Resolution No. 9028
RULES AND REGULATIONS ON THE: (1) BEARING, CARRYING OR TRANSPORTING OF FIREARMS
OR OTHER DEADLY WEAPONS; AND (2) EMPLOYMENT, AVAILMENT OR ENGAGEMENT OF
THE SERVICES OF SECURITY PERSONNEL OR BODYGUARDS IN CONNECTION WITH
THE OCTOBER 25, 2010 BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS.
Promulgation: 20 September 2010
WHEREAS, Section 32 of Republic Act No. 7166 provides:
"SEC. 32. Who May Bear Firearms. - During the election period, no person shall bear, carry or transport firearms or other deadly weapons in public places, including any building, street, park, private vehicle or public conveyance, even if licensed to possess or carry the same, unless authorized in writing by the Commission. The issuance of firearms licenses shall be suspended during the election period.
"Only regular members of the Philippine National Police, the Armed Forces of the Philippines and other law enforcement agencies of the Government who are duly deputized in writing by the Commission for election duty may be authorized to carry and possess firearms during the election period: Provided, That, when in the possession of firearms, the deputized law enforcement officer must be: (a) in full uniform showing clearly and legibly his name, rank and serial number, which shall remain visible at all times, and (b) in the actual performance of his election duty in the specific area designated by the Commission."
WHEREAS, Section 33 of the same Act provides:
"SEC. 33. Security Personnel and Bodyguards. - During the election period, no candidate for public office, including incumbent public officers seeking election to any public office, shall employ, avail himself of or engage the services of security personnel or bodyguards, whether or not such bodyguards are regular members or officers of the Philippine National Police, the Armed Forces of the Philippines or other law agency of the Government: Provided, That when circumstances warrant, including but not limited to threats to life and security of a candidate, he may be assigned by the Commission, upon due application, regular members of the Philippine National Police, the Armed Forces of the Philippines or other law enforcement agency who shall provide him security for the duration of the election period. The officers assigned for security duty to a candidate shall be subject to the same requirement as to wearing of uniforms prescribed in the immediately preceding section unless exempted in writing by the Commission.
"If at any time during the election period, the ground for which the authority to engage the services of security personnel has been granted shall cease to exist or for any other valid cause, the Commission shall revoke the said authority."
WHEREAS, in connection with the May 10, 2010 automated national and local elections, in consonance with the abovementioned policy, the Commission promulgated Resolution 8714 which provided for the rules and regulations implementing Sections 32 and 33 of Republic Act No. 7166;
WHEREAS, the strict implementation of Resolution No. 8714 significantly reduced the number of election-related violence in connection with the May 10, 2010 automated national and local election, resulting in an honest, orderly, peaceful and credible elections;
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, 9164, 9340 and other elections laws, the Commission RESOLVED, as it hereby RESOLVES, to APPLY Resolution 8714, dated December 16, 2009, and the other Resolutions issued in connection therewith, in the implementation of Sections 32 and 33 of Republic Act No. 7166 in relation to the conduct of the October 25, 2010 Barangay and Sangguniang Kabataan elections, subject to the following amendments/modifications:
SECTION 1. Election Period. - The election period shall refer to the election period prescribed in Comelec Resolution No. 9019 dated August 31, 2010, which is from September 25, 2010 to November 10, 2010.
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.
SEC. 3. Status of authority to bear, carry or transport firearms issued pursuant to Resolution No. 8714, dated December 16, 2009, 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, and the other Resolutions implementing Resolution 8714, are hereby recognized as valid and effective for purposes of the October 25, 2010 Barangay and Sangguniang Kabataan elections, provided that the conditions for the grant of the authority are complied with. In case of new personnel or new firearms not covered by previous authority, the procedures for the issuance of authority under Resolution No. 8714 shall be followed.
SEC. 4. Who may be assigned security personnel or bodyguards. - When circumstances warrant, including, but not limited to threats to life and security, any incumbent public officer, and private individual, may, upon application, be assigned regular members of the PNP or the AFP, or the National Bureau of Investigation, and as augmentation, duly licensed/authorized Protective Agents of Private Detective Agencies, to provide security, for the duration of the election period.
Except those 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, Chairman and Commissioners of the Commission on Elections, Chief of Staff of the AFP and AFP Major Service Commanders, Director Generals of the PNP and senior officers and the members of the foreign diplomatic corps, all existing authority granting security personnel or bodyguards are hereby revoked at the start of the election period. The affected officials or individuals, who want to continue to avail of or engage the services of security personnel or bodyguard, shall apply for the employment, availment or engagement of security personnel or bodyguard as provided in Section 5 hereof.
SEC. 5. Procedure in applying for employment, availment or engagement of security personnel and bodyguard. - Any candidate for elective barangay and sangguniang kabataan position, any public officer or private individual, who wants to employ, avail of or engage the services of security personnel or bodyguard, shall apply for employment, availment or engagement of security personnel or bodyguard, by duly accomplishing CBFSP Form No. 2 and filing the as provided herein.
The application shall be accompanied by a threat assessment issued by the AFP or PNP or such document to support the existence of threat, if any. A filing fee of PhP1,000.00 shall be charged for each application.
The Committee on the Ban of Firearms and Security Personnel (CBFSP) shall accept and process applications filed by:
- Incumbent Senators;
- Government officials occupying positions in the national offices including government owned and control corporation with a rank of Secretary, Undersecretary, Assistant Secretary or their equivalent
- Members of the foreign diplomatic corps and international organizations;
- Justices of the Supreme Court, Court of Appeals, Sandiganbayan and the Court of Tax Appeal;
- Relatives within the second degree of consanguinity of those mentioned above.
The Regional Joint Security Control Center (RJSCC) shall accept and process application filed by incumbent Members of the House of Representatives, incumbent Party-List representatives, candidates for elective Barangay and Sangguniang Kabataan positions, incumbent public officer, and private individual;
For applications filed with the CBFSP, the CBFSP shall refer the matter to the AFP and PNP which shall immediately conduct a threat or security assessment. Within five (5) days from referral, the AFP and PNP shall submit to the CBFSP its assessment with a recommendation on whether to grant or not to grant the request.
For applications filed with the RJSCC, the RJSCC shall, within five (5) days from receipt of the application, refer the application, together with the corresponding threat assessment and recommendation, to the CBFSP.
Based on the assessment and recommendation submitted to it, the CBFSP shall grant or deny the request or may request for a reassessment.
If the decision is to grant the request, the CBFSP may authorize the Director General of the PNP or the Chief of Staff of the AFP or the Director of the National Bureau of Investigation to assign not more than two (2) of its regular members as security personnel. For this purpose, the prohibition on the transfer or detail of PNP or AFP personnel is hereby suspended only in so far as transferring or detailing them as security details to candidate for Barangay and Sangguniang Kabataan, including incumbent public officer, or any public officer or private individual.
Upon request and when the threat assessment warrants, the CBFSP may authorize the assignment of additional two (2) Protective Agents as close-in security.
In exceptionally meritorious circumstances, applicants may request for additional security subject to such conditions and restrictions that the CBFSP may impose.
The authority shall be in writing and in three (3) copies. The original shall be given to the office which will provide the security personnel. The second shall be retained by the CBFSP. The third shall be given to the applicant.
In case of disapproval of the request, the CBFSP shall notify the applicant. The notice shall be in writing.
As far as practicable, the security personnel to be assigned shall come from the same unit or office in the same city, municipality, district, or province.
The officers assigned for security duty to a candidate shall be subject to the same requirements as to the wearing of uniforms and the other conditions imposed under Resolution 8714 and the other Resolution issued in implementation thereof.
If at any time the ground for which the authority to engage the services of security personnel ceases to exist, or for any valid cause, the CBFSP shall revoke the authority granted.
SEC. 6. Guidelines on the authority to avail security details. -
- Except 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 the National Defense, Secretary of the Interior and Local Government, Chairman and Commissioners of the Commission on Elections, Chief of Staff of the AFP and AFP Major Service Commanders, Director Generals of the PNP and senior officers, and the members of the foreign diplomatic corps, the following shall be the limit on the number of personnel from the PNP, AFP or other law enforcement units that may be assigned as security details:
- Incumbent Senators - 6;
- Justices - 2;
- Secretaries, Undersecretaries, Assistant Secretaries - 2;
- Other government officials - 2;
- Candidates and private individuals-- 2
- In addition, the applicant may be granted additional security details from Protective Detective Agencies (PDAs) which should not be more than the allowable number of PNP, AFP or members of the law enforcement personnel assigned. Provided, that at any given time, the number of security details accompanying them should not be in excess of what is provided in the authority granted by the CBFSP or RJSCC.
- This limit notwithstanding, the CBFSP may increase the number of security details assigned to an applicant when the circumstances warrant.
- Security details are allowed to carry two (2) firearms, one short and one long or two shorts. In no case shall the RJSCCs approve applications where the security details will carry more than two (2) firearms and the caliber is higher than 5.56 cal.
- All security details and PDAs are required to use their prescribed uniform while in the performance of their duties;
- Grantees may be allowed to replace their security details provided it is with the prior approval of the CBFSP or the RJSCC and upon payment of PhP 500.00 filing fee.
SEC 7. 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:
- For single posting, the security guard assigned is prohibited to transport his firearm from duty area to his residence;
- 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;
- 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 CBFSP or the concerned RJSCC.
SEC 8. Security details. - For applicants who are currently being protected and secured by the PNP, AFP, other law enforcement agencies and security agencies, the CBFSP or the RJSCC may issue a Security Detail (SD) upon filing of their applications subject to the submission of existing threat assessments and payment of the required fee.
All applications, threat assessments, including the SDs issued by the RJSCC shall be forwarded to the CBFSP within five (5) days from receipt thereof.
SEC. 9. Reporting requirements. - The RJSCC shall submit to the CBFSP a bi-weekly report on the implementation of this Resolution, which shall include the following:
- 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 security personnel; and
The peace and order situation in various parts of the country, including insurgency, the existence and size of private armies, the intensity of political rivalries and other circumstances, that may affect the conduct of the elections.
The CBFSP shall consolidate all weekly reports submitted by RJSCC and submit the same to the Commission en banc.
SEC. 10. 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. 11. 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 all Regional Election Directors, Provincial Election Supervisors, Election Officers, the PNP, the AFP and all other law enforcement agencies.
|(Sgd.) JOSE A.R. MELO|
(Sgd.) RENE V. SARMIENTO
|(Sgd.) NICODEMO T. FERRER
|(Sgd.) LUCENITO N. TAGLE
|(Sgd.) ARMANDO C. VELASCO
|(Sgd.) ELIAS R. YUSOPH
GREGORIO Y. LARRAZABAL
Resolution No. 9028 [.pdf] [551 KB]