Resolution No. 9548
RULES AND REGULATIONS ON THE BEARING, CARRYING OR TRANSPORTING OF FIREARMS OR OTHER DEADLY WEAPONS IN CONNECTION WITH THE DECEMBER 01, 2012 PLEBISCITE TO RATIFY THE CONVERSION OF CABANATUAN CITY, NUEVA ECIJA FROM A COMPONENT CITY INTO A HIGHLY URBANIZED CITY, PURSUANT TO PRESIDENTIAL PROCLAMATION NO. 418 DATED JULY 04, 2012
Promulgation: 25 October 2012
“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, parks, 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, in connection with the May 10, 2010 Automated National and Local elections, the October 25, 2010 Barangay and Sangguniang Kabataan Elections, and for the June 2, 2012 special election for Member, House of Representatives, 5th District, Negros Occidental, the Commission promulgated Resolution 8714, and 9028, 9392, respectively, providing for the rules and regulations implementing Sections 32 and 33 of Republic Act No. 7166;
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, and other elections laws, the Commission RESOLVED, as it hereby RESOLVES, to ADOPT Resolution 8714, dated December 16, 2009, Resolution No. 9028, dated September 20, 2010, Resolution No. 9392, dated April 13, 2012, and the other Resolutions issued by the Commission in connection therewith, insofar as they are applicable, for purposes of the conduct of December 01, 2012 Plebiscite to ratify the conversion of Cabanatuan City from a component city into a highly-urbanized city, pursuant to Presidential Proclamation No. 418, dated on July 04, 2012, subject to the following amendments/modifications:
Section 1. Period and Scope of Effectivity. – The ban shall be effective in the whole of the City of Cabanatuan during the plebiscite period which is from November 05, 2012 to December 11, 2012.
Sec. 2. Firearm; Deadly weapon. – The term “firearm” shall refer to the “firearm” as defined in existing laws, rules and regulations. The term also includes airguns and airsoft guns.
Deadly weapon includes bladed instrument, hand grenades or other explosives, except pyrotechnics.
A bladed instrument is not covered by the prohibition when possession of the bladed instrument is necessary to the occupation of the possessor or when it is used as a tool for legitimate activity.
Sec. 3. Status of authority to bear, carry or transport firearms issued pursuant to Resolution No. 8714, dated December 16, 2009, Resolution No. 9028, dated 20 September 2010, 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, Resolution No. 9028, dated September 20, 2010, and the other Resolutions implementing Resolution 8714, and 9028 are hereby recognized as valid and effective in relation to the conduct of the December 01, 2012 plebiscite in the Cabanatuan City, Nueva Ecija, 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, except that the evaluation and approval shall be made by the Regional Joint Security Control Center (RJSCC) of Region III.
SEC. 4. Transport of explosives and its components. – The transport of explosives and/or its components by (1) those engaged in the importation, exportation, purchase and sale of explosives and/or its components; or (2) those involving the transportation of explosives and/or its components, may be authorized by the Director General of the Philippine National Police (PNP) through a validly issued permit, and giving prior notice to the Commission by having the original of said permit stamped “approved” by the RJSCC of Region III and submitting a certified true copy thereof.
The explosives and/or its components must be immediately transported to the Firearms and Explosives Division (FED), Civil Security Group (CSG), PNP, or to the intended place of destination, employment and/or utilization, and authorized by the FED, CSG, PNP, as the case may be.
SEC. 5. 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 RJSCC.
SEC. 6. Reporting requirements. – The RJSCC shall submit to the Committee on the Ban of Firearms and Security Personnel (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, especially in the areas where the plebiscite shall take place, including insurgency, the existence and size of private armies, the intensity of political rivalries and other circumstances, that may affect the conduct of the plebiscite.
The CBFSP shall consolidate all weekly reports submitted by the RJSCC and submit the same to the Commission en banc.
SEC. 7. 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. 8. Effectivity, publication and dissemination. - This Resolution shall take effect on the seventh (7th) 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 the Regional Election Director of Region III, the Provincial Election Supervisor of Nueva Ecija, the Election Officer of the Cabanatuan City, the PNP, the AFP and all other law enforcement agencies.
|(Sgd.) SIXTO S. BRILLANTES, JR.|
|(Sgd.)RENE V. SARMIENTO
|(Sgd.) LUCENITO N. TAGLE
|(Sgd.) ARMANDO C. VELASCO
|(On Official Business)
ELIAS R. YUSOPH
|(Sgd.) CHRISTIAN ROBERT S. LIM
|(Sgd.) MA. GRACIA CIELO M. PADACA
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