Legal Basis and Constitutional Provisions
- Section 2(4), Article IX-C of the 1987 Philippine Constitution empowers the COMELEC to deputize law enforcement agencies to ensure free, orderly, honest, peaceful, and credible elections.
- Such deputation requires the President's concurrence, emphasizing the importance of executive oversight.
- Section 18, Article VII of the Constitution designates the President as the Commander-in-Chief of all armed forces, granting him authority over the AFP.
- Section 17, Article VII further vests the President with control over all executive departments, bureaus, and offices, underscoring presidential control over law enforcement agencies.
Scope of Deputation and Coordination
- The deputation applies to the AFP, PNP, and other law enforcement agencies and government instrumentalities involved in the plebiscite.
- These agencies are tasked to assist and collaborate with the COMELEC to ensure the smooth conduct of the plebiscite.
- Their performance of duties is subject to existing laws, rules, and regulations governing elections and law enforcement conduct.
Presidential Concurrence and Authority
- President Ferdinand R. Marcos Jr., exercising his constitutional powers, expressly consents to the COMELEC's deputation request by Memorandum Order No. 21, dated 1 March 2024.
- This concurrence legally authorizes the AFP, PNP, and other law enforcement bodies to perform deputized functions in connection with the upcoming plebiscite.
Duties and Obligations of Deputized Agencies
- Deputized law enforcement agencies are directed to maintain peace and order throughout the plebiscite process.
- They must ensure the election is conducted in a manner that is free from fraud, violence, or disorder.
- Coordination and cooperation with the COMELEC is mandated to facilitate efficient implementation of electoral responsibilities.
- All activities must remain compliant with all pertinent laws, rules, and regulations affecting electoral and law enforcement processes.
Subject Matter: Plebiscite for Barangay Creation
- The plebiscite aims to ratify the creation of three new barangays: Sultan Corobong, Sultan Panorogan, and Angayao in Marawi City.
- The City Ordinance Nos. 18-11, 19-11, and 20-11 (s. 2023) enacted by the Sangguniang Panlungsod formally created these barangays pending ratification.
Formality and Execution
- The Memorandum Order was prepared and signed in Manila on 1 March 2024.
- The President executed the order through the Office of the Executive Secretary, signaling formal government authorization for the deputation.