RESOLUTION NO. 8599 :: IN THE MATTER OF THE ENFORCEMENT OF THE 2ND PAR. OF SECTION 23 AND SECTION 24.7 OF R.A. 9189 (OVERSEAS ABSENTEE VOTING LAW OF 2003) RELATING TO THE PROHIBITION OF MOVEMENT OF A PUBLIC OFFICER OR EMPLOYEE FOR PURPOSES OF THE 10 MAY

RESOLUTION NO. 8599

IN THE MATTER OF THE ENFORCEMENT OF THE 2ND PAR. OF SECTION 23 AND SECTION 24.7 OF R.A. 9189 (OVERSEAS ABSENTEE VOTING LAW OF 2003) RELATING TO THE PROHIBITION OF MOVEMENT OF A PUBLIC OFFICER OR EMPLOYEE FOR PURPOSES OF THE 10 MAY 2010 NATIONAL ELECTIONS.


Promulgation: 06 May 2009

WHEREAS, The Overseas Absentee Voting Law of 2003 (R.A. 9189) provides in the second paragraph of Section 23 thereof that:

“No officer or member of the foreign service corps, including those belonging to attached agencies shall be transferred, promoted, extended, recalled or otherwise moved from his current post or position one (1) year before and three (3) months after the day of elections, except upon the approval of the Commission.”

WHEREAS, Section 24.7 of the same law provides:

“Sec. 24. Prohibited Acts. - In addition to the prohibited acts provided by law, it shall be unlawful:

 

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“24.7. For any public officer or employee to cause the transfer, promotion, extension, recall of any member of the foreign service corps, including members of the attached agencies, or otherwise cause the movement of any such member from his current post or position one (1) year before and three (3) months after the day of elections, without securing the prior approval of the Commission.”

WHEREAS, there is a need to issue a Resolution in order that the Commission may implement the above-cited provisions of R.A. 9189.

WHEREAS, the next national elections to be participated in by overseas absentee voters shall be the 10 May 2010 National Elections and therefore, the Department of Foreign Affairs (DFA) through the members of the foreign service corps and other government agencies holding offices at the different Philippine embassies, consulates and other establishments abroad shall again be involved in the conduct of voting, counting and canvassing of votes thereat.

NOW, THEFORE, pursuant to the powers vested in it by the Constitution, the Omnibus Election Code, Republic Act No. 9189 and other related election laws, the Commission RESOLVED, as it hereby RESOLVES as follows:

Section 1. No officer or member of the foreign service corps, including those belonging to attached agencies that have offices abroad, shall be transferred, promoted, extended, recalled or otherwise moved from his current post or position from 10 May 2009 until 8 August 2010.

Section 2. No movement of any member of the foreign service corps shall be made unless the same is approved by the Commission on Elections through the Chairman of the Committee on Overseas Absentee Voting (COAV).

Section 3. Request for movement shall be made in writing by the authorized officials of concerned agencies stating the cause or reason for such movement and stating why said movement should be made an exemption to the prohibition. The request shall specifically identify the government personnel concerned, his current posting and his next assignment abroad.

Section 4. This Resolution shall take effect on the seventh (7th) day after its publication in a newspaper of general circulation in the Philippines.

Section 5. The Education and Information Department (EID) of the Commission shall cause the publication and widest dissemination of this Resolution and shall furnish copies hereof to the Department of Foreign Affairs (DFA), Department of Labor and Employment (DOLE), Department of Transportation and Communications (DOTC), Philippine Postal Corporation (PhilPost), Philippine Overseas Employment Administration (POEA), Overseas Workers’ Welfare Administration (OWWA), Commission on Filipinos Overseas (CFO), the Maritime Industry Authorities (MARINA), the Philippine National Police (PNP) and other concerned government agencies.

SO ORDERED.