SC: Com­elec can is­sue gun ban rules

Tempo - - Entertainment - (Rey G. Panali­gan)

The Supreme Court has af­firmed the power of the Com­mis­sion on Elec­tions to is­sue rules and reg­u­la­tions to im­ple­ment the gun ban dur­ing elec­tion pe­riod.

In a de­ci­sion writ­ten by Jus­tice Al­fredo Ben­jamin Caguioa, the SC up­held the va­lid­ity of the Com­elec reg­u­la­tion that the gun ban cov­ers even mem­bers of the pri­vate se­cu­rity ser­vice providers and pri­vate se­cu­rity agen­cies.

It also ruled that the Com­elec has the au­thor­ity to re­quire a writ­ten per­mit – even from PSSPs and PSAs mem­bers – to bear, carry, and trans­port firearms or dan­ger­ous weapons out­side of one’s res­i­dence or place or work or in any pub­lic place dur­ing elec­tion pe­riod.

With its de­ci­sion, the SC de­nied for lack of merit the pe­ti­tion filed by Philippine As­so­ci­a­tion of De­tec­tive and Pro­tec­tive Agency Op­er­a­tors Re­gion 7 Chap­ter which sought to de­clare as un­con­sti­tu­tional Sec­tion 2(e), Rule 3 of Com­elec Res­o­lu­tion No. 10015 which pro­vided for the rules and reg­u­la­tions on the gun ban dur­ing the 2016 lo­cal and na­tional elec­tions.

PADPAO is an as­so­ci­a­tion of li­censed se­cu­rity agen­cies and com­pany se­cu­rity forces in Re­gion 7 un­der Repub­lic Act No. 54873 or the Pri­vate Se­cu­rity Agency Law.

It as­sailed in its pe­ti­tion Sec­tion 2 (e) of Com­elec Res­o­lu­tion No. 10015 that pro­vides for doc­u­men­tary re­quire­ments for the ap­pli­ca­tion for au­thor­ity to pos­sess and carry firearms and deadly weapons dur­ing the elec­tion pe­riod.

It claimed that the Com­elec has no au­thor­ity to pro­mul­gate rules re­gard­ing the bear­ing, car­ry­ing, or trans­port­ing of firearms by PSAs and that PSAs should not be re­quired to se­cure au­thor­ity since RA 5487 al­ready grants to PSAs and their se­cu­rity, guards, watch­men, de­tec­tives, and se­cu­rity per­son­nel the au­thor­ity to pos­sess, bear, carry, and trans­port firearms, be­ing nec­es­sary equip­ment for the con­duct of its busi­ness and prac­tice of its per­son­nel’s pro­fes­sion.

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