Republic of the Philippines
COMMISSION ON ELECTIONS
Manila
Resolution No. 6643 February 27, 2004
RULES ON THE LIQUOR BAN IN CONNECTION WITH THE MAY 10, 2004 NATIONAL AND LOCAL ELECTIONS
Promulgated: 27 February 2004
WHEREAS, the Omnibus Election Code of the Philippines provides:
“SEC. 261. Prohibited Acts. – The following shall be guilty of an election offense:
x x x x x x x x x
"(dd) x x x 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 Ministry 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, further, That foreign tourists taking intoxicating liquor in said authorized hotels or establishments are exempted from the provisions of this subparagraph."
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.
Section 2. Prohibited Period. – The liquor ban shall be in force and effect on the day before the election (May 9, 2004) and on election day (May 10, 2004).
Section 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 tourists taking intoxicating liquor in said authorized hotels or establishments are exempted from the prohibition.
Section 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 the Regional Election director, in cases of hotels and other establishments located in the National Capital Region; Provincial Election Supervisors with respect to establishments located in he municipalities within their respective provinces; and City Election officers with respect to those located within their respective cities/districts.
Section 5. Conditions for the grant of exemption. - 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 operator/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;lawph!l.nę+
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.
Section 6. Revocation 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.
Section 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 n specific areas, shall implement this resolution.
Section 8. Effectivity. - This resolution shall take effect on the seventh day after its publication in tow (2) daily newspapers of general circulation in the Philippines.lawph!l.nę+
Section 9. Dissemination. - The Education and Information Department shall cause the publication of this resolution 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.) BENJAMIN S. ABALOS, SR.
Chairman |
(Sgd.) RUFINO S.B. JAVIER
Commissioner | (Sgd.) MEHOL K. SADAIN
Commissioner |
(Sgd.) RESURRECCION Z. BORRA
Commissioner | (Sgd.) FLORENTINO A. TUASON, JR.
Commissioner
|
(Sgd.) VIRGILIO O. GARCILLANO
Commissioner | (Sgd.) MANUEL A. BARCELONA, JR.
Commissioner |
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