Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
First Regular Session

House BrLtNo.__ 2981

Authored by HON. JOSEPH VICTOR G. EJERCITO

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 duly
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 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 maintain professionalism among its rank. 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.

JOSEPH VICTOR G. EJERCITO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
First Regular Session

A i
HOUSE BILL NO. 2984

Authored by HON. JOSEPH VICTOR G. EJERCITO

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 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
where there is a need to augment PNP units in 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 v or
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 purpose 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 the 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,