MANILA— The Commission on Elections (Comelec) has released guidelines for the implementation of the liquor ban and setting up of checkpoints during the election period, beginning Jan. 9 up to June 8, 2022.

Separate resolutions were issued by the poll body for the purpose: Resolution No. 10746 for the liquor ban and Resolution No. 10741 for checkpoints.

The guidelines are intended for the effective implementation of these election-related activities.

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The Philippine National Police (PNP), National Bureau of Investigation (NBI), regional election directors, provincial election supervisors (PES), election officers (EOs), and the Comelec election law enforcement team, if any, shall implement the liquor ban.

Comelec checkpoints shall be set up by the PNP and Armed Forces of the Philippines (AFP) to implement the firearms ban, which is also in effect during the election period.

The following are key points in the resolutions:

LIQUOR BAN

It shall be unlawful for any person to sell, furnish, offer, buy, serve, or take intoxicating liquor in any area of the country from May 8, 2022, a day before the polls, until election day, May 9.

Hotels, resorts, restaurants and other establishments of similar nature may seek an exemption by securing prior written authority from the regional election director of the National Capital Region (NCR), with respect to establishments in NCR; PES, for those located in municipalities; and EOs, for those in cities and districts.

An exemption may only be granted to an establishment when the following are complied with:

• Application for exemption under oath, containing a statement that the operator or owner of the establishment has no prior election offense conviction;
• Certification from the Department of Tourism (DOT) stating the requesting establishment is tourist-oriented and in the business of catering to foreign tourists;
• Currently licensed to do business in the Philippines or in the area subject of business permit; and
• Has paid required taxes and fees imposed by the national or local government.

The exemption may be revoked by the Comelec motu proprio or upon a petition under oath filed by any person “showing among others, that the reason for which the exemption was granted does not exist or is not justifiable, or that the requesting party or applicant has committed misrepresentation in the application, or introduced or submitted falsified documents.”

The subject establishment will be given an opportunity to present its controverting evidence before a ruling shall be made by the Comelec.

Establishments that need to move liquor from one warehouse to another or to retail outlets may not seek an exemption, provided the sale and/or payment for said bulk movement had already been consummated before the effectivity of the liquor ban.

Violations pertaining to the liquor ban shall constitute an election offense punishable by 1 to 6 years imprisonment without probation, disqualification from holding public office, and deprivation of the right of suffrage.

COMELEC CHECKPOINTS

At least one Comelec checkpoint shall be set up in every city and municipality by the PNP and AFP, in coordination with the EO in the area.

Spot checkpoints may be put up, provided prior notice is given to the EO.

Checkpoints shall be led by a regular member of the PNP or AFP with a rank of at least lieutenant or police lieutenant.

The highest ranking officer in a specific jurisdiction shall designate a lower-ranking officer or non-commissioned officer, in the event that no PNP or AFP officer of either the said ranks is available.

PNP and AFP personnel manning the checkpoints must be in complete service uniform, with name plates and other clearly visible and readable identification tags.

These personnel shall not be under the influence of liquor or dangerous drugs.

“Any violation hereof shall make the offender and his commanding officer/team leader jointly liable for administrative action, without prejudice to the prosecution of any criminal offense,” Resolution No. 10741 said.

Comelec checkpoints must be well-lighted “to allow those who will pass through it to easily identify the AFP or PNP uniformed personnel manning the checkpoints, with their nameplates and other identification tags clearly visible and readable.”

Body cameras or any alternative recording device may be worn by the teams, whenever applicable.

In light of the COVID-19 pandemic, personnel manning checkpoints must observe minimum public health standards and personnel protective equipment (i.e., face mask, etc.).

Officers manning checkpoints are prohibited from accepting any voluntary offer of gifts either in cash and in kind, and from soliciting or “extorting” money from motorists.

Each checkpoint shall have a signboard measuring 3 by 4 feet containing the words:

"STOP Comelec Checkpoint
Please bear with us
Thank you for your cooperation"

The name and office of the EO in the area must be written below, and the name and office of the PNP/AFP commanding officer or team leader.

“2022 Vote S.A.F.E. (secure, accurate, free and fair elections) Pilipinas) National and Local Elections” must also be written below the names and offices of the EOs and PNP or AFP officers.

Signboards must be put up directing motorists to slow down, indicating a Comelec checkpoint ahead.

Warning signs such as “Slow down, checkpoint ahead,” or “Checkpoint 20 meters ahead” shall also be set up.

The team manning a Comelec checkpoint shall require motorists to slow down in the approach, and courteously request them to dim their vehicle headlights and turn on cabin lights.

Motorists cannot be compelled to step out of their vehicles, and only a visual search, “where the officer simply looks into the vehicle and flashes a light therein without opening the door (for cars, trucks, and the like),” is allowed.

Motorists are not obliged to open the glove compartment or trunk, bags and packages.

Routine questions may be asked “with courtesy.”

No person may be subjected to a body or physical search “in the absence of any reasonable ground to believe that [said] person has just committed, is about to commit, or is committing a crime.”

Violations or incidents during the conduct of checkpoints must be reported to the EO within 24 hours.

Valid searches of vehicles must be authorized by a duly issued search warrant, but warrantless searches are allowed in the following instances:

• Vehicle occupant “appears to be suspicious or exhibits unnatural reaction,” which may be indicative of a “criminal activity;” or
• There is prior “corroborated” confidential information.

Roadblocks may be put up “in accordance with existing standard operating procedures,” following proper coordination by the team leader to other teams in the area, in the event a person ignores or evades the Comelec checkpoint.

GUN BAN

Persons bearing firearms who pass through Comelec checkpoints must have the necessary certificate/authority to bear, carry or transport firearms, ammunitions, explosives, controlled chemicals or any components thereof, including the necessary accompanying permits and licenses required under applicable laws.

Hostile situations involving motorists bearing firearms must be dealt with based on PNP/AFP standard operating procedures.

In cases where a valid arrest is justified, the procedures for arrests and searches under the PNP Handbook must be observed, particularly the guidelines for High-Risk Stop and High Risk Arrest, Arrest Without a Warrant, and procedures for warrantless arrests.

All persons arrested at Comelec checkpoints must be accorded their constitutional rights.

When women or minors are among the suspects, the arresting officer shall task the women’s and children’s protection desk (WCPD) officer on-duty or a policewoman familiar with women and protection desk duties to conduct the pat-down search, when necessary.

A separate police blotter shall be made for incidents involving women and children.

When persons with disability are involved, the Magna Carta for Disabled Persons and other relevant domestic and international laws must be observed.


Cases involving the elderly and pregnant women shall be accorded “due respect, courtesy and consideration.”

Persons arrested at Comelec checkpoints, including the seized weapon or material, must be properly turned over to the nearest law enforcement station for conduct of preliminary investigation.

Any untoward incident at a Comelec checkpoint must be reported to the appropriate city or municipal joint security control centers (C/M JSCC), which shall, in turn, forward the report to the appropriate provincial JSCC (PJSCC).

Weekly status reports must be made by the PJSCC and regional JSCC (RJSCC).

FROM THE ARCHIVES:

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