COMELEC RESOLUTION No. 9411
IN THE MATTER OF THE ENFORCEMENT OF THE 2nd PARAGRAPH OF SECTION 23 AND SECTION 24.7 OF R.A. 9189 (OVERSEAS ABSENTEE VOTING LAW OF 2003) RELATING TO THE PROHIBITION OF MOVEMENT OF OFFICERS OR MEMBERS OF THE FOREIGN SERVICE CORPS, INCLUDING THOSE ATTACHED AGENCIES FOR PURPOSES OF THE 13 MAY 2013 NATIONAL ELECTIONS
Promulgated: 18 April 2012
WHEREAS, the Overseas Absentee Voting Law of 2003 (R.A. 9189) provides in the second paragraph of Section 23 thereof that:
No officer or member of the foreign service corps, including those belonging to attached agencies shall be transferred, promoted, extended, recalled or otherwise moved from his current post or position one (1) year before and three (3) months after the day of elections, except upon the approval of the Commission.
WHEREAS, Section 24.7 of the same law provides:
Section 24. Prohibited Acts. – In addition to the prohibited acts by law, it shall be unlawful:
xxx xxx xxx24.7. For any public officer or employee to cause the transfer, promotion, extension, recall of any member of the foreign service corps, including members of the attached agencies, or otherwise cause the movement of any such member from his current post or position one (1) year before and three (3) months after the day of the elections, without securing the prior approval of the Commission.
WHEREAS, there is the need to issue a Resolution in order that the Commission may implement the above-cited provisions of R.A. 9189.
WHEREAS, the next national elections to be participated in by overseas absentee voters shall be 13 May 2013 National Elections and therefore, the Department of Foreign Affairs (DFA) through the member of the foreign service corps and other government agencies holding offices at the different Philippine embassies, consulates and other establishments abroad shall again be involved in the conduct of voting, counting an canvassing of votes thereat.
NOW THEREFORE, pursuant to the powers vested in it by the Constitution, the Omnibus Election Code, Republic Act No. 9189 and other related election laws, the Commission, RESOLVED, as it hereby RESOLVES as follows:
Section 1. No officer or member of the foreign service corps, including those belonging to attached agencies that have offices abroad, shall be transferred, promoted, extended, recalled or otherwise moved from his current post or position from 13 May 2012 until 11 August 2013.
Section 2. No movement of any member of the foreign service corps shall be made unless the same is approved by the Commission on Elections through the Chairman of the Committee on Overseas Absentee Voting (COAV).
Section 3. Request for movement shall be made in writing by the authorized officials of concerned agencies stating the cause or reason for such movement and stating why said movement should be made an exemption to the prohibition. The request shall specifically identify the government personnel concerned, his current posting and his next assignment abroad.
Section 4. This Resolution shall take effect on the seventh (7th) day after its publication in a newspaper of general circulation in the Philippines.
Section 5. The Education and Information Department (EID) of the Commission shall cause the publication and widest dissemination of this Resolution and shall furnish copies hereof to the Department of Foreign Affairs (DFA), Department of Labor and Employment (DOLE), Department of Transportation and Communication (DOTC), Philippine Postal Corporation (Philpost), Philippine Overseas Employment Administration (POEA), Overseas Workers’ Welfare Administration (OWWA), Commission on Filipinos Overseas (CFO), the Maritime Industries Authorities (MARINA), and other concerned government agencies.
(Sgd.) SIXTO S. BRILLANTES, JR.
(Sgd.) RENE V. SARMIENTO
(Sgd.) LUCENITO N. TAGLE
(Sgd.) ARMANDO C. VELASCO
(Sgd.) ELIAS R. YUSOPH
|(Sgd.) CHRISTIAN ROBERT S. LIM
|(Sgd.) AUGUSTO C. LAGMAN