COMELEC Resolution No. 3400




Republic of the Philippines COMMISSION ON ELECTIONS Manila RESOLUTION NO. 3400 RULES ON THE LIQUOR BAN IN CONNECTION WITH THE MAY 14, 2001 ELECTIONS WHEREAS, the Omnibus Election Code of the Philippines provides: "Sec. 261. Prohibited Acts. The following shall be guilty of an election offense: xxx xxx xxx "(dd) xxx (1) Any person who sells, furnishes, offers, buys, serves or takes intoxicating liquor on the days fixed by law for the registration of voters in the polling place, or on the day before the election or on election day. Provided, That hotels and other establishments duly certified by the Department of Tourism as tourist-oriented and habitually in the business of catering to foreign tourists may be exempted for justifiable reasons upon prior authority of the Commission. Provided, That foreign tourist taking intoxicating liquor in said authorized hotels or establishments are exempted from the provisions of this sub-paragraph." WHEREAS, violation of said prohibited acts shall be punishable with imprisonment of not less than one year but not more than six years and shall not be subject to probation, and in addition, the guilty party shall suffer disqualification to hold public office and deprivation of the right of suffrage; NOW THEREFORE, the Commission on Elections (Commission) pursuant to the powers vested in it by the Constitution, the Omnibus Election Code, and other election laws, has RESOLVED, to promulgate as it hereby promulgates the following implementing rules: Section 1. Prohibited Acts. It shall be unlawful for any person, including owners and managers of hotels and establishments to sell, furnish, offer, buy, serve or take intoxicating liquor anywhere in the Philippines. Sec. 2. Prohibition Period. The liquor ban shall be in force and effect on the day before the election (May 13, 2001) and on election day (May 14, 2001). Sec. 3. Exemption. Hotels and other establishments duly certified by the Department of Tourism as tourist-oriented and habitually in the business of catering to foreign tourists may be exempted from the liquor ban, PROVIDED they secure prior written authority upon showing that there are justifiable reasons therefor from the action officers enumerated in Sec. 4 hereof. Only foreign tourist taking intoxicating liquor is said authorized hotels or establishments are exempted from the prohibition. Sec. 4. Where to apply for and secure exemption. Applications for exemption together with supporting documents, shall be filed with, and duly acted upon by the following. The Office of Regional Election Director, in cases of hotels and other establishments located in the National Capitol Region; Provincial Election Supervisors with respect to establishments located in the municipalities within their respective provinces, and City Election Officers with respect to those located within their respective cities/districts. Sec. 5. Conditions for the grant of exemptions. Exemption may be granted only upon compliance and submission of the following: The request/petition/application for exemption must be under oath and must contain a statement that the hotel/establishment operators/owners have not been convicted for an election offense; Certification by the Department of Tourism shall state that the requesting hotel or establishment is tourist-oriented and is habitually in the business of catering to foreign tourists; Certification by the Department of Tourism to prove that said hotel or establishment is currently licensed to do business; and Certification by the Department of Tourism to prove that the individual or establishment has paid the required taxes and/or fees imposed by the government or any of its agencies or instrumentalities. Sec. 6. Renovation of exemption. The exemption granted may be revoked or set aside by the Commission upon petition of any interested party on showing, among others, that the reason upon which the exemption was made does not exist or is not justifiable, or that the requesting party or applicant has committed misrepresentation in the application, or introduced or submitted falsified documents. Sec. 7. Who shall implement. The Philippine National Police (PNP), Armed Forces of the Philippines (AFP), National Bureau of Investigation, Regional Election Directors, Assistant Regional Election Directors, Provincial Election Supervisors, Election Officers, and the Comelec Election Laws Enforcement Team (ELET) if any, which will be fielded by the Commission in specific areas, shall implement this resolution. Sec. 8. Effectivity. This resolution shall take effect on the seventh day following its publication in two (2) daily newspapers of general circulation in the Philippines. Sec. 9. Dissemination. The Education and Information Department shall cause the immediate publication of this resolution for two consecutive days in two (2) daily newspapers of general circulation and shall furnish copies thereof to the Department of Tourism, Association of Hotels and Restaurants, Regional Election Directors, Provincial Election Supervisors, Election Officers, the Armed Forces of the Philippines, the Philippine National Police, the National Bureau of Investigation and the accredited Citizens Arm of the Commission. SO ORDERED. (SGD.) HARRIET O. DEMETRIOU, Chairman (SGD.) JULIO F. DESAMITO, Commissioner (SGD.) TERESITA DY-LIACCO FLORES, Commissioner (On Official Business) LUZVIMINDA G. TANCANGCO, Commissioner (SGD.) RALPH C. LANTION, Commissioner (On Official Business) RUFINO S.B. JAVIER, Commissioner (SGD.) MEHOL K. SADAIN, Commissioner Promulgated, 15 December 2000. The Lawphil Project - Arellano Law Foundation