"Just follow the law. Our lives will be easy."
This was the reminder of Commission on Elections (Comelec) Chairman George Erwin Garcia to the public as the gun ban officially takes effect Sunday Jan. 12, 2025, with the commencement of the election period for the May 2025 National and Local Elections. This will last until June 11, 2025.
Under Republic Act No. 7166, 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 or officers of the Philippine National Police, the Armed Forces of the Philippines and other 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:
- in full uniform showing clearly and legibly his name, rank and serial number which shall remain visible at all times; and
- in the actual performance of his election duty in the specific area designated by the Commission.
Also, 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 enforcement 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 of for any other valid cause, the Commission shall revoke the said authority.
Under Comelec resolution 11067, permits to carry firearm outside of residence (PTCFORs), mission orders (MOs) and letter orders (LOs) issued by the Chief, PNP, the Chief of Staff of the AFP, the Commanding General or Flag Officer in Command of the different branches of the AFP and their subunits, or their duly authorized representatives, or any other head or duly authorized official of government law enforcement agency are "declared suspended, ineffective, and without force and effect" during the election period, "unless properly covered by a Certificate of Authority (CA) duly issued by the CBFSC or otherwise provided in these Rules and Regulations."
CBFSC or the Committee on the Ban on Firearms and Security Concerns refers to the Committee in the Commission, which shall be responsible for the implementation of the ban on the bearing, carrying or transporting of firearms and other deadly weapons, and the employment, availment or engagement of security personnel during the election period; identification, declaration, and monitoring of Election Areas of Concern and those to be placed under Comelec control; and assessment and mapping out of security plans and preparations relative to every aspect of electorial activities.
"Kaya po doon sa ating mga kababayan po na bagama’t kayo ay lisensiyadong nagmamay-ari ng baril, bagama’t po kayo ay mayroong permit to carry firearms outside of residence, kung wala po kayong certificate of authority mula po sa Comelec, kayo po ay lumalabag po sa ating mga batas patungkol sa gun ban, Omnibus election code at pati na rin po sa Republic Act 7166 (So, to our fellow citizens, even though you are licensed firearm owners and have a permit to carry firearms outside of residence, if you do not have a certificate of authority from the Comelec, you are violating our laws regarding the gun ban, the Omnibus Election Code, and also Republic Act 7166)," Comelec spokesman Atty. John Rex Laudiangco said during the during the Bagong Pilipinas briefing.
"Kaya ito po ay isang election offense, may pagkakakulong po ng isa hanggang anim na taon, pagkakatanggal ng karapatang bumoto at higit sa lahat may perpetual disqualification to hold public office (This is an election offense, punishable by imprisonment of one to six years, revocation of the right to vote, and, most importantly, permanent disqualification from holding public office)," he added.
Comelec checkpoint
Under the same resolution, it is stated that there shall be at least one Comelec checkpoint in each city/municipality including in its ports.
However, additional checkpoints, including those coming from other AFP/PNP/PCG commands outside the city/municipality, shall be established in coordination with the Election Officer having jurisdiction over the city/municipality.
"Kaakibat ng election period, kaakibat po ng gun ban ay makikita na po ninyo ang implementation, malawakan, nationwide na tinatawag po natin na Comelec checkpoints (Along with the election period and the gun ban, you will see the implementation of widespread, nationwide Comelec checkpoints)," he said.
"Iyan po ang pagtutuunan ng pansin ng Comelec, ng ating deputized law enforcement at security agencies, kung saan po itsi-check po natin ang mga dumadaan, may sasakyan man o wala, ngunit sisiguraduhin po natin na ginagalang po natin ang ating mga karapatan ng ating mga kababayan sa batas o iyong plain view doctrine po ay iiral (That is what the Comelec, along with our deputized law enforcement and security agencies, will focus on. We will conduct checks on passersby, whether they are in vehicles or not, while ensuring that the rights of our citizens under the law are respected, and the plain view doctrine will be upheld)," he added.
Laudiangco stated that law enforcement agencies have the authority to conduct deeper investigations if they have reasonable grounds for suspicion but assured that all of these will adhere to the guidelines of the COMELEC gun ban as well as the protocols for checkpoints.
"Magiging mahigpit po tayo diyan dahil ang layunin po natin, bukod sa pagsasagawa ng maayos na halalan ay seguridad ng ating mga kababayan lalung-lalo na iyong mga kandidato at botante. So, ito po ay asahan ninyo mula January 12 hanggang June 11 (We will be strict with this because our goal, aside from ensuring an orderly election, is the safety of our citizens, especially the candidates and voters. So, you can expect this from January 12 to June 11)," he added.