Following the filing of criminal cases against Kingdom of Jesus Christ (KOJC) leader Apollo Quiboloy, the Philippine National Police (PNP) has been the subject of calls for revocation of the licenses of his 19 registered firearms.

But why does the PNP would not do that considering that an arrest warrant was even issued against the religious leader?

There are rules that must be followed, rules that are stipulated in the Republic Act 10591 in connection with the revocation of gun licenses, according to PNP spokesperson Col. Jean Fajardo.

Citing provisions of the law, Fajardo said there are specific grounds for revocation, suspension and cancellation of gun ownership, particularly the License to Own and Possess Firearms (LTOPF) which is the main requirement to buy and own a gun.

They are:

·       Conviction in a crime involving moral turpitude

·       Loss of firearm or ammunition or any parts thereof through negligence 

·       Carrying of firearm, ammunition or major parts outside of residence or workplace without the necessary permit

·       Carrying of firearm, ammunition, or major parts in prohibited places

·       Dismissal for cause from the service in case of government officials and employees

·       Commission of any of the acts penalized by RA 9165

·       Submission of falsified documents or misrepresentation in the application to obtain a license or permit

·       Non-compliance of reportorial requirements 

·       Through court order 

·       Conviction in any crime that carries more than six years of imprisonment  

 “These are the grounds specified under the law where the PNP could suspend, revoke or cancel the LTOPF of a particular individual or group for that matter, including the PTCFOR (Permit to Carry Firearms Outside Residence),” said Fajardo.

“If we look at them, none of those grounds would fall in the case of Pastor Quiboloy,” she added.

The case of Section 4g

Nevertheless, there is a provision under Section 4g of RA 10591 that may be applied in the case of Pastor Quiboloy.

And this provision, according to Fajardo, is now being studied by the Firearms and Explosive Office (FEO) of the PNP.  

The provision is under Article II (Ownership and Possession of Firearm)  and stated that one of the Standards and Requisites for Issuance of and Obtaining a License to Own and Possess Firearms is that: “(g) The applicant has not been convicted or is currently an accused in a pending criminal case before any court of law for a crime that is punishable with a penalty of more than two (2) years.”

The part stating that “an accused in a pending criminal case before any court of law for a crime that is punishable with a penalty of more than two (2) years” is now being deliberated by the FEO board on whether or not it could apply to Quiboloy.

The cases filed against Quiboloy before the Pasig and Davao City courts include charges which carry a penalty of life imprisonment (qualified trafficking), and a crime that is considered as a capital offense (child and sexual abuse).

Can it be used?

The problem with that provision is that it appears to apply to applicants to own firearms. 

“That is a requisite for issuance and obtaining of an LTOPF. This means that a particular individual or juridical entity for that matter, during the application for LTOPF and gun registration must meet this qualification and requirement,” said Fajardo. 

In the case of Quiboloy, he was already a gun owner before the cases were filed against him.

 The focus of the deliberation in the PNP is whether or not such a requirement, under Section 4g, is a “continuing qualification”. 

“This is now being studied by the FEO if this could apply. We are waiting for the resolution of the FEO for the approval of the Chief PNP of the possible revocation, cancellation of the LTOPF of Pastor Quiboloy and other accused in these cases filed before the Davao City RTC and Pasig City,” said Fajardo.