Republic of the Philippines
COMMISSION ON ELECTIONS
RESOLUTION No. 8714
RULES AND REGULATIONS ON THE: (1) BEARING, CARRYING OR TRANSPORTING OF FIREARMS OR OTHER DEADLY WEAPONS, AVAILMENT OR ENGAGEMENT OF THE SERVICES OF SECURITY PERSONNEL OR BODYGUARDS, DURING THE ELECTION PERIOD FOR THE MAY 10, 2010 NATIONAL AND LOCAL ELECTIONS
WHEREAS, Section 32 of Republic Act No. 7166 provides:
“SEC. 32. Who May Bear Firearms. – During the election period, no person shall bear, carry or transport firearms or other deadly weapons in public places, including any building, street, park, private vehicle or public conveyance, even if licensed to possess or carry the same, unless authorized in writing by the Commission. The issuance of firearms licenses shall be suspended during the election period.
“Only regular members of the Philippine National Police, the Armed Forces of the Philippines and other law enforcement agencies of the Government who are duly deputized in writing by the Commission for election duty may be authorized to carry and possess firearms during the election period; Provided, That, when in the possession of firearms, the deputized law enforcement officer must be: (a) in full uniform showing clearly and legibly his name, rank and serial number, which shall remain visible at all times, and (b) in the actual performance of his election duty in the specific area designated by the Commission.”
WHEREAS, Section 33 of the same Act provides:
SEC. 33. Security Personnel and Bodyguards. – During the election period, no candidate for public office, including incumbent public officers seeking election to any public office, shall employ, avail himself of or engage the services of security personnel or bodyguards, whether or not such bodyguards are regular members or officers of the Philippine National Police, Armed Forces of the Philippines or other law agency of the Government: Provided, That when circumstances warrant, including but not limited to threats to life and security of a candidate, he may be assigned by the Commission, upon due application, regular members of the Philippine National Police, the Armed Forces of the Philippines or other law enforcement agency who shall provide him security for the duration of the election period. The officers assigned for security duty to a candidate shall be subject to the same requirement as to wearing of uniforms prescribed in the immediately preceding section unless exempted in writing by the Commission.
“If at any time during the election period, the ground for which the authority to engage the services of security personnel has been granted shall cease to exist or for any other valid cause, the Commission shall revoke the said authority.”
WHEREAS, it is the policy of the Commission to strictly enforce Sections 32 and 33 of Republic Act No. 7166;
NOW, THEREFORE, pursuant to the powers vested in it by the Constitution of the Republic of the Philippines, the Omnibus Election Code (B.P. Blg. 881), Republic Acts No. 6646, 7166, 8189, 8436, 9189, 9369 and other election laws, the Commission RESOLVED, as it hereby RESOLVES, to promulgate the following rules and regulations to implement Sections 32 and 33 of Republic Act No. 7166 in connection with the conduct of the May 10, 2010 national and local elections:
SECTION 1. General Guiding Principles –- During the election period: (a) no person shall bear, carry or transport firearms or other deadly weapons in public places including all public buildings, streets, parks, and private vehicles or public conveyances, even if licensed to possess or carry the same; and (b) no candidate for public office, including incumbent public officers seeking election to any public office, shall employ, avail himself of or engage the services of security personnel or bodyguards, whether or not such bodyguards are regular members or officers of the Philippine National Police (PNP), the Armed Forces of the Philippines (AFP) or other law enforcement agency of the Government.
The transport of firearms of those who are engaged in the manufacture, importation, exportation, purchase, sale of firearms, explosives and their spare parts or those involving the transportation of firearms, explosives and their spare parts, may, with prior notice to the Commission, be authorized by the Director General of the PNP provided that the firearms, explosives and their spare parts are immediately transported to the Firearms and Explosives Division, CSG, PNP.
SEC. 2. Definition of Terms. –- As used in this Resolution:
(a) Election Period refers to the election period prescribed in COMELEC Resolution No. 8646 dated 14 July 2009 which is from 10 January 2010 to 09 June 2010;
(b) Firearm shall refer to the “firearm” as defined in existing laws, rules and regulations. The term also includes airgun, airsoft guns, and their replica/imitation in whatever form that can cause an ordinary person to believe that they are real;
(c) Dead weapon includes bladed instrument, hand grenades or other explosives, except pyrotechnics.
A bladed instrument is not covered by the prohibition when possession of the bladed instrument is necessary to the occupation of the possessor or when it is used as a tool for legitimate activity.
SEC. 3. Suspension of Issuance of Firearms Licenses. –- The PNP is hereby directed to suspend the issuance of firearms licenses during the election period.
The processing and approval of new firearms license, including renewal of license, may continue on condition that the new license and firearm shall be kept in deposit with the Firearms and Explosives Division of the PNP until after the election period.
Firearms licenses issued in violation of this Section are null and void, without prejudice to the filing of the appropriate administrative and/or criminal charges against the holder or those responsible for the issuance of the license.
SEC. 4. Who May Bear Firearms. –- Only the following persons who are in the regular plantilla of the PNP or AFP or other law enforcement agencies are authorized to bear, carry or transport firearms or other deadly weapons during the election period:
(a) Regular member or officer of the PNP, the AFP and other law enforcement agencies of the Government, provided that when in the possession of firearm, he is:
(1) in the regular plantilla of the said agencies and is receiving regular compensation for the services rendered in said agencies; and
(2) in the agency-prescribed uniform showing clearly and legibly his name, rank and serial number or, in case rank and serial number are inapplicable, his agency-issued identification card showing clearly his name and position, which identification card shall remain visible at all times;
(3) duly licensed to possess firearm and to carry the same outside of residence by means of a valid mission order or letter order; and
(4) in the actual performance of official law enforcement duty, or in going to or returning from his residence/barracks or official station.
Other law enforcement agencies of the government shall enter to:
1. Guards of the National Bureau of Prisons, Provincial, and City Jails;
2. Members of the Bureau of Jail Management and Penology;
3. Members of the Custom Enforcement and Security and Customs Intelligence and Investigation Service of the Bureau of Customs;
4. Port Police Department, Philippine Port Authority;
5. Philippine Economic Zone Authority Police Force;
6. Government guard forces;
7. Law Enforcement Agents and Investigation Agents of the Bureau of Immigration;
8. Members of the Manila International Airport Authority (MIAA) Police Force;
9. Members of the Mactan-Cebu International Airport Authority (MCIAA) Police Force;
10. Personnel of the Law Enforcement Service of the Land Transportation Office (LTO);
11. Members of the Philippine Cost Guard, Department of Transportation and Communication;
12. Members of the Cebu Port Authority (CPA) Police Force;
13. Agents of ISOG of the Witness Protection Program;
14. Members of the Videogram Regulatory Board performing law enforcement functions;
15. Members of the Security Investigation and Transport Department (STTD), Cash Department (CD), including members of the Office of Special Investigation (OSI), Branch Operations and Department of General Services of the Bangko Sentral ng Pilipinas;
16. Personnel of the Office of the Sergeant-At-Arms (OSAA) of the Senate or the House of Representatives and the OSAA-certified designated senators/congressmen’s security escorts;
17. Postal Inspectors, Investigators, Intelligence Officers and Members of the Inspection Service of the Philippine Postal Corporation;
18. Election Officers, Provincial Election Supervisors, Regional Attorneys, Assistant Regional Election Directors, Regional Election Directors, Directors III and IV, Lawyers in the Main Office of the Commission on Elections and the Members of the Commission;
19. Members of the Law Enforcement Section of the Bureau of Fisheries and Aquatic Resources;
20. Members of the Tourist Security Division of the Department of Tourism;
21. Personnel of the Intelligence Division of the Central Management Information Office, Department of Finance;
22. Personnel of the Inspection and Monitoring Service of the National Police Commission;
23. Personnel of the Special Action and Investigation Division, Forest Officers defined under PD 705 and Department of Environment and Natural Resources (DENR) DAO No. 1997-32, Forest/Park Rangers, Wildlife Officers and all forest protection and law enforcement officers of the DENR;
24. Personnel of the Intelligence and Security, Office of the Secretary, Department of Foreign Affairs;
25. Personnel of the Philippine Drug Enforcement Agency;
26. Personnel of the Philippine Center for Transnational Crime (PCTC);
27. Personnel of the National Intelligence Coordinating Agency;
28. Personnel of the National Bureau of Investigation;
29. Personnel of the Presidential Anti-Smuggling Group (PASG); and
30. Field officers of the Fertilizer and Pesticide Authority, Department of Agriculture.
(b) Member of privately owned or operated security, investigative, protective or intelligence agencies duly authorized by the PNP, provided that when in the possession of firearm, he is:
(1) in the agency-prescribed uniform with his agency-issued identification card prominently displayed and visible at all times, showing clearly his name and position; and
(2) in the actual performance of duty at his specified place/area of duty.
The heads of other law enforcement agencies and Protective Agents of Private Detective Agencies enumerated above shall, not later than 29 December 2009, submit a colored 4” x 5” picture, with description, of the authorized uniform of the office, to the Committee on the Ban on Firearms and Security Personnel (CBFSP) herein established.
SEC. 5. Submission of Certified List of Names of AFP, PNP and Other Law Enforcement Personnel With Description of Firearms (Kind, Caliber, Make and Serial No., License No./Certificate of Registration, and Permit to Carry No.) –- Heads of offices of agencies mentioned above shall, not later than 29 December 2009, submit to the CBFSP, the list of the names of the personnel of the agency, together with a description of their firearms, who are authorized to bear, carry or transport firearms under this Resolution. The list shall bear a certification that the persons named therein are in the regular plantilla of the Agency performing law enforcement functions and are receiving regular compensation for the services rendered in the said agency and that the firearms are duly registered firearms.
Personnel of agencies mentioned in Section 4 hereof shall be considered authorized to bear, carry or transport firearms only upon receipt by the CBFSP of the certified list referred to in this Section.
SEC. 6. Who may be assigned security personnel or bodyguards. –- When circumstances warrant, including but not limited to threats to life and security, a candidate to public office, including incumbent public officer, and private individual, may, upon application, be assigned regular members of the PNP or the AFP or the National Bureau of Investigation, and as augmentation, duly licensed/authorized Protective Agents of Private Detective Agencies, to provide security, for the duration of the election period.
All existing authority granting security personnel or bodyguards are hereby revoked at the start of the election period. The affected officials or individuals who want to continue to avail of or engage the services of security personnel or bodyguard, shall apply for the employment, availment or engagement of security personnel or bodyguard as provided in Section 7 hereof.
SEC. 7. Procedure In Applying for Employment, Availment or Engagement of Security Personnel and Bodyguard. – Any candidate for public office, including incumbent public officer seeking election to any public office, or any public officer or private individual, who wants to employ, avail of or engage the services of security personnel or bodyguard, shall file a written application under oath, in three (3) copies, stating his full name, the public office he seeks to be elected, his residence and the reasons or circumstances for the application, in accordance with the following procedures:
A filing fee of PhP5,000.00 shall be charged for each application.
(a) Candidates for Member, House of Representatives and local elective positions, as well as public officers or private individuals, shall file their applications with the Regional Joint Security Control Desks (R-JSCD) in their respective regions, to be chaired by the COMELEC Regional Election Director.
Candidates for national elective positions shall file their applications with the CBFSP, at the Main Office of the Commission on Elections, Intramuros, Manila.
(b) Within five (5) days from receipt of the application, the JSCD shall refer the application with threat assessment and recommendations to the CBFSP.
In the case of applications filed with the CBFSP, the CBFSP shall refer the matter to the AFP and PNP which shall immediately conduct a threat or security assessment. Within five (5) days from referral, the AFP and PNP shall submit to the CBFSP its assessment with a recommendation on whether to grant or not to grant the request.
(c) Based on the assessment and recommendation submitted to it, the CBFSP shall grant or deny the request or may request for a reassessment.
If the decision is to grant the request, the CBFSP may authorize the Director General of the PNP or the Chief of Staff of the AFP or the Director of the National Bureau of Investigation to assign not more than two (2) of its regular members as security personnel.
Upon request and when the threat assessment warrants, the CBFSP may authorize the assignment of additional two (2) Protective Agents as close-in security.
In exceptionally meritorious circumstances, candidates for national elective positions may request for additional security personnel subject to such conditions and restrictions that the CBFSP may impose.
(d) The authority shall be in writing and in three (3) copies. The original shall be given to the office which shall provide the security personnel. The second shall be retained by the CBFSP. The third shall be given to the applicant.
(e) In case of disapproval of the request, the CBFSP shall notify the applicant. The notice shall be in writing.
As far as practicable, the security personnel to be assigned to candidates in the same city, municipality, district, province, shall come from the same unit or office.
(f) The officers assigned for security duty to a candidate shall be subject to the same requirements as to the wearing of uniforms and the other conditions imposed in Section 4 (a) hereof.
(g) If at any time the ground for which the authority to engage the services of security personnel ceases to exist, or for any valid cause, the CBFSP shall revoke the authority granted.
SEC. 8. Enforcement – Any person who, not wearing the authorized uniform mentioned herein, bears, carries or transports firearm or other deadly weapon, shall be presumed unauthorized to carry firearms and subject to arrest.
SEC. 9. Establishment and Composition of the CBFSP. – To ensure the attainment of the objective of the ban on firearms and security personnel, the CBFSP is hereby established, with Commissioner Lucenito N. Tagle as Chairman, and one (1) star rank officer or equivalent, from the AFP and PNP, as members. The CBFSP shall be assisted by a Secretariat composed of representatives from the Commission, the AFP and the PNP. The Secretariat shall be headed by a senior lawyer from the Law Department of the Commission.
The CBFSP shall be responsible for the implementation of the ban on the bearing, carrying or transporting of firearms and the employment, availment or engagement of security personnel.
SEC. 10. Reporting Requirements. -- The CBFSP submit to the Commission a monthly report on the implementation of this Resolution, which shall include the following:
(a) Current status of the enforcement (i.e. number of arrests, names of persons involved, number of confiscated firearms, categorized into licensed or unlicensed) of the ban on firearms and security personnel; and
(b) The peace and order situation in various parts of the country, including insurgency, the existence and size of private armies, the intensity of political rivalries and other circumstances, that may affect the conduct of the elections.
The first monthly report shall be submitted to the Commission on the 1st Monday of February 2010 and every 1st Monday of the succeeding months thereafter and a final report on 30 June 2010.
SEC. 11. Effectivity and Dissemination. -- This Resolution shall take effect on the seventh (7th) day after its publication in two (2) daily newspapers of general circulation in the Philippines.
The Education and Information Department shall cause the publication of this Resolution and shall furnish copies thereof to all Regional Election Directors, Provincial Election Supervisors, Election Officers, the PNP, the AFP and all other law enforcement agencies.
(Sgd) JOSE A.R. MELO
(Sgd) RENE V. SARMIENTO (Sgd) NICODEMO T. FERRER
(Sgd) LUCENITO N. TAGLE
Commissioner (Sgd) ARMANDO C. VELASCO
(Sgd) ELIAS R. YUSOPH
Commissioner (Sgd) GREGORIO Y. LARRAZABAL