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SIXTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 8 B e 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
Article II , Section 3 of the 1987 Constitution mandates: " ... The Armed 
Forces of the Philippines is the protector of the people and the State. Its goal is 
to secure the sovereignty of the State and the integrity of the national territory. " 
In relation to this mandate, the Constitution specifies that this duty extends 
to the protection of the sanctity of the ballot as enunciated in Article IX, 
Paragraph c, Section 2, (4): 
"Sec. 2. The Commission on Elections shall exercise the following powers 
and functions: 
(4) Deputize, with the concurrence of the President, law enforcement 
agencies and instrumentalities of the Government, including the Armed 
Forces of the Philippines, for the exclusive purpose of ensuring free, 
orderly, honest, peaceful, and credible elections. " 
While the AFP may be deputized as such our fundamental law also 
stipulates in Article XVI, Section 5 (3) which states: 
" ... The armed forces shall be insulated from partisan politics. No member 
of the military shall engage directly or indirectly in any partisan political 
activity, except to vote. " 
This bill seeks to do just this by defining the role of the AFP during 
elections not only to make it an instrument in moving this country forward but 
also to maintain professionalism among its ranks. Allegations regarding the 
involvement of certain members of the AFP affecting the results of elections have 
been plaguing this country for quite some time and reached its pinnacle in 2004 
when the so-called "Hello Garci Tapes" came out. The passage of this proposed 
measure is envisioned to lessen if not totally stop this malady affecting the 
conduct of our elections. 
With the foregoing, passage of this bill is earnestly sought. 
GOY EJERCITO ESTRADA 
Senator 


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SIXTEENTH CONGRESS OF THE REPUBLIC) 
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OF THE PHILIPPINES 
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First Regular Session 
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SENATE 
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Senate Bill No. 
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INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
TO DEFINE THE ROLE OF THE ARMED FORCES OF THE PHILIPPINES 
(AFP) DURING ELECTIONS 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
SECTION 1. Declaration of Policy. - It is hereby declared a policy of the 
State to maintain a free, orderly, honest, peaceful, credible and efficient 
elections. The State shall insulate its armed forces from politics and that no 
member of the military shall engage in any partisan political activity, except to 
vote. 
SEC. 2. Role of the Armed Forces of the Philippines (AFP). - The 
Armed Forces of the Philippines or any of its units or members thereof shall only 
be deputized to maintain peace and order during elections when there are no 
available units or members of the Philippine National Police (PNP) or when there 
is a need to augment the PNP units in a certain area as determined by the 
Commission on Elections (COMELEC) through a resolution approved by a 
majority of its Commissioners. 
In no manner shall the AFP be deputized in activities related to the 
handling and opening of ballot boxes; counting, tallying, and canvassing of votes; 
and proclamation during any electoral exercise. Whenever a unit or a member of 
the AFP is deputized in the transportation of ballots, such role shall be limited to 
providing security to ensure the safety of election personnel tasked to transport 
these ballots and the integrity of election paraphernalia. 
For purposes of this Act, the word "elections" shall include all national, 
regional and local elections as well as referenda, plebiscites and recall and 
initiatives. 
SEC. 3. Implementing Rules and Regulations. -The COMELEC and the 
Department of National Defense (DND) shall promulgate the necessary rules and 
regulations within sixty (60) days upon the effectivity of this Act. 
SEC. 4. Repealing Clause. - All laws, decrees, executive issuances, rules 
and regulations inconsistent with this Act are hereby repealed or modified 
accordingly. 


SEC. 5. Separability Clause. - The provisions of this Act are hereby 
declared to be separable, and in the event one or more of such provisions is held 
unconstitutional, the validity of the other provisions shall not be affected thereby. 
SEC. 6. Effectivity . . - This Act shall take effect fifteen (15) days from the 
date of its publication in the Official Gazette or in at least two newspapers of 
general circulation, whichever comes earlier. 
Approved,