Gun ban violators still liable

Those who were caught violating the gun ban can still be sued even if it will be lifted before October 23.

Cebu Provincial Election Supervisor Lionel Marco Castillano said that there is no law yet which prohibits the filing of cases against gun ban violators even if the barangay and Sangguniang Kabataan polls will be postponed again.

"I don't think nga naay prohibition kung dunay ipasaka (nga kaso). If naay kaso nga ipasaka, it's for the fiscal to appreciate that," he said.

Castillano said he is not certain if cases pertaining to the gun ban have a retroactive effect.

"Remember the existing law at the time of the commission of the crime as basis. The existing law is that we'll have an election," he said.

Regardless of the circumstances, he said, the Commission of Elections will file a complaint against offenders.

"That's a gray area nga either sa korte na daugon if ma-file na or kung naa pa sa fiscal adto na sa fiscal's office," Castillo said.

To date, five have been caught so far and detained for carrying firearms without an approved exemption from the Comelec when the gun ban took effect.

They were caught in checkpoints Comelec set up by the Philippine National Police and the Armed Forces of the Philippines.

Only those who applied and qualified to be exempted from the gun ban are allowed to carry firearms during the election period. These are individuals who have submitted proof that their lives are in danger or those affiliated with security agencies.

The election period has started last October 1 and will last until the 31st, unless the proposed bill postponing the elections gets signed into law.

On a separate matter, Castillano said that they will still accept Certificates of Candidacy (COC) starting tomorrow.

He said Comelec would still follow its Calendar of Activities until the law postponing the elections becomes effective.