WHEREAS, the Omnibus Election Code of the Philippines provides:

"Sec. 261. Prohibited Acts. - The following shall be guilty of an election offense:

"X X X

X X X

X X X

(dd) x x x (1) Any person who sells, furnishes, offers, buys, serves or takes intoxicating liquor on the days fixed by law for the registration of voters in the polling place, or on the day before the election or on the election day. Provided, That hotels and other establishments duly certified by the Department of Tourism as tourist-oriented and habitually in the business of catering to foreign tourists may be exempted for justifiable reasons upon prior authority of the Commission. Provided, That foreign tourist taking intoxicating liquor in said authorized hotels or establishments are exempted from the provisions of this sub-paragraph."

WHEREAS, violation of said prohibited acts shall be punishable with imprisonment of not less than one (1) year but not more than six (6) years and shall not be subject to probation, and in addition, the guilty party shall suffer disqualification to hold public office and deprivation of the right of suffrage;

NOW, THEREFORE, the Commission on Elections (Commission) pursuant to the powers vested in it by the Constitution, the Omnibus Election Code, and other election laws, has RESOLVED to promulgate as it hereby promulgates the following implementing rules in connection with the conduct of the November 13, 2010 Special Elections in the Province of Basilan, First Legislative District of Bulacan and certain areas in Lanao del Sur:

SECTION 1. Prohibited Acts. - It shall be unlawful for any person, including owners and managers of hotels and establishments in the Province of Basilan, First Legislative District of Bulacan and certain areas in Lanao del Sur, pursuant to Minute Resolution No. 10-0776, dated 17 August 2010, to sell, furnish, offer, buy, serve, or take intoxicating liquor.

SEC. 2. Prohibition Period. - The liquor ban shall be in force and effect on November 12, 2010, the day before the election and on November 13, 2010, the day of the elections.

SEC. 3. Exemption. - Hotels and other establishments duly certified by the Department of Tourism as tourist-oriented and habitually in the business of catering to foreign tourists may be exempted from the liquor ban, PROVIDED they secure prior written authority from the Commission, as provided for in Section 4 below, upon showing that there are justifiable reasons therefor.

Foreign tourists taking intoxicating liquor in said authorized hotels or establishments are exempted from the prohibition.

SEC. 4. Where to apply for and secure exemption. - Applications for exemption together with supporting documents, shall be filed with, and duly acted upon by the Provincial Election Supervisors with respect to establishments located in the municipalities within their respective provinces, and City Election Officers with respect to those located within their respective cities/districts.

SEC. 5. Conditions for grant of exemptions. - Exemption may be granted only upon compliance and submission of the following:

a.) the request/petition/application for exemption must be under oath and must contain a statement that the hotel/establishment operators/owners have not been convicted for an election offense;

b.) Certification by the Department of Tourism shall state that the requesting hotel or establishment is tourist-oriented and is habitually in the business of catering to foreign tourists;

c.) Certification by the Department of Trade and Industry (DTI) to prove that said hotel or establishment is currently licensed to do business; and

d.) Certification by the Bureau of Internal Revenue (BIR) to prove that the individual or establishment has paid the required taxes and/or fees imposed by the government or any of its agencies or instrumentalities. (as corrected)

SEC. 6. Revocation of exemption. - The exemption granted may be revoked or set aside by the Commission upon petition of any interested party on showing, among others, that the reason upon which the exemption was made 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.

SEC. 7. Who shall implement. - The officers concerned of the Philippine National Police (PNP), Armed Forces of the Philippines (AFP), National Bureau of Investigation (NBI), Regional Election Directors (RED), Asst. Regional Election Directors (ARED), Provincial Election Supervisors (PES), and Election Officers shall implement this resolution.

SEC. 8. Penalty. - Any violation of the provisions of this Resolution shall, consistent with Sections 261 and 264 of the Omnibus Election Code, constitute an election offense and shall be punishable by imprisonment of not less than one year but not more than six years, among other penalties provided for by law.

SEC. 9. Effectivity. - This Resolution shall take effect on the seventh (7th) day after its publication in two (2) daily newspapers of general circulation in the Philippines.

SEC. 10. Dissemination. - The Education and Information Department shall cause the immediate publication of this resolution for two (2) consecutive days, in two (2) daily newspapers of general circulation and shall furnish copies thereof to the Department of Tourism, Association of Hotels and Restaurants, Regional Election Director of Region III and ARMM, Provincial Election Supervisors and Election 0fficers concerned, the Armed Forces of the Philippines, the Philippine National Police, the National Bureau of Investigation and the Accredited Citizens' Arm of the Commission.

SO ORDERED.

(Sgd.) JOSE A.R. MELO Chairman
(Sgd.) RENE V. SARMIENTO Commissioner	(Sgd.) NICODEMO T. FERRER Commissioner
(Sgd.) LUCENITO N. TAGLE Commissioner	(Sgd.) ARMANDO C. VELASCO Commissioner
(Sgd.) ELIAS R. YUSOPH Commissioner	(Sgd.) GREGORIO Y. LARRAZABAL Commissioner