QuestionsQuestions (MIA MEMORANDUM CIRCULAR NO. 113)
It is issued for strict compliance with COMELEC Resolution No. 2805, deputizing the DOTC (and relevant agencies/offices under it, including officials/employees and MARINA enforcement units) to ensure enforcement of specific provisions of the Omnibus Election Code during the March 4, 1996 ARMM election.
It complies with COMELEC Resolution No. 2805, promulgated on July 27, 1995.
The Department of Transportation and Communications (DOTC), its Secretary, and all agencies/offices under it, including their officials and employees, more particularly those whose duties/functions involve election areas and/or operating or doing official business in those election areas.
Section 89 prohibits any candidate, political party/organization, or any person from giving or accepting free of charge transportation during the specified restricted periods (five hours before and after a public meeting, registration days, the day preceding election day, and election day).
It prohibits partisan political contributions given directly or indirectly by persons operating a public utility, or by persons with government contracts/subcontracts to supply goods/services or perform works, or by persons granted franchises/incentives/exemptions/allocations/privileges, or by persons granted government loans/accommodations exceeding P100,000.00 within one year prior to the election.
It makes it unlawful for any person or organization (civic or religious) to solicit and/or accept from any candidate (or campaign manager/agent/representative or persons acting for them) transportation from the start of the election period up to and including election day.
It prohibits, under any guise, the use for election campaign or partisan political activity of any printing press, radio or TV station, audio-visual equipment, or any related equipment/facility/apparatus/paraphernalia/vehicle owned by the government or its subdivisions/agencies (including GOCCs) or the Armed Forces of the Philippines.
Any operator or employee of a public utility or transportation company who refuses to carry official election mail matters free of charge during the election period.
To circularize to all owners and operators of land, air, sea transportation facilities and telecommunication services under CPC, franchises, or authorization that are operating/doing business in the election areas, the enumerated prohibitions under the Omnibus Election Code.
They must apprehend violators of the cited Omnibus Election Code provisions and refer such violators to the COMELEC through its Regional Election Directors or Provincial Election Supervisors for appropriate action.
Transportation companies must report within thirty (30) days following the election day the use, rental, or hiring of their facilities by candidates/parties/coalitions/groups in connection with election campaigning, including the amount paid for such use/rental/hiring, submitted to COMELEC’s Election Records and Statistics Department.
For proper accounting and monitoring of election expenses under Sections 100 and 101, in relation to Section 112 of the Omnibus Election Code.
The Enforcement Office, the Maritime Regional Offices, and other relevant offices/units are directed to apprehend violators and refer violations to COMELEC through its Regional Election Directors or Provincial Election Supervisors.
It takes effect fifteen (15) days after its publication in a newspaper of general circulation.
Because COMELEC Resolution No. 2805 deputizes certain government departments and agencies (and their personnel) to perform specific election-related enforcement and compliance duties within the election areas.
It restricts government-owned (or GOCC-owned) facilities/equipment/vehicles from being used for election campaign or partisan political activity; thus operators using such government equipment/facilities in that manner would be covered by the cited prohibition.