COMELEC Resolution No. 10204

Promulgation: 26 September 2017

IN THE MATTER OF DEPUTIZING THE ARMED FORCES OF THE PHILIPPINES (AFP) AND THE PHILIPPINE NATIONAL POLICE (PNP) FOR THE PURPOSE OF ENSURING FREE, ORDERLY, HONEST, PEACEFUL AND CREDIBLE CONDUCT OF THE OCTOBER 23, 2017 BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS

WHEREAS, Article IX-C, Section 2 (4) of the 1987 Constitution empowers the Commission on Elections (Commission) to deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of the Government, including the Armed Forces of the Philippines (AFP), for the exclusive purpose of ensuring free, orderly, honest, peaceful and credible elections;

 NOW, THEREFORE, the Commission, by virtue of the powers vested in it by the Constitution of the Republic of the Philippines, the Omnibus Election Code and other related election laws, has RESOLVED, as it hereby RESOLVES, to deputize the AFP and the Philippine National Police (PNP), in connection with the conduct of the October 23, 2017 Barangay and Sangguniang Kabataan Elections:

SECTION 1. Coverage. - The AFP and PNP are hereby deputized to ensure free, honest, orderly, peaceful and credible conduct of the October 23, 2017 Barangay and Sangguniang Kabataan Elections.

SEC. 2. Duties and Functions of the Armed Forces of the Philippines and the Philippine National Police as deputies. - The AFP and PNP are hereby deputized to perform the following duties and functions:

1. Provide security to polling places, polling centers/voting centers, canvassing centers, and such other places or buildings, including election paraphernalia, equipment, forms and supplies, that will be used in connection with the elections;

2. Provide security to the personnel of the Commission, its deputies and other persons performing election-related functions;

3. Deploy, at the least time possible, troops for election duty in coordination with the concerned Regional Election Director, Provincial Election Supervisor, and Election Officer;

4. Make available, at the least time possible, land, air and watercraft assets, communication systems and other equipment, in connection with the conduct of the elections;

5. Look into the existence of any armed group organized to commit, or which is committing or attempting to commit, acts of terrorism, or threats to intimidate or coerce any person to vote for or against a candidate, and to suppress or prevent said acts of terrorism or threats;

6. Assist the Commission in implementing more effectively election laws and/or rules and regulations, particularly the laws governing prohibition against military, policemen and provincial guards acting as bodyguards or security guards for the candidates, the use of armored vehicles and air or watercraft, and the prohibition on bearing, carrying or transporting firearms and other deadly weapons in public places;

7. Provide security escorts to candidates, subject to the conditions and restrictions on the Resolution imposing the ban on the carrying of firearms and other deadly weapons and the ban on the use of security personnel or bodyguards; provided that, the AFP can provide security escorts only in the absence of personnel of the PNP and other law enforcement agencies;

8. Conduct a periodic assessment of the peace and order conditions in critical areas and recommend measures which may be adopted by the Commission in the interest of free, orderly, honest, peaceful and credible elections; and

9. Comply with and/or implement directives or resolutions of the Commission, which shall take precedence over and above the orders and directives issued by any other office or agency of the Government, except the Supreme Court and those issued in habeas corpus cases; and

10. Render periodic reports on action taken in accordance with this Resolution.

The AFP, despite being deputized, shall continue with the conduct of all Internal Security Operations or its own functions and responsibilities.

From October 01, 2017 to October 30, 2017, no changes in the assignments of PNP personnel can be effected except upon prior written permission of the Commission.

SEC. 3. Precedence of Commission Orders. - Orders issued by the Commission in connection with the October 23, 2017 Barangay and Sangguniang Kabataan Elections shall take precedence over and above the orders and directives issued by any other office or agency of the Government, except the Supreme Court and those issued in habeas corpus cases.

SEC. 4. Effectivity. - This Resolution shall take effect on the seventh day after its publication in two (2) daily newspapers of general circulation in the Philippines.

SEC. 5. Dissemination and publication. - The Executive Director shall furnish copies of this Resolution to the Secretary of National Defense and the Chief of Staff of the AFP, as well as to all Regional Election Directors, all Provincial Election Supervisors and all Election Officers of the Commission.

The Education and Information Department shall cause the publication of this Resolution in at least two (2) daily newspapers of general circulation in the Philippines, and disseminate this Resolution for the information of the public.

SO ORDERED.