q:

included in the term Firearms.

Q:

What is ammunition?

A:
The complete unfired unit consisting of a bullet, gunpowder,
cartridge case and primer or loaded shell for use in any firearm.
Q:
Mr. A is a vendor of replicas and imitations of airsoft guns and
airguns. Is he allowed to sell during election period without violating any
law?
A:
No. As provided under COMELEC Resolution No. 10015, the term
firearm includes airguns, airsoft guns, and replicas/imitations of firearms in
whatever form that can cause an ordinary person to believe that they are
real. Hence, Mr. A may be held liable for violating the election gun ban if
he sells the aforementioned things during the election period.
Q:
Mr. X is a businessman who owns a licensed .45 cal pistol and
covered only by a PTCFOR. On the day of the national election, he was
found in possession of said firearm tucked on his waist while on the way to
his office. Is he guilty of an election offense?
A:
Yes. His act is one of the acts punishable under Section 261 (q) of
the Omnibus Election Code (OEC) which prohibits any person who,
although possessing a PTCFOR, carries a firearm outside residence or place
of business during the election period without being authorized in writing
by the Commission on Elections (COMELEC).
Q:

What is meant by residence or place of business?

A:
The location where the firearm/s shall be kept as indicated in the
firearms registration card.

What is a firearm?

A:
A firearm is any handheld or portable weapon that expels or is
designed to expel a bullet, shot, slug, missile or any projectile. The barrel,
frame or receiver is considered a firearm.

Q:
If the licensed firearm was found in the car driven by Mr. X while on
his way to the office, will he still be liable for an election offense?

Imitation firearms (replicas), airguns and airsoft guns are also deemed
10

11

A:
Yes. A motor vehicle, water or air craft are not considered as
residence or place of business or an extension thereof.
How about if the firearm of Mr. X is a loose firearm, what is he liable

Q:
Mr. T was on his way home when he was stopped at a COMELEC
checkpoint. He alighted from his car and spoke with the police officers
manning the checkpoint. Consequently, a gun was seen tucked on his
waist. Is the plain view doctrine applicable in this case?

A:
He is liable for violating Section 261 (q) of the Omnibus Election
Code (election gun ban).

A:
Yes. Under the plain view doctrine, objects falling in the plain
view of an officer who has right to be in the position to have that view are
subject to seizure and may be presented as evidence.

Q:
of?

Q:
Is Mr. X, who was found in possession of a loose firearm in a
COMELEC checkpoint, likewise liable under RA No. 10591 or the
Comprehensive Firearms and Ammunitions Regulation Act?
A:
Not anymore. In the case of Madrigal vs. People, G.R. No. 182694,
August 13, 2008, Madrigals conviction on the case of illegal possession of
firearm was reversed and set aside by the Supreme Court in view of the
fact that another crime, that is: violation of the election gunban, was
committed at the same time (that he was alleged to have committed
illegal possession of firearm).
Note: Madrigals conviction on his election gunban case was affirmed by
the Supreme Court.
Q:
If the licensed firearm of Mr. X was found in his possession on June 9,
2016, is he still liable?
A:
No. Since his firearm is licensed and covered by a valid permit, he
could not be liable anymore for an election offense. The prohibition on the
election gun ban is only applicable during election period which is from
January 10, 2016 to June 8, 2016.
Q:
If a loose firearm is recovered during the implementation of a
Search Warrant, what charge may be filed?
A:

Violation of RA No. 10591.

12

The plain view doctrine applies when the following requisites

concur: a) the law enforcement officer in search of evidence has a prior
justification for an intrusion or is in a position from which he can view a
particular area; b) the discovery of the evidence in plain view is
inadvertent; and c) it is immediately apparent to the officer that the item
he observes may be evidence of a crime, contraband or otherwise subject
to seizure.
Q:
Who may be given authority by the COMELEC to bear, carry, or
transport firearms?
A:

1. Government officials and employees enumerated in Annex A.

2. Cashiers and disbursing officers or persons who by the nature of

their official duties, profession, business or occupation habitually carry large
sum of money or valuables. Provided, that, when in the possession of
firearms, they are: a) currently employed under the conditions above; b) in
the actual performance of his official duties; c) in possession of the
Certificate of Authority and other firearms licenses; and, d) carrying a
maximum of two firearms; and
3. Members of Private Security Service Providers (PSSPs). Provided,
that, when in the possession of firearms, they are: a) in the agencyprescribed uniform with agency-issued identification card prominently
displayed and visible at all times; b) in possession of a valid License to
Exercise Security Profession, Duty Detail Order, and valid firearm license of
the agency; c) deployed by an agency duly licensed by the PNP; d) In
actual performance of duty at his specified area of duty; and, e) carrying
one small firearm, unless allowed otherwise.
13

Q:
What are the Certificates of Authority that are being issued by the
COMELEC through CBFSP?
A:
The following are the Certificates of Authority issued by the
COMELEC through the CBFSP:
1.Certificate of Authority Cashier/Disbursing Officer (CA-C/DO)
refers to the Certificate of Authority to bear, carry or transport firearms or
other deadly weapons issued to qualified cashiers/disbursing officers or
persons who by the nature of their official duties, profession, business or
occupation habitually carry large sums of money or valuables.
2. Certificate of Authority-Law Enforcement Agency (CA-LEA)
refers to the Certificate of Authority to bear, carry or transport Firearms or
deadly weapons issued to the PNP, the AFP and the Law Enforcement and
Security Personnel of other Government Departments, Agencies, Offices,
Bureaus, Commissions, Tribunals and Government-Owned and Controlled
Corporations.
3. Certificate of Authority-Security Agency (CA-SA) refers to the
Certificate of Authority to bear, carry or transport firearms or other deadly
weapons issued to qualified Private Security, Investigative and Protective
Agencies for their security personnel.
4. Certificate of Authority- Security Details (CA-SDs) refers to the
Certificate of Authority to employ, avail or engage the services of security
personnel or bodyguard issued to qualified public officials and/or private
individuals.
5. Certificate of Authority to Transport (CA-TTs) Certificate of
Authority to transport or deliver Firearms and/or its parts, Ammunition
and/or its components, and, Explosives and/or its components issued to
qualified applicants/persons.
Q:

What is a Temporary Authority- Security Detail (TA-SDs)?

14

A:
It is the Temporary Certificate of Authority to employ, avail or
engage the services of security personnel or bodyguard issued by the
Regional Joint Security Control Center (RJSCC) to qualified public officials
and private individuals. It is valid for a period of thirty (30) days only.
Q:
What are the rules to be observed by the security personnel or
bodyguard of persons issued with Certificate of Authority-Security Details
(CA-SDs)?
A:
When in the possession of Firearms, the security personnel or
bodyguard must be:
1.
in his prescribed uniform;
2.
in the actual performance of his duties;
3.
The security personnel or bodyguard must be employed by
a duly licensed private security service provider and is qualified to perform
or provide personal security protection to private persons or individuals
entitled to protection; and
4.
carrying one (1) small firearm, unless specifically allowed
otherwise under existing laws, rules and regulations.
BAN on DEADLY WEAPONS
(COMELEC Resolution No. 11015 dated November 13, 2015)
Under COMELEC Resolution No. 10015, it is prohibited to bear, carry or
transport deadly weapons outside ones residence or place of business,
and in all public places, including any building, street, park, and in private
vehicles or public conveyances, even if that person is licensed or
authorized to possess or to carry the same, unless authorized by the
COMELEC, through the CBFSP for the period of January 10, 2016 to June 8,
2016.
Q:

What is a deadly weapon?

A:
All types of bladed instruments, hand grenades or other explosives,
except pyrotechnics.

15

Q:
Is there an exception to the ban on bladed weapon, meaning, the
bearing, carrying and transporting is allowed even without COMELEC
authority?
A:
Yes. When possession of the bladed instrument is necessary to the
occupation of the possessor or when it is used as a tool for a legitimate
activity.
Q:

What is an explosive?

COMELEC Resolution No. 10015 prohibits the employing or

engaging the services of security personnel or bodyguards, whether or not
such security personnel or bodyguards are regular members or officers of
the PNP, the Armed Forces of the Philippines (AFP), other law enforcement
agency of the government or from a private security service provider,
unless authorized by the COMELEC, through the CBFSP.
Q:

A:
An exploding substance or agent, including the components and
raw materials thereof, as defined under pertinent laws.
Q:
Who may be given authority by the COMELEC to bear, carry, or
transport deadly weapons?
A:

BAN ON BODYGUARDS
(COMELEC Resolution No. 10015 dated November 13, 2015)

1. Government officials and employees enumerated in Annex A.

2. Cashiers and disbursing officers or persons who by the nature of

their official duties, profession, business or occupation habitually carry large
sum of money or valuables. Provided, that, when in the possession of
firearms, they are: a) currently employed under the conditions above; b) in
the actual performance of his official duties; c) in possession of the
Certificate of Authority and other firearms licenses; and, d) carrying a
maximum of two firearms; and
3. Members of Private Security Service Providers (PSSPs). Provided,
that, when in the possession of firearms, they are: a) in the agencyprescribed uniform with agency-issued identification card prominently
displayed and visible at all times; b) in possession of a valid License to
Exercise Security Profession, Duty Detail Order, and valid firearm license of
the agency; c) deployed by an agency duly licensed by the PNP; d) In
actual performance of duty at his specified area of duty; and, e) carrying
one small firearm, unless allowed otherwise.

16

What acts are prohibited?

A:
For any person to employ, avail himself of or engage the services of
security personnel or bodyguards, whether or not such bodyguards are
regular members of the PNP, the AFP or other law enforcement agencies
of the Government.
Q:
What is the effect of the promulgation of COMELEC Resolution No.
10015 to all existing authority granting security personnel or body guards?
A:
Such authority is automatically revoked at the start of the election
period (January 10, 2016).
Q:

Is the above rule absolute?

A:
No. The authority granted to or the services of security personnel or
complement of the following persons shall subsist under the following
conditions:
1. The President, Vice President, Senate President, Speaker of the
House of Representatives, Chief Justice of the Supreme Court, Secretary of
National Defense, Secretary of the Interior and Local Government,
Chairman and Commissioners of the Commission on Elections, Chief of
Staff of the AFP and AFP Major Service Commanders, and Director
Generals and Senior Officers of the PNP, who are not candidates, pursuant
to the respective existing authorizations or engagements of their security
personnel;
17

2. Senators, Members of the House of Representatives and Provincial

Governors, who are not candidates, whose regular security complement
have been provided by the PNP, AFP, NBI or other Government Law
Enforcement Agencies for at least one (1) year at the time of the
promulgation of this Resolution, may be allowed to retain the services of a
maximum of two (2) of the currently detailed officers or members of said
law enforcement government agencies; and
3. Justices, Judges and Cabinet Secretaries, whose regular security
complement have been provided by the PNP, AFP, NBI or other
Government Law Enforcement Agencies for at least one (1) year at the
time of the promulgation of this Resolution, may be allowed to retain the
services of a maximum of two (2) of the currently detailed officers or
members of said law enforcement government agencies;
Q:
Can the above-mentioned public officials who are allowed with the
maximum of two (2) bodyguards engage the services of additional
security personnel or bodyguards?
A:
Yes, if warranted by the circumstances, and upon compliance of
the requirements of the COMELEC in applying for an authority to employ,
avail or engage the services of security personnel or bodyguards.
Q:
If the above-mentioned public officials happen to be candidates,
can they retain their duly engaged or appointed security personnel?
A:
Yes, but they have to apply for authority to employ, avail or
engage the services of security personnel or bodyguards from the
COMLEC through the CBSFSP.
Q:
Other than the above-mentioned public officials, are there any
public officials or persons who may employ, avail or engage the services of
security personnel or bodyguards?
A:
Yes, when circumstances warrant and upon compliance of the
requirements of the COMELEC in applying for an authority to employ, avail
or engage the services of security personnel or bodyguards, the following
18

may be allowed to employ, avail or engage the services of two (2) private
security personnel:
1. incumbent public officials, whether elected or appointed;
2. candidates or his/her immediate family within the second
degree of consanguinity or affinity; and
3. private individuals.
GUIDELINES on COMELEC CHECKPOINTS
(COMELEC Resolution No. 10029 dated December 22, 2015
COMELEC Resolution No. 10029 was issued to set guidelines to be
observed in order not to violate civil, political and human rights of
individuals during implementation of search and seizure procedure at the
duly established checkpoints.
RULE I: GUIDELINES ON THE ESTABLISHMENT AND OPERATION OF COMELEC
CHECKPOINTS
1. COMELEC Checkpoints. - There shall be at least one COMELEC
checkpoint in each city/municipality. However, additional checkpoints
may be established at the discretion of the highest ranking official of
the AFP or the PNP in the city/municipality.
2. Checkpoint location. The officials mentioned in the
immediately preceding section shall, in consultation with the
city/municipal Election Officer (EO), shall establish COMELEC checkpoints
in their respective areas of jurisdiction only in places which are welllighted. In areas where electric light is not available, artificial lighting shall
be provided for the purpose.
NOTE: Every COMELEC checkpoint shall have a signboard
measuring three feet by four feet (3'x4'), to clearly identify the place as a
COMELEC checkpoint from a reasonable distance.
3.
Notice of location of checkpoints.
- The commanding
officer/team leader of the checkpoint must give notice to the Election
19

Officer, as well as non-government organizations and other civic

organizations about the establishment and location of COMELEC
checkpoints in the locality.
4. Spot checkpoint. - Where the circumstances warrant, spot
checkpoints may be established in locations
other than those
mentioned in the preceding paragraph. However, before establishing
such checkpoints, the coordinating officer/team leader must give notice
to the concerned Election Officer.
5. Personnel to man checkpoint. - Any unit designated to man a
COMELEC checkpoint must be led by a regular member of the Armed
Forces of the Philippines or the Philippine National Police with a rank of
at least lieutenant/inspector. AFP and PNP personnel manning the
checkpoints must be in complete uniform and shall not be under the
influence of liquor/drug. Any violation committed thereto shall make the
offender
and
his
commanding
officer
jointly
liable
for
administrative/criminal action.
6. Briefing by the commanding officer/team leader. - A briefing
must be given by the commanding officer/team leader to all members
of the unit who will be designated to man the checkpoints, with
emphasis on the proper manner of searching with reasonableness.

1. Moving vehicles and the seizure of evidence made in Plainview;

2. As long as the vehicle is neither searched nor its occupant/s
subjected to a body search, and the inspection of the vehicle is merely
limited to a visual search;
3. When the occupant/s of the vehicle appear to be nervous or
suspicious or exhibit unnatural reaction;
4. If the officer conducting the search has reasonable or probable
cause to believe that either, the occupant/s is a law offender or that the
instrumentality or evidence pertaining to the commission of a crime can'
be found in the vehicle to be searched; or
5. On the basis of prior confidential information which are
reasonably corroborated by other attendant matters.
Q:
What should an arresting officer do after arresting an offender at
the checkpoint?
A:
The arresting officer shall immediately and chronologically record
the said arrest in a logbook stating therein the circumstances of arrest and
other particulars of the arrested person and the confiscated weapons or
materials. After recording the arrest, the arrested person must be turnedover immediately to the nearest police station with corresponding
affidavit/s of arrest for proper action.

PRELIMINARY EXAMINATION by CHIEFS OF POLICE

(COMELEC Resolution No. 10029 dated December 22, 2015)

7. Searches at COMELEC Checkpoint. Any search at any

checkpoint must be made only by members of the unit designated to man
the same. It should be done in a manner which will impose minimum
inconvenience upon the persons so searched, to the end that civil,
political and human rights of the person/s are not violated.

COMELEC Resolution No. 10029 was issued to set guidelines for the
prompt and proper investigation of violations of the ban on firearms, other
deadly weapons and the employment of security personnel.

Q:
Do police officers manning COMELEC checkpoints need to first
secure a search warrant before searching and seizing the prohibited
weapons or materials found in a flagged vehicle?

RULE II: INSTRUCTIONS TO CHIEF OF POLICE OF CITIES/MUNICIPALITIES ON

THE CONDUCT OF PRELIMINARY EXAMINATION ON THE VIOLATION OF THE
BANS ON FIREARMS, OTHER DEADLY WEAPONS AND SECURITY PERSONNEL

A:
No. Pursuant to COMELEC Resolution No. 10029 on the conduct of
checkpoint, a warrantless search can be made in the following cases:
20

21

Q:
What is the duty of the Chief of Police in cases of apprehensions for
violation of the COMELEC ban on the bearing, carrying and transporting of
firearms and other deadly weapons, and on the employment of security
personnel and body guards, in their respective areas of jurisdiction.
A:
The Chief of Police or his duly authorized PNP representative shall
conduct the PRELIMINARY EXAMINATION of all apprehensions for violation
of the ban on the bearing, carrying and transporting of firearms and other
deadly weapons, and on the employment of security personnel and body
guards, in their respective areas of jurisdiction.
Q:
What is the procedure in the conduct of preliminary examinationby
the Chief of Police or his duly authorized PNP representative?
A:
In the conduct of preliminary examination the Chief of Police or his
duly authorized investigator shall:
1. Take the affidavit of the arresting officer or policeman indicating
therein the fact of arrest and the circumstances surrounding the
arrest;
2. Take the statement of the respondent/s.
3. Confiscate the firearms and issue the proper receipt therefor;
4. Cause the respondent/s to sign an affidavit binding himself to be
present at the preliminary investigation at a later date before the
prosecutor and that failure to do so shall constitute a waiver to
present evidence for his defense; and
5. Take the statement of witness/witnesses, if any.
Q:
What are the rights of a person arrested undergoing preliminary
examination?
A:
Any person arrested who is undergoing preliminary examination
must be treated humanely and with utmost respect to his constitutional
and human rights. He must also be informed of the following rights:

22

1. To remain silent, and be informed that anything she/he says

may be used against her/him in court;
2. To have competent and independent counsel preferably of his
own choice, but if he cannot afford the services of counsel, he
must be provided with one;
3. To be released from detention if no charges have been filed
against him within the allowable period/s from arrest under the
law;
4. When women or children are among the suspect/s or arrestees,
the Women's and Children's Protection Desks (WCPD) officer or a
policewoman who is familiar with women and children
protection desk duties shall be tasked to conduct the pat-down
search;
5. A separate Police Blotter shall be maintained for crime incident
reports involving a child in conflict with the law to protect their
privacy pursuant to Republic Act (RA) 9262 (Anti-Violence
Against Women and Children Act of 2004) and RA 9344 (Juvenile
Justice and Welfare Act of 2006);
6. The AFP/PNP manning the checkpoint shall at all times ensure
respect for the rights of any child in conflict with the law as
provided in the Philippine Constitution, domestic laws, the
Convention of the Rights of the Child and other related
international human rights instruments. The procedures in
handling of Children in Conflict with the law under Rules 33.5 and
33.6 of PNPM-DO-DS-3-2-13 shall be strictly followed.
7. In cases involving persons with disability, the prohibitions on
verbal, non-verbal ridicule and vilification under R.A. 9442 and its
Implementing Rules and Regulations, and other relevant
domestic and international laws shall be strictly observed.
8. In cases involving violations committed by the elderly, due
respect, courtesy and consideration shall be accorded to their
persons in regard of their age and physical state. The same
respect, courtesy and consideration shall be accorded to
pregnant women.
Q:
What is the disposition of the Chief of Police on the documents and
evidence gathered during the preliminary investigation?
23

A:
The Chief of Police shall submit the investigation report, together
with all documents and evidence gathered during the preliminary
examination, within three (3) days from arrest to the corresponding
provincial/city prosecutor, furnishing the Law Department of the
Commission with three copies of the report. The prosecutor shall then
conduct an investigation which shall be resolved within five (5) days from
its submission for resolution.
LIMITATIONS on PROCUREMENT
(GPPB Circular No. 08-2015 dated August 18, 2015)
GPPB Circular No. 08-2015 was issued to set guidelines in the conduct of
procurement activities during the election period.
I- PURPOSE
A. To remind government agencies that election ban is not designed to
paralyze the operations of the government but to insulate government
procurement from political partisan activities, usually in the form of new projects,
which are designed to influence the public during the elections.
B. To advise government agencies on the procurement activities that may
or may not be undertaken.
II- LEGAL AUTHORITY
Sections 261 (v) and (w) of the Omnibus Election Code
III- GENERAL RULE
Procuring entities can go on with the procurement activities, whether
through public bidding or alternative modes, from March 25 to May 8, 2016.
IV- EXCEPTION
Issuance of Notice of Award or the release, disbursement and expenditure
of public funds shall be prohibited on the following projects:
A. Social Projects- Refer to activities undertaken by the Department of
Social Welfare and Development (DSWD) and other agencies performing similar
functions. (GPPB Circ., Para 3.2)
B. Housing Related Projects- Refer to activities undertaken by the Housing
and Urban Development Coordinating Council (HUDCC) and other agencies
performing similar functions. (GPPB Circ., Para 3.3)

24

C. Public Works- Refer to infrastructure projects as defined under

Section5(k) of RA 9184, which shall include construction, improvement,
rehabilitation, repair, restoration, or maintenance of roads and bridges, railways,
seaports, communication facilities, civil works components of information
technology projects, irrigation, flood control and drainage, water supply, sanitation,
sewerage and solid waste management systems,
shore
protection,
energy/power and electrification facilities, national buildings, school buildings,
hospital buildings and other related
construction projects of the government.
(GPPB Circ, Para 3.1)
V- EXCEPTIONS TO THE EXCEPTION
Complete procurement activities are allowed on the following cases:
A. Under Social Projects, Notice of Award, whether through public bidding
or any of the alternative modes of procurement, may be issued on the
following projects:
1. Routine and normal expenses; and
2. Expenses covered by COMELEC exemption or those authorized
by the Commission after due notice and hearing.
B. Under Housing-Related Project, Notice of Award, whether through public
bidding or any of the alternative modes of procurement, may be issued on the
following projects:
1. Administrative expenses; and
2. Expenses covered by COMELEC exemption or authorized by the
Commission after due notice and hearing
C. Under Public Works, Notice of Award, whether through public bidding
or any of the alternative modes of procurement, may be issued on the following
projects:
1. Maintenance work involving maintenance of existing and/or
completed public works projects; provided that no additional laborers shall be

employed.
2. Contract entered into or awarded before election ban. Notice
of award, either through public bidding or negotiated procurement, provided it is
reported to the COMELEC;
3. Preparatory works like payment of preparation cost for drawings,
bill of materials, estimates, and other procedures preparatory to actual
construction including the purchase of materials and equipment, etc.

25

4. Calamity. Emergency works necessitated by the occurrence of

a public calamity, but shall be limited to restoration of damaged facility.
5. Ongoing projects both locally funded and foreign-assisted (with
foreign agreements) that commenced before March 25, 2016, provided this was
reported to the COMELEC.

Q:
May a prohibition on award of government contract during election
period be used to justify the adoption of shopping as mode of procurement?

VI- REPORTORIAL REQUIREMENTS

A. On or before March 25, 2016, the Head of Procuring Entity shall submit to
the COMELEC through the Regional Election Director/Provincial Election
Supervisors/Election Officers concerned certified list of the following:
1. All on-going public projects commenced before March 25, 2016.
2. Similar on-going projects under foreign agreements
commenced before March 25, 2016.
3. Notice of Award for public works issued before March 25, 2016
together with a copy of each contract.
All procuring entities shall furnish the DPWH with a copy of certified list
submitted to COMELEC.
B. All Invitation to Bid and Awards of Contract shall be posted in PHILGEPS
in accordance with RA 9184 and its RIRR.
Q:

What are the elements for violations of Section 261 (v) of BP 881?

A:
The prohibition of the release, disbursement or expenditure of public funds
for any and all kinds of public works depends on the following elements: (a) a
public official or employee releases, disburses or spends public funds; (b) the
release, disbursement and expenditure is made within 45 days before a regular
election or 30 days before a special election; and (c) the public funds are intended
for any and all kinds of public works except the four situations enumerated in
paragraph (v) of Section 261.
Q:

those enumerated in the preceding paragraph; or (b) by any person who issues,
uses or avails of treasury warrants or any device undertaking future delivery of
money, goods or other things of value chargeable against public funds within 45
days preceding a regular election and 30 days before a special election

Under what instances Section 261 (w) may be violated?

A:
Section 261(w) is violated in either of two ways: (a) by any person who,
within 45 days preceding a regular election and 30 days before a special election,
undertakes the construction of any public works except those enumerated in the
preceding paragraph; or (b) by any person who issues, uses or avails of treasury
warrants or any device undertaking future delivery of money, goods or other things
of value chargeable against public funds within 45 days preceding a regular
election and 30 days before a special election.
Section 261(w) of the Omnibus Election Code is violated in either of two ways: (a)
by any person who, within 45 days preceding a regular election and 30 days
before a special election, undertakes the construction of any public works except

26

A:
The justification presented for such alternative method is due only to time
pressure brought about by the impending prohibition on award of Government
contracts during the election period, which certainly does not fall under the
specified ground provided by Section 52.b (Shopping) of the IRR-A of R.A. 9184.
(GPPB NPM 045-2004)
Note: Please refer to Annex B for other prohibited acts during the election period.

ANNEX A:
COMELEC Resolution No. 10015
(Persons Authorized to Bear, Carry or Transport Firearms)
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.

X.

The President of the Republic of the Philippines;

The Vice-President of the Republic of the Philippines;
Senators and Members of the House of Representatives (who are not
candidates);
Cabinet Secretaries;
The Chief Justice and Justices of the Supreme Court, Justices of the Court of
Appeals, Sandiganbayan, and Court of Tax Appeals; and Judges of the
Regional Trial courts and Municipal/Metropolitan/Circuit Trial Courts;
The Ombudsman and Deputy Ombudsmen;
The Chairmen and Commissioners of the Civil Service Commission (CSC) and
the Commission on Audit (COA);
The Chairperson and Commissioners of the Commission on Human Rights;
Security Personnel of Foreign Diplomatic Corps, Missions and Establishments
under international law, including Foreign Military Personnel in the Philippines
covered by existing treaties and international agreements endorsed by the
Secretary of the Department of Foreign Affairs and the Heads of Missions of
foreign countries in the Philippines.
Regular officers, members, and agents of the following agencies of the
government who are actually performing law enforcement and/or security
functions, Provided, That when in the possession of firearms, they are:
A.

in the regular plantilla of the said agencies and are receiving regular
compensation for the services rendered in said agencies, (excluding

27

B.

C.
D.
E.

confidential/ temporary/contractual agents/ employees or personnel,

unless otherwise approved);
in the agency-prescribed uniform showing clearly and legibly his name,
rank and serial number or, in case rank and serial number are not
applicable, displaying prominently the agency-issued identification card
showing clearly his name and position, which shall remain visible at all
times;
duly authorized to possess firearm and to carry the same outside of
residence by virtue of a valid permit to carry or a valid mission order or
letter order;
in the actual performance of official law enforcement and/or security
duty, or are going to or returning from his dwelling/barracks or official
station, and
bearing, carrying or transporting a maximum of two (2) firearms;

1.
Officers and Members of the Philippine National Police (PNP);
2.
Commissioned Officers (COs), Non-Commissioned Officers
(NCOs) and Enlisted Personnel (EP) of the Armed Forces of the Philippines (AFP);
3.
National Bureau of Investigation (NBI);
4.
Provincial and City Jails, Bureau of Corrections (BuCor),
Department of Justice;
5.
Bureau of Jail Management and Penology (BJMP);
6.
(a) Intelligence Division and (b) Investigation Division of the
Intelligence and Investigation Service; and the (c) Customs Police Division of the
Enforcement and Security Service of the Bureau of Customs (BoC);
7.
Port Police Department, Philippine Ports Authority (PPA);
8.
Philippine Economic Zone Authority (PEZA) police forces;
9.
Government Guard Units (GGUs) regulated by the PNP under
RA No. 5487;
10.
(a) The Commissioner and Deputy Commissioners, (b)
members of the Law and Investigation Division and (c) members of the Intellige
Intelligence Division, Bureau of Immigration (BI);
11.
Manila International Airport (MIA) Authority Police Force;
12.
Mactan-Cebu International Airport Authority Police Force;
13.
Law Enforcement Service of the Land Transportation Office
(LTO);
14.
Philippine Coast Guard (PCG);
15.
Cebu Port Authority Police Force;
16.
Internal Security Operations Group (ISOG) of the Witness
Protection, Security and Benefits Program of the Department of Justice;
17.
Enforcement and lnvestigation Division, Optical Media Board
(OMB);
18.
(a) The Security Investigation and Transport Department
(SITD), (b) Cash Department and (c) the Office of Special Investigation (OSI),
Branch Operations of the BangkoSentral ng Pilipinas (BSP);

28

19.
Offices of the Sergeant-At-Arms (OSAA) of (a) the Senate and
(b) the House of Representatives, including the OSAA designated regular security
escorts of Senators and Congressmen;
20.
Inspection Service of the Philippine Postal Corporation
(PhilPost);
21.
Inspection, Monitoring and Investigation Service of the
National Police Commission (NAPOLCOM);
22.
Forest Officers defined under PD No. 705, Forest/Park Rangers,
Wildlife Officers, and Forest Protection and Law Enforcement Officers of the
Department of Environment and Natural Resources (DENR) under DAO No. 199732;
23.
Intelligence and Security Unit, Office of the Secretary,
Department of Foreign Affairs (DFA);
24.
Philippine Drug Enforcement Agency (PDEA);
25.
Philippine Center for Transnational Crime (PCTC);
26.
National Intelligence Coordinating Agency (NICA);
27.
Civilian Armed Forces Geographical Units (CAFGU) Active
Auxiliaries and Special Civilian Armed Forces Geographical Units Active Auxiliaries
already constituted upon the effectivity of this Resolution while within the
barracks;
28.
Presidential Security Group (PSG);
29.
Internal Security Division of the Bureau of the Treasury (BoT),
the Treasurer and Deputy Treasurers of the Philippines;
30.
Internal Security of the Office of the Vice-President;
31.
The Secretary, Undersecretaries, Assistant Secretaries of the
Department of the Interior and Local Government and the Internal Security of the
Office of the Secretary of the Interior and Local Government;
32.
Internal Security of the Office of the Secretary of National
Defense;
33.
The Secretary, Undersecretaries, Assistant Secretaries, The
Prosecutor General, Chief State Prosecutor, and the State, Regional, Provincial
and City Prosecutors, Department of Justice;
34.
The Solicitor-General;
35.
Investigators and Prosecutors of the Office of the
Ombudsman;
36.
The Chief Public Attorney; and
37.
The officers and members of departments/ divisions/
offices/units/detachments performing law enforcement and/or security functions;
XI. The Chairman and the Commissioners of the Commission on Elections, the
Executive Director, Deputy Executive Directors, Directors and Lawyers employed by and
holding office in the Main Office of the Commission, Regional Election Directors,
Assistant Regional Election Directors, Chiefs-of-Staff of the Offices of the Chairman and
Commissioners, Provincial Election Supervisors, Regional Attorneys and Election Officers,
and Organic Security Officers of the Commission on Elections.

29

Annex B

DATE/
PERIOD

COMELEC Resolution No. 9981 dated August 15, 2015

DATE/
PERIOD

January
10, 2016
(Sunday)
to June 08,
2016
(Wednesd
ay)

ACTIVITIES

PROHIBITED
ACTS

ELECTION
PERIOD

Transfer or
movement
of officers
and
employees
in the civil
service.

Bearing,
carrying or
transporting
firearms or
other
deadly
weapons,
unless
authorized
in writing by
the
Commission.

APPLICABLE
ELECTION
LAWS/RULES

Sec. 261
(h),
Omnibus
Election
Code
(OEC);
COMELEC
Resolution
No. 10030

Article XXII,
OEC; Sec.
32, Republic
Act (RA) No.
7166 (An Act
Providing For
Synchronize
d National
And Local
Elections
And For
Electoral
Reforms);
COMELEC
Resolution
No. 10015

30

POSSIBLE
CASE/S TO
BE FILED

PENALTIES

Violation
of OEC
(Election
offense)

Imprisonment of
1 to 6 years and
shall not be
subject
to
probation
disqualification
to hold public
office
and
deprivation of
the
right
of
suffrage
If
foreigner,
deportation
after
imprisonment is
served.
(Sec.
264, OEC)

Violation
of
election
law
(gunban
) and/or
RA No.
10591

Imprisonment
of1 to 6 years
and shall not be
subject
to
probation
disqualification
to hold public
office
and
deprivation of
the
right
of
suffrage

ACTIVITIES

PROHIBITED
ACTS

APPLICABLE
ELECTION
LAWS/RULES

POSSIBLE
CASE/S
TO BE
FILED

PENALTIES

Use
of
security
personnel or
bodyguards
by
candidates,
unless
authorized
in writing by
the
Commission.

Section
33, RA No.
7166;
Resolution
No. 10015

Violatio
n
of
election
law

If foreigner,
deportation
after
imprisonmen
t is served
Cancellation
of
and/or
perpetual
disqualificati
on to secure
license/per
mit

Organization
or
maintenance
of
reaction
forces, strike
forces
or
other similar
forces.

Section
261
(u),
OEC

Violation
of
election
law

Same penalties
under Section
264, OEC

Suspension
of elective
local
officials

Sec. 261
(x), OEC

31

Violation
of
election
law

Same penalties
under
Section
264, OEC

DATE/
PERIOD

February
09, 2016
(Tuesday)
to May 09,
2016
(Monday)

ACTIVITIES

PROHIBITED
ACTS

APPLICABLE
ELECTION
LAWS/
RULES

POSSIBLE
CASE/S TO
BE FILED

PENALTIES

Giving
donations
or gift in
cash or in
kind, etc.

Section
104, OEC

Violation
of
election
law
(election
offense);

Same penalties
under Section 264,
OEC

and/or
Violation
of Sec. 3,
RA No.
3019
(AntiGraft and
Corrupt
Practices
), if
applicabl
e

32

Imprisonment
for 1 to 10
years;
perpetual
disqualification
from
public
office
confiscation or
forfeiture
in
favor of the
Government of
any prohibited
interest
and
unexplained
wealth
manifestly out
of proportion
to his salary
and
other
lawful income
Dismissal from
public office

DATE/
PERIOD

ACTIVITIES

PROHIBITED
ACTS

APPLICABLE
ELECTION
LAWS/RULES

POSSIBLE
CASE/S TO
BE FILED

and/or
Violations
of Articles
210, 211
and 212,
Revised
Penal
Code
(RPC), if
applicabl
e

March 10,
2016
(Thursday)
to June
08, 2016
(Wednes
day)

PENALTIES

Prision mayor
(Articles 210 and
212);
Prisioncorreccional
(Articles 211 and
212)

Same penalties
under Section
264, OEC

Appointme
nt or use of
special
policemen,
confidential
agents and
the like.

Section
261 (m),
OEC

Violation
of
election
law

Illegal
release of
prisoners.

Section
261 (n),
OEC

Violation
of
election
law

Same penalties
under Section
264, OEC

And/or
violation of
Art. 223,
RPC
(infidelity in
the custody
of
prisoners), if
applicable

Prision
correccional

33

DATE/PERIOD

March 24,
2016 (Holy
Thursday)
and
March 25,
2016
(Friday)
March 25,
2016
(Friday) to
May 08,
2016
(Sunday)

ACTIVITIES

PROHIBITED
ACTS

APPLICABLE
ELECTION
LAWS/RULES

POSSIBLE
CASE/S TO
BE FILED

Campai
gning.

Section 5,
RA No.
7166 in
relation to
OEC

Violation
of
election
law
(election
offense)

Same
penalties
under Section
264, OEC

Appoint
ment or
hiring of
new
employe
es,
creation
or filling
up of
new
positions;
promotio
n or
giving of
salary
increases
,
remuner
ation or
privilege.

Section
261 (g),
OEC;
COMELEC
Resolution
No. 10030

Violation
of
election
law

Same
penalties
under Section
264, OEC

34

PENALTIES

DATE/PERIOD

March 25,
2016
(Friday) to
May 08,
2016
(Sunday)

ACTIVITIES

PROHIBITED ACTS

APPLICABLE
ELECTION
LAWS/RULES

POSSIBLE
CASE/S TO
BE FILED

Construction
of public
works,
delivery of
materials for
public works
and issuance
of treasury
warrant or
similar
devises for a
future
undertaking
chargeable
against
public funds.
Release,
disbursement
or
expenditures
of public
funds.

Section
261 (w),
OEC

Violation
of
election
law

Same
penalties
under
Section
264, OEC

Section
261 (v),
OEC

Violation
of
election
law

Same
penalties
under
Section
264, OEC

35

PENALTIES

DATE/
PERIOD

ACTIVITIES

May 08,
2016
(Sunday)

EVE OF
ELECTION
DAY

PROHIBITED ACTS

Campaigning

APPLICABLE
ELECTION
LAWS/RULES

POSSIBLE
CASE/S TO
BE FILED

PENALTIES

Sec. 5,
RA No.
7166

Violation
of
election
law

Same
penalties
under
Section
264, OEC

Selling,
furnishing,
offering,
buying,
serving, or
taking
intoxicating
liquor.

Section
261 (dd),
OEC

Giving,
accepting,
free
transportation,
food or drinks
or things of
value.

Section
89, OEC

Violation
of
election
law

Violation
of
election
law;

Same
penalties
under
Section
264, OEC

and/or
Violation
of Sec. 3,
RA No.
3019, if
applicable

Applicable
penalties
under the
law

and/or
Violations
of Articles
210, 211
and 212,
RPC, if
applicable

36

Same
penalties
under
Section
264, OEC

DATE/
PERIOD

ACTIVITIES

PROHIBITED
ACTS

APPLICABLE
ELECTION
LAWS/RULES

POSSIBLE
CASE/S TO BE
FILED

May 09,
2016
(Monda
y)

ELECTION
DAY

Campaig
ning

Sec. 5,
RA No.
7166

Violation of
election law

Same
penalties
under
Section
264, OEC

Casting
of votes
and,
thereafte
r
counting
and
consolida
tion of
votes

Opening of
booths or
stalls for the
sale, etc.,
of
merchandis
e or
refreshment
s within a
radius of
thirty (30)
meters from
the polling
place.

Section
261 (dd)
(2), OEC

Violation of
election law

Same
penalties
under
Section
264, OEC

Holding of
fairs,
cockfights,
boxing, horse
races or any
other similar
sports.

Section 261
(dd) (3),
OEC

Violation of
election law

Same
penalties
under Section
264, OEC

And/or Violation
of PD 1602
(Prescribing
Stiffer Penalties
on Illegal
Gambling), as
amended by RA
No. 9287

Applicable
penalty under
the law

Applicable
penalties
under the
law

37

PENALTIES

REGIONAL LEGAL OFFICE

RLO1
Chief: PSUPT JOHNNY C EKID
Cel # 09216609304
e-mail: rlo1@pnplegal.net
RLO2
Chief: PSUPT KIM W CABAL
Cel #09088740023
e-mail: rlo2@pnplegal.net
RLO3
Chief: PSUPT EUGENE A BAGAMASPAD
Cel #09157260873
e-mail: rlo3@pnplegal.net
RLO4A
Chief: PSUPT RAMY G TAGNONG
Cel #09189906871
e-mail: rlo4a@pnplegal.net
RLO4B
Chief: PSUPT WINLOVE L RAMOS
Cel #09053123888
e-mail: rlo4b@pnplegal.net
RLO5
Chief: PCINSP ENRIQUE J RENORIA
Cel #09194490931
e-mail: rlo5@pnplegal.net
RLO6
Chief: PSUPT TROY WARREN A CAYANAN
Cel #09998408474
e-mail: rlo6@pnplegal.net
RLO7
Chief: PSUPT EHDEL G PEREIRA
Cel #09193370759
e-mail: rlo7@pnplegal.net
RLO8
Chief: PSUPT MARIO G ABRENZOSA
Cel #09985487765
e-mail: rlo8@pnplegal.net

RLO9
Chief: OBIL S DAHAP JR
Cel #09173283887
e-mail: rlo9@pnplegal.net
RLO10
Chief: PCINSP ENRIQUE D SAN MIGUEL JR
Cel #09369052321
e-mail: rlo10@pnplegal.net
RLO11
Chief: PSUPT RALESTON F FALCUTILA
Cel #09985168875
e-mail: rlo11@pnplegal.net
RLO12
Chief: PCINSP ADRIEL B GRAN
Cel #09085980503
e-mail: rlo12@pnplegal.net
RLO13
Chief: PCINSP NATHANIEL C TALIP
Cel #09159291179
e-mail: rlo13@pnplegal.net
RLOARMM
Chief: PSINSP EDGARD B CUANAN JR
Cel #09175081427
e-mail: rloarmm@pnplegal.net
RLOCOR
Chief: PSUPT RONALD T LAOYAN
Cel #09985755834
e-mail: rlocor@pnplegal.net
RLONCR
Chief: PSUPT RAYMOND A DE GUZMAN
Cel #09178651313
e-mail: rloncr@pnplegal.net
RLONIR
Chief: PSUPT STEPHEN G BUDONG
Cel #09178142730
e-mail:

DISTICT LEGAL OFFICE

NPD
SPD
Chief: PSUPT RAMY G TAGNONG
Chief: PSUPT RICO B BETIC
Cel #09189906871
Cel # 09193783214
e-mail: ramy.tagnong@pnplegal.net
e-mail: rico.betic@pnplegal.net
MPD
EPD
Chief: PSUPT THOMAS M VALMONTE
Chief: PSUPT ALMEL S MANGANDOG
Cel # 09152047157
Cel # 09175308645
e-mail: thomas.valmonte@pnplegal.net
e-mail: almel.mangandog@pnplegal.net
QCPD
Chief: PSUPT JAY T BORROMEO
Cel # 09179371914
e-mail: jay.borromeo@pnplegal.net

Technical Working Group for the Legal Advisory on Election Laws and
COMELEC Issuances:
PSUPT SOVER DC GONTING Chairman
PCINSP LYNETTE M TADEO Vice Chairman
Members:
PSUPT EDWIN G ENGAY
PSUPT JINKY A ACACIO
PCINSP DONNA N VILLAREAL
PCINSP JUDITH ERNA L QUERIJERO
PSINSP CATHERINE E TAMAYO
PSINSP JOSEPH L BACCAY
PSINSP CAMILO N DANAO JR
Secretariat:
PSINSP ANNA LUISA A CENTINO
NUP Errol L Puod

PNP P.AT.R.O.L. Plan 2030

Peaceand order Agendafor Transformation
and upholding of the Rule Of Law

38

39