Resolution No. 9944

WHEREAS, Section 261 (q) of the Omnibus Election Code (B. P. Blg. 881) provides:

WHEREAS, Section 32 of Republic Act No. 7166 provides:

WHEREAS, Section 33 of the same Act provides:

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 during Election Periods;

WHEREAS, per Minute Resolution No. 15-0284 dated April 7, 2015, the Recall Elections for the Position of Mayor in the City of Puerto Princesa, Province of Palawan was set on May 8, 2015;

WHEREAS, following the Calendar of Activities and Periods of Certain Prohibited Acts In Connection with the May 08, 2015 Recall Elections for Mayor in the City of Puerto Princesa, Palawan under Resolution No. 9942 dated April 7, 2015, the Election Period and the Period of Prohibited Acts, including the Ban on the Bearing, Carrying or Transporting of Firearms and Other Deadly Weapons shall be from April 20, 2015 up to May 18, 2015 (20 days before and 10 days after the Election Day).

NOW, THEREFORE, pursuant to the power vested in it by the Constitution, the Omnibus Election Code (B.P. 881, as amended), Republic Act Nos. 6646 and 7166 and other election laws, 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 8, 2015 Recall Elections for Mayor in the City of Puerto Princesa, Palawan.

SECTION 1. General Guiding Principles. - During the Election Period and within the territorial jurisdiction of the City of Puerto Princesa, Palawan:

1. No person shall bear, carry or transport firearms or other deadly weapons outside his residence or place of business, and in all public places, including any buildings, streets, parks, and private vehicles or public conveyances, even if licensed or authorized to possess or to carry the same; and
2. 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.
3. The transport of firearms and/or its spare parts, ammunition and/or its components, 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 on the Ban on Firearms and Security Personnel (CBFSP), be allowed within the period stated in the authority.
4. The transport or delivery of the raw materials used in the manufacturing of firearms and/or its spare parts, ammunition and/or its components, and, explosives and their components, may, with prior written authority from the 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.
5. In case of sale of firearms and/or ammunition, 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.
6. The transport or delivery of firearms and spare parts and ammunition and/or its components 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.
7. No shooting sport/competition/match shall be allowed within the City of Puerto Princesa, Palawan during the Election Period unless:
1. it has been previously scheduled prior to the setting of the Recall Elections;
2. it has been previously allowed and authorized by the PNP prior to the setting of the Recall Elections
3. it has been previously sanctioned by the Philippine Practical Shooting Association (PPSA), the International Practical Shooting Confederation (IPSC) or any of the duly recognized international shooting sanctioning bodies; and
4. the organizers and participants therein secure their respective individual authority to transport firearms and/or ammunition.
8. 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:

1. Election Period refers to the election period prescribed in Comelec Resolution No. 9942, which is from April 20, 2015 up to May 18, 2015.
2. The Territorial Jurisdiction of the City of Puerto Princesa, Palawan shall refer to the geographical area within the political subdivision of and under the jurisdiction of the Local Government Unit of the City of Puerto Princesa, Province of Palawan.
3. 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, including the parts thereof, as defined under pertinent laws.
4. Ammunition refers to the material fired, scattered, dropped, or detonated from any weapon, as bombs or rockets, and especially shot, shrapnel, bullets, or shells fired by guns, including the components thereof referring to the means of igniting or exploding such material, as primers, fuzes, and gunpowder, as defined under pertinent laws.
5. Explosive shall refer to an exploding substance or agent, including the components and raw materials thereof, as defined under pertinent laws.
6. 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.
7. 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 over the Regional Joint Security Control Center-Region IV (RJSCC-Region IV) and the Provincial Joint Security Control Center-Palawan (PJSCC-Palawan).
   
   It shall be headed by Hon. Commissioner Arthur D. Lim as Chairman, with Senior Officers designated by the AFP and the PNP (not lower than Grade 07, Brigadier General or Chief Superintendent, respectively), 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.
8. Regional Joint Security Control Center (RJSCC)-Region IV refers to the organization in the region which shall be responsible for the issuance of Temporary Authority (TA) and Temporary Security Details (TSD) and the implementation of the ban on the bearing, carrying or transporting of firearms and the employment, availment or engagement of security personnel in Region IV. It will exercise oversight functions over the Provincial Joint Security Control Center-Palawan (PJSCC-Palawan).
   
   It shall be headed by the Regional Election Director - COMELEC Region IV as Chairman, and the Regional Director, Police Regional Office IV (PRO IV) of the PNP and the Division or Brigade Commander whoever is present in the area and as may be designated by the AFP, as members.
   
   The RJSCC shall be assisted by a Secretariat composed of one (1) representative each from the Office of the Regional Election Director, the Regional Police Office and the AFP Battalion.
9. Provincial Joint Security Control Center (PJSCC) - Palawan refers to the organization which shall be responsible for the reception and pre-evaluation of applications for transmittal to the RJSCC, relative to 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 of Palawan.
   
   The PJSCC-Palawan shall be headed by the Provincial Election Supervisor - COMELEC Palawan as Chairman, the Provincial Director of the Police Provincial Office - Palawan (PPO-Palawan) of the PNP and the Battalion Commander of the AFP or the highest-ranking officer in the area as may be designated, as members.
   
   The PJSCC shall be assisted by a Secretariat composed of one (1) representative each from the Office of the Provincial Election Supervisor, the Police Provincial Office and the AFP assigned in the Province.

SEC. 3. Suspension of Issuance of Firearms Licenses in the City of Puerto Princesa, Palawan. - 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 for and/or in the City of Puerto Princesa, Palawan, 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 Firearms and Explosives Office, Civil Security Group, 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 and those responsible for the issuance of the license.

SEC. 4. Who May Bear Firearms in the City of Puerto Princesa, Palawan. - Only the following persons are authorized to bear, carry or transport firearms or other deadly weapons during the Election Period in the City of Puerto Princesa, Palawan:

1. Members of the Commission on Elections, the Executive Director, Deputy Executive Directors, 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;
2. The President of the Republic of the Philippines;
3. The Vice-President of the Republic of the Philippines;
4. Senators of the Republic of the Philippines;
5. Members, House of Representatives;
6. Cabinet Secretaries, Undersecretaries and Assistant Secretaries;
7. The Chief Justice and Justices of the Supreme Court, Justices of the Court of Appeals, Sandiganbayan, and Court of Tax Appeals; and Judges of the Regional Trial courts and Municipal/ Metropolitan/Circuit Trial Courts;
8. The Ombudsman and Deputy Ombudsmen of the Philippines;
9. The Chairmen and Commissioners of the Constitutional Commissions;
10. The Chairperson and Commissioners of the Commission on Human Rights;
11. Security Personnel of Foreign Diplomatic Corps, Missions 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.
12. Regular officers, members, and agents of the following agencies of the government who are actually performing law enforcement and/or security functions, 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;
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, and
5. allowed to bear, carry or transport a maximum of two (2) firearms at a time:
1. Uniformed Officers and Members of the Philippine National Police (PNP);
2. Commissioned Officers (COs), Non-Commissioned Officers (NCOs) and Enlisted Personnel (EP) of the Armed Forces of the Philippines (AFP);
3. National Bureau of Investigation (NBI);
4. Bureau of Corrections (BuCor), Provincial and City Jails;
5. Bureau of Jail Management and Penology (BJMP);
6. (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 (BoC);
7. Port Police Department, Philippine Ports Authority (PPA);
8. Philippine Economic Zone Authority (PEZA) police forces;
9. Government Guard Forces regulated by the PNP under RA No. 5487;
10. (a) The Commissioner and Deputy Commissioners, (b) Law and Investigation Division and (c) Intelligence Division; of the Bureau of Immigration (BI);
11. Manila International Airport (MIA) Authority Police Force;
12. Mactan-Cebu International Airport Authority Police Force;
13. Law Enforcement Service of the Land Transportation Office (LTO);
14. Philippine Coast Guard (PCG);
15. Cebu Port Authority Police Force;
16. Internal Security Operations Group (ISOG) of the Witness Protection, Security and Benefits Program of the Department of Justice;
17. Enforcement and Investigation Division, Optical Media Board (OMB);
18. (a) The Governor and Deputy Governors; (b) The Security Investigation and Transport Department (SITD), (c) Cash Department and (d) the Office of Special Investigation (OSI), Branch Operations; of the Bangko Sentral ng Pilipinas (BSP);
19. Offices of the Sergeant-At-Arms (OSAA) of (a) the Senate and (b) the House of Representatives, including the OSAA designated regular security escorts of Senators and Congressmen;
20. Inspection Service of the Philippine Postal Corporation (PhilPost);
21. Inspection, Monitoring and Investigation Service of the National Police Commission (NAPOLCOM);
22. 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 (DENR) under DAO No. 1997-32;
23. Intelligence and Security Unit, Office of the Secretary, Department of Foreign Affairs (DFA);
24. Philippine Drug Enforcement Agency (PDEA);
25. Philippine Center for Transnational Crime (PCTC);
26. National Intelligence Coordinating Agency (NICA);
27. Civilian Armed Forces Geographical Units (CAFGU) Active Auxiliaries and Special Civilian Armed Forces Geographical Units Active Auxiliaries already constituted upon the effectivity of this Resolution while within the barracks;
28. Presidential Security Group (PSG);
29. Internal Security Division of the Bureau of the Treasury (BoT), the Treasurer and Deputy Treasurers of the Philippines;
30. Internal Security of the Office of the Vice-President;
31. Internal Security of the Office of the Secretary of the Interior and Local Government;
32. Internal Security of the Office of the Secretary of National Defense;
33. The Prosecutor General, State, Regional, Provincial and City Prosecutors and Internal Security of the Secretary of Justice.
34. The Solicitor-General;
35. Investigators and Prosecutors of the Office of the Ombudsman;
36. The Chief Public Attorney; and
37. The officers and members of the departments / divisions / offices / units / detachments performing law enforcement and/or security functions of all Member-Agencies of the National Law Enforcement Coordinating Committee.
13. 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;
5. in the actual performance of duty at his specified place or area of duty; and
6. allowed a maximum of two (2) firearms at a time.

SEC. 5. Suspension of Permits to Carry Firearms Outside Residence and Issuance of Mission Orders and Memorandum Receipts in the City of Puerto Princesa, Palawan. - During the Election Period in the City of Puerto Princesa, Palawan, the CBFSP has the sole power to issue authority to bear, carry or transport firearms, ammunition and other deadly weapons, including its spare parts, explosives and its components, outside of residence and place of business.

Hence, any Permit to Carry Firearms Outside Residence (PTCFOR), Mission Order (MO), Letter Order (LO) and Acknowledgement Receipts (ARE), memorandum Receipt (MR) 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 of government law enforcement/security agencies, processed and issued during the Election Period for and/or in the City of Puerto Princesa, Palawan, 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 by the RJSCC-Region IV and the PJSCC-Palawan 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 April 15, 2015.

SEC. 6. Who May Avail of Security Personnel or Bodyguards in the City of Puerto Princesa, Palawan. - Except those constituting the regular security personnel complement of the President, Vice President, Senators, Members of the House of Representatives, 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, the High-Ranking Government Officials enumerated under Section 4, Paragraphs A-K of this Resolution, all existing authority granting security personnel or bodyguards to carry firearms in the City of Puerto Princesa, Palawan are hereby revoked at the start of the Election Period.

Likewise, except for the Candidates in the Recall Elections for Mayor of Puerto Princesa City, Palawan and Barangay Officials in the City of Palawan, and all local elective officials of the Province of Palawan, including its Governor and Vice-Governor, Members, Sangguniang Panlalawigan, as well as all public officials and private indiviuals in Puerto Princesa City, Palawan whose regular security complement have been provided by 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 a maximum of two (2) of the currently detailed officers or members of said law enforcement government agencies only.

In case where the security situation of said persons with regular security complement provided by Officers or Members of the PNP, AFP, NBI or other Government Law Enforcement Agencies warrant the augmentation of additional security personnel, said persons may apply for the authority to employ, avail or engage the services of two (2) additional security personnel or bodyguard from duly licensed and accredited privately-owned or operated security, investigative, protective or intelligence agencies, who have been authorized under this Resolution.

When circumstances warrant, including but not limited to threats to life and security, a candidate for the Recall Elections in Puerto Princesa City, Palawan, or his immediate family within the second degree of consanguinity or affinity, may, upon application and payment of a herein scheduled processing fee/s, be authorized to employ, avail and engage the services of not more than two (2) duly licensed/authorized Protective Agents of Private Detective Agencies or Accredited Private Security Agencies who have been authorized under this Resolution, 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 a maximum of two (2) firearms, one short firearm and one long firearm, or two short firearms with the following specifications:

1. For Uniformed Personnel

KIND	MAKE/MODEL	CALIBER
Pistol	Any	.380 cal, 9mm, 40 cal and 45 cal
Revolver	Any	38 cal and 357 cal
Shotgun	Any	24 and 12 gauge
SMG	Any	9mm and 40 cal
High Powered Rifle Without grenade launcher Without magnification Lens Magazine Fed only	Any	5.56 cal

2. For Protective Agents

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

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

All security / protective details and agents are required to use their prescribed uniform while in the performance of their duties.

The affected officials or individuals may continue to employ, 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 that has already been granted an authority by the CBFSP or the RJSCC-Region IV and has completed the required VIP training course or similar equivalent and/or related trainings as may be certified by the PNP.

SEC. 7. Who are Authorized to Submit the Requirements for the Authority to Bear, Carry or Transport Firearms or File Applications for Authority for the Employment, Availment or Engagement of Security Personnel and Body guard in the City of Puerto Princesa, Palawan. - The following are authorized to submit the requirements for the authority to bear, carry or transport firearms or file applications for authority for the employment, availment or engagement of security personnel and bodyguard in Puerto Princesa City, Palawan, with the CBFSP, RJSCC-Region IV or the PJSCC-Palawan, as the case may be:

1. Only the heads of agencies or his authorized representative enumerated under Sec. 4 hereof shall submit the requirements before the CBFSP.
2. Candidates, who wish to employ, avail of or engage the services of security personnel or bodyguard.

SEC. 8. Requirements for the Authority to Bear, Carry or Transport Firearms or for Applications for Authority for the Employment, Availment or Engagement of Security Personnel and Bodyguard in the City of Puerto Princesa, Palawan. - For the authority to bear, carry or transport firearms during the Election Period in the Recall Elections in the City of Puerto Princesa, Palawan, the following are required:

1. For the Public Officials, Law Enforcement and Government Security Personnel under Section 4, paragraphs B-L:
1. Duly accomplished CBFSP Form No. 2015-01-Recall 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.
6. Processing of Applications is free of charge.
2. For Security, Protective, Investigative, Detective Agencies or Protection Agents of Private Detective Agencies provided under Section 4, paragraph M, submit to the RJSCC-Region IV or PJSCC-Palawan, as the case may be, the following:
1. Duly accomplished CBFSP Form No. 2015-02-Recall 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, including the updated and valid Monthly Disposition Report (MDR), properly indicating the respective personnel's Duty Detail Order (DDO) or Special Duty Detail Order (SDDO) as the case may be;
5. Pay the application fee in the amount of Fifty Pesos (PhP50.00) for each personnel included 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.
3. For those who will apply for authority for the employment, availment or engagement of security personnel and body guard in the City of Puerto Princesa, Palawan during the Election Period of the Recall Elections, the following are required.
1. Duly accomplished application form CBFSP Form No. 2015-03-Recall, 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.
3. Pay a filing fee of One Thousand Five Hundred Pesos (PhP 1,500.00) for each application. Applications to replace security detail as indicated in the original application may be approved upon payment of Five Hundred Pesos (PhP 500.00) filing fee. Additional security shall be assessed an additional processing fee of One Thousand Five Hundred Pesos (PhP 1,500.00) for two (2) additional guards.
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).
4. For Applications to Transport Firearms, Firearm Parts and Raw Materials; Ammunition and its Components; Explosives and Components:
1. Duly Accomplished CBFSP Form No. 2015-04-Recall in three (3) copies, stating therein, among others, 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. Original Permit to Transport issued by the Firearms and Explosives Office (FEO), Civil Security Group (CSG), Philippine National Police (PNP) of any of its Satellite Offices, with Indorsement from the appropriate officer of the FEO;
3. Payment of the following processing fees (corresponding and equivalent to the regulatory fees imposed by the PNP):

   1. Per Firearm	-	PhP 50.00
   2. Per Ammunition or Box of 50 rounds	-	PhP 50.00
   3. Per Firearm Part	-	PhP 50.00
   4. Per Ammunition Component	-	PhP 50.00
   5. Per Firearm Raw Material Bulk	-	PhP1,500.00
   6. Per Transport (Unloading) of Explosives and/or its Components	-	PhP1,500.00

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 in the City of Puerto Princesa, Palawan. - 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 RJSCC-Region IV or the PJSCC-Palawan.

SEC. 10. Guidelines for Security, Protective, Investigative, or Detective Agencies During the Election Period of the Recall Elections in the City of Puerto Princesa, Palawan. - For the orderly implementation of the ban on the bearing, carrying or transporting of firearms during the Election Period of the Recall Elections in the City of Puerto Princesa, Palawan, 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 application to and grant of the RJSCC-Region IV or the PJSCC-Palawan within their respective authorities.

SEC. 11. Procedures. -

1. Applications for Authority to:
   1. Bear, Carry or Transport Firearms for:
      1. Government Public Officials,
      2. Law Enforcement and/or Security Agencies (LEA),
      3. Private Security, Protective, Investigative, or Detective Agencies (SA);
   2. Employ, Avail or Engage the Services of Security Personnel or Bodyguards (SECURITY DETAIL [SD]); and
   3. Transport Firearms and Spare Parts, Ammunition and Explosives and Components (TRANSPORT)
   in the City of Puerto Princesa during the Election Period of the Recall Elections shall be filed with the RJSCC-Region IV or the PJSCC-Palawan, together with the documentary requirements, existing threat assessments and payment of the required fee.
2. Within three (3) days from receipt of the application, the RJSCC-Region IV or PJSCC-Palawan shall refer the matter to the AFP and the PNP, which shall immediately conduct a threat or security assessment.
3. Within five (5) days from the said referral, the AFP and PNP shall submit its assessment with a recommendation on whether to grant or not to grant the request.
4. In case of applications filed at the PJSCC-Palawan, it shall transmit the applications and the security assessment to the RJSCC-Region IV copy furnished the CBFSP within twenty-four (24) hours from receipt of the threat assessment.
5. Based on the assessment and recommendation submitted to it by the PJSCC-Palawan, the RJSCC-Region IV shall grant or deny the request or may request for a reassessment.
6. In case of grant, the RJSCC-Region IV shall issue a thirty (30) day non-extendible Temporary Authority (TA) or Temporary Security Detail (TSD), or Temporary Authority to Transport (TATT) for a limited period as stated in the PNP Permit to Transport/Unload, as the case may be.
7. Within five (5) days from issuance of the TA, TSD or TATT, the RJSCC shall forward the application, its supporting documents including the said TA, TSD, TATT, subject to the confirmation or approval of the CBFSP.
8. Upon request and when the threat assessment warrants the same, the RJSCC-Region IV may authorize the assignment of additional two (2) Protective Agents as close-in security subject to the confirmation or approval of the CBFSP.
9. In exceptionally meritorious circumstances, applicants may request the RJSCC-Region IV for additional security subject to such conditions and restrictions that the CBFSP may impose.
10. The authority, including the TA, TSD and TATT, shall be in writing and in three (3) copies.
11. In case of the TSD, 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.
12. In case of disapproval of the request, the RJSCC-Region IV shall notify the applicant. The notice shall be in writing. The applicant may appeal the disapproval to the CBFSP.
13. 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.
14. 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.
15. If at any time the ground for which the authority to employ, avail or engage the services of security personnel ceases to exist, or for any valid cause, the CBFSP shall revoke the authority granted.
16. All applications, threat assessments, including the TAs, TSDs and TATTs 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-Region IV shall submit to the CBFSP a weekly report on the implementation of this Resolution, which shall include the following:

1. 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;
2. The peace and order situation in the Province of Palawan particularly in Puerto Princesa City, 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
3. Inventory of the Temporary Authorities (TAs), Temporary Security Details (TSDs), Temporary Authorities to Transport (TATTs).

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, who do not display their agency issued identification cards mentioned herein, and bears, carries or transports firearm or other deadly weapon, without the possession of the required Certificate of Authority from the CBFSP shall be presumed unauthorized to carry firearms and subject for arrest.

Violation of this prohibition is punishable 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:

1. 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
2. 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.

SEC. 16. Effectivity and Dissemination. - This Resolution shall take effect immediately 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 the Regional Election Director-COMELEC Region IV, Provincial Election Supervisor-COMELEC Palawan, Election Officer-COMELEC Puerto Princesa City, the PNP, the AFP and all other law enforcement agencies.

SO ORDERED.

SIGNED:

• LIM, CHRISTIAN ROBERT S., Acting Chairman
• PARREÑO, AL A., Commissioner
• GUIA, LUIE TITO F., Commissioner
• LIM, ARTHUR D., Commissioner