RE DOTCS CONDUCT IN APPREHENDING THE BUSES CARRYING PEOPLE WHO WILL ATTEND THE VOTERS EDUCATION: LEGAL BASIS:

COMELEC RESOLUTION NO. 9598: DEPUTATION OF CERTAIN DEPARTMENTS UNDER THE EXECUTIVE BRANCH, GOVERNMENT-OWNED AND CONTROLLED CORPORATIONS AND FINANCIAL INSTITUTIONS IN CONNECTION WITH THE MAY 13, 2013 AUTOMATED NATIONAL AND LOCAL ELECTIONS III. The Department of Transportation and Communications The Department of Transportation and Communications (DOTC) shall: a. Circularize to all owners and operators of land and air transportation facilities and telecommunications services, holders of certificates of public convenience, franchises or other forms of authorization, that the following provisions under the Omnibus Election Code are election offenses: 1. Sec. 89, which PROHIBITS any candidate, political party or organization or any person from giving or accepting transportation, free of charge, directly or indirectly during the five (5) hours before and after a public meeting , on the day preceding the election and on election day; xxx c. Require all transportation companies engaged in the operation of transportation facilities to report within thirty (30) days following the day of the election, the use, rental or hiring of their facilities by any candidate, political party, coalition of political parties, or groups or organizations in connection with the election campaign, including the amount paid for such use, rental or hiring, which report shall be submitted to the Regional Election Director of the Region, who in turn shall submit the same to the Law Department, Commission on Elections, Manila, for the purpose of proper accounting and monitoring of expenses under Sections 100 and 101, respectively, in relation to Sec. 112 of the Omnibus Election Code; and

NOTE: What is prohibited is the giving/accepting transportation 5 hours before and after a public mtg on the day preceding election or on the election day. Same Resolution allows the hiring of the bus provided that there shall be a report within 30 days following the election re specifics(use, rental,parties, etc)

REPORT Regional Election Director Law Dept (COMELEC)

RE COMELEC CALENDAR April 3, 2012 COMELEC RESOLUTION NO. 9385: CALENDAR OF ACTIVITIES AND PERIODS OF CERTAIN PROHIBITED ACTS IN CONNECTION WITH THE MAY 13, 2013 NATIONAL AND LOCAL ELECTIONS March 29, 2013 (FRI) to o May 11, 2013 (SAT)

Campaign period for candidates for Member, House of Representatives, and elective regional, provincial, city and municipal officials. (Sec. 5 (b), RA 7166).

January 13, 2013 (SUN) to June 12, 2013 (WED) o PROHIBITED: Transfer or movement of officers and employees in the civil service. (Sec. 261 (h), OEC). Bearing, carrying or transporting firearms or other deadly weapons, unless authorized in writing by the Commission. (Sec. 261 (p) (q) (r) and (s), OEC as amended by Sec.32, RA 7166).

May 12, 2013 (SUN) EVE OF ELECTION DAY o PROHIBITED: Giving, accepting free transportation, food, drinks and things of value (Sec. 89, OEC).

May 13, 2013 (MON) o

ELECTION DAY

PROHIBITED: Giving, accepting free transportation, food, drinks and things of value (Sec. 89, OEC). PROHIBITED: Soliciting votes or undertaking any propaganda for or against any candidate or any political party within the polling place or within 30 meters thereof. (Sec. 261 (cc), OEC).

RE PARTISAN POLITICAL ACTIVITY

WHAT IS PARTSAN POLITICAL ACTIVITY: "Partisan political activity" includes every form of solicitation of the elector's vote in favor of a specific candidate(BERNAS)

Discussion in QUINTO v COMELEC (GR No.189698; 2-22-2010) Subtitle A, Title I, Book V of the Administrative Code of 1987 Section 44. Discipline: General Provisions: xxx (b) xxx xxx xxx

The following shall be grounds for disciplinary action: xxx xxx

(26) Engaging directly or indirectly in partisan political activities by one holding a non-political office. xxx xxx xxx

Section 55. Political Activity. No officer or employee in the Civil Service including members of the Armed Forces, shall engage directly or indirectly in any partisan political activity or take part in any election except to vote nor shall he use his official authority or influence to coerce the political activity of any other person or body. Nothing herein provided shall be understood to prevent any officer or employee from expressing his views on current political problems or issues, or from mentioning the names of his candidates for public office whom he supports: Provided, That public officers and employees holding political offices may take part in political and electoral activities but it shall be unlawful for them to solicit contributions from their subordinates or subject them to any of the acts involving subordinates prohibited in the Election Code. Section 79 (b) of the Omnibus Election Code defines "partisan political activity" as follows: xxx xxx xxx

(b) 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 shall include:

(1) 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; (2) 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; (3) Making speeches, announcements or commentaries, or holding interviews for or against the election of any candidate for public office; (4) Publishing or distributing campaign literature or materials designed to support or oppose the election of any candidate; or (5) Directly or indirectly soliciting votes, pledges or support for or against a candidate. Section 261 (i) of BP Blg. 881 (the Omnibus Election Code) further makes intervention by civil service officers and employees in partisan political activities an election offense, viz.: SECTION 261. Prohibited Acts. The following shall be GUILTY OF AN ELECTION OFFENSE: xxx (i) xxx xxx

Intervention of public officers and employees . Any officer or employee in the civil service, except those holding political offices; any officer, employee, or member of the Armed Forces of the Philippines, or any police force, special forces, home defense forces, barangay selfdefense units and all other para-military units that now exist or which may hereafter be organized who, directly or indirectly, intervenes in any election campaign or engages in any partisan political activity, except to vote or to preserve public order, if he is a peace officer.

Two provisions of the Constitution, taken together, mandate that civil service employees cannot engage in any electioneering or partisan political activity except to vote. Thus, the Constitution provides: Section 2(4), Article IX-B of the Constitution: No officer or employee in the civil service shall engage, directly or indirectly, in any electioneering or partisan political activity. SEIDAC Section 5(3), Article XVI of the Constitution: No member of the military shall engage, directly or indirectly, in any partisan political activity, except to vote.

RE ELECTION OFFENSES II. III. Jurisdiction over election offenses :Regional Trial Court [Sec. 268, OEC] Penalties: Sec. 263, OEC a. imprisonment one (1) to six (6) years, except: 1) when crime is illegal release of prisoners penalty is prision mayor in its maximum period 2) violation of Sec. 266 of the OEC penalty is six (6) years and one (1) day to twelve (12) years b. accessory penalties 1) 2) c. d. disqualification to hold office loss of right of suffrage

if foreigner, deportation after service of sentence fine for political parties P100,000.00 to P500,000.00 [Sec. 46, RA 8189] for election offenses under Sec. 46, RA 8189 not less than P10,000.00 for election offenses under OEC

e. f.

administrative fine of P1,000.00 to P30,000.00 for failure to file Statement of Expenses and Contributions [Sec. 14, RA 7166] revocation of franchise [Sec. 261(dd)(5), OEC]