WHEREAS, the provincial and city prosecutors are on a continuing deputation to conduct the preliminary investigation and prosecution of election offense under the Comelec Rules of Procedure;
WHEREAS, there are cities and municipalities where there are no available prosecutors to handle the preliminary investigation of alleged violations of the bans on the bearing, carrying and transporting of firearms and other deadly weapons and the employment of security personnel;
WHEREAS, for the proper investigation and successful prosecution of alleged violations of the bans on firearms and other deadly weapons, and employment of security personnel, it is necessary to authorize the chiefs of police in said cities and municipalities to conduct the preliminary examination.
NOW, THEREFORE, the Commission on Elections, by virtue of the powers vested in it by the Constitution, the Omnibus Election Code and other election laws, resolves to promulgate, as it hereby promulgates the following instructions to all chiefs of police concerned of cities and municipalities on the conduct of preliminary examination on alleged violations of the bans on firearms and other deadly weapons and employment of security personnel:chanroblesvirtuallawlibrary
Section 1. Preliminary examination: who conducts. - The Chief of Police or his duly authorized PNP representative shall conduct the preliminary examination of all apprehensions for violation of the bans on the bearing, carrying and transporting of firearms and other deadly weapons, use of armored land, water or aircraft, wearing of uniforms and bearing arms, and on the employment of security personnel and bodyguards, organization or maintenance of strike forces reaction forces or other similar forces in their respective areas of jurisdiction.
Sec. 2. Procedure. - The Chief of Police or his duly authorized investigator shall (a) take the affidavit of the arresting officer or policeman indicating therein the fact of arrest and the circumstances surrounding the arrest; (b) take the statement of the respondent, (c) confiscate the firearm and issue the proper receipt therefor; (d) cause the respondent to sign an affidavit binding himself to be present at the preliminary investigation at a later date before the prosecutor and that failure to do so shall constitute a waiver to present evidence for his defense; and (e) take the statement of witnesses, if any.
Sec. 3. Rights of arrested persons. - Any person arrested for violation of the bans specified in Sec.1 hereof undergoing examination must be treated humanely and with utmost respect for his constitutional and human rights, particularly his right to:chanroblesvirtuallawlibrary
(b) remain silent, which cannot be waived except in writing and in the presence of counsel;
(c) have competent and independent counsel preferably of his own choice and if he cannot afford the services of counsel, he will be provided with one, which right cannot be waived except in writing and in the presence of counsel;
(d) be released from detention if no charges have been filed against him within eighteen (18) hours from the time of arrest, unless he is charged under P.D. 1866, as amended.
Sec. 4. Disposition of documents and evidence. - The Chief of Police shall turn over all documents and evidences gathered during the preliminary examination within three (3) days from arrest to the corresponding provincial/city prosecutor.
Sec. 5. Effectivity. - This resolution shall take effect after seven (7) days from its publication in two (2) newspaper of general circulation.
Sec. 6. Dissemination. - The Education and Information Department shall cause the publication of this resolution and furnish copies hereof to the Secretary of Justice, the Provincial and City Prosecutors, Chief of the Philippine National Police, the Chiefs of Police of cities and municipalities, the Regional Election Directors, the Provincial Election Supervisors and the city/municipal Election Officers and give this resolution the widest publicity and dissemination.
(Sgd.) HARRIET O. DEMETRIOU, Chairman
(Sgd.) JULIO F. DESAMITO, Commissioner
(Sgd.) TERESITA DY-LIACCO FLORES, Commissioner
(Sgd.) LUZVIMINDA G. TANCANGCO, Commissioner
(Sgd.) RALPH C. LANTION, Commissioner
(Sgd.) RUFINO S.B. JAVIER, Commissioner
(Sgd.) MEHOL K. SADAIN, Commissioner
Promulgated: 07 November, 2000.