Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

3042

House Bill No._

Introduced by Hon. Rodolfo G. Biazon

EXPLANATORY NOTE

Article II , Section 3 of the 1987 Constitution mandates: “...7he 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):

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 define 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.

Lone District, Muntinlupa City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS,

First Regular Session
042

House Bill No.

Introduced by Hon, Rodolfo G.

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 free, orderly, honest, peaceful, credible and efficient elections. The State shall
insulate its armed forees 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,
local and barangay elections as well as referenda, plebiscites and recall and initiatives.

Sec. 3. Impleinenting 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.

See. 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,