Resolution No. 9392

WHEREAS, Sections 32 and 33 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 licenses shall be suspended during the election period.

Only regular members of the Philippine National Police, the Armed Forces of the Philippines and other law enforcement agencies of the Government who are duly deputized in writing by the Commission for election duty may be authorized to carry and possess firearms during the election period: Provided, That, when in the possession of firearms, the deputized law enforcement officer must be: (a) in full uniform showing clearly and legibly his name, rank and serial number, which shall remain visible at all times, and (b) in the actual performance of his election duty in the specific area designated by the Commission.

SEC. 33. Security Personnel and Bodyguards. " During the election period, 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, the Armed Forces of the Philippines or 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 be subject to the same requirement as to wearing of uniforms prescribed in the immediately preceding section unless exempted in writing by the Commission.

If 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.

WHEREAS, it is the policy of the Commission to strictly enforce Sections 32 and 33 of Republic Act No. 7166;

WHEREAS, in connection with the May 10, 2010 Automated National and Local elections, and in the October 25, 2010 Barangay and Sangguniang Kabataan Elections, in consonance with the abovementioned policy, the Commission promulgated Resolution 8714, and 9028, respectively, which provided for the rules and regulations implementing Sections 32 and 33 of Republic Act No. 7166;

NOW, THEREFORE, pursuant to the powers vested in it by the Constitution of the Republic of the Philippines, the Omnibus Election Code (B.P. Blg. 881), Republic Acts No. 6646, 7166, 9164 and other elections laws, the Commission RESOLVED, as it hereby RESOLVES, to APPLY Resolution 8714, dated December 16, 2009, Resolution No. 9028, dated September 20, 2010, and other Resolutions issued in connection therewith, in the implementation of Sections 32 and 33 of Republic Act No. 7166 in relation to the conduct of the June 02, 2012 special election for Member, House of Representatives in the Fifth Legislative District of Negros Occidental, pursuant to House Resolution No. 248 dated 12 March 2012, subject to the following amendments/modifications:

Section 1. Election Period and Areas of Coverage. " The election period for the special election for Member, House of Representatives, Fifth Legislative District, Negros Occidental, is from April 18, 2012 to June 17, 2012.

This Resolution shall apply in the Fifth Legislative District, Province of Negros Occidental.

Sec. 2. Firearm. " The term firearm shall refer to the firearm as defined in existing laws, rules and regulations. The term also includes airguns and airsoft guns.

Sec. 3. Status of authority to bear, carry or transport firearms issued pursuant to Resolution No. 8714, dated December 16, 2009, Resolution No. 9028, dated 20 September 2010, and other Resolutions issued in implementation thereof. - All authority to bear, carry or transport firearms issued pursuant to Resolution No. 8714, dated December 16, 2009, Resolution No. 9028, dated September 20, 2010, and the other Resolutions implementing Resolution 8714, are hereby recognized as valid and effective for purposes of the June 02, 2012 special election in the Fifth District of Negros Occidental, provided that the conditions for the grant of the authority are complied with. In case of new personnel or new firearms not covered by previous authority, the procedures for the issuance of authority under Resolution No.8714 shall be followed.

For this purpose, transport of explosives and/or its components parts by (1) those engaged in the manufacture, importation, exportation, purchase and sale of explosives and/or its components; and (2) those engaged/involving the transportation of explosives and/or its components. Those engaged in the transportation of explosives and/or its components may be authorized by the Director General of the Philippines National Police (PNP) through a validly issued permit, and giving prior notice to the Commission by having the original of said permit stamped approved by the Regional Joint Security Control Center (RJSCC) for Region VI and submitting certified true copy thereof.

The explosives and/or its components must be immediately transported to the Firearms and Explosives Division (FED), Civil Security Group (CSG), PNP, or to the intended place of destination, employment and/or utilization, as authorized by the FED, CSG, PNP, as the case may be.

Sec. 4. Who may be assigned security personnel or bodyguards. " When circumstances warrant, including, but not limited to threats to life and security, any candidate for the elective position, 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, to provide security, for the duration of the election period.

All existing authority granting security personnel or bodyguards in the areas where the special election shall be held shall remain to be valid and effective at the start of the election period. All authority issued to officials or individuals who availed of or engaged the services of security personnel or bodyguard pursuant to Resolutions Nos. 8714 and 9028 shall remain valid during the election period for the special elections, provided that the conditions stated therein are complied with.

Sec. 5. Procedure in applying for employment, availment or engagement of security personnel and bodyguard. " Any candidate for the elective position, in the areas where the special election shall be held, who wants to employ, avail of or engage the services of security personnel or bodyguard, shall apply for employment, availment or engagement of security personnel or bodyguard, by duly accomplishing CBFSP Form No. 2 and filing it as provided herein.

The application shall be accompanied by a threat assessment issued by the AFP or PNP or such document to support the existence of threat, if any. A filing fee of PhP1,000.00 shall be charged for each application.
The RJSCC for Region VI shall accept and process the applications.

The RJSCC shall, within three (3) days from receipt of the application, refer the application, together with the corresponding threat assessment and recommendation, to the Committee on the Ban on Firearms and Security Personnel (CBFSP).

Based on the assessment and recommendation submitted to it, the CBFSP shall grant or deny the request or may request for a reassessment.

If the decision is to grant the request, the CBFSP may authorize the Director General of the PNP or the Chief of Staff of the AFP or the Director of the National Bureau of Investigation to assign not more than two (2) of its regular members as security personnel. For this purpose, 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 candidates for elective position.

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 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 Fifth 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.

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 under Resolution Nos. 8714, 9028, and other Resolutions issued in implementation thereof.

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. 6. Guidelines on the authority to avail security details. "

1. Security details are allowed to carry two (2) firearms, one short and one long or two shorts. In no case shall the RJSCCs approve applications where the security details will carry more than two (2) firearms and the caliber is higher than 5.56 cal.;
2. All security details and PDAs are required to use their prescribed uniform while in the performance of their duties;
3. Grantees may be allowed to replace their security details provided it is with the prior approval of the CBFSP or the RJSCC and upon payment of Php500.00 filing fee.

SEC. 7. Guidelines for security, protective, investigative, or intelligence agencies. "For orderly implementation of the ban on firearms, the following guidelines are hereby provided for security, protective, investigative, or intelligence agencies:

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 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 the concerned RJSCC.

SEC. 8. Reporting requirements. - The RJSCC shall submit to the CBFSP a bi-weekly report on the implementation of this Resolution, which shall include the following:

1. Authorities issued in connection with the transport of explosives and/or its components parts by: (1) those engaged in the manufacture, importation, exportation, purchase and sale of explosives and/or its components; and (2) those engaged/involving the transportation of explosives and/or its components.
2. Current status of the enforcement (i.e. number of arrests, names of persons involved, number of confiscated firearms, categorized into licensed or unlicensed) of the ban on firearms and security personnel; and
3. The peace and order situation in various parts of the country, especially in the areas where the special elections shall take place, including insurgency, the existence and size of private armies, the intensity of political rivalries and other circumstances, that may affect the conduct of the special elections.

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

SEC. 9. Prohibition and penalties. - Any violation of this Resolution shall be punished with imprisonment of not less than one (1) year but not more than six (6) years and shall not be subject to probation. In addition, the guilty party shall be sentenced to suffer disqualification to hold public office and deprivation of the right of suffrage. If he is a foreigner, he shall be sentenced to deportation which shall be enforced after the prison term has been served.

SEC. 10. Effectivity, publication and dissemination. - This Resolution shall take effect seven (7) days after its publication in two (2) daily newspapers of general circulation in the Philippines.

The Education and Information Department shall cause the publication of this Resolution and shall furnish copies thereof the Regional Election Director of Region VI, Provincial Election Supervisor of Negros Occidental, the Election Officers concerned, the PNP, the AFP and all other law enforcement agencies.

SO ORDERED.