OFFICE OF THE PRESIDENT

OF THE PHILIPPINES

MEMORANDUM CIRCULAR NO. 392

ENJOINING OBSERVANCE BY OFFICIALS AND EMPLOYEES OF THE GOVERNMENT, INCLUDING GOVERNMENT-OWNED OR CONTROLLED ENTERPRISES OR CORPORATIONS, OF THE PROHIBITIONS IN THE CONSTITUTIONAL CONVENTION ACT.

For the information and guidance of officials and employees of the Government, including government-owned or controlled enterprises or corporations, in the coming election for delegates to the Constitutional Convention, the pertinent provisions, particularly those prohibiting certain acts, of the 1971 Constitutional Convention (R. A. 6132) and the Revised Election Code (R.A. 180 as amended) referred to in said Act are hereby reproduced.

(Constitutional Convention Act)

SEC. 4. Persons Holding Office – Any person holding a public office or position, whether elective or appointive, including members of the armed forces and officers and employees of corporations or enterprises owned and/or controlled by the government, shall be considered resigned upon filing of his certificate of candidacy…

SEC. 8. Prohibited Acts. – In addition to and supplementing prohibited acts provided for in the Revised Election Code, in the election of delegates:

(a) No candidate for delegate to the Convention shall represent or allow himself to be represented as being a candidate of any political party or any other organization, and no political party, political group, political committee, civic, religious, professional, or other organization or organized group of whatever nature shall intervene in the nomination of any such candidate or in the filing of his certificate of candidacy or give aid or support, directly or indirectly, material or otherwise, favorable to or against his campaign for election: Provided, That this provision shall not apply to the members of the family of a candidate within the fourth civil degree of consanguinity or affinity, nor to the personal campaign staff of the candidate, which shall not be more than one for every ten precincts in his districts: Provided further, That without prejudice to any liability that may be incurred, no permit to hold a public meeting shall be denied on the ground that the provisions of this paragraph may or will be violated: And Provided, finally, That nothing contained herein shall be construed to impair or abridge the freedom of civic, political, religious, professional, trade organization or organized groups of whatever nature to disseminate information about or arouse public interest in, the forthcoming Constitutional Convention, or to advocate constitutional reforms, programs, policies, or proposals for amendment of the present Constitution, and no prohibition contained herein shall limit or curtail the right of their member, as long as they act individually, to support, or oppose any candidate for delegate to the Constitutional Convention.

Likewise, no head of any executive department, bureau or office, official or officer nominated or appointed by the President of the Philippines, head or appointing officer of any government-owned or controlled corporation, shall intervene in the nomination of any such candidate, or in the filing of his certificate of candidacy or give aid or support, directly or indirectly, material or otherwise, in favor of or against his campaign for election.

(b) It shall be unlawful for any public officer. Head, official or appointing officer or body of a government office, agency or instrumentality, including corporations and enterprises owned and/or controlled by the government; or any employer or officer of a commercial, industrial, agricultural, economic or social enterprise, or any private person of private corporation or association; or any head, minister, officer or authority of any religion, religious, fraternal, civic, or social organization, directly or indirectly, to coerce any of their subordinates, employees, tenants, members, affiliates, parishioners, or followers, as the case may be, to aid, campaign, vote for or against any candidate in the election of delegates to the Constitutional Convention.

The coercion referred to in this section shall include, but shall not be limited to, any of the following acts: (1) To punish or threaten to punish with dismissal, expulsion, ejectment, ex-communication, transfer, reduction in wage, salary or compensation; (2) to prevent, or unduly interfere with the performance of duty or work, or the exercise of the freedom of worship; and (3) other forms of penalties or reprisal, as the case may be.

(c) Except upon prior written authority of the Commission after due notice and hearing, it shall be unlawful for any head, official, or appointing officer of a government office, agency or instrumentality, whether national or local, including corporations and enterprises owned or controlled by the government, to appoint or hire any new employees, whether provisional, temporary or casual, or to create and fill any new position within forty-five days before the election provided for in this Act.

The Commission shall not grant the authority sought unless it is satisfied that the position to be filled is essential to the proper functioning of the office or agency concerned, and that the position shall not be filled in a manner that may influence the election for delegate.

As an exception to the foregoing provisions, a new employee may be appointed in case of urgent need; Provided, however, That notice of the appointment shall be given to the Commission and to all candidates within the district within three days from the date of the appointment.

Any appointment or hiring in violation of the provision shall be null and void.

(d) It shall be unlawful for any government official, including barrio officials, within forty-five days before the election, to release, disburse or expend any funds for:

1. Any and all kinds of public works, unless the authority of the Commission on Election is first obtained, which authority shall be given only after due notice and hearing and only for necessary maintenance or repairs for the preservation of existing projects.

2. The Department of Social Welfare and any other office in any other department of the government performing functions similar to those of the said department, except for salaries of personnel, and for such other routine and normal expenses. Should a calamity or disaster occur, all release normally or usually coursed through over to the administered and disbursed by the Philippine National Red Cross, subject to the supervision of the Auditor General or his representative, and no candidate or his or her spouse shall be present during the distribution of any relief or other goods to the victims of the calamity or disaster.

3. The Presidential Arm on Community Development and any other office in any other department of the government performing functions similar to said department, except for salaries of personnel and for such other necessary administrative expenses as the Commission on Elections may previously authorize after due notice and hearing.

(e) It shall be unlawful during the period of forty-five days before the day of election provided for in this Act:

1. For any person (a) to make any reference to releases of public works funds or barrio development funds, (b) to undertake the construction of public works with materials or equipment procured before the forty-five day period, or (c) to make deliveries of materials for public works purchased before the prohibited period, for the purpose, in each of the foregoing cases, of influencing voters;

2. For any government official to give or promise to give any increase of salary or renumeration or privileges to any government official or employee, including those in government owned or controlled corporations; and

3. For any government owned or controlled corporation to give or cause to be given, and/or to contribute or cause to be contributed any sums of money for any charitable, religious, or social cause whatsoever.

(f) During the period beginning thirty days before the election and ending thirty days thereafter, it shall be unlawful for any member of the Armed Forces of the Philippines, including the Philippine Constabulary, Special Force, Home Defense Forces, Barrio Self-Defense Units and all other para-military units that now exist or may hereafter be organized, to wear his uniform or bear arms outside the camp, garrison or barracks to which he is assigned or detailed (or outside their homes, in the case of members of home defense forces, barrio self-defense units and other para-military units), unless (1) The President of the Philippines shall have given previous authority therefor, or (2) the Commission on Elections authorizes him to do so, which authority it shall give only when necessary, to assist it in maintaining free, honest and orderly elections, and only after notice and hearing. All personnel of the armed forces authorized by the President of the Commission on Elections 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 black letters of a white background on the left breast of their uniform, in letters and numbers of a clearly legible design at least two centimeters tall.

Nothing in this section shall be construed as in any manner affecting, or constituting an impairment of, the powers of the President as Commander-In-Chief of all armed forces of the Philippines.

(g) It shall be unlawful for any member of the security or police organizations of government departments, commissions, councils, bureaus, office, or government owned or controlled corporations, or privately-owned or operated security, investigative, protective, or intelligence agencies, to wear his uniform or make use of his insigniac, decorations or regalia or bear arms, except within the immediate vicinity office, corporation or agency during the prohibited period as provided in this act.

SEC 9. Arrest of Persons Committing Acts of Terrorism.- Any person who publicly bears arms in vilation of Section 878 and 2692 of the Revised Administrative Code, and amended by Commonwealth Act Numbered 56, or publicly makes use of uniforms, or insignias, in violation of Article 179 of the Revised Penal Code, or Section three of Republic Act Numbered 75, anywhere during the prohibited period as provided in this Act, shall be subject to arrest at the time he is actually committing any of the foregoing acts not only by a peace officer but also by a private person even in the absence of the circumstances provided by Rule 113, Section 6 of the Rules of Court.

Any person who publicly carries a firearm, and actually threatens voters to vote for or against any candidate, or not to vote at all, or prevents the Chairman or any member of the Election Registration Board, the Board of Inspectors or the Board of Canvassers, or a duly appointed watcher from freely performing his duties by means of force, violence, coercion, threats or intidation shall be guilty or a serious election offense and may likewise be placed under arrest as provided in the preceding paragraph.

Any person making arrest with legal grounds shall, without unnecessary delay and within the time prescribed in Article 125 of the Revised Penal Code, as amended, take the person arrested to the proper court or judge for such action as it/he may deem proper to take.

SEC 10. Criminal Liability of Custodians of Illegally Released Prisoners Before and After Election.- The Director of the Bureau of Prisons, the Provincial Warden, the Keeper of the jail and the person or persons who are required by law to keep prisoners in their custody who shall illegally order or allow any prisoner detained in the national penitentiary, provincial, city or municipal jail to leave the premises thereof sixty (60) days before and thirty (30) days after the election for the purpose of terrorizing or intimidating any voters, the Chairman or a member of the Board of Election Inspectors, the Board of Canvassers, or the Election Registration Board, or a duly appointed watcher, shall, if convicted by a competent court, be made to suffer the penalty of prision mayor in its maximum period: Provided, That if the prisoner or prisoners so illegally released thus commits any such act of intimidation, terrorism or interference, then the penalty shall be life imprisonment.

SEC. 12. Regulations of Election Spending and Propaganda

x                                         x                                             x

(D) It shall be unlawful for any candidate to avail of the franking privilege, and for any official of the government to use or extend such privilege, for the purpose of furthering or opposing to the Constitutional Convention.

(Revised Election Code)

SEC. 46. Prohibited Collections of Funds.- It shall be unlawful for any person to hold balls, lottery, beauty contests, entertainments or cinematographic, or theatrical, or other performances during one hundred twenty days immediately preceding a regular or special election, for the purposes of raising funds for benefit purposes or of election campaign, or for the support of any candidate; and no person or organization, whether civic or religious, shall directly or indirectly solicit and/or accept from any candidate for public office, or from his campaign manager, agent or representative, any gift, contribution or donation in cash or in kind during the aforementioned period: Provided, That normal and customary religious dues and/or contributions, such as religious dues and/or contributions, such as religious stipends, tithes or collections on Sundays and/or other designated collection days, are excluded from this prohibition. (C. A. 357-40, as amended by R. A. 4918)

SEC. 49, Unlawful expenditures.- It is unlawful for any person to make or offer to make an expenditure, or to cause an expenditure to be made or offered to any person to induce one either to vote or withhold his vote, or to vote for or against any candidate, or any aspirant for the nomination or selection of a candidate of a political party, and it is unlawful for any person to solicit or receive directly or indirectly any expenditure for any of the foregoing considerations. (C. A. 357-43)

SEC. 50. Unlawful electioneering.– During registration and voting days, it is unlawful to solicit vote or undertake any propaganda for or against any candidate or any party within the polling place and within a radius of thirty meters thereof. (C. A. 357-44)

SEC. 51. Prohibition regarding transportation, food and drinks. – It is unlawful for any candidate, political committee, voter or any other person to give or accept, free or charge, directly or indirectly, transportation, food, or drinks during a public meeting in favor of any or several candidates and during the three hours before and after such meeting, or on registration days, on the day preceding the voting and on the day of the voting; or to give or contribute, directly or indirectly, money of things of value for such purposes. (C. A. 357-45)

SEC. 53. Deadly weapons.- It is unlawful to carry deadly weapons in the polling place and within a radius of thirty meter thereof during the days for registration, voting and canvass. However, in cases of affray, tumult or disorder, any peace or public officer authorized to supervise the elections may carry firearms or any other weapons for the purpose of preserving order and enforcing the law. (C. A. 357-47)

SEC. 54. Active intervention of public officers and employees. – No justice, judge, fiscal, treasurer or assessor of any province, no officer of employee of the Army, no member of the national, provincial, city, municipal or rural police force, and no classified civil service officer or employee shall aid any candidate, or exert influence in any manner in any election or take part therein, except to vote, if entitled thereto, or to preserve public peace, if he is a peace officer. (C. A. 357-48)

SEC. 55. – Soliciting contributions from subordinate prohibited.– Public officers and employees holding political to the classified civil service, though they may take part in political and electoral activities shall refrain from soliciting contributions from their subordinates for partisan purpose. (C. A. 357-49)

Strict observance of the above prohibitions is hereby enjoined.

(SGD.) FERDINAND E. MARCOS

President

Republic of the Philippines

Manila September 4, 1970

Source: Presidential Management Staff