COMELEC Resolution No. 10247

Promulgation: 15 January 2018

IN THE MATTER OF ADOPTING PERTINENT RESOLUTIONS PROMULGATED IN CONNECTION WITH THE 23 OCTOBER 2017 BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS (BSKE) FOR PURPOSES OF THE MAY 14, 2018 BSKE

WHEREAS, the Commisison on Elections (Commission) promulgated the following pertinent resolutions for the 23 October 2017 Barangay and Sangguniang Kabataan Elections:

a.    Resolution No. 10196 dated 13 September 2017 entitled "GUIDELINES ON THE FILING OF CERTIFICATE OF CANDIDACY IN CONNECTION WITH THE OCTOBER 23, 2017 SYNCHRONIZED BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS";

b.    Resolution No. 10197 dated 14 September 2017 entitled "RULES AND REGULATION ON: (1) THE BAN ON BEARING, CARRYING OR TRANSPORTING OF FIREARMS OR OTHER DEADLY WEAPONS; AND (2) THE EMPLOYMENT, AVAILMENT OR ENGAGEMENT OF THE SERVICES OF SECURITY PERSONNEL OR BODYGUARDS DURING THE ELECTION PERIOD OF THE OCTOBER 23, 2017 BARANGAY AND SANGGUNIANG KABATAAN (SK) ELECTIONS";

c.    Resolution No. 10198 dated 14 September 2017 entitled "CONSOLIDATED RESOLUTION FOR: 1) GUIDELINES ON THE ESTABLISHMENT AND OPERATION OF COMELEC CHECKPOINTS; AND 2) INSTRUCTIONS FOR THE CONDUCT OR PRELIMINARY EXAMINATION OF VIOLATIONS OF THE BAN ON FIREARMS, OTHER DEADLY WEAPONS AND SECURITY PERSONNEL; IN CONNECTION WITH THE OCTOBER 23, 2017 BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS (BSKE)";

d.    Resolution No. 10199 dated 14 September 2017 entitled "IN THE MATTER OF PLACING SOME AREAS IN THE COUNTRY UNDER COMELEC CONTROL IN CONNECTION WITH THE OCTOBER 23, 2017 BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS (BSKE)";

e.    Resolution No. 10201 dated 26 September 2017 entitled "RULES AND REGULATIONS ON THE LIQUOR BAN IN CONNECTION WITH THE OCTOBER 23, 2017 BARANGAY AND SANGGUNIANG KABATAAN (SK) ELECTIONS";

f.     Resolution No. 10202 dated 26 September 2017 entitled "RULES AND REGULATIONS GOVERNING BAN ON CONSTRUCTION OR MAINTENANCE OF BARANGAY-FUNDED ROADS AND BRIDGES IN CONNECTION WITH THE OCTOBER 23, 2017 SYNCHRONIZED BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS"; ( Amended by Resolution No. 10251)

     "RESOLUTION NO. 10202
     Sec. 2. Prohibition on release, disbursement or expenditure public funds - Effective May 4, 2018 to May 13, 2014. xx
     1. Any kinds of barangay-funded roads and bridges, except the following:
         a. Maintenance of existing and/or completed barangay-funded roads and bridges: xxx prior to May 14, 2018, shall be permitted to work during such time: Provided further, xxx starting May 4, 2018 to May 13, 2018; xxx xxx"

g.    Resolution No. 10204 dated 26 Septermber 2017 entitled "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";

h.    Resolution No. 10205 dated 26 September 2017 entitled "IN THE MATTER OF EXEMPTING THE PHILIPPINE NATIONAL POLICE (PNP) AND THE ARMED FORCES OF THE PHILIPPINES (AFP) FROM THE COVERAGE OF SECTIONS 261 (H) AND (R) OF THE OMNIBUS ELECTION CODE IN CONNECTION WITH THE OCTOBER 23, 2017 SYNCHRONIZED BARANGAY AND SANGGUNIANG KABATAAN (SK) ELECTIONS";

i.      Resolution No. 10206 dated 26 September 2017 entitled "IN THE MATTER OF THE ENFORCEMENT OF THE PROHIBITION AGAINST APPOINTMENT OF HIRING OF NEW EMPLOYEES; CREATION OR FILLING UP OF NEW POSITIONS; GIVING SALARY INCREASES; TRANSFER OR DETAIL OF CIVIL SERVICE EMPLOYEES; AND SUSPENSION OF ELECTIVE LOCAL OFFICIALS IN CONNECTION WITH THE OCTOBER 23, 2017 SYNCHRONIZED BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS";

j.      Resolution No. 10209 dated 26 September 2017 entitled "RULES AND REGULATIONS GOVERNING CAMPAIGN FINANCE AND DISCLOSURE IN CONNECTION WITH THE OCTOBER 23, 2017 SYNCHRONIZED BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS";

k.    Resolution No. 10210 dated 27 September 2017 entitled "IN THE MATTER OF DEPUTIZING THE DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT (DILG), THE NATIONAL POLICE COMMISSION (NAPOLCOM) AND OTHER LAW ENFORCEMENT AGENCIES, CERTAIN DEPARTMENTS UNDER THE EXECUTIVE BRANCH, OTHER GOVERNMENT AGENCIES, GOVERNMENT-OWNED AND CONTROLLED CORPORATIONS AND FINANCIAL INSTITUTIONS, FOR THE PURPOSE OF ENSURING FREE, ORDERLY, HONEST, PEACEFUL AND CREDIBLE CONDUCT OF THE OCTOBER 23, 2017 BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS";

l.      Resolution No. 10211 dated 3 October 2017 entitled "GENERAL INSTRUCTIONS FOR THE MEMBERS OF THE ELECTORAL BOARDS AND BARANGAY BOARD OF CANVASSERS (BBOCs) IN CONNECTION WITH THE CONDUCT OF THE OCTOBER 23, 2017, SYNCHRONIZED BARANGAY AND SANGGUNIANG KABATAAN (SK) ELECTIONS";

WHEREAS, the Commission promulgated Resolution No. 10246 dated Jan. 15, 2018, providing for the calendar of activities and periods of prohibited acts in connection with the 14 May 2018 BSKE.

NOW, THEREFORE, the Commission on Elections, by virtue of the power vested in it under the Constitution, the Omnibus Election Code, and other election laws, RESOLVED, as it hereby RESOLVES, to ADOPT the abovementioned Resolutions for purposes of the 14 May 2018 BSKE, subject to the dates and periods as provided in Resolution No. 10246 containing the calendar of activities and periods of prohibited acts in connection with the 14 May 2018 BSKE.

RESOLVED further, that any and all reference to the date 23 October 2017 and the "election period" are to be read and understood as referring to the 14 May 2018 BSKE and the election period set under Resolution No. 10246 which is from 14 April 2018 (SAT) to 21 May 2018 (MON).

RESOLVED finally, that the dates set under the relevant sections of the pertinent resolutions, viz.:

1.    Sections 9, 13, 16 and 17 of Resolution No. 10196;

2.    (2) Sections 7 and 37 of Resolution No. 10197;

3.    Section 2 of Resolution No. 10201;

4.    Sections 2, 3, 5 [d], 6-7 and 10 of Resolution No. 10202;

5.    Section 2 of Resolution No. 10204;

6.    Section 3 of Resolution No. 10206; and

7.    Sections 5, 17, 20 and 23 of Resolution No. 10209;

are hereby amended and shall be read as follows:

1.    RESOLUTION NO. 10196

"SECTION 9. Period for Filing Certificate of Candidacy. - The COC shall be filed from April 14-20, 2018, at 8:00 AM to 5:00 PM. xxx"

SECTION 13. Reports of the Certificate of Candidacy Received. -

The Head of the Receiving Office shall: xxx

The Receiving Officer shall submit, through electronic mail, a Certified List of Candidates to the ERSD not later than April 23, 2018.

SECTION 16. Delivery of Certificates of Candidacy and Other Documents. - On or before April 23, 2018, the Election Officer concerned shall submit the following documents to the Provincial Election Supervisor or to the Regional Election Director (RED), in case of the National Capital Region (NCR), who shall, in turn, personally deliver, on April 24, 2018, the documents to the ERSD:

a.    Hard and Soft (MS Word format) Copies of the consolidated list of all candidates for the Barangay and Sangguniang Kabataan elections for each barangay;

b.    Record books;

c.    Original copies of the COC; and

d.    CD.

SECTION 17. Posting of Certified Consolidated List of Candidates. - At least ten (10) days before Election Day or not later than May 4, 2018, the Election Officer shall post copies of the certified consolidated lists of candidates both for the Barangay and Sangguniang Kabataan Elections in the Barangay Hall and in three (3) other conspicuous places in the Barangay."

2.    RESOLUTION NO. 10197

SECTION 7. Application for authority to bear, carry or transport Firearms or Deadly Weapons - Applications for the issuance of authority to bear, carry or transport firearms or deadly weapons shall start on April 2, 2018. xxx

SECTION 37. Validity of the Certificate of Authority. -The Certificate of Authority shall be valid from date of issuance until May 21, 2018, unless: xxx

3.    RESOLUTION NO. 10201

SECTION 2. Period of Prohibition. - The liquor ban shall be in force and effect on the day before the election (May 13, 2018) and on election day (May 14, 2018).

4.    RESOLUTION NO. 10202

Sec. 2. Prohibition on release, disbursement or expenditure public funds - Effective May 4, 2018 to May 12, 2018, xxx

1.    Any and all kinds of barangay-funded roads and bridges, except the following:

a.    Maintenance of existing and/ or completed barangay- funded roads and bridges: xxx prior to May 4, 2018, shall be permitted to work during such time: Provided further, xxx starting May 4, 2018 to May 13, 2018;

b.    Work undertaken by contract xxx before May 4, 2018: xxx shall not be considered work by contract;

c.    Payment for the usual cost of preparation xxx before May 4, 2018: Provided, that xxx

Sec. 3. Submission to the Commission of certified lists of authorized public works projects - On or before May 4, 2018, punong barangays shall submit xxx, certified lists of the following:

b.    all on-going barangay public works commenced before May 4, 2018;

c.    similar projects under foreign agreements; and

d.    all barangay public works undertaken by contract through public bidding held, or negotiated contract awarded before May 4, 2018 together with a copy of said contracts.

Sec. 5. Requirements for maintenance of existing or completed barangay public works projects. - The following documents must be submitted by the requesting party:

d.    A notarized or sworn undertaking not to allow more than the number of laborers or employees already employed during the six-month period to work before May 4, 2018; and

Sec. 6. Documentary requirements for public works projects undertaken by contract through public bidding or by negotiated contract awarded before May 4, 2018- The following documents must be submitted by the requesting party:

Sec. 7. Requirements for payment xxx for such work in the central office and field storehouses before May 4, 2018.

5.    RESOLUTION NO. 10204

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: xxx

From April 14, 2018 to May 21, 2018, no changes in the assignments of PNP personnel can be effected except upon prior written permission of the Commission.

6.    RESOLUTION NO. 10206

SECTION 3. Total Ban on Appointment, Hiring of New Employees, Creation of New Position, Promotion or Giving of Salary Increases, Remuneration or Privileges in the Barangay. - From May 4, 2018, Friday until May 13, 2018, Sunday the appointment or hiring of new employees, creation of new position, promotion or giving of salary increases, remuneration or privileges in the barangay shall be strictly prohibited.

SECTION 6. Prohibited Act and Period of Prohibition. - From April 14, 2018, Saturday to May 21, 2018, Monday, no public official shall, except upon prior written authority of the Commission, make or cause any transfer or detail whatsoever of any officer or employee in the civil service, including public school teachers.

SECTION 10. Prohibited Acts. - From April 14, 2018, Saturday to May 21, 2018, Monday, the provisions of law to the contrary notwithstanding, no public official shall, except upon prior written approval of the Commission, suspend any elective provincial, city, municipal or barangay officer.

SECTION 19. Continuing Authority to Transfer Government Employees Granted to Certain Government Agencies. -For purposes of xxx hereby grants continuing authority to the following government agencies to transfer or detail their officers or employees from April 14, 2018 to May 21, 2018, in view of the nature of their functions: xxx

SECTION 22. Exemption. - The Commission on Elections is hereby exempted from the prohibition to transfer or assign or reassign its personnel from April 14, 2018 to May 21, 2018.

7.    RESOLUTION NO. 10209

Sec. 5 Report of contributions; When and Where to file. - Every person giving contributions, whether in cash or in kind, to any candidate, or authorized representative of such candidate shall, not later than June 13, 2018, xxx.

Sec. 17 When and where to file SOCE. - Every candidate, including those who withdrew, shall file SOCE not later than June 13, 2018, from 8:00 a.m. to 5:00 p.m. during weekdays, at the Office of the Election Officer concerned.

Sec. 20 Record Requirement for Administration of Oaths. - xxx

Except Election Officer, who shall submit the record in accordance with Section 23 hereof, all authorized officers in the preceding section shall submit the record to the CFO not later than June 13, 2018.

Sec. 23 Collation at the Office of the Provincial Election Supervisor and submission to CFO. - xxx

The Provincial Election Supervisor shall, not later than June 27, 2018, submit all documents enumerated in the preceding section to the CFO through the Commission's official courier.

This Resolution shall take effect on the seventh day after its publication in two daily newspapers of general circulation in the Philippines.

SO ORDERED.

SIGNED:

·         LIM, CHRISTIAN ROBERT S., Acting Chairman

·         PARREÑO, AL A., Commissioner

·         GUIA, LUIE TITO F., Commissioner

·         LIM, ARTHUR D., Commissioner

·         GUANZON, MA. ROWENA AMELIA V., Commissioner

·         ABAS, SHERIFF M., Commissioner