ALL SHIPPING OPERATORS/OWNERS, SHIPPING CORPORATIONS/COMPANIES AND ENTITIES WITH A CERTIFICATE OF PUBLIC CONVENIENCE OR OTHER AUTHORIZATION FROM THE MARINA AND ALL CONCERNED DOI…

In Compliance with Resolution No. 2118 of the Commission on Elections
promulgated on 17 August 1989, deputizing certain national law
enforcement agencies, specifically the Department of Transportation and
Communications and all concerned agencies/offices, under it as its
deputies, quoted herein, for your strict compliance, observation and/or
appropriate action, are extracts of the pertinent provisions of said
Resolution.

“PART VIII

“THE DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS AND ALL CONCERNED AGENCIES AND OFFICES UNDER IT.”

“The Department of Transportation and Communications, through its
Secretary, and all concerned agencies/offices upon it, particularly
those performing their duties and functions and/or operating or doing
official business in the provinces and cities in the plebiscite areas,
are hereby deputized for purposes of the plebiscite on 19 November 1989
with the following duties and functions:

“1.     Circularize to all owners and operators of land, air and
sea transportation facilities and telecommunication services under
certificates of public convenience, franchises or other forms of
authorization operating or doing business in the plebiscite areas the
following offenses under the Omnibus Election Code which may be
committed through the use of such facilities or services with a warning
that they will be held criminally liable as principals, accomplices or
accessories as evidence may warrant:

” a.   Sections 26, 31 (4) of Resolution No. 2117 of the Commission promulgated on 16 August 1989;

“b.   Sec. 89 of the Omnibus Election Code (Batas Pambansa Blg.
881) prohibiting any candidate, political party or organization or any
person from giving or accepting, free of charge, directly or indirectly,
transportation during the five (5) hours before and after a public
meeting, on the day preceding the election and on election day;

“c.   Sec. 95 of the Omnibus Election Code prohibiting
contributions for partisan political activity made directly or
indirectly by natural or juridical persons operating a public utility;
natural or juridical persons who hold contracts or subcontracts to
supply the government or any of its agencies, to perform construction or
other works; natural or juridical persons who have been granted
franchises, incentives, exemptions, allocations or similar privileges or
concessions by the government or any of its agencies, subdivisions or
instrumentalities including government-owned or controlled corporations;
natural or juridical persons who, within one year prior to the date of
the plebiscite, have been granted loans or other accommodations in
excess of One Thousand (P100,000.00) by the government or any of its
agencies, subdivisions or instrumentalities including government-owned
or controlled corporations;

“d.   Sec. 97 of the same Code making it unlawful for any
person or organization, whether civic or religious, to directly or
indirectly solicit and/or accept from any candidate for public office or
from his campaign manager, agent or representative, or any person
acting in their behalf, transportation from the commencement of the
election period up to an including election day;

“e.   Sec. 261 ( dd) (4) of the same Code which penalizes any
operator or employees of a public utility or transportation company
operating under a certificate of public convenience who refuses to carry
official election mail matters free of charge during the election
period.

“2.     Direct their agents to apprehend violators of the aforesaid
provisions of the Omnibus Election Code and refer such violations to
the Commission, through its Regional Election Directors or Provincial
Election Supervisors, for appropriate action;

“3.     Require all transportation companies engaged in the
operation of transportation facilities to report within thirty (30) days
following the day of the plebiscite the use, rental or hiring of their
facilities by any political party, coalition of political parties, or
groups/organizations in connection with the plebiscite campaign,
including the amount paid for such use, rental or hiring which reports
shall be submitted to the Election Records and Statistics Department of
the Commission on Elections for the purpose of proper accounting and
monitoring of expenses under Sec. 100 and 101, respectively in relation
to Sec. 112 of the Omnibus Election Code;

“4.     Perform such other duties and functions which the Commission may hereafter direct.

The Enforcement Office, the Regional Maritime Offices and other
relevant offices/units of this Authority are hereby directed to
apprehend violators of the provisions of Resolution 2118 and/or the
Omnibus Election Code, and to refer such violations to the Commission
Elections through its Regional Supervisors for appropriate action.

For compliance.

This Circular shall take effect immediately.

Adopted: 26 Oct. 1989 .

(SGD.) PHILIP S. TUAZON
Administrator

Effective: 26 October 1989