Comelec issues resolution on liquor ban

The rules and regulations on the liquor ban in relation to the May 2022 polls are now out.

In Resolution No. 10746, the Commission on Elections (Commission) said the liquor ban shall be in force and effect on the day before the election (May 8, 2022) and on election day (May 9, 2022).

During the said period, the poll body said it shall be unlawful for "any person, including owners and managers of hotels, resorts, restaurants, and other establishments of the same nature to sell, furnish, offer, buy, serve, or take intoxicating liquor anywhere in the Philippines."

However, the Comelec said, hotels, resorts, restaurants, and other establishments of the same nature 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.

This is provided they secure prior written authority showing that there are justifiable reasons.

Only foreign tourists taking intoxicating liquor in said authorized hotels or establishments are exempted from the prohibition, said the poll body.

The Comelec said applications for exemption together with supporting documents, shall be filed with the Regional Election Director of the National Capital Region (NCR), in cases of hotels, resorts, restaurants, and other establishments of the same nature located in the NCR; 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 or districts.

Based on the Resolution, exemption may be granted only upon compliance and submission of the following: The request or application for exemption must be under oath and must contain a statement that the operator or owner of the hotel, resort, restaurant, or other establishment of the same nature have not been convicted of an election offense; a certification by the Department of Tourism; currently licensed to do business in the Philippines or in the province, city, or municipality as stated in its Business Permit;

and has paid the required taxes and/or fees imposed by the national or local government or any of its agencies or instrumentalities as attested by the Bureau of Internal Revenue's Certificate of Registration and/or Mayor's Permit or Business Permit as displayed in the establishment of the applicant.

The Comelec said the exemption granted may be revoked or withdrawn summarily by the Commission motu proprio or upon verified petition filed by any person, and showing among others, that the reason for which the exemption was granted 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, subject to notice and opportunity to present documentary evidence by the party whom the exemption was granted.