RESOLUTION No. 9479
RULES AND REGULATIONS ON THE BEARING, CARRYING OR TRANSPORTING OF FIREARMS OR OTHER DEADLY WEAPONS IN CONNECTION WITH THE GENERAL REGISTRATION OF VOTERS IN THE ARMM TO BE CONDUCTED ON JULY 09 TO 18, 2012
(Promulgated: June 27, 2012)
WHEREAS, the Commission on Elections (Commission) is set to conduct the general registration of voters in the Autonomous Region in Muslim Mindanao (ARMM) on July 09 to 18, 2012;
WHEREAS, the Commission promulgated Resolution Nos. 9444 and 9445, both dated 08 June 2012, deputizing, among other agencies, the Philippine National Police (PNP) and the Armed Forces of the Philippines (AFP) to assist the Commission in the implementation of registration laws and/or rules and regulations which the Commission may promulgate from time to time in the conduct of the general registration;
WHEREAS, in the exercise of its constitutional mandate to enforce and administer election laws, and to ensure the safety of the applicants for registration, including the Commission's personnel, deputies and equipment to be assigned and deployed in the registration centers and in such other places or areas in the ARMM, the Commission sees the need to promulgate the necessary Rules and Regulations in the Bearing, Carrying and Transporting of Firearms or Other Deadly Weapons during the conduct of the general registration in the ARMM;
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, 8184 and other election laws, the Commission RESOLVED, as it hereby RESOLVES, to promulgate the following Rules and Regulations in the Bearing, Carrying and Transporting of Firearms or Other Deadly Weapons in connection with the General Registration of voters in the ARMM to be conducted on July 09-18, 2012;
SECTION 1. Period of Effectivity and Areas of Coverage. - This Resolution shall be effective from July 01, 2012 to July 31, 2012.
This Resolution shall apply in the provinces of the ARMM region, including Cotabato City, Zamboanga City, Isabela City, Basilan, and in the Provinces of Sultan Kudarat, Zamboanga del Sur, Lanao del Norte and North Cotabato.
SEC. 2. Firearm. - The term "firearm" shall refer to the "firearm" as defined in existing laws, rules and regulations. The term also includes airguns and airsoft guns.
Deadly 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. Status of authority to bear, carry or transport firearms issued pursuant to Resolution No. 8714, dated December 16, 2009, Resolution No. 9028, dated 20 September 2010, and other Resolutions issued in implementation thereof. - All authority to bear, carry or transport firearms issued pursuant to Resolution No. 8714, dated December 16, 2009, Resolution No. 9028, dated September 20, 2010, and the other Resolutions implementing Resolution 8714, are hereby recognized as valid and effective for purposes of general registration of voters in the ARMM.
For this purpose, "transport of explosives and/or its components parts" by (1) those engaged in the manufacture, importation, exportation, purchase and sale of explosives and/or its components; and (2) those engaged/involving the transportation of explosives and/or its components. Those engaged in the transportation of explosives and/or its components may be authorized by the Director General of the Philippines National Police (PNP) through a validly issued permit, and giving prior notice to the Commission by having the original of said permit stamped "approved" by the concerned Regional Joint Security Control Center (RJSCC) and submitting a certified true copy thereof.
The explosives and/or its components must be immediately transported to the Firearms and Explosives Division (FED), Civil Security Group (CSG), PNP, or to the intended place of destination, employment and/or utilization, as authorized by the FED, CSG, PNP, as the case may be.
SEC. 4. Suspension of Issuance of Firearms Licenses. - The Philippine National Police (PNP) is hereby directed to suspend the issuance of firearms licenses the areas of coverage as defined in Section 1 hereof, during the period of effectivity of this Resolution.
The processing and approval of new firearm 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 effectivity of this Resolution.
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. 5. Guidelines for security, protective, investigative, or intelligence agencies. - For orderly implementation of the ban on firearms, the following guidelines are hereby provided for security, protective, investigative, or intelligence agencies:
a. For single posting, the security guard assigned is provided to transport his firearm from duty area to his residence;
b. Firearms stationed in armored trucks are exempted provided they are duly licensed firearms and being used during the regular course of business of the security agencies;
c. In case of new posting or termination of posting which entail the transport of firearms to the area of assignment or return of firearms to the security agency's office, the security agency may be granted permission to transport the firearms on a one-time, one-way basis only upon prior notice to the concerned RJSCC.
SEC. 6. Reporting requirements. - The RJSCC shall submit to the Commission en banc a weekly report on the implementation of this Resolution, which shall include the following:
a. Authorities issued in connection with the transport of explosives and/or its component parts by: (1) those engaged in the manufacture, importation, exportation, purchase and sale of explosives and/or its components; and (2) those engaged/involving the transportation of explosives and/or its components.
b. 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
c. The peace and order situation in various parts of the country, especially in the ARMM, including insurgency, the existence and size of private armies, the intensity of political rivalries and other circumstances that may affect the conduct of the general registration of voters in the ARMM.
SEC. 7. Prohibition and penalties. - Any violation of this Resolution shall be punished with imprisonment of not less than one (1) year, but not more than six (6) years and shall not be subject to probation. In addition, the guilty party shall be sentenced to suffer disqualification to hold public office and deprivation of the right of suffrage. If he is a foreigner, he shall be sentenced to deportation which shall be enforced after the prison term has been served.
SEC. 8. Effectivity, publication 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 the Regional Election Directors of the ARMM, Region IX, X and XII, all Provincial Election Supervisors of the provinces in the ARMM, including Sultan Kudarat, Zamboanga del Sur, Lanao del Norte and North Cotabato, the Election Officers in the ARMM, including Cotabato City, Zamboanga City, and Isabela City, Basilan, the PNP, the AFP and all other law enforcement agencies.
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