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COMELEC
Resolution No. 3328
RULES
AND REGULATIONS ON: (A) BEARING, CARRYING OR TRANSPORTING FIREARMS OR
OTHER
DEADLY WEAPONS; (B) SECURITY PERSONNEL OR BODYGUARDS; (C) BEARING ARMS
BY ANY MEMBER OF SECURITY OR POLICE ORGANIZATION OF GOVERNMENT AGENCIES
AND OTHER SIMILAR ORGANIZATION (D) ORGANIZATION OR MAINTENANCE OF
REACTION
FORCES DURING THE ELECTION PERIOD IN CONNECTION WITH THE MAY 14, 2001
NATIONAL
AND LOCAL ELECTIONS.
COMELEC
RESOLUTION NO. 3328
RULES
AND REGULATIONS ON: (A) BEARING, CARRYING OR TRANSPORTING FIREARMS OR
OTHER
DEADLY WEAPONS; (B) SECURITY PERSONNEL OR BODYGUARDS; (C) BEARING ARMS
BY ANY MEMBER OF SECURITY OR POLICE ORGANIZATION OF GOVERNMENT AGENCIES
AND OTHER SIMILAR ORGANIZATION (D) ORGANIZATION OR MAINTENANCE OF
REACTION
FORCES DURING THE ELECTION PERIOD IN CONNECTION WITH THE MAY 14, 2001
NATIONAL
AND LOCAL ELECTIONS.
The Commission
on Elections by virtue of the power vested in it by the Constitution,
the Omnibus
Election Code and other
election laws, resolved to promulgate as it hereby promulgates, the
following rules and regulations to enforce the prohibited acts under
Section
261 paragraphs (p), (q), ( r ), (s), (t), and (u) of the Omnibus
Election Code and Sections 32 and 33 of Republic
Act No. 7166, in connection with the May 14, 2001 national and
local
elections:
Section 1.
Declaration of policy. - It is the policy of the Commission on
Elections
(Commission) to prohibit during the election period the bearing,
carrying
and transporting of firearms or deadly weapons by any person, and not
to
allow the employment of security personnel or bodyguards.
Sec. 2. Prohibitions.
- During the election period from January 2, 2001 to June 13, 2001
it shall be unlawful for:
a. Any
person, including those possessing a permit to carry firearms outside
of
residence or place of residence or place of business, to bear, carry or
transport firearms or other deadly weapons in public places including
any
building, street, park, private vehicle or public conveyance. The term
"firearm" includes airgun;
b. Any
member or officer of the Armed Forces of the Philippines, Philippine
National
Police or any other law enforcement agency of the government, to bear
firearms
outside of their respective barracks, garrisons, camps, offices or such
other military or police installations;
c. Any
candidate for public office, including incumbent officials seeking
election
to any public office or any other person, to employ, avail himself of
or
engage the services of security personnel or bodyguards, whether or not
such bodyguards are members of officers of the PNP, the AFP or any
other
law enforcement agency of the government;
d. Any
person to access security personnel or bodyguard of any candidate or to
authorize such assignment;
e. Any
member of security or police organization of government agencies,
commissions,
councils, bureaus, offices or government-owned or controlled
corporations
or privately-owned or operated security , investigative, protective, or
intelligence agencies, to bear firearms outside the immediate vicinity
of his place of work; and
f. Any
person to organize or maintain reaction forces, strike force or similar
forces.
Sec. 3. Exceptions.
- The prohibitions in Section 2 hereof shall not apply in
following
instances:
a.
Officers
or members of the AFP, PNP, or any law enforcement agency constituting
the normal security personnel complement of the incumbent President,
Vice
President, Senate President, Speaker of the House of Representatives,
Chief
Justice of the Supreme Court, Secretary of National Defense, Secretary
of Interior and Local Government, Chief of Staff of the AFP and AFP
Major
Service Commanders, Director General of the PNP and senior officers
thereof
while in actual performance of their duties;
Senior
officers
shall include battalion commanders, group commanders, regimental
commanders,
brigade commanders, division commanders, and their equivalents in the
Navy
and Air Force, Specified Command and AFP-wide Service Support Units,
and
those higher in the hierarchy of the AFP including all active generals;
and Provincial Directors, District Directors designated in the NCR,
Regional
Directors, and Directors of Intelligence operations and administrative
units and other Directors, Deputy Director Generals, and Director
General
within the General Headquarters-PNP; and all members of the Committee
on
Firearms and Security Personnel constituted under Section 5 hereof;
b.
Regular
officers or members of the AFP/PNP and other law enforcement agencies
of
the government, except those who are under suspension and those against
whom administrative or criminal charges have been filed, provided that
when in the possession of firearms the law enforcement officer must be:
(1) in full uniform showing clearly and legibly his name, rank and
serial
number which shall remain visible at all times; (2) in the actual
performance
of duty in the specific area designated in the mission order approved
by
the Commanding General or officer of the unit; and (3) going to or
returning
from residence/barracks;
c.
Cashiers
and disbursing officers while in the performance of their duties if
authorized
in writing by the Commission specifically when said persons transport
or
disburse payrolls or deposit or carry large sums of money or other
valuables;
d.
Members
of duly authorized security or police organizations of government
agencies,
commissions, councils, bureaus, offices or government-owned or
controlled
corporations or privately owned or operated security, investigative,
protective
or intelligence agencies in the actual performance in the specific area
of their assignment, of their duties with prior written authority from
the Commission.
The exception also
applies to these personnel when:
1.
Pursuing
a person committing or has just committed a crime in the premises being
guarded;
2.
Actually
escorting or providing security for the transport of payrolls, deposits
or other valuables with prior written authority from the Commission;
3.
Guarding
private residence, buildings or offices, with prior written authority
of
the Commission; and
4.
With
respect to guards of the Bureau of Jail Management and Penology and
provincial
or city jails, only while escorting prisoners to and from prosecution
offices,
tribunals or courts in compliance with subpoena issued for the purpose,
and with prior written authority of the Commission.
a.
Members
of the AFP and PNP;
1.
When
the President of the Philippines shall have given previous authority
therefor,
in the interest of preserving law and order, and the Commission
notified
thereof in writing;
2.
When
authorized by the Commission, which shall issue the permit only if it
is
necessary for the maintenance of a free, orderly and honest elections.
b.
Other
military or police personnel, including member of the AFP and PNP
intelligence
units, such as the ISAFP and the AFPWSSU, whose true names, rank and
serial
number are registered with the Commission.
c.
Regular
agents of the National Bureau of Investigation (NBI) and NICA when
conducting
legitimate official operations or missions with prior written specific
authority of the Commission.
d.
Members
of the PNP, AFP or other law enforcement agencies of the government
authorized
to act as bodyguard of candidates subject to the conditions provided
for
herein.
e.
Security
pertaining to accredited members of the diplomatic and consular
personnel
and establishments as governed by international law, provided that an
official
list of the security personnel for the diplomatic officers and
establishments
be furnished the Committee.
The exemption extended
to members of the AFP, PNP and other government personnel shall be
limited
to government issued firearm(s) in their name and covered by the proper
Memorandum Receipts or other official documentations for the purpose.
Sec. 4. Suspension
of permits to carry firearms and issuance of mission orders and
memorandum
receipts. - During the election period, the sole authority to
issue
permits to carry firearms outside residence or place of business shall
be vested in the Commission.
For this purpose:
(a) Any
permit
to Carry Firearms Outside Residence (PTCFOR), Mission Orders (MO), and
Memorandum Receipts (MR), issued prior to the affectivity of this
Resolution
and covered by the prohibition are hereby declared suspended and
without
force and effect.
(b) During
the
election period, all authority to issue MO and MR to civilians pursuant
to Section 4 and 5 of the Rules and Regulations Implementing P.D. 1866
dated June 29, 1983 (Codifying the law on illegal/unlawful Possession
of
Firearms) are hereby suspended.
(c) The
PNP
is hereby directed to submit to the Commission, a complete list of all
PTCFOR or similar authorization issued to civilians and members of
authorized
security agencies within fifteen (15) days from the effectivity hereof.
Within the same period, AFP and the Department of National Defense
shall
submit a complete list of all MR and MO or similar authorization issued
to civilians. Likewise, within the same period, the NBI shall submit a
complete list of MR and MO or similar authorization issued to its
regular
agents.
However, the Director
General, Philippine National Police, through the Chief, Firearms and
Explosives
Division, may continue to process and approve licenses for possession
of
firearms. The firearm shall be kept in deposit with Firearms and
Explosives
Division unless its delivery to the licensee in authorized in writing
by
the Commission.
Sec. 5. Committee
on firearms and security personnel. - There is hereby constituted
a
Committee on Firearms and Security Personnel (Committee) composed of
the
Chairman of the Commission, who shall be the Chairman, one Commissioner
as the Vice-Chairman; one (1) representative from the PNP; one (1)
representative
from the AFP; and the Director IV of the Law Department of the
Commission,
as members, which shall determine whether or not an applicant for
authority
to carry, bear or transport firearms, or for the employment of security
personnel fall within the exemption as provided for herein.
Sec. 6. Procedure
for exemption. - Any person seeking (a) authority to carry
firearms
outside his residence or place of business under the Omnibus Election
Code;
or (b) exemption from the prohibition on bearing, carrying or
transporting
firearms under Republic
Act.No.7166, shall file with the Committee written request for
exemption
in three (3) copies, stating his full name and exact place of residence
and/or business, official receipt number of payment of firearm tax, and
such other data as maybe required by the Commission.
The Committee
shall process the application in accordance with the policies herein
set
forth. After processing the application, the Committee shall either
deny
or approve the application. If approved, the Committee shall issue a
written
authority in three (3) copies, to be distributed as follows: the
original,
to the applicant; the second copy, to the Law Department; and the third
copy, to be retained by the Committee.
The decision
of the Committee shall be final.
Sec. 7. Application
for security personnel or bodyguard. - Under the same procedure
prescribed
in the immediately preceding section, when circumstances so warrant,
including
but not limited to threats to life and security of a candidate, the
Committee
may authorize the Chief of Staff, Armed Forces of the Philippines or
Director
General, Philippine National Police to assign not more than (2) two
regular
members of the AFP or PNP, save in exceptionally meritorious
circumstances,
where not more than (5) five regular members of the military or police
may be assigned as such security, or the NBI Director to assign one (1)
or more regular agents of said agency, who shall provide him security.
If at any time the ground for which the authority to engage the
services
of security personnel has been granted shall cease to exist, or for any
valid cause, the Commission shall revoke the authority granted.
In processing
applications, the Committee shall take into consideration reports from
the AFP and PNP, as well as reports from Comelec officials or any
community
organization on the insurgency situation of the area and similar peace
and order circumstances.
Sec. 8. Confiscation
of Firearms. - During the election period, the Commission
may
order the necessary, deputized units of the PNP or when necessary, the
AFP, to effect the confiscation of firearms of any member of the AFP,
police
force, home defense forces and all other para-military units that now
exist
or which may hereafter be organized, or any member or members of
security
or police organization, government departments, commissions, councils,
bureaus, offices, instrumentalities, or government-owned or controlled
corporations and other subsidiaries or any member of private-owned or-
operated security, investigative, protective or intelligence agencies
performing
identical or similar functions and disarm all such persons who do not
possess
the necessary authorization from the Commission to carry, possess or
transport
firearms.
Sec. 9. Prohibited
organization or maintenance of reaction forces, strike forces, or other
similar forces. - During the election period, it shall be unlawful
for any person to organize or maintain any reaction force, strike
force,
civilian security force or similar force. Any of said forces which is
now
existing is hereby ordered disbanded immediately. All the members
thereof
shall return immediately their firearms, insignias, or uniforms, to the
proper office or officer issuing them.
Effective immediately,
but not beyond March 30, 2001, the heads of all such reaction forces,
strike
forces or similar forces shall submit to the Commission, through the
Regional
Election Directors, in three (3) legible copies, a complete list of all
members thereof, stating their full names, exact address, ranks,
appointment
papers or designations and nature and extent of their functions. The
Regional
Election Directors shall, not later than March 30, 2001, forward to the
Commission copies of said lists, retaining a copy thereof.
Sec. 10. Monthly
reports. - For purposes of effectively enforcing the foregoing
prohibitions,
the PNP and AFP through the Director General and Chief of Staff,
respectively,
shall submit to the Commission monthly reports beginning January 2,
2001
and every month thereafter during the election period, covering the
following:
(a) Current
status of the enforcement (i.e. number of arrests, number of
confiscated
firearms, etc.) of the prohibition on the authorized carrying, bearing
and transporting of firearms; and
(b) The
peace
and order situation in various parts of the country, including
insurgency,
existence and size of private armies, the intensity of political
rivalries
and other circumstances, that may affect the conduct of the elections.
Sec. 11. Effectivity.
- This resolution shall take effect after seven days from its
publication
in two (2) daily newspapers of general circulation of the Philippines.
Sec. 12. Dissemination.
- The Education and Information Department shall cause the publication
of this resolution in two (2) daily newspapers of general circulation
and
give the same the widest dissemination possible. The Executive Director
shall furnish copies of this resolution to the Secretary of the
Department
of National Defense, the Department of the Interior and Local
Government,
the Department of Justice, the Chief of Staff, Armed Forces of the
Philippines,
the Director-General of the Philippine National Police and the Director
of the National Bureau of Investigation.
SO ORDERED.
(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:
20 November 2000.
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