Background
Based on the declining number of cases of Election Related Violent Incidents (ERVI) in the previous national and local elections held last 2007 and 2004, the Philippine National Police (PNP) has again recommended the implementation of the nationwide firearms ban as part of Task Force HOPE 2010 for the upcoming 2010 National and Local Elections. With this, the Commission on Elections (COMELEC) has issued Resolution 8714, on the 16th of December 2009, providing for the Rules and Regulations on the: Bearing, carrying, or transporting of firearms or other deadly weapons for the May 10, 2010 National and Local Elections.
Legal Basis
- Section 261, para. (p),(q),(r), (s) and (t), Batas Pambansa 881 “Omnibus Election Code of the Philippines”
- Section 32, Republic Act 7166 “An Act Providing for Synchronized National and Local Elections and for Electoral Reforms…”
Authority
COMELEC Resolution No 8714 dated 16 December 2009
AFP-PNP Joint Letter Directive 01-2010
Date of Implementation
10 January 2010 – 9 June 2010
General Principles
During the Election Period
- No person shall bear, carry or transport firearms or other deadly weapons in public places including public buildings, streets, parks, and private vehicles or public conveyances, even if licensed to possess and carry the same
- Transport of firearms of those who are engaged in the manufacture, importation, exportation, purchase, sale 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 (FED), Civil Security Group, PNP
Definition of Key Terms
Election Period
10 January 2010 to 9 June 2010
(COMELEC Resolution No 8646)
Firearm
“firearm” as defined in existing laws, rules and regulations
includes airgun, airsoft guns, and their replica/imitation in whatever form that can cause an ordinary person to believe that they are real
Deadly Weapon
includes bladed instrument, hand grenades or other explosives, except pyrotechnics
Suspension of Permit to Carry Firearms Outside of Residence (PTCFOR)
All previously issued PTCFOR are suspended throughout the election period (10 January 2010 – 9 June 2010)
Suspension of Issuance of Firearms Licenses
- PNP is directed to suspend the issuance of firearms licenses during the election period
- Processing and approval of new firearms license, including renewal of license, may continue on the 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
Who may bear firearms
- Regular members/officers of the PNP, AFP, and other Law Enforcement Agencies,* provided that he/she is:
In the regular plantilla of the said agencies
Wearing the agency-prescribed uniform showing clearly his/her identification
Duly licensed to possess firearm and to carry the same by means of a valid mission order/ letter order
In the actual performance of official law enforcement duty, or in going to or returning from his residence/barracks or official station
- Member of privately owned or operated security, investigative, protective or intelligence agencies duly authorized by PNP, provided that:
He/She is wearing the agency-prescribed uniform with agency-issued ID
He/She is In the actual performance of duty at his/her specified place/area of duty
The issued firearms shall be left/deposited in respective posts when off duty
Law Enforcement Agencies include:
National Bureau of Prisons, Provincial and City Jails
Bureau of Jail Management and Penology
Customs Enforcement and Security and Customs Intelligence and Investigation Service of the Bureau of Customs
Port Police Department, Philippine Ports Authority
Philippine Economic Zone Authority Police Force
Government Guard Forces
Law Enforcement and Investigation agents of the Bureau of Immigration
Manila International Airport Authority (MIAA) Police Force
Mactan-Cebu International Airport Authority (MCIAA) Police Force
Organic Personnel of the Law Enforcement Service of the Land Transportation Office (LTO)
Philippine Coast Guard
Cebu Port Authority (CPA) Police Force
Agents of ISOG of the Witness Protection Program
Members of the Videogram Regulatory Board performing law enforcement functions
Members of the Security Investigation and Transport Department (STTD), Cash Department (CD), and Office of Special Investigation (OSI), Branch Operations and Department of General Services of the Bangko Sentral ng Pilipinas
Office of the Sergeant-at-Arms (OSAA) of the Senate and the House of Representatives and the OSAA-certified/designated senators/congressmen’s security escorts
Postal Inspectors, Investigators, Intelligence Officers and members of the Inspection Service of the Philippine Postal Corporation
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 COMELEC and Members of the Commission
Law Enforcement Section, Bureau of Fisheries and Aquatic Resources
Tourist Security Division, Department of Tourism
Intelligence Division of the Central Management Information Office, Department of Finance
Inspection and Monitoring Service, National Police Commission
Personnel of the Special Action and Investigation Division, Forest Officers defined under PD 705 and DENR DAO No. 1997-32, Forest/Park Rangers, Wildlife Officers and all forest and law enforcement officers of the DENR
Intelligence and Security, Office of the Secretary, Department of Foreign Affairs
Philippine Drug Enforcement Agency
Philippine Center for Transnational Crime
National Bureau of Investigation
Presidential Anti-Smuggling Group
Field Officers of the Fertilizer and Pesticide Authority, Department of Agriculture
Civilian Armed Forces Geographical Units (CAFGU)
Presidential Security Group
Bureau of Fire Protection
Treasurer pf the Philippines, Deputy Treasurers, and members of the Internal Security Division of the Bureau of Treasury
Security Personnel of accredited members of the foreign diplomatic corps and establishments as governed by international law
Submission of Certified List of Names of AFP, PNP and other Law Enforcement Personnel
- Heads of offices mentioned shall submit to the Committee on the Ban on Firearms and Security Personnel (CBFSP) the list of names of the personnel of the agency, with the description of their firearms, not later by 29 December 2009
- Personnel of agencies mentioned shall only be considered authorized to bear, carry or transport firearms only upon receipt by the CBSFP of the certified list
Apprehension of Security Personnel of Candidates
- Firearms of apprehended persons performing duties as security to candidates shall be immediately subjected to verification through the Firearms Verification Hotline, operated by FED-PNP.
- During the Verification, the local PNP unit shall provide temporary security detail to candidates secured by apprehended persons.
- Upon confirmation of the legitimacy of the security detail, he/she shall immediately be restored to his/her former duty
Enforcement
- All persons in civilian attire carrying firearms shall be presumed unauthorized to carry the same and subject for arrest and investigation
- Captured, confiscated, surrendered, deposited, abandoned and forfeited firearms shall be initially deposited to the nearest police station/unit for proper documentation, accounting and proper disposition
- Joint PNP-AFP teams shall be organized to conduct intensified implementation of OPLAN “SITA” (Police Frisking Operation) and OPLAN “BAKAL” (Weapons Search) especially targeting political candidates maintaining Private Armed Groups
Statistics on Election Related Violent Incidents
Observations and Questions
- In comparison to a similar resolution issued for the 2007 Elections (COMELEC Resolution No 7764), Resolution 8714 specifically delineated which personnel/agencies, in the performance of their duties, are exempted from the firearms ban
- Resolution 8714 limits the firearms ban exemption to members included in the regular plantilla of personnel of the agencies mentioned.
Replicas/imitations of real firearms, including airguns and airsoft guns are now treated as real firearms for the purposes of the firearms ban. Hence, they are prohibited and subject to confiscation if apprehended carrying or possessing the same.
- Deadly weapons, as defined in the resolution, do not include objects that, although lacking a blade/edged component, may equally induce fear or harm to the populace.
- The rules and regulations issued lacks concrete measures in the conduct and apprehension of Private Armed Groups of politicians and candidates.
- The inclusion of the Civilian Armed Forces Geographical Units (CAFGU) in the exemption list presents a dilemma, as far as election violence is concerned. Although CAFGU units serve as vital force multipliers for Internal Security Operations, their loyalties are questionable as some, if not most of these units are under the influence of local politicians, who may utilize the said forces as their own Private Armed Group, as in the case of the Ampatuans in Maguindanao.
- The condition on the wearing of uniforms of personnel while carrying or in possession of firearms in the performance of their duty ensures the public that only authorized government personnel possess firearms during the election period. However, the said condition may not be practicable for government personnel performing authorized covert military/law enforcement functions.
- In cases when the anonymity or the withholding of the identities of agents and other confidential personnel (ISAFP, NICA) are necessary for the purposes of their duty and protection, what are the measures by which COMELEC can assure that such classified information are protected?
No comments:
Post a Comment