Article 37p. 37

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

thirty days after the election. The municipal or city

warden, the provincial warden, the keeper of the jail or

the person or persons required by law to keep prisoners

in their custody shall post in three conspicuous public

places a list of the prisoners or detention prisoners under

their care. Detention prisoners must be categorized as

such.

(o) Use of public funds, money deposited in trust,

equipment,

facilities

owned

or

controlled

by

the

government for an election campaign. — Any person who

uses under any guise whatsoever, directly or indirectly, (1)

public funds or money deposited with, or held in trust by,

public financing institutions or by government offices,

banks,

or

agencies; (2) any printing press, radio, or

television station or audio-visual equipment operated by

the Government or by its divisions, subdivisions, agencies

or

instrumentalities,

including

government-owned or

controlled corporations, or by the Armed Forces of the

Philippines;

or

(3)

any

equipment,

vehicle,

facility,

apparatus, or paraphernalia owned by the government or

by

its

political

subdivisions,

agencies

including

government-owned or controlled corporations, or by the

Armed

Forces

of

the

Philippines

for

any

election

campaign or for any partisan political activity.

(p) Deadly weapons. — Any person who carries any

deadly weapon in the polling place and within a radius of

one hundred meters thereof during the days and hours

fixed by law for the registration of voters in the polling

place, voting, counting of votes, or preparation of the

election returns. However, in cases of affray, turmoil, or

disorder, any peace officer or public officer authorized by

the Commission to supervise the election is entitled to

carry firearms or any other weapon for the purpose of

preserving order and enforcing the law.

(q) Carrying firearms outside residence or place of

business. — Any person who, although possessing a

permit to carry firearms, carries any firearms outside his

residence or place of business during the election period,

unless

authorized

in

writing

by

the

Commission:

Provided, That a motor vehicle, water or air craft shall not

be

considered

a

residence

or

place

of business or

extension hereof.

This

prohibition

shall

not apply to cashiers and

disbursing officers while in the performance of their

duties or to persons who by nature of their official duties,

profession, business or occupation habitually carry large

sums of money or valuables.

(r) Use of armored land, water or air craft. — Any

person who uses during the campaign period, on the day

before and on election day, any armored land, water or air

craft,

provided

with

any

temporary

or

permanent

equipment or any other device or contraption for the

mounting or installation of cannons, machine guns and

other similar high caliber firearms, including military type

tanks, half trucks, scout trucks, armored trucks, of any

make or model, whether new, reconditioned, rebuilt or

remodelled:

Provided,

That

banking

or

financial

institutions and all business firms may use not more than

two armored vehicles strictly for, and limited to, the

purpose

of

transporting

cash, gold bullion or other

valuables in connection with their business from and to

their place of business, upon previous authority of the

Commission.

(s) Wearing of uniforms and bearing arms. — During

the campaign period, on the day before and on election

day, any member of security or police organization of

government agencies, commissions, councils, bureaus,

offices, or government-owned or controlled corporations,

or privately-owned or operated security, investigative,

protective

or

intelligence

agencies,

who

wears

his

uniform or uses his insignia, decorations or regalia, or

bears arms outside the immediate vicinity of his place of

work: Provided, That this prohibition shall not apply when

said member is in pursuit of a person who has committed

or is committing a crime in the premises he is guarding;

or when escorting or providing security for the transport

of payrolls, deposits, or other valuables; or when guarding

the residence of private persons or when guarding private

residences, buildings or offices: Provided, further, That in

the last case prior written approval of the Commission

shall

be

obtained.

The

Commission shall decide all

applications for authority under this paragraph within

fifteen

days

from

the

date

of

the

filing

of

such

application.

During the same period, and ending thirty days

thereafter any member of the Armed Forces of the

Philippines,

special,

forces,

home

defense

forces,

barangay self-defense units and all other para-military

units that now exist or which may hereafter be organized

who wears his uniform or bears arms outside the camp,

garrison or barracks to which he is assigned or detailed or

outside their homes, in case of members of para-military

units, unless (1) the President of the Philippines shall have

given previous authority therefor, and the Commission

notified

thereof

in

writing,

or

(2)

the

Commission

authorizes him to do so, which authority it shall give only

when necessary to assist it in maintaining free, orderly

and honest elections, and only after notice and hearing.

All personnel of the Armed Forces authorized by the

President or the Commission to bear arms or wear their

uniforms outside their camps and all police and peace

officers

shall

bear

their true name, rank and serial

number, if any, stitched in block letters on a white

background on the left breast of their uniform, in letters

and numbers of a clearly legible design at least two

centimeters tall, which shall at all times remain visible

and uncovered.

During

the

election

period,

whenever

the

Commission finds it necessary for the promotion of free,

orderly, honest and peaceful elections in a specific area, it

shall confiscate or order the confiscation of firearms of

any member or members of the Armed Forces of the

Philippines, police forces, home defense forces, barangay

self-defense units, and all other para-military units that

now exist, or which may hereafter be organized, or any

member

or

members

of

the

security

or

police

organization,

government

ministries,

commissions,

councils,

bureaus,

offices,

instrumentalities,

or

government-owned or controlled corporations and other

subsidiaries, or of any member or members of privately

owned or operated security, investigative, protective or

intelligence

agencies

performing

identical

or similar

functions.

(t)

Policemen

and

provincial

guards

acting

as

bodyguards or security guards. — During the campaign

period, on the day before and on election day, any

member

of

the

city

or

municipal police force, any

provincial or sub-provincial guard, any member of the

Armed Forces of the Philippines, special forces, home

defense forces, barangay self-defense units and all other

para-military units that now exist or which may hereafter

be organized who acts as bodyguard or security guard of

any public official, candidate or any other person, and any

of the latter who utilizes the services of the former as

bodyguard or security guard: Provided, That, after due

notice and hearing, when the life and security of a

candidate is in jeopardy, the Commission is empowered

to assign at the candidate's choice, any member of the

Philippine

Constabulary

or

the

police

force

of

any

municipality within the province to act as his bodyguard

or security guard in a number to be determined by the

Commission but not to exceed three per candidate:

Provided, however, That when the circumstances require

immediate

action,

the

Commission

may

issue

a

temporary order allowing the assignment of any member

of the Philippine Constabulary or the local police force to

act as bodyguard or security guard of the candidate,

subject to confirmation or revocation.

(u) Organization or maintenance of reaction forces,

strike forces, or other similar forces. — Any person who

organizes or maintains a reaction force, strike force or

similar force during the election period.

The heads of all reaction forces, strike forces, or similar

forces shall, not later than forty-five days before the

© Compiled by RGL

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