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Gun Ban

Comelec Resolution 10728 (Gun Ban), promulgated on November 10, 2021 speaks about the rules and regulations that will be applied in the bearing, carrying or transporting of firearms or other deadly weapons and the employment or engagement of the services of security personnel or body guards during the election period for the May 9, 2022 National and Locals Elections. The election period shall commence on January 9, 2022 and will end on June 8, 2022. During this entire time, the Gun Ban will be enforceable.

During said period the following is prohibited:
1) To carry or transport firearms or deadly weapons outside his/her residence or place of business and in all public places including streets, parks and in private vehicles even if he/she is licensed or authorized to carry the same unless authorized by the Comelec;
2) To employ or engage the services of security personnel or body guards, whether or not they are regular members or officers of the AFP, PNP or other enforcement agencies of the government or from private security service providers, unless authorized by the Comelec; and
3) To transport and deliver firearms and/or its parts, ammunitions and/or its components and explosives and its components unless authorized by the Comelec.

Authority to carry, transport firearms and explosives and its components and engage the services of security personnel, during the election period, can be granted by the Committee on the Ban on Firearms and Security Concerns (CBFSC) of the Comelec main office. When the certificate of authority (CA) is issued, it is valid until June 8, 2022, unless revoked.

CA s may be issued to the following:
1) Law Enforcement Agencies
2) Diplomatic Missions
3) Private Security, Investigative and Protective Agencies
4) Cashiers/Disbursing Officers
5) High Risk Individuals
6) Security Details
7) Those who will transport Firearms, parts, ammunitions, components, explosives, components
8) Sports Shooters

Because we are already under new normal times, Rule XIV of this resolution requires the electronic filing of applications for the issuance of a CA. Filing of applications already started on December 1, 2021 and shall end on May 25, 2022. The applicants must access the Comelec website: www.comelec.gov.ph and strictly follow the instructions stated under Rule XIV Section 46 of Comelec Resolution 10728. The payment of fees shall be made by executing the Order of Payment which will be sent by the CBFSC Secretariat together with the application number. Said order of payment shall be printed and presented during payment which could be made through the following:

1) Comelec Cash Division, Comelec Main Office, Intramuros, Manila
2) Any Land Bank of the Philippines Branch (LBP)

After payment, the applicant must send a digital copy of the original receipt or LBP deposit slip via e-mail. The Comelec shall notify the applicant on the resolution of the application.

Even during these times, the Regional, Provincial, City and Municipal Joint Security Control Centers, which was in charge of assisting the CBFSC in the implementation of the Gun Ban rules and regulations in the previous elections, will retain its function as the monitoring arm of the Comelec in the strict application of the above-mentioned new rules. In this way, the CBFSC will always be updated in the peace and order situation in the municipal, city, provincial and regional areas in the country.

The implementation of a gun ban is a measure to prevent the occurrence of violence and killings related to the use of firearms, ammunitions, explosives and similar means during the elections.

We will be discussing more about this topic on our Election Day Segment on Thursday, December 9, 2021 at 9:00 o’clock in the morning at Regional News Group Luzon’s Morning Balitaktakan.

***Comments/opinions mentioned in this article are made in my personal capacity as a lawyer and not as an employee of the Comelec.

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