QuestionsQuestions (MEMORANDUM ORDER NO. 312)
The Memorandum Order cites Article IX(C), Section 2(4) of the 1987 Constitution as its legal basis for deputization in connection with electoral exercises.
The National Police Commission (NAPOLCOM) and the Philippine National Police (PNP) were deputized.
They were deputized to ensure free, orderly, honest, peaceful, and credible conduct of the March 13, 2010 plebiscite.
The plebiscite is to ratify the creation of a new barangay to be segregated from Barangay Guadalupe to be named Barangay Banawa-Englis, in Cebu City.
Republic Act No. 9905, dated January 7, 2010.
The President expresses concurrence with COMELEC Resolution No. 8776 dated February 17, 2010.
Resolution No. 8776, dated February 17, 2010.
It means that COMELEC, with the President’s concurrence under the Constitution, assigns law enforcement bodies to support/ensure the conduct of an electoral exercise, particularly to maintain order and credibility.
It emphasizes the requirement of free, orderly, honest, peaceful, and credible elections/plebiscites.
A new barangay, Banawa-Englis, is to be created by segregating territory from Barangay Guadalupe.
RA 9905 provides for the creation of the new barangay; the plebiscite is held pursuant to that law to ratify the creation.
They are tasked to help ensure the plebiscite is conducted in a free, orderly, honest, peaceful, and credible manner.
The President’s Memorandum Order expresses concurrence in COMELEC’s resolution, thereby enabling the deputization of NAPOLCOM and PNP for the plebiscite.
Because deputization of law enforcement agencies under the Constitution requires concurrence, reflecting shared constitutional roles between COMELEC (election administration) and the Executive (through the President) to support electoral integrity.