WHEREAS, Section 152 of the Omnibus Election Code provides that: “A polling place is the building or place where the board of election inspectors conducts its proceedings and where the voters shall cast their votes”;
WHEREAS, Section 153 of the Omnibus Election Code also provides that “The location of polling places designated in the preceding regular election shall continue with such changes as the Commission may find necessary, after notice to registered political parties and candidates in the political unit affected, if any, and hearing: Provided, That no location shall be changed within forty-five days before a regular election and thirty days before a special election or a referendum or plebiscite, except in case it is destroyed or it cannot be used.”;
WHEREAS, due to unavailability of school and other government building within Barangay Greenhills and Barangay Little Baguio, San Juan City, the COMELEC, by virtue of its powers and authorities under law, deemed it necessary to utilize the compound of the XAVIER SCHOOL, San Juan City, Metro Manila to house the Seventeen (17) clustered polling precincts in the aforesaid area for the May 9, 2022 National and Local Elections;
WHEREAS, the XAVIER which has the sole authority over the aforementioned premises has agreed to allow the Local Government of San Juan City to use the compound for the abovementioned purpose this coming 2022 National and Local Elections, subject to the terms and conditions hereunder listed, which on the other hand, was agreed and confirmed by the Local Government of San Juan City and by officials of Barangays Greenhills and Little Baguio;
WHEREAS, the schedule of Final Testing and Sealing (FTS) and Election Day were declared as a regular and a special holiday respectively;
WHEREAS, the City Legal Officer has certified that the MOA is in order and not contrary to existing laws, rules and regulations;
NOW, THEREFORE, BE IT RESOLVED AS IT IS HEREBY RESOLVEDBY THE SANGGUNIANG PANLUNGSOD OF THE CITY OF SAN JUAN, AND BY VIRTUE OF THE POWERS VESTED IN IT BY LAW, in a session duly assembled, to ratify the MOA entered into between the Xavier School San Juan and the City Government of San Juan.
RESOLVED FURTHER, that the authority, issuance and approval hereof is subject to certain restrictions and to all existing laws, circulars, rules and regulations.