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ELECTION LAWS
OF THE PHILIPPINES
Full Text

  This web page contains the full text of
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.
Read full text of:chanroblesvirtuallawlibrary
COMELEC Resolution No. 3737
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.
DILG Memorandum on the Gun Ban
SUBJECT: 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 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:chanroblesvirtuallawlibrary

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:chanroblesvirtuallawlibrary

    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:chanroblesvirtuallawlibrary
    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:chanroblesvirtuallawlibrary
      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:chanroblesvirtuallawlibrary

    (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:chanroblesvirtuallawlibrary

    (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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