Legal basis and deputization mandate
- COMELEC Resolution No. 2805 required the Department of Transportation and Communications and its Secretary, including all agencies/offices under it, to be deputized to implement election-law prohibitions in ARMM for the March 4, 1996 election.
- MIA Memorandum Circular No. 113 implements the deputization mandate for the DOTC and relevant offices/units by directing enforcement actions and compliance measures.
- The Circular ties its operational requirements to specific Omnibus Election Code provisions by identifying them by section number and their corresponding election-law effects.
Scope: covered entities and election areas
- The DOTC and its agencies/offices are deputized to perform duties in election areas where their functions are performed and where they operate or transact business in connection with the March 4, 1996 election in ARMM.
- The deputized duties apply to “owners and operators of land, air and sea transportation facilities and telecommunication services” operating under certificate of public convenience, franchises, or other forms of authorization in the election areas.
- The deputization includes “officials and employees” of DOTC and its attached or under/related agencies/offices performing relevant election-area duties.
- The enforcement direction extends to the Enforcement Office, Maritime Regional Offices, and other relevant offices/units of this Authority for apprehension and referral.
Deputized circularization of election prohibitions
- The DOTC, its Secretary, and all agencies/offices under it must circularize the identified Omnibus Election Code prohibitions to all covered transportation and telecommunication owners and operators in the election areas.
- The Circularized prohibitions must cover five enumerated Omnibus Election Code provisions:
- Section 89: prohibits any candidate, political party or organization, or any person from giving or accepting transportation free of charge during specified periods.
- Section 95: prohibits partisan political activity contributions connected to public utility operations, government contracts/subcontracts, franchises/privileges/concessions, incentives/exemptions/allocations, and large loans/accommodations exceeding a stated threshold.
- Section 91: makes it unlawful for any person or organization (civic or religious) to solicit and/or accept transportation from candidates and campaign representatives.
- Section 261(o): prohibits use of government-operated printing/radio/TV/audio-visual equipment (and listed government-owned or AFP-owned equipment/facilities/vehicles) for election campaigns or partisan political activity.
- Section 261(dd)(4): penalizes operators or employees of public utilities/transportation companies who refuse to carry official election mail matters free of charge during the election period.
Required enforcement and referral mechanism
- The DOTC, its Secretary, and its agencies/offices must direct agents to apprehend violators of the cited Omnibus Election Code provisions.
- Violators must be referred to COMELEC through Regional Election Directors or Provincial Election Supervisors for appropriate action.
- The Enforcement Office, Maritime Regional Offices, and other relevant offices/units are also directed to apprehend violators of the quoted Omnibus Election Code provisions and to refer the violations to COMELEC through its Regional Election Directors or Provincial Election Supervisors.
Transportation reporting requirement after the election
- All transportation companies engaged in operating transportation facilities must report within thirty (30) days following election day.
- The report must state the use, rental or hiring of transportation facilities by any candidate, political party, coalition of political parties, or groups/organizations in connection with the election campaign.
- The report must include the amount paid for such use, rental, or hiring.
- The report must be submitted to the Election Records and Statistics Department of the Commission on Elections for proper accounting and monitoring of expenses under Secs. 100 and 101, respectively, in relation to Sec. 112 of the Omnibus Election Code.
Other COMELEC-directed duties
- The DOTC, its Secretary, and all agencies/offices under it must perform other duties and functions that COMELEC may hereinafter direct.
Effect of publication and compliance directive
- The Circular imposes a compliance duty for the DOTC and its related offices/units to carry out deputized election-law enforcement and reporting for the March 4, 1996 ARMM election.
- The Circular requires “for compliance,” with adoption by the MARINA Board as reflected by the signed authority of PACIENCIO M. BALBON, JR. as Administrator.