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Commission Manila: Resolution No

The Commission on Elections (COMELEC) promulgated Resolution No. 9561-A which established rules regarding the ban on bearing firearms and the employment of security personnel during election periods. This resolution amends Resolution No. 9561-A to clarify certain provisions. Specifically, it allows the transport of firearms for sale by licensed manufacturers and clarifies who may avail of security personnel or bodyguards, such as incumbent members of the House of Representatives and provincial governors. The resolution was approved unanimously by COMELEC commissioners.

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211 views

Commission Manila: Resolution No

The Commission on Elections (COMELEC) promulgated Resolution No. 9561-A which established rules regarding the ban on bearing firearms and the employment of security personnel during election periods. This resolution amends Resolution No. 9561-A to clarify certain provisions. Specifically, it allows the transport of firearms for sale by licensed manufacturers and clarifies who may avail of security personnel or bodyguards, such as incumbent members of the House of Representatives and provincial governors. The resolution was approved unanimously by COMELEC commissioners.

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bsulaw23
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© © All Rights Reserved
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Republic of the Philippines

COMMISSION O N ELECTIONS
Manila

'

IN
THE
MATTER
OF
AMENDING RESOLUTION NO.
9561-A OTHERWISE KNOWN AS
THE
"RULES
AND
REGULATIONS O N (1)THE BAN
O N BEARING, CARRYING OR
TRANSPORTING O F FIREARMS
OR OTHER DEADLY WEAPONS;
AND (2) THE EMPLOYMENT,
AVAILMENT 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."

BRILLANTES, Sixto, ~r.!S.


Chairman
Commissio
SARMIENTO, Rene V.
TAGLE, Lucenito N.
VELASCO, Armando C.
Commissio
YUSOPH, Elias R.
Commissio
Commissio er
LIM, Christian Robert S.,
PADACA, Maria Gracia Cielo M., Cornmiss&

-%-

PROMULGATED: January
I

on

December

2013

RESOLUTION NO.
WHEREAS,

4,

w
2012,

the

Commission

promulgated Resolution No. 9561-A entitled "Rules And Regulations


on (1) the Ban on Bearing, Carrying or Transporting of Firearms or Other
Deadly Weapons; and (2) the Employment, Availment or Engagement of
the Sewices of Security Personnel O r Bodyguards During the Election
Period for the May 13, 2013 Azrtomated Synchronized National, Local
Elections and ARMM Regional Elections, as Amended";

WHEREAS, there is a need to amend the provisions thereof in


order to properly implement Section 261 (q) of the Omnibus Election
Code (B. P. Blg. 881) and Sections 32 and 33 of R. A. 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, 8189, 8436, 9189, 9369 and other election laws, the
Commission RESOLVED, as it hereby RESOLVES, to clarify Section

5 of Resolution No. 9561-A;


SECTION 1.Section 1 of Resolution No. 9561-A is amended to
read as follows:
"SECTION 1. General Guiding Principles.- During the
4

election period:
(a)xxx
(b)xxx

(c) XXX

(d) xxx
I

In case of sale of firearms, the transport or delivery of


the same shall be done by the duly authorized, lenitimate,
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. Likewise, the transport or delivery of firearms
and spare parts 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.
- and impose the charges and fees
The CBFSP shall adopt

imposed by the PNP on the issuance of permits/authoritv to


transport firearms and/or its spare parts and explosives and/or

I/.6

manufacture thereof."

SEC. 2. Section 3 of Resolution No. .9561-A is amended to read


as follows:
"SEC. 3. Suspension of Issuance of Firearms Licenses.
Except for the renewal of existing firearms licenses and

the

*.

sale of firearms and its spare parts .bv dulv authorized,


legitimate, licensed and accredited manufacturers, importers,
exporters, and distributors, the PNP shall suspend the
issuance, processing,

approval an.d release of

firearms

licenses during the election period, unless (i)both the license


and firearm shall not be releaped tp the owner thereof; and
that said (ii)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 appropriate
administrative and/or criminal charges against the holder of
.

those responsible for the issuance of the license."


SEC. 3. - Section 4 of Resolution No. 9561-A is amended to read

as follows:
.

SEC. 4. W h o May Bear Firearms.

- Only the following

persons are authorized to bear, carry or transport firearms or


other deadly weapons during the election period:
(a)

x x x;

(b)

Regular

officers,

members,

and

agents

of

the

following agencies of the government who are actuallv


- law enforcement and/or securitv functions:
perf ormina

1. xxx;

IN

2. Bureau of Corrections.(BuCor); Department of Justice,

Provincial and Citv Tails;


3. x x x ;
4. x x x;

5. xxx;
6. x x x ;

7. x x x;

8. (a) The Commissioner and Deputv Commissioners; (b)

Law and Investigation Division and


Division, of the Bureau of Immigration;
9. x x x;
1 0 . x x x;
1 l . x x x;
1 2 . x x x;
13.x x x;
14.x x x;

Intelligence

29.x x x;
30.The Secretarv, Undersecretaries, Assistant Secretaries
and the Internal Security of the Office of the Secretary
of the Interior and Local Government;
31. x x x;

32. The Secretary, Undersecretaries, Assistant Secretaries,


Prosecutor-General, Chief State Prosecutor, and State,
Regional, Provincial and' City Prosecutors; of the
Department of Justice;
33. The Solicitor-General;
34. The

Ombudsman,

Deputv

Ombudsman

and

Investigators and Prosecutors of the Office of the


Ombudsman;
35. The

Chairmen

and

Commissioners

of

the

of

the

Constitutional Commissions;
36. The

Chairperson

and

commissioners

Commission on Human Rights;


37. The Chief Public Attornev;

38.The

Vice-President

of

the

Republic

of

the

Philippines;
39.Senators who are not running for re-election; and
40. Cabinet Secretaries.

SEC. 4. Section 6 of Resolution No.. 9561-A is amended to read

as follows:
SEC. 6. W h o may avail of security personnel

bodyguards. -

Except those

security personnel

or

constituting the regular

complement of

the

President, Vice

President, Senators who' are not running for re-election,


Justices,

Judges,

Cabinet

Secretaries,

Chairman

and
PIT

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, all existing
authority granting security personnel or bodyguards to carry
firearms are hereby revoked at the start of the election period.
Incumbent Members of the House of Representatives
and Provincial Governors, whether or not running
- for re*

election or for another elective office, whose regular securitv


complement have been provided bv Officers or Members of
the PNP, AFP, NBI or other Government Law Enforcement
Agencies for at least one (1) year at the time of the
of this Resolution, shall be allowed to retain
promulgation

the services of the officers or members of said government


agencies,
provided, that, said public officials shall be
allowed to retain the services of a maximum of two ( 2 )
currentlv

detailed

officers

or

members

of

said

law

enforcement government agencies.


In case where the .securitv situation of said incumbent
.

Members of the House of ~epresentativesand Provincial


Governors warrant the augmentation of additional securitv
personnel, said public officials may apply for the authority to
the services of additional securitv
emplov, avail or engage

personnel or bodyward from dulv licensed and accredited


privatelv-owned

or

operated

securitv,

investigative,

protective or intelligence agencies in accordance with the


procedures in this ~esolution.
XXX

XXX

XXX

SEC. 5. Elfjfectivity. - This Resolutioi~ shall take effect


immediately after its publication in two (2) daily newspapers of
general circulation in the Philippines.

A-

SEC. 6. Dissemination.

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.

voted i n Favor

LUCENITO N. TAGLE

Commissioner

Commissioner

Vohed in Favor

ARMAND0 C. VELASCO

'

Commissioner

Voted in Favor

CHRISTIAN ROBERT S . LIM

-Co&issioner
cc Oulrrmn
kll Corn-

Execuuve DlrecLor
Deputy Execublw Mrecbor for Operabloru
Educablon m d Itlrormation Dcpubnmt
Law Department
Committee on the BM on El-s
md securlty Personnel (CBFSP)
CBFSP Secretariat

A-

Commissioner

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