Monday , May 21, 2018

All You Need To Know: Prohibited acts during election period

MANILA. Police set up a checkpoint in Metro Manila to ensure compliance to the gun ban during the election period from April 14 to May 21, 2018 as part of the Barangay and Sangguniang Kabataan Elections. (Alfonso Padilla/SunStar Philippines)

WITH just 20 days before the May 14 synchronized Barangay (village) and Sangguniang Kabataan (youth council) Elections, both the candidates and the electorate should know what acts are prohibited during the election period.

Under Resolution 10246 issued by the Commission on Elections (Comelec) last January 15, we have entered the election period -- set for April 14 to May 21.

Within the same period is a gun ban, which means no one is allowed to carry firearms or other deadly weapons in public places except for law enforcers.

A regular member of the police and armed forces, as well as other law enforcement agencies is exempt from the nationwide gun ban, as long as he is "in full uniform showing clearly and legibly his name, rank and serial number," and "in the actual performance of his election duty," as provided by Section 32 of Republic Act (RA) 7166.

The poll body earlier said it may also issue gun ban exemption to a qualified individuals considered as "high risk," such as cashier, disbursing officer, and state witness, among others.

Those who wish to be granted a permit to carry firearms must submit an application and other requirements to the Comelec committee on the ban on firearms and security personnel whose office is located at the poll body's main office in Intramuros, Manila.

To ensure compliance with the gun ban, checkpoints in cities and municipalities around the country are established under Comelec Resolution 10198.

A team of uniformed personnel manning the Comelec checkpoint can hold visual search but cannot perform a physical search in the absence of any reasonable ground, according to the guidelines laid out by the poll body.


1. Alteration of territory of a precinct or establishment of a new precinct. (Section 5, R.A. 8189).

A precinct shall have a maximum of 200 voters and shall comprise contiguous and compact territories.

As soon as the maximum is reached, a spin-off or daughter precinct shall be created automatically by the commission to accommodate voters residing within the territorial jurisdiction of the original precinct.

In this case, the spin-off or daughter precinct may have less than 200 registered voters.

An island or group of islands with less than 200 voters may also comprise one original precinct.

Splitting of an original precinct or merger of two or more original precincts shall not be allowed without redrawing the precinct map/s 120 days before election day.

The Commission on Elections has listed several acts that are prohibited during the election period from April 14 to May...

Posted by SunStar Philippines on Tuesday, April 24, 2018

2. Use of security personnel or bodyguards by candidates (Section 33, R. A. 7166).

This prohibition, however, can be waived, if there is a presence of "threats to life and security" of a candidates.

The Comelec may allow the use of security bodyguards by candidates with risk exposure. It may also revoke the granting of such security service, provided that there is "any other valid cause." 3. Coercing, threatening, intimidating or terrorizing any election official or employee in the performance of his election functions or duties. [Section 261 (f), OEC].

Until the winning candidates are proclaimed, the poll body prohibits any attempts to "coerce, threaten, intimidate, or terrorize" any election official or employee in the performance of his poll duties.

Such harassments likely exist as some candidates resort to violence to manipulate the election results in their favor.

4. Transfer or detail of officers and employees in the civil service including public school teachers. (Sec. 261 (h), OEC).

5. Organizing or maintaining reaction forces, strike forces or similar forces. (Sec. 261 (u), OEC).

6. Suspension of any elective provincial, city, municipal or barangay officer. (Sec. 261 (x), OEC).

The Comelec disallows any public official to suspend any elective provincial, city, municipal, or village executive without its approval, as provided by Section 261(x) of the OEC.

Such suspension may only be permitted if it "will be for purposes of applying the Anti-Graft and Corrupt Practices Act."

From April 14 until election day, May 14, the following are prohibited:

7. Vote-buying and vote-selling [Section 261(c) OEC]

Any individual will be declared guilty of an election offense if he is into vote-buying or vote-selling, illicit practices. Candidates are reminded not to buy votes just to win in the twin polls.

Likewise, the electorate must not sell their votes just to earn money.

No vote-buying, fund raising or donating cash until Election Day, May 14. | via Henry James Cinco #AllYouNeedToKnow #BSKE2018 #BarangayAndSKElections2018

Posted by SunStar Philippines on Tuesday, April 24, 2018

8. Raising of funds through dances, lotteries, cockfights, etc. (Section 97, OEC.) It is also unlawful for any person to hold dances, lotteries, cockfights, games, boxing bouts, bingo, beauty contests, entertainments or other performances to raise funds for an election campaign, which will be on May 4 to May 12

9. Removing, destroying, obliterating, defacing, tampering or preventing distribution of lawful election propaganda. (Section 83, OEC).

10. Making any donation or gift in cash or in kind. (Section 104, OEC). This prohibition includes the day before election and election day, which in this case is May 14).

Until the winners are proclaimed, candidates risk being charged with an election offense if they coerce, threaten or...

Posted by SunStar Philippines on Tuesday, April 24, 2018

As the village and youth council elections draw near, the public must be aware of such prohibited acts identified above so as to avoid committing election offense. (SunStar Philippines)