Prohibited acts.
Section 64
SEC. 64. Prohibited acts.—In addition to the prohibited acts provided in the 1978 Election Code, or declared unlawful or as an election offense in the preceding ARTICLEs of this Act, the following shall be guilty of an election offense: (a) Wearing of uniform and bearing arms by military units.—During the campaign period, on the day before, on election day, and ending thirty days thereafter, any member of the Armed Forces of the Philippines, Special Forces, Home Defense Forces, Barangay Self-Defense Units and all other para-military units that now exist or which may hereafter be organized who wears his uniform or bears arms outside the camp, garrison or barracks to which he is assigned or detailed or outside his home, in case of members of Home Defense Forces, Barangay Self-Defense Units, and other para-military units, unless (1) the President of the Philippines shall have given previous authority therefor, and the Commission notified thereof in writing, or (2) the Commission authorizes him to do so, which authority it shall give only when necessary to assist it in maintaining free, orderly and honest elections, and only after notice and hearing. All personnel of the Armed Forces authorized by the President or the Commission to bear arms or wear their uniforms outside their camps and all police and peace officers shall bear their true name, rank and serial number, if any, stitched in block letters on a white background on the left breast of their uniform, in letters and numbers of a clearly legible design at least two centimeters tall, which shall at all times remain visible and uncovered. During the election period, whenever the Commission finds it necessary for the promotion of free, honest, orderly and peaceful elections in a specific area, it shall confiscate or order the confiscation of firearms of any member or members of the Armed Forces of the Philippines, Police Forces, Special Forces, Home Defense Forces, Barangay Self-Defense Units, and all other para-military units that now exist or may hereafter be organized, or of any member or members of the security or police organization of government ministries, commissions, councils, bureaus, offices, instrumentalities, or government-owned or controlled corporations and their subsidiaries, or of any member or members of privately-owned or operated security, investigative, protective or intelligence agencies performing identical or similar functions. (b) Organization or maintenance of reaction forces, strike forces, or other similar forces.—Any person who organizes or maintains or joins a reaction force, strike force or similar force during the election period. The heads of all reaction forces, strike forces, or similar forces shall, not later than forty-five days before the election, submit to the Commission a complete list of all members thereof with such particulars as the Commission may require. (c) Prohibition against release, disbursement or expenditure of public funds.—Any public official or employee including barangay officials and those of government-owned or controlled corporations and their subsidiaries, who, during forty-five days before the election day on May 14, 1984, releases, disburses or expends any public funds for: (1) Any and all kinds of public works, except the following: (aa) Maintenance of existing and/or completed public works projects: Provided, That not more than the average number of laborers or employees already employed therein during the six-month period immediately prior to the beginning of the forty-five day period before election day shall be permitted to work during such time: Provided, further, That no additional laborers shall be employed for maintenance work within the said period of forty-five days; (bb) Work undertaken by contract through public bidding held, or by negotiated contract awarded, before the forty-five day period before election: Provided, That work for the purpose of this section undertaken under the so-called "takay" or "paquiao" system shall not be considered as work contract; (cc) Payment for the usual cost of preparation of working drawings, specifications, bills of materials, estimates, and other procedures preparatory to actual construction including the purchase of materials and equipment, and all incidental expenses for wages of watchmen and other laborers employed for such work in the central office and field storehouses before the beginning of such period: Provided, That the number of such laborers shall not be increased over the number hired when the project or projects were commenced; and (dd) Emergency work necessitated by the occurrence of a public calamity, but such work shall be limited to the restoration of the damaged facility. No payment shall be made within five days before the date of election to laborers who have rendered services in projects or work except those falling under subparagraphs (aa), (bb), (cc) and (dd) of this paragraph. This prohibition shall not apply to on-going public works projects commenced before the campaign period or similar projects under foreign agreements. For purposes of this provision, it shall be the duty of the government officials or agencies concerned to report to the Commission the list of all such projects being undertaken by them. (2) The Ministry of Social Services and Development and any other office in any other ministry of the government performing functions similar to said Ministry, except for salaries of personnel, and for such other routine and normal expenses, and for such other expenses as the Commission may authorize, after due notice and hearing. Should a calamity or disaster occur, all releases normally or usually coursed through the said ministries and offices shall be turned over to, and administered and disbursed by, the Philippine National Red Cross, subject to the supervision of the Commission on Audit or its representatives, and no candidate or his or her spouse or member of his or her family within the second degree of consanguinity or affinity shall participate, directly or indirectly, in the distribution of any relief or other goods to the victims of the calamity or disaster; and (3) The Ministry of Human Settlements and any office in any other ministry of the government performing functions similar to said ministry, except for salaries of personnel and for such other necessary administrative or other expenses as the Commission may authorize after due notice and hearing. (d) Prohibition against construction of public works, delivery of materials for public works and issuance of treasury warrants and similar devices.—During the period of forty-five days preceding the election of May 14, 1984, any person who (a) undertakes the construction of any public works, except for projects or works exempted in the preceding section; or (b) issues, uses or avails of treasury warrants or any device undertaking future delivery of money, goods or other things of value chargeable against public funds; or (c) who thereafter receives any payment for the prohibited construction. (e) Suspension of elective provincial, city, municipal or barangay officer.—During the election period, any public official who suspends, without prior approval of the Commission, any elective provincial, city, municipal, or barangay official, unless said suspension will be for purposes of applying the "Anti-Graft and Corrupt Practices Act" in relation to the suspension and removal of elective officials, in which case the provision of this section shall be inapplicable.