IN THE MATTER OF THE REPORTS OF COMELEC FIELD PERSONNEL, REQUESTING FOR TOTAL GUN BAN AND TO PROHIBIT THE EMPLOYMENT OF BODYGUARDS IN CONNECTION WITH THE SPECIAL BARANGAY AND SK ELECTIONS SCHEDULED ON DECEMBER 15, 2007 IN AREAS WHERE NO BARANGAY AND SK ELECTIONS WERE HELD ON OCTOBER 29, 2007 IN ACCORDANCE WITH RESOLUTION NO. 8374 DATED NOVEMBER 28, 2007
WHEREAS, the Commission on Elections is constitutionally mandated to achieve its primordial objectives of holding free, orderly, honest, peaceful and credible elections;
WHEREAS, the Commission issued Resolution No. 8374 dated November 28, 2007 setting special elections on December 15, 2007 in the affected barangays where no elections were held for Barangay and Sangguniang Kabataan on October 29, 2007;
WHEREAS, reports by field officials of the Commission have attributed most failure of elections to occurrence of rampant and widespread threats, harassment, and intimidation directed against members of the Board of Election Tellers, Board of Canvassers and civilians, terrorism, violence and political killings among candidates, their followers and supporters by indiscriminate use of firearms and other deadly weapons, to prevent the holding of the October 29, 2007 elections;
WHEREAS, to prevent the recurrence of such violent incidents, the Commission deems it necessary to totally prohibit the use, bearing, carrying and transporting of firearms or other deadly weapons by any private individuals including candidates, government officials and employees, except the Philippine National Police, the Armed Forces of the Philippines and other law enforcement agencies of the government as deputies of the Commission starting December 10, 2007 to December 20, 2007, which in effect, extend the application of Gun Ban under Comelec Resolution No. 8298 dated September 7, 2007;
WHEREAS, to further avert the afore-mentioned lawless incidents relative to the December 15, 2007 Special Barangay and SK Elections, the Commission likewise resolved to totally prohibit any candidate, including incumbent barangay officials seeking election to said office or any office or who are not seeking election, to employ, avail himself/herself/themselves of or to engage the services of security personnel and/or bodyguards, whether or not such bodyguards are members or officers of the PNP, the AFP or any other law enforcement agency of the government;
NOW, THEREFORE, the Commission on Elections, by virtue of the powers vested in it by the Constitution, the Omnibus Election Code, Republic Act Nos. 6646, 7166, 9006 and other related laws, has RESOLVED to DECLARE, as it hereby declares, a total gun ban in all affected areas where special elections are scheduled to be held on December 15, 2007 pursuant to Comelec Resolution No. 8374.
RESOLVED, MOREOVER, that VIOLATION of this Resolution shall constitute an election offense as provided for and penalized under Section 261 (p), (q) and (s) of the Omnibus Election Code in relation to Sections 32 and 33 of Republic Act No. 7166.
Let the Office of the Executive Director and the Education and Information Department implement this resolution with dispatch.
SO ORDERED.