Gun Ban Basic Information

Gun Ban Basic Information 2016 Elections

As defined under the Rule I, Section I of the COMELEC Resolution No. 10015 dated 13 November 2015, the Committee on the Ban on Firearms and Security Personnel (CBFSP) refers to the Committee created by the Commission to implement the law/s and rules on the ban on the bearing, carrying or transporting of Firearms and other Deadly Weapons, and the employment, availment or engagement of security personnel or bodyguards during the Election Period. The CBSFP will exercise operational control and supervision over the Regional Joint Security Control Centers (RJSCCs) and the Provincial Joint Security Control Center (PJSCCs), and City or Municipal Joint Security Control Centers (C/MJSCCs).

The Commission, through the CBFSP, has the sole and exclusive power to issue Certificates of Authority (CA). It shall be assisted by a Secretariat composed of representatives from the Commission, the AFP and the PNP. The Secretariat shall be headed by a Senior Officer of the Commission.

1. PERIOD OF THE BAN
   
   • January 10, 2016 up to June 8, 2016 (120 days before and 30 days after the Election Day)
   
   
2. PROHIBITED ACTS
   Unless authorized by the CBFSP, the following are the Prohibited Acts during the election period:
   
   • To carry firearms and deadly weapons outside residence or place of business, and in all public places.
   • To engage the services of security personnel
   • To transport firearms and explosives, including its spare parts and components
   
   
3. SUSPENDED, INEFFECTIVE, AND WITHOUT FORCE AND EFFECT
   
   • Issuance of firearms licenses;
   • Issuance of permits to carry firearms outside residence;
   • Permits to Carry Firearms Outside Residence (PTCFOR), Mission Orders, Letter Orders (LO), and Acknowledgement Receipts; 
    
   
4. PENALTIES
   
   • Imprisonment from 1 to 6 years;
   • Permanent disqualification from public office and loss of right to vote;
   • Deportation for foreigners, but only after prison term is served;
   • Cancellation of and/or perpetual disqualification to secure license or; permit;
   
   
5. WHO MAY BEAR, CARRY, OR TRANSPORT FIREARMS OR DEADLY WEAPONS?
   Listed under Rule III, Section 1 of COMELEC Resolution 10015 are the persons who may be authorized to bear, carry or transport Firearms or other Deadly Weapons during the Election Period.

1. PERTINENT LAWS, RULES, AND REGULATIONS
   
   1. Article VII, Omnibus Election Code (B.P. Blg. 881)
   2. Republic Act No. 7166
   3. COMELEC Resolution No. 10015 
   
   
2. WHAT’S NEW?
   The application for the certificate of authority to bear, carry or transport Firearms or Deadly Weapons can only be accomplished online. How to apply for Certificate of Authority?   

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Rules and Regulations on Firearms 
and Deadly Weapons 2013 Elections

Relative to the forthcoming May 13, 2013 Automated National & Local Elections, January 13, 2013 up to June 12, 2013, covers the election period. Within this period pertinent election laws take course to be effective.

Specifically, Section 261, par. (p, q, r, s) of Omnibus Election Code as amended by Section 32, 33 of Republic Act. No. 7166 which provides that bearing, carrying or transporting of firearms or other deadly weapons is prohibited unless otherwise authorized in writing by the Commission on Elections.

Pursuant thereto the Commission on Elections issued Resolution No. 9561-A dated December 04, 2012 defining the rules and regulations implementing the above provision of election laws. Hereunder is the rules and regulations quoted word for word from said Comelec Resolution No. 9561-A, with amendments from Resolution No. 9601 and 9608.

“SECTION 1. General Guiding Principles. – During the election period.

a. No person shall bear, carry or transport firearms or other deadly weapons outside his residence or place of business, and in public places including any buildings, streets, parks, and private vehicles or public conveyances, even if licensed to possess or to carry the same; and

b. 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 (PNP), the Armed Forces of the Philippines (AFP) or other law enforcement agency of the government.

c. The transport of firearms and/or its spare parts and, explosives and/or its components, by those who are engaged in the manufacture, importation, exportation, purchase, sale of firearms and/or its spare parts and explosives and/or its components, may, with prior written authority from the Committee (CBFSP), be allowed, provided that within the period stated in the authority: (i) the firearms and/or its spare parts be immediately transported directly to the Firearms and Explosives Office (FEO), Civil Security Group (CSG), PNP; and, (ii) the explosives and/or its components be immediately transported directly to the owner’s explosives magazine/storage facility.

d. The transport or delivery of the raw materials used in the manufacturing of firearms and/or its spare parts, explosives and their components, may, with prior written authority from the Committee (CBFSP), be allowed, Provided that the same are immediately transported by the authorized dealer, within the period stated in the authority, directly to the explosives magazine/storage facility of the licensed manufacturer.
Section 1 as amended by Resolution No. 9608 dated January 11, 2013, "In case of sale of firearms, the transport or delivery of the same shall be done by the duly authorized, legitimate, licensed and accredited manufacturer, importer, exporter, distributor or dealer itself or himself on a one-way basis directly to the address of the buyer within twenty four (24) hours from the date as indicated in the authority and under the strict conditions imposed by the PNP for the allowance of the transport. Likewise, the transport or delivery of firearms and spare parts for export to airports/seaports on a one-way basis; or the transport or delivery of imported parts, spare parts and other raw materials used in the manufacturing of firearms directly to the manufacturing facility of the licensed manufacturer, with prior notice to the Commission, shall be authorized.
The CBFSP shall adopt - and impose the charges and fees imposed by the PNP on the issuance of permits/authority to transport firearms and/or its spare parts and explosives and/or its components, including the raw materials used in the manufacture thereof."

SEC. 2. Definition of Terms. – As used in this Resolution: 

a. Election Period refers to the election period prescribed in Comelec Resolution No. 9385 promulgated on 03 April 2012 which is from January 13, 2013 to June 12, 2013;

b. Firearm shall refer to the “firearm” as defined in existing laws, rules and regulations. The term shall include airguns, airsoft guns, and replicas/imitations of firearms in whatever form that can cause an ordinary person to believe that they are real;

c. 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.

d. Committee on the Ban on Firearms and Security Personnel (CBFSP) refers to the Committee in the Commission on Elections which shall be responsible for the implementation of the ban on the bearing, carrying or transporting of firearms and the employment, availment or engagement of security personnel. It will exercise operational control and supervision on the Regional Joint Security Control Center (RJSCC) and the Provincial Joint Security Control Center (PJSCC). It shall be headed by Hon. Commissioner Elias R. Yusoph as Chairman, and a Senior Officer designated by the AFP (not lower than Grade 06) and the PNP, as members. The CBFSP shall be assisted by a Secretariat composed of representatives from the Commission, the AFP and the PNP. The Secretariat shall be headed by a Senior Lawyer of the Law Department of the Commission.

e. Regional Joint Security Control Center (RJSCC) refers to the organization in the region which shall be responsible for the issuance of temporary security details (TSDs) and the implementation of the ban on the bearing, carrying or transporting of firearms and the employment, availment or engagement of security personnel in the region. It shall be headed by the Regional Election Director as Chairman, and the Regional Director from the PNP and the Division or Brigade Commander whoever is present in the area and as may be designated by the AFP. The RJSCC shall be assisted by a Secretariat composed of two (2) representatives each from the Office of the Regional Election Director, the Regional Police Office and the AFP Batallion.

f. Provincial Joint Security Control Center (PJSCC) refers to the organization which be responsible for the reception and evaluation of applications, issuance of temporary security details, and the implementation of the ban on the bearing, carrying or transporting of firearms and the employment, availment or engagement of security personnel in the province. The PJSCC shall be headed by the Provincial Election Supervisor as Chairman, the Provincial Director from the PNP and the Battalion Commander of the AFP or the highest ranking officer in the area as may be designated. The PJSCC shall be assisted by a Secretariat composed of one (1) representative each from the Ofice of the Provincial Election Supervisor, the Police Provincial Office and the AFP assigned in the Province.

SEC. 3. Suspension of Issuance of Firearms Licenses. – Except for the renewal of existing firearms licenses, the PNP shall suspend the issuance, processing, approval and release of firearms licenses during the election period, unless (i) both the license and firearm shall not be released to the owner thereof; and that said (ii) license and firearm shall be kept in deposit with the FEO, CSG, PNP during the election period.

Firearms licenses issued in violation of this Section are null and void, without prejudice to the filing of the appropriate administrative and/or criminal charges against the holder or those responsible for the issuance of the license.

Section 3 as amended by Resolution No. 9608 dated January 11, 2013, "Except for the renewal of existing firearms licenses and the sale of firearms and its spare parts by duly authorized, legitimate, licensed and accredited manufacturers, importers, exporters, and distributors, the PNP shall suspend the issuance, processing, approval and release of firearms licenses during the election period, unless (i) both the license and firearm shall not be released to the owner thereof; and that said (ii) license and firearm shall be kept in deposit with the FEO, CSG, PNP during the election period. 

Firearms licenses issued in violation of this Section are null and void, without prejudice to the filing of appropriate administrative and/or criminal charges against the holder of those responsible for the issuance of the license."

SEC. 4. Who May Bear Firearms. – Only the following persons are authorized to bear, carry or transport firearms or other deadly weapons during the election period:

a. Regular Uniformed Officers and Members of the PNP; Commissioned Officers (COs), Non-Commissioned Officers (NCOs) and Enlisted Personnel (EP) of the AFP;

b. Regular officers, members, and agents of the following agencies of the government who are actually performing law enforcement and/or security functions:

Section 4 (b) as amended by Resolution No. 9608 dated January 11, 2013, Regular officers, members, and agents of the following agencies of the government who are actually performing - law enforcement and/or security functions:

1. National Bureau of Investigation (NBI);
2. Bureau of Corrections (BuCor), Department of Justice;

Section 4 (b), (2) as amended by Resolution No. 9608 dated January 11, 2013, "Bureau of Corrections (BuCor); Department of Justice, Provincial and City Jails;

3. Bureau of Jail Management and Penology (BJMP);
4. (a) Intelligence Division and (b) Investigation Division of the Intelligence and Investigation Service; and the (c) Customs Police Division of the Enforcement and Security Service; of the Bureau of Customs;
5. Port Police Department, Philippine Ports Authority;
6. Philippine Economic Zone Authority police forces;
7. Government Guard Forces regulated by the PNP under RA No. 5487;
8. (a) Law and Investigation Division and (b) Intelligence Division of the Bureau of Immigration; 

Section 4 (b), (8) as amended by Resolution No. 9608 dated January 13, 2013, "(a) The Commissioner and Deputy Commissioners; (b) Law and Investigation Division and Intelligence Division, of the Bureau of Immigration;"

9. Manila International Airport Authority Police Force;
10. Mactan-Cebu International Airport Authority Police Force;
11. Law Enforcement Service of the Land Transportation Office;12. Philippine Coast Guard;
13. Cebu Port Authority Police Force;
14. Internal Security Operations Group (ISOG) of the Witness Protection, Security and Benefits Program of the Department of Justice;
15. Enforcement and Investigation Division, Optical Media Board;
16. (a) The Security Investigation and Transport Department (SITD)
(b) Cash Department and
(c) the Office of Special Investigation (OSI), Branch Operations, of the Bangko Sentral ng Pilipinas;
17. Offices of the Sergeant-At-Arms (OSAA) of
(a) the Senate and
(b) the House of Representatives, including the OSAA designated security escorts of Senators and Congressmen;18. Inspection Service of the Philippine Postal Corporation;
19. Members of the Commission on Elections, Directors and Lawyers in the Main Office of the Commission, Regional Election Directors, Assistant Regional Election Directors, Chiefs-of-Staff of the Offices of the Chairman and Commissioners, Provincial Election Supervisors, Regional Attorneys and Election Officers, and Organic Security Officers of the Commission on Elections;
20. Inspection, Monitoring and Investigation Service of the National Police Commission;
21. Special Action and Investigation Division, Forest Officers defined under PD No. 705, Forest/Park Rangers, Wildlife Officers, and Forest Protection and Law Enforcement Officers of the Department of Environment and Natural Resources under DAO No. 1997-32;
22. Intelligence and Security Unit, Office of the Secretary, Department of Foreign Affairs;
23. Philippine Drug Enforcement Agency;
24. Philippine Center for Transnational Crime;
25. National Intelligence Coordinating Agency;
26. Civilian Armed Forces Geographical Units Active Auxiliaries and Special Civilian Armed Forces Geographical Units Active Auxiliaries already constituted upon the effectivity of this Resolution while within the barracks;
27. Presidential Security Group;
28. Internal Security Division of the Bureau of the Treasury, the Treasurer and Deputy Treasurers of the Philippines;
29. Internal Security of the Office of the Vice-President;
30. Internal Security of the Office of the Secretary of the Interior and Local Government;

Section 4 (b), (30) as amended by Resolution No. 9608 dated January 11, 2013, "The Secretary,Undersecretaries, Assistant Secretaries and the Internal Security of the Office of the Secretary of the Interior and Local Government; 

31. Internal Security of the Office of the Secretary of the Department of National Defense.
32. State, Regional, Provincial and City Prosecutors of the Department of Justice.

Section 4 (b), (32) as amended by Resolution No. 9608 dated January 13, 2013, "The Secretary, Undersecretaries, Assistant Secretaries, Prosecutor-General, Chief State Prosecutor, and State, Regional, Provincial and City Prosecutors; of the Department of Justice;

Provided that when in the possession of firearms, they are:

1. In the regular plantilla of the said agencies and are receiving regular compensation for the services rendered in said agencies;

2. In the agency-prescribed uniform showing clearly and legibly the name, rank and serial number or, in case rank and serial number are inapplicable, the agency-issued identification card showing clearly the name and position, which shall remain visible at all times;

3. Duly authorized to possess firearm and to carry the same outside of residence by means of a valid permit to carry or by virtue of a valid mission order or letter order; and

4. In the actual performance of official law enforcement and/or security duty, or in going to or returning from his residence/barracks or official station.
Section 4 (b), as amended by Resolution No. 9608, dated January 11, 2013,
"33. The Solicitor-General; 
34. The Ombudsman, Deputy Ombudsman and Investigators and Prosecutors of the Office of the Ombudsman;
35. The Chairmen and Commissioners of the Constitutional Commissions;
36. The Chairperson and commissioners of the Commission on Human Rights;
37. The Chief Public Attorney; 
38.The Vice-President of the Republic of the Philippines;
39.Senators who are not running for re-election; and 
40. Cabinet Secretaries."

c. Members of privately-owned or operated security, investigative, protective or intelligence agencies; Provided, that when in the possession of firearm, they are:

1. In the agency-prescribed uniform with the agency-issued identification card prominently displayed and visible at all times, showing clearly the name and position;

2. In possession of a valid License to Exercise Security Profession (LESP) with Duty Detail Order (DDO) for security guards or Special Duty Detail Order (SDDO) for protection agents, and valid firearms license of the agency where they are employed.

3. Deployed by Private Security Agencies duly licensed by the PNP;

4. Deployed by Private Detective Agencies or Private Security Agencies duly licensed/accredited by the PNP, in case of Protection Agents; and

5. In the actual performance of duty at his specified place or area of duty.

d. Justices of the Supreme Court, Court of Appeals, Sandiganbayan, and Court of Tax Appeal; and Judges of the Regional Trial courts and Municipal/ Metropolitan/Circuit Trial Courts; and

e. Security personnel of accredited foreign diplomatic corps and establishments under international law including foreign military personnel in the Philippines covered by existing treaties and international agreements endorsed by the Secretary of the Department of Foreign Affairs and the Heads of Missions of foreign countries in the Philippines.

SEC. 5. Suspension of permits to carry firearms outside residence and issuance of mission orders and memorandum receipts. – From 03 December 2012, the Committee has the sole power to issue authority to bear, carry or transport firearms, including its spare parts, explosives and its components, outside residence and place of business in the country.

Hence, any Permit to Carry Firearms Outside Residence (PTCFOR), Mission Order (MO), Letter Order (LO) and Acknowledgement Receipts (ARE) issued by the Chief, PNP or his duly authorized representative or any other head of government law enforcement/security agencies, prior to or are processed and issued during the election period, are hereby declared suspended, ineffective, and without force and effect, unless properly covered by Certificates of Authority duly issued by the CBFSP.

Resolution No. 9601, Dec. 27, 2012 clarify Section 5 of Comelec Resolution No. 9561-A. SECTION I. Section 5 of Resolution No. 9561-A is amended to read as follows:

"SEC. 5. Suspension of permits to carry firearms outside residence and issuance of mission orders and memorandum receipts. - During the Election Period, the Committee has the sole power to issue authority to bear, carry or transport firearms and other deadly weapons, including its spare parts, explosives and its components, outside residence and place of business in the country.

Hence, any Permit to Carry Firearms Outside Residence (PTCFOR), Mission Order (MO), Letter Order (LO) and Acknowledgement Receipts (ARE) issued by the Chief, PNP, the Chief of. Staff of the AFP, the Commanding General or Flag Officer in Command of the Different Branches of the AFP and their sub-units, or their duly authorized representatives, or any other head government law enforcement/security agencies, processed and issued during the election period, are hereby declared suspended, ineffective, and without force and effect, unless properly covered by Certificates of Authority duly issued by the CBFSP.

Receipt and processing of all applications for Authority to Bear, Carry or Transport Firearms and Other Deadly Weapons, including the transport of firearms and/or its spare parts and explosives and/or its components by those who are engaged in the manufacture, importation, exportation, purchase, sale thereof, as well as the transport or delivery of the raw materials used in the manufacturing of firearms and/or its spare parts and explosives and/or its components shall commence on December 3, 2012."

SEC. 6. Who may avail of security personnel or bodyguards.– Except those constituting the regular security personnel complement of the President, Vice President, Senators who are not running for re-election, Justices, Judges, Cabinet Secretaries, Chairman and Commissioners of the Commission on Elections, Chief of Staff of the AFP and AFP Major Service Commanders, Director Generals and Senior Officers of the PNP, all existing authority granting security personnel or bodyguards to carry firearms are hereby revoked at the start of the election period.

When circumstances warrant, including but not limited to threats to life and security, a candidate or his immediate family within the second degree of consanguinity or affinity, may, upon application, be assigned a maximum of two (2) security personnel or bodyguards as follows:

Section 6 as amended by Resolution No. 9608, dated January 11, 2013, "Except those constituting, the regular security personnel complement of the President, Vice President, Senators who are not running for re-election, Justices, Judges, Cabinet Secretaries, Chairman and Commissioners of the Commission on Elections, Chief of Staff of the AFP and AFP Major Service Commanders, Director Generals and Senior Officers of the PNP, all existing authority granting security personnel or bodyguards to carry firearms are hereby revoked at the start of the election period. 

Incumbent Members of the House of Representatives and Provincial Governors, whether or not running - for re-election or for another elective office, whose regular security complement have been provided by Officers or Members of the PNP, AFP, NBI or other Government Law Enforcement Agencies for at least one (1) year at the time of the promulgation - of this Resolution, shall be allowed to retain the services of the officers or members of said government - agencies, - provided, that, said public officials shall be allowed to retain the services of a maximum of two (2) currently detailed officers or members of said law enforcement government agencies.

In case where the security situation of said incumbent Members of the House of Representatives and Provincial Governors warrant the augmentation of additional security personnel, said public officials may apply for the authority to employ, avail or engage - the services of additional security personnel or bodyguard from duly licensed and accredited privately-owned or operated security, investigative, protective or intelligence agencies in accordance with the procedures in this resolution."

a. Candidates for Senator, 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 or Accredited Private Security Agencies, to provide security, for the duration of the election period. However, 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.

b. Candidates for all other Local Elective Positions, may, upon application, be authorized to employ, avail and engage the services of no more than two (2) duly licensed/authorized Protective Agents of Private Detective Agencies or Accredited Private Security Agencies, to act as their security personnel or bodyguards within the duration of the election period.

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 short with the following specifications:

a. For Uniformed Personnel

KIND	MAKE/MODEL	CALIBER
Pistol	Any	.380 cal, 9mm, 40 cal and 45 cal
Revolver	Any	38 cal and 357 cal
SMG	Any	9mm and 40 cal
High Powered Riffle     Without grenade launcher     Without magnification  Lens     Magazine Fed only	Any	5.56 cal

b. (b) For Protective Agents

KIND	MAKE/MODEL	CALIBER
Pistol	Any	9mm
Shotgun	Any	12 gauge

The CBFSP shall not approve applications where the security details will carry more than two (2) firearms and the caliber is higher than the above-specified.

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 and upon payment of Php 500.00 filing fee.

The affected officials or individuals may continue to avail of or engage the services of security personnel or bodyguard, provided that they shall apply for the authority to bear, carry or transport firearms or to avail of or to engage security personnel, as the case may be, as provided in the preceding Sections hereof. Provided further, that the security personnel or bodyguard is a member of protective detective/security agency and has completed the required VIP training course.

SEC. 7. Who are authorized to submit the requirements for the authority to bear, carry or transport of firearms or file applications for authority for the employment, availment or engagement of security personnel and body guard.– The following are authorized to submit the requirements for the authority to bear, carry or transport of firearms or file applications for authority for the employment, availment or engagement of security personnel and body guard:

a. Only the heads of agencies or his authorized representative enumerated under Sec. 4 hereof shall submit the requirements before the CBFSP.

b. Candidates, who wish to employ, avail of or engage the services of security personnel or bodyguard.

c. Incumbent public officers, in case of employment, availment or engagement of security personnel and body guard. The applicant shall submit the name of the protective security agency to which the proposed security personnel and body guard is affiliated and certified true copy of the Certificate of Completion of VIP training course attended by the proposed security/bodyguard.

SEC. 8. Requirements for the authority to bear, carry or transport of firearms or for applications for authority for the employment, availment or engagement of security personnel and body guard.– For the authority to bear, carry or transport of firearms, the following are required:

a. For Sec. 4 subparagraphs (a), (b) and (d), not later than 30 November 2012:

1. Duly accomplished CBFSP Form No. 1 in three (3) copies.

2. One CD containing the roster of personnel;

3. Certified copies of current and valid firearms license and permit to carry firearm outside of residence issued by the PNP or the memorandum receipts or letter order as the case may be;

4. Colored 4” x 5” picture, with description, of the authorized uniform of the office; and

5. Certification under oath that the persons named therein are in the regular plantilla of the Agency, performing actual law enforcement and/or functions and are receiving regular compensation for the services rendered in the said agency and that the firearms described are duly registered firearms.

b. For Security, Protective, Investigative, Detective Agencies or Protection Agents of Private Detective Agencies provided under Sec. 4 subparagraph (c), not later than 03 December 2012, shall submit to the concerned PJSCC in the province or in the RJSCC in case of the NCR, the following:

1. Duly accomplished CBFSP Form No. 1 in three (3) copies.

2. One CD containing the roster of personnel;

3. Colored 4” x 5” picture, with description, of the authorized uniform of the office;

4. Permit to operate and accreditation by the PNP;

5. Pay the application fee in the amount of P 50.00 for each personnel listed in the list; and

6. Certification under oath that the persons named therein are in the regular plantilla of the Agency, performing law enforcement functions and are receiving regular compensation for the services rendered in the said agency and that the firearms described are duly registered firearms.

c. For those who will apply for authority for the employment, availment or engagement of security personnel and body guard , the following are required.

1. Duly accomplished application form CBFSP Form No. 2, in three (3) copies, stating therein his full name, employment, office he is presently occupying, his residence and the reasons or circumstances for the application and must be subscribed before a notary public or any administering officer.

2. Threat assessment or such document to support the existence of threat, if any; and

3. Pay a filing fee of Php 5,000.00 for each application.

4. Name and contact number of the protective security agency to which the proposed security personnel and body guard is affiliated.

5. Certified true copy of the Certificate of Completion of VIP training course attended by the proposed security/bodyguard.

6. Special Duty Detail Order (SDDO).

SEC. 9. Where to file the application for employment, availment or engagement of security personnel and body guard including compliance of government guard forces and provincial jails, security protective, investigative, intelligence agencies or protective agents of private detective agencies. – Applications for employment, availment or engagement of security personnel and body guard including compliance of government guard forces and provincial jails, security protective, investigative, intelligence agencies or protective agents of private detective agencies may be filed either at the CBFSP, RJSCC or PJSCC.

SEC. 10. Guidelines for security, protective, investigative, or detective agencies. – For orderly implementation of the ban on firearms, the following guidelines are hereby provided for security, protective, investigative, or intelligence agencies:

1. For single posting, the security guard assigned is prohibited to transport his firearm from duty area to his residence;

2. Firearms stationed in armored trucks are exempted provided they are duly licensed agency-issued firearms and being used during the regular course of business of the security agencies;

3. 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 to the concerned RJSCC.

SEC. 11. Procedure. - Within five (5) days from receipt of the application, the CBFSP, RJSCC or PJSCC shall refer the matter to the AFP and the PNP which shall immediately conduct a threat or security assessment. Within five (5) days from referral, the AFP and PNP shall submit its assessment with a recommendation on whether to grant or not to grant the request. In case of applications filed at the PJSCC, it shall transmit the applications and the security assessment to the RJSCC copy furnished the CBFSP within twenty-four (24) hours from receipt of the threat assessment.

Based on the assessment and recommendation submitted to it by the PJSCC, the RJSCC shall grant or deny the request or may request for a reassessment. In case of grant, the RJSCC may issue a thirty (30) day non-extendible Temporary Security Detail (TSD). Within five (5) days from issuance of the TSD, the RJSCC shall forward the application, its supporting documents including the TSD, if any.

For applications filed at the CBFSP, it may authorize the Regional Director of the PNP or the AFP or the National Bureau of Investigation to assign not more than two (2) of its regular members as security personnel. For this purposes, 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, 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 the CBFSP 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. The applicant may appeal the disapproval to the CBFSP.

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 in Section 4 hereof.

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. 12. Security details.– The CBFSP or RJSCC shall issue the required Security Detail Authority to all applicants currently being protected and secured by the PNP, AFP, other law enforcement agencies and security agencies. Likewise, the RJSCC may issue a thirty (30) day non-extendible Temporary Security Detail (TSD), upon filing of the applications, the submission of the existing threat assessments and the payment of the required fee.

All applications, threat assessments, including the TSDs issued by the RJSCC shall be forwarded to the CBFSP within five (5) days from issuance thereof for its appropriate action.

SEC. 13. Reporting requirements.– The RJSCC shall submit to the CBFSP a weekly report on the implementation of this Resolution, which shall include the following:

a. 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;

b. 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; and

c. Inventory of the Temporary Security Detail (TSD) and the list of firearms issued.

The CBFSP shall consolidate all weekly reports submitted by RJSCC and submit the same to the Commission en banc.

SEC. 14. Enforcement, Prohibition and Penalties. – Any member of the law enforcement /security agencies enumerated in Sec. 4 hereof, who are not wearing the authorized uniform, display their agency issued identification cards mentioned herein, bears, carries or transports firearm or other deadly weapon, and who do not possess the required Certificate of Authority from the CBFSP shall be presumed unauthorized to carry firearms and subject for arrest.

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 permanent 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.

This is without prejudice to the cancellation by the Chief, Philippine National Police, of the violator’s firearms license and permit to carry firearm outside residence if any, and the perpetual revocation of the privilege to secure similar license or permit in the future.

For government employees, perpetual disqualification to possess government owned and issued firearms shall be imposed upon them.

Further, the same is without prejudice to the filing of the proper criminal and/or administrative charges.

Any public officer who falsely certify under oath that the persons named in the roster are in the regular plantilla of the Agency, performing law enforcement functions and are receiving regular compensation for the services rendered in the said agency and that the firearms described are duly registered firearms shall be criminally and administratively charged.

SEC. 15. Requirements for certified true copy of certificate of authority. – Photocopies of the Certificates of Authority shall only be valid if they are:

1. Certified as true copies of the record on file by the CBFSP;

2. Printed on Comelec security paper;

3. Stamped with Comelec dry seal;

4. Affixed with security sticker; and

5. Covered in the original by official receipts of the Comelec.

Certified true copies of the Agency’s Certificate of Authority may be secured upon:

a. Payment of legal fee with the Comelec Cash Division in the amount of One Hundred Pesos (Php 100.00) for the first page and Two Pesos (Php 2.00) for every succeeding page per issuance of a Certified True Copy of File on Record of the Agency’s Certificate of Authority; and

b. Submission by the Head of the requesting agency together with its Chief of Personnel Division (or its equivalent) a certification under oath stating:

1. Which unit and personnel within their agency is authorized to be issued said certified true copies of their respective agency’s Certificates of Authority; and

2. That the roster of personnel accompanying said request for certified true copies of their agency’s certificate of authority contain only their duly authorized regular plantilla officers and members with actual law enforcement and/or security functions. ”

For the proper guidance of all concerned and everybody is enjoined to strictly comply with the
above rules and regulations.