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Republic of the Philippines

COMMISSION ON
Manila

RULES AND REGULATIONS ON:


(1) THE BAN ON BEARING,
CARRYING OR TRANSPORTING
OF FIREARMS OR
OTHER
DEADLY WEAPONS; AND (2)
THE EMPLOYMENT, AVAILMENT
OR ENGAGEMENT OF THE
SERVICES
OF
SECURITY
PERSONNEL OR BODYGUARDS
DURING
THE
ELECTION
PERIOD FOR THE MAY 13, 2013
AUTOMATED
SYNCHRONIZED
NATIONAL, LOCAL ELECTIONS
AND
ARMM
REGIONAL
ELECTIONS, AS AMENDED.

BRILLANTES, Sixto, Jr., S. ,


SARMIENTO, Rene V.
TAGLE, Lucenito N.
VELASCO, Armando C.
YUSOPH, Elias R.
LIM, Christian Robert S.,
PADACA, Ma. Gracia Cielo, M.

Chairman
Commissione

Commissioner
Comtnission
Commission
Commissionq

WHEREAS, Section 261 (q) of the Omnibus Election Code (8. P.


Blg. 881) provides:

"Sec. 261. Prohibited Acts.


guilty of an election offense:"

The following shall be

"(q) Carrying firearms outside residence or place of


business, - Any person who, although possessing a permit
to carry firearms, carries any firearms outside his residence
or place of business during the election period, unless
authorized in writing by the Commission: Provided, That a
motor vehicle, water or air craft shall not be considered a
residence or place of business or extension hereof.

This prohibition shall not apply to cashiers and


disbursing officers while in the performance of their duties
or to persons who by nature of their official duties,

4.

profession, business or occupation habitually carry large


sums of money or valuables.
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 license shall be suspended during the
election period.
Only regular members of the Philippine National
Police, the Armed Forcescof th'e 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 offices 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 of the Philippine
National Police, the Armed Forces of the Philip,pinesor 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

Jf

subject to the same requirement as to wearing of uniforms


prescribed in the immediately preceding section unless
exempted in writing by the Commission.
I f 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."
e
WHEREAS, it is the policy of the Commission to strictly enforce
Section 261 (q) of the Omnibus Election Code as well as Sections 32 and
33 of Republic Act No. 7166;
NOW, THEREFORE, pursuant to the power vested in it by the
Constitution, the Omnibus Election Code (B.P. 881), Republic Acts No.
6646, 7166 and other election,laws,l the Commission RESOLVED, as it
hereby RESOLVES, to promulgate the following rules and regulations to
implement Section 261 (q) of the Omnibus Election Code and Sections
32 and 33 of Republic Act No. 7166 in connection with the May 13, 2013
automated national and local elections.
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
publ-ic 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 magazinelstorage 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 magazinelstorage facility of the
licensed manufacturer.
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,
grenades or other explosives, except pyrotechnics.

hand

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

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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 tlie 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)

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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.
*
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;
t

(b)

Reaular officers. members, and agents of the following


agencies of the government who are actuallv performing
law enforcement and/or securitv functions:

I. National Bureau of Investigation (NBI);


2.

Bureau of Corrections (BuCor), Department of Justice;

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;

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;

u\$

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 n'g 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 Cqmmission 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 fZorces
Geographical Units Active Auxiliaries already constituted
upon the effectivity of this Resolution while within the
barracks;
27. Presidential Security Group;

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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;
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.
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;
, I

(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;
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

(3)

(4) in the actual performance of official law


enforcement and/or security duty, or in going to or returning
from his residencelbarracks or official station.

(c)

Members of privately-owned or operated security, investigative,


protective or intelligence agencies; Provided, that when in the
possession of firearm, they are:

I) 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.

bK
8

3)
deployed by Private Security Agencies duly
licensed by the PNP;

deployed by Private Detective Agencies or Private


4)
Security Agencies duly licensed/accredited by the PNP, in
case of Protection Agents; and
in the actual performance of duty at his specified
5)
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 fiearms outside

residence and issi~anceof mission orders and memorandum


receipt.. - From 03 December 2012, the Committee has the sole power
to issue authority to bear, carry or transport firearms, including its spare
parts, explosives arid 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.

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

X,

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) swurity personnel or bodyguards as
follows:
(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
Pistol
Revolver
SMG
High Powered Riffle
Without
grenade
launcher
Without
magnification Lens
Magazine Fed only

MAKEJMODEL
Any
Any
Any

Any

CALIBER

.380 cal, 9nin1, 40 cal and 45 cal


38 cal and 357 cal
9mni and 40 cal
5.56 cal

4"

(b) For Protective Agents


KIND
Pistol
Shotgun

MAKEIMODEL
Any
Any

CALIBER

9mm
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 employmenf, availment or
engagement of security personnel and body guard. - The
following are authorized to 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
d

"

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
transpott of mearms or for applications for authority for the
employmenf, availment or engagement of security personnel
and body guard. - For the authdrity 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 koster 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 FUSCC in case of the NCR,
the following:
1) Duly accomplished CBFSP Form No. I in tliree (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;

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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.

For those who will apply for authorityfor the


(c)
employment, availment or engagement of security
personneland bodyguard, 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/bodyg~iard.
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
13

agents of private detective agencies may be filed either at the CBFSP,


RJSCC or PJSCC.

SEC 10. Guidelines for securit~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
the security guard assigned is
prohibited to transport his firearm from duty area to his residence;
Firearms stationed in armored trucks are exempted
2.
provided they are duly licensed agency-issued firearms and being
used during the regular course of business of the security
agencies;

I n case of newt posti'ng or termination of posting which


3.
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 onetime, 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. I n 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. I n case of grant, the RlSCC may issue a thirty (30) day
non-extendible Temporary Security Detail (TSD). Within five (5) days
from issuance of the TSD, the RlSCC 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

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14

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.
I n exceptionally meritorious cir~umstances,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.
I

I n 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.
I f 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 RlSCC 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.

&

I5

SEC. 13. Reportlig 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.

SE C. 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. I f 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.
0
6
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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:
I. certified as true ciopieslof 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.

14

SEC. 16. Effectivity 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.
SO ORDERED.

Chairman

Commissioner
I

'

Commissioner

M. PADACA

Commissioner
cc: Chairman
All Commissioners
Execulwe Director
~ e p l ~ Executive
ty
Director for Operations
Law Department

Education and Information Department

Commissioner

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