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                       Republic of the Philippines
                   COMMISSION ON
                                 Manila


RULES AND REGULATIONS ON:          BRILLANTES, Sixto, Jr., S ,
                                                             .    Chairman
(1) THE BAN ON BEARING,            SARMIENTO, Rene V.             Commissione
                                   TAGLE, Lucenito N.
CARRYING OR TRANSPORTING           VELASCO, Armando C.            Commissioner
OF FIREARMS OR       OTHER         YUSOPH, Elias R.               Comtnission
DEADLY WEAPONS; AND (2)            LIM, Christian Robert S.,      Commission
THE EMPLOYMENT, AVAILMENT          PADACA, Ma. Gracia Cielo, M.   Commissionq
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.




     WHEREAS, Section 261 (q) of the Omnibus Election Code (8. P.
     Blg. 881) provides:

           "Sec. 261. Prohibited Acts.    -   The following shall be
     guilty of an election offense:"

           "(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.         I
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    -
                                                                3
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
                                                                      4   3
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.
       I




  (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
                                                                 4-      4
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)
                                                                     1.4
                                                                      5
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;
                                      I
                                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;
        1 . Law Enforcement Service of the Land Transportation
         1
            Office;
        12. Philippine Coast Guard;
        13. Cebu Port Authority Police Force;
                                                                           h
                                             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;
                              4-
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;

                 (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 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;

                 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 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                    MAKEJMODEL              CALIBER
          Pistol                             Any      .380 cal, 9nin1, 40 cal and 45 cal
          Revolver                           Any             38 cal and 357 cal
          SMG                                Any               9mni and 40 cal
          High Powered Riffle               Any                     5.56 cal
                  Without      grenade
                  launcher
                  Without
                                                                        4
                                                                        "
                  magnification Lens
                  Magazine Fed only
(b) For Protective Agents
               KIND               MAKEIMODEL             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 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;
                                  4                                      12
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 authorityfor the
      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;
            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.    I n case of newt posti'ng 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. 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
                                                                          4-
                                                                          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

      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.
                                           &
                                           L                             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- 16
                                                                        6
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   V




                   Commissioner
                      I
                                                   '                  Commissioner




                                                                                 M. PADACA
                   Commissioner                                       Commissioner

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

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Com res 9561-a (2)

  • 1. . , . , Republic of the Philippines COMMISSION ON Manila RULES AND REGULATIONS ON: BRILLANTES, Sixto, Jr., S , . Chairman (1) THE BAN ON BEARING, SARMIENTO, Rene V. Commissione TAGLE, Lucenito N. CARRYING OR TRANSPORTING VELASCO, Armando C. Commissioner OF FIREARMS OR OTHER YUSOPH, Elias R. Comtnission DEADLY WEAPONS; AND (2) LIM, Christian Robert S., Commission THE EMPLOYMENT, AVAILMENT PADACA, Ma. Gracia Cielo, M. Commissionq 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. WHEREAS, Section 261 (q) of the Omnibus Election Code (8. P. Blg. 881) provides: "Sec. 261. Prohibited Acts. - The following shall be guilty of an election offense:" "(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. I
  • 2. 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 - 3
  • 3. 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 4 3
  • 4. 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. I (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 4- 4
  • 5. 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) 1.4 5
  • 6. 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; I 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; 1 . Law Enforcement Service of the Land Transportation 1 Office; 12. Philippine Coast Guard; 13. Cebu Port Authority Police Force; h u$
  • 7. 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; 4-
  • 8. 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; (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 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
  • 9. 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 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,
  • 10. 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 MAKEJMODEL CALIBER Pistol Any .380 cal, 9nin1, 40 cal and 45 cal Revolver Any 38 cal and 357 cal SMG Any 9mni and 40 cal High Powered Riffle Any 5.56 cal Without grenade launcher Without 4 " magnification Lens Magazine Fed only
  • 11. (b) For Protective Agents KIND MAKEIMODEL 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 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 "
  • 12. 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; 4 12
  • 13. 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 authorityfor the 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
  • 14. 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; 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. I n case of newt posti'ng 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. 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 4- 14
  • 15. 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 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. & L I5
  • 16. 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- 16 6
  • 17. 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
  • 18. 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 V Commissioner I ' Commissioner M. PADACA Commissioner Commissioner cc: Chairman All Commissioners Execulwe Director ~ e p l ~ Executive Director for Operations ty Law Department Education and Information Department