1

PNP PRIMER
on
Frequently Asked Questions (FAQ)
on the Ban on Firearms, on Security Personnel
and the Conduct of COMELEC Checkpoints
 FOREWORD
As part of the preparation for the 2019 National and Local
Elections, the Philippine National Police (PNP) has prepared this
Primer on Frequently Asked Questions (FAQ) on the Ban on Firearms,
on Security Personnel, and the Conduct of COMELEC Checkpoints,
to underscore the relevant and salient policies and procedures to
be strictly observed by the uniformed men and women of PNP in the
performance of their election duties.

This Primer basically answers matters pertaining to the rules and

regulations on Election Ban on Firearms, Election Ban on Employment
of Security Personnel, Conduct of COMELEC Checkpoints, and
Conduct of Preliminary Examination. This, therefore, serves as a
guide to police personnel, especially those in the field, in the proper
conduct of police operations to maintain peace and order, and
public safety nationwide.
 TABLE OF CONTENTS
Election Ban on Firearms ............................................................................ 7

Election Ban on Employment of Security Personnel ............................. 15

Conduct of COMELEC Checkpoint ........................................................ 18

Conduct of Preliminary Examination ...................................................... 23

Annexes ...................................................................................................... 24

Annex A ................................................................................................ 24

Annex B ................................................................................................ 27
 ELECTION BAN ON FIREARMS
(COMELEC Resolution No. 10446)
Q. What is the CBFSP, its meaning and functions?

A. The Committee on the Ban on Firearms and Security Personnel

(CBFSP) is the committee in the Commission on Elections which
shall be responsible for the implementation of the ban on the
bearing, carrying or transporting of firearms and the employment,
availment or engagement of security personnel. (Rule 1, Section
1 (k) of Resolution 10446)

Q. What is an Election Ban on Firearms and Other Deadly

Weapons?

A. It is a rule which prohibits the bearing, carrying, or transporting of

firearms or deadly weapons during the election period. (Rule 2
Section 1of Resolution 10446)

Q. What Rules govern the above prohibition?

A. COMELEC Resolution No.10446

Q. May a person with a duly licensed firearm be permitted to carry

the same outside his residence during the Election Period?

A. NO. Except when authorized in writing by the Commission. (Section

261 (q) of the Omnibus Election Code (BP 881 as amended));
and those authorized persons enumerated under Rule 3 Section 1
of COMELEC Resolution No. 10446.

Q. Are there any condition when law enforcement agencies like

PNP are issued with the authority to bear firearms?

A. YES. For regular members of the law enforcement agencies

enumerated in Rule 3 Sec. 6 (j) of COMELEC Resolution No.
10446, the conditions to concur with the following:
1. Members must be in the regular plantilla of the agency
receiving regular compensation for the services rendered in
the agency;
2.  Members must be in the agency-prescribed uniform showing
clearly and legibly his name, rank and serial number or, in
SAFE 2019 7
 case rank and serial number are not applicable, displaying
prominently the agency-issued identification card showing
clearly his name and position, which shall remain visible at
all times;
3. The member must be duly authorized to possess firearm and
to carry the same outside of residence by virtue of a valid
permit to carry or a valid mission order or letter order;
4. Must be in the actual performance of official law enforcement
and/or security duty, or are going to or returning from his
dwelling/barracks or official station;
5.  Bearing, carrying or transporting a maximum of two (2)
firearms.

Q. Do the above conditions on the Authority to Bear Firearms apply

to members of Private Security Service Providers (PSSPs)?

A. NO. For members of duly authorized Private Security Service

Providers, the following conditions must concur when they are in
the possession of firearms:

1. They must be in the agency-prescribed uniform with the

agency-issued identification card prominently displayed and
visible at all times, showing clearly the name and position;
2. They should be in possession of a valid License to Exercise
Security Profession (LESP) with Duty Detail Order (DDO), and
valid firearms license of the agency/company where they
are employed;
3. They must be deployed by PSA/PDS/CGF duly licensed by
PNP;
4. They must be in the actual performance of official duty at his
specified place or area of duty; and
5. Carrying one (1) small firearm, unless specifically allowed
otherwise under existing laws, rules and regulations. (Rule 3
Sec 6 (K) of COMELEC Resolution No. 10446)

Q. What would be the liability of the person if he/she fails to observe

any of the above requirements?

A. When caught violating the above rules, any person found guilty of
any election offense described in this Resolution shall be punished
with imprisonment of not less than one year, but not more than six
years, and shall not be subject to probation. In addition, the guilty
8 SAFE 2019
 party shall be sentenced to suffer disqualification to hold public
office and deprivation of the right of suffrage. If he is a foreigner,
he shall be sentenced to deportation which shall be enforced after
the prison term has been served. The violation shall also constitute
an election offense defined under Section 261 (q) of the Omnibus
Election Code and Sections 32 or 33 of R.A. No. 7166.

Likewise, the Chief of the Philippine National Police or his authorized

representative may revoke, cancel or suspend the License to Own
and Possess Firearm (LTOPF), Certificate of Firearms Registration
(CFR) and/or Permit to Carry Firearm Outside Residence (PTCFOR),
if any, of any person found to be in violation of the prohibitions
in Sec. 2, Rule II. (Rule 10 Sec. 45 of COMELEC Resolution No.
10446)

Q. Can there be a simultaneous prosecution for violation of the gun

ban and illegal possession of firearms during election period?

A. YES, if the crime committed by the person without using the

loose Firearm, the violation of this act shall be considered as a
distinct and separate offense. (Section 29, 3rd para. R.A. 10591,
Comprehensive Firearm and Ammunition Regulation Act)

Q. Can the Chief, PNP cancel the firearm’s license and its PTCFOR?

A. YES.

Q. In addition to the foregoing, may a proper criminal and/or

administrative charge be filed against the perpetrator?

A. YES.

Q. May the transport or delivery of firearms and/or its spare parts,

and explosives, and/or components, be allowed during the
Election Period?

A. YES, but only by entities engaged in, and duly licensed by the
appropriate government agency to transport, manufacture,
import, export, purchase, deal in or sell firearms, ammunitions,
explosives and/or their respective parts or components, and other
qualified individuals who may be issued a CA-TT and allowed to
transport or deliver firearms and/or its parts, ammunition and/or its
SAFE 2019 9
 components or explosives and/or its components during election
period. As regards to Firearms, only its Major Parts as defined under
Rule 1, Section 1 (u) hereof shall be covered under this Rule. (Rule
5, Section 19 of COMELEC Resolution No. 10446)

Q. What acts are suspended, ineffective and without force and

effect during the election period?

A. Any Permit to Carry Firearms Outside Residence (PTCFOR), Letter

Order (LO) or Mission Order (MO) issued by the Chief, PNP, the
Chief of Staff of AFP, the Commanding General or Flag Officer
in Command of the Different Branches of AFP and their sub-units,
or their duly authorized representatives, or any other head of
government law enforcement agency are considered suspended,
ineffective and without force and effect during the election period,
unless properly covered by a Certificate of Authority duly issued by
the CBFSP. (Rule II Section 3 of COMELEC Resolution No. 10446)

Furthermore, PNP shall make available to the CBFSP Secretariat

members information related to PTCFORs, firearms registration and
other gun ban-related licenses and permits issued by PNP. (Rule II
Section 4 of COMELEC Resolution No. 10446)

Q. What would be the effect on the firearm licenses if the same

were issued during election period?

A. Firearm licenses issued by PNP during the election period are null
and void and are deemed spurious and invalid.

Q. Who can revoke, cancel or suspend firearms licenses, permits

and registration?

A. The Chief of the Philippine National Police or his authorized

representative may revoke, cancel or suspend the License to Own
and Possess Firearm (LTOPF), Certificate of Firearms Registration
(CFR) and/or Permit to Carry Firearm Outside Residence (PTCFOR),
if any, of any person found to be in violation of the prohibitions in
Sec. 2, Rule II. (Rule 10, Sec. 44 of COMELEC Resolution 10446)

Q.  Who has the power to issue authority to bear, carry or transport

firearms, including their spare parts, and explosives and its
components, during election period?
10 SAFE 2019
A. CBFSP has the sole and exclusive authority to authorize the:

1. Bearing, carrying or transporting of Firearms or other Deadly

Weapons; or
2. They must be in the agency-prescribed uniform with the
agency-issued identification card prominently displayed and
visible at all times, showing clearly the name and position;
employment, availment or engagement of the services of
security personnel or bodyguards; or
3. Transport or delivery of firearms and/or its parts, ammunition
and/or its components, and, explosives and/or its
components. (Rule II Section 5 of COMELEC Resolution
10446)

Q.  What would be the status of PTCFOR, Mission Order (MO), Letter

Order (LO), or Acknowledgment Receipt (ARE) processed and
issued by the Chief, PNP or his duly authorized representative,
or by the Heads of other Government Law Enforcement/Security
Agencies?

A. Unless properly covered by Certificates of Authority duly issued by

CBFSP, all PTCFORs, MOs, LOs or AREs processed and issued during
election period are SUSPENDED, INEFFECTIVE AND WITHOUT ANY
FORCE AND EFFECT.

Q. Can the regular officers and members of BJMP in provinces and

cities, including officers and members of Provincial and City
Jails, bear, or carry firearms during the Election Period?

A. YES. They are allowed under Rule III Section 6 (J)(5) of COMELEC
Resolution 10446.

Q. Can the Commissioner and Deputy Commissioners of the

Bureau of Immigration bear, carry or transport firearms during
the Election Period?

A. YES. They are allowed under Rule III Section 6 (J)(10) of COMELEC
Resolution 10446.

Q.
Can the Secretary, Undersecretaries, Assistant Secretaries
and the Internal Security of the Office of the Secretary of the
Department of the Interior and Local Government (DILG) bear
SAFE 2019 11
 or carry firearms during the Election Period?
A. YES. They are allowed under Rule III Section 6 (J)(32) of COMELEC
Resolution 10446.

Q. Can the State, Regional, Provincial and City Prosecutors bear or

carry firearms during the Election Period?

A. YES. They are allowed under Rule III Section 6 (J)(34) of COMELEC
Resolution 10446.

Q. Can the Ombudsman, Deputy Ombudsman and Investigators

and Prosecutors of the Office of the Ombudsman bear or carry
firearms during the Election Period?

A. YES. They are allowed under Section 6 (F), (J)(36) of COMELEC

Resolution 10446.

Q. Can the Chairmen and Commissioners of the Constitutional

Commissions, namely: the Commission on Elections (COMELEC),
the Commission on Audit (COA) and the Civil Service Commission
(CSC), be allowed to bear or carry firearms during the Election
Period?

YES. Chairmen and Commissioners of the Constitutional

A.
Commissions are allowed to bear or carry firearms. (Rule III Section
6 (G) of Resolution No. 10446)

Q. Can the Chairperson and Commissioners of the Commission on

Human Rights bear or carry firearms during the Election Period?

A. YES. They are allowed under Rule III Section 6 (H) of COMELEC
Resolution 10446.

Q. Can the Public Attorneys or PAO Lawyers bear or carry firearms

during the Election Period?

A. NO. Only the Chief Public Attorney of the Public Attorney’s Office
is allowed by the rules (for this office) to bear or carry firearm
during the election period. (Rule III Section 6 (J)(37) of COMELEC
Resolution No. 10446)

Q. Is the Vice-President of the Republic of the Philippines allowed

12 SAFE 2019
 to bear or carry firearm during the Election Period?
A. YES. He is allowed under Section Rule III Section 6 (B) of COMELEC
Resolution No. 10446.

Q. Can incumbent Senators who are running for re-election in the

May 13, 2019 National and Local Elections be allowed to bear
or carry firearms?

A. NO. In Resolution 10446 promulgated on November 21 2018,

COMELEC is silent on the matter of whether senators running for re-
election during the may 13, 2019 National and Local Elections are
allowed to bear, carry and transport firearms. Hence, what the law
does not include is excluded. However , they may employ, avail or
engage the services of security personnel or bodyguards, during
the Election period, from duly licensed private security services
provider under Rule III Section 14 (b).

Q. Can SILG be allowed to bear or carry firearm during election

period?

A. YES. The Secretary of the Department of the Interior and Local

Government is allowed to bear or carry firearm during election
period. (Rule III Section 6 (J) (32) of COMELEC Resolution No.
10446)

Q. Can Members of Private Security Service Providers be allowed to

bear or carry firearms during the election period?

A. YES, provided that they have been duly authorized by CBFSP;.

Provided further, that when in the possession of said firearm, they
meet the requirements set-forth under Rule III Section 6 (k). (Rule III
Section 6(k) of COMELEC Resolution No. 10446)

Q. Can the Justices of the Supreme Court, Court of Appeals,

Sandiganbayan, Court of Tax Appeal, and Judges of lower
courts be allowed to bear or carry firearms during the Election
Period?

A. YES. They are allowed to bear or carry firearms during the election
period. (Rule III Section 6 (E) of COMELEC Resolution No. 10446)

Q. Can the Security Personnel of Ambassadors and Diplomats be

SAFE 2019 13
 allowed to bear or carry firearms during the Election Period?

A. YES. They are allowed to bear or carry firearms during the election
period. (Rule III Section 6 (I) of COMELEC Resolution No. 10446)

Q. Can the Provincial Governors, Vice-Governors and Provincial

Board Members be allowed to bear or carry firearms during the
Election Period?

A. NO. They are not allowed to bear or carry firearms during the
election period as they are excluded from Rule 3 Sec. 6 of
COMELEC Resolution No. 10446. However, they may secure from
CBFSP the authority to employ, avail or engage the services of
security personnel or bodyguards during election period from duly
licensed security service providers under Rule III Section 14 (a).

Q.
Can the City/Municipal Mayors and City/Municipal Board
Members be allowed to bear or carry firearms during the Election
Period?

A. NO. They are not allowed to bear or carry firearms during the
election period as they are excluded from Rule 3 Sec. 6 of
COMELEC Resolution No. 10446. However, they may secure from
CBFSP the authority to employ, avail or engage the services of
security personnel or bodyguards during the election period from
duly licensed security service providers under Rule III Section 14 (a).

Q. Can the Barangay Chairmen, Barangay Councilors and its

Barangay Tanods be allowed to bear or carry firearms during
the Election Period?

A. NO. They are not allowed to bear or carry firearms during the
election period as they are excluded from Rule 3 Sec. 6 of
COMELEC Resolution No. 10446.

Q. In the case of ordinary citizens, including businessmen, may

they be allowed to bear or carry firearms during the Election
Period?

A. NO. Private citizens are not allowed to bear or carry firearms except
when they are expressly authorized by CBFSP through a Certificate
of Authority.
14 SAFE 2019
 ELECTION BAN ON EMPLOYMENT
OF SECURITY PERSONNEL
(COMELEC Resolution No. 10446)

Q. What are the rules governing the employment, availment or

engagement of Security Personnel or Bodyguards during the
Election Period?

A. Refer to the provisions of COMELEC Resolution No. 10446, Rule IV.

Q. Who may avail the engagement or employment of security

personnel?

A. Incumbent public officials, whether elected or appointed,

candidates or his/her immediate family members within the
second degree of consanguinity or affinity, and private individuals
when circumstances warrant, including but not limited to threats
to their lives and security. (Rule IV Section 14 of Comelec
Resolution No. 10446)

Q. Can a Senator who is running for Mayor retain the services of

his current security complement from PNP?

A. Yes, provided that the security complement has been provided

by the Government Law Enforcement Agencies for at least one
(1) year at the time of the promulgation of the resolution and
subject to the requirements for the application of CA-SD (Rule IV
Sections 12 and 13 of Comelec Resolution No. 10446)

Q. Is there a limit to the number of security personnel from PNP/

AFP/NBI that the qualified candidate may avail?

A. YES. A qualified candidate may avail the services of a total of two

(2) security personnel. (Not 2 from PNP, 2 from AFP, etc.) (Sec 12
and 14 of Comelec Resolution No. 10446)

Q. Is there an instance when additional security personnel may

be allowed as augmentation to the security complement from
PNP/AFP/NBI?

A. YES. When circumstances warrant, the candidate may be

SAFE 2019 15
 assigned with two (2) additional security personnel, only from a
private security agency or such additional number of security
personnel or bodyguards as CBFSP may deem appropriate
subject to the requirements for the CA-SD application. (Rule IV
Section 13 of Comelec Resolution No. 10446)

Q. Are Vice Governors, Provincial Board Members, Councilors and

Barangay Officials allowed to avail security complement from
the regular members of PNP, AFP, NBI and other LEAs?

A. NO. They cannot avail security complement from regular members

of PNP, AFP, NBI and other LEAs by the express provisions of the law.
However, they are not prohibited from employing and engaging
not more than two (2) security personnel from duly licensed and
accredited private security agencies within the duration of the
election period, with the approval of CBFSP. (Rule IV Sections 13
and 14 of Comelec Resolution No. 10446)

Q. Mr. A is the President of a Corporation who wants to avail the

services of members of PDA/PSA as his security. Is this allowed?

A. YES.

Q. Does the authority to deploy given to a Private Security Agency

include the authority to bear firearms during the Election
Period?

A. NO. The Private Security Agency needs to secure a separate

authority to bear, carry and/or transport firearms to allow its
deployed security personnel to bear firearms.

Q. How many firearms are security details allowed to carry?

A. Security details are allowed to carry one (1) small firearm, unless
specifically allowed otherwise under existing laws, rules and
regulations. (Rule IV Section 18 (d) of Comelec Resolution No.
10446)

Q. A Private Security Agency is applying for Gun Ban Exemption

from COMELEC covering .45 caliber firearms and high-powered
firearms for its security personnel who will be deployed during
the election. Should its application be approved?’
16 SAFE 2019
A. NO. Because Protective Agents are only allowed to bear one (1)
small firearm, unless specifically allowed otherwise under existing
laws, rules and regulations. (Rule IV Section 18 (d) of Comelec
Resolution No. 10446)

Q. Who may submit the applications/requirements for the authority

to employ, avail or engage services of security personnel?

A. The applicant, personally, or his duly authorized representative

may submit the duly accomplished application form and the
other requirements for a CA-SD. (Rule IV Section 16 of Comelec
Resolution No. 10446

Q. Where can an individual file the applications for employment,

availment or engagement of security personnel and
bodyguards?

A.  Applications/requirements for employment, availment or

engagement of the services of security personnel (CA-SD) may
be filed before CBFSP or PJSCC having jurisdiction over the area
where the applicant resides or works. (Rule IV Section 17 of
Comelec Resolution 10446)

SAFE 2019 17
 CONDUCT OF COMELEC CHECKPOINTS
(COMELEC Resolution No. 40408)

Q. Where should COMELEC establish its checkpoints?

A. At least one (1) COMELEC checkpoint should be established in

each city/municipality. (Rule 1 Section 1 Resolution No. 10468)

Q. May additional COMELEC Checkpoints be established?

A. YES. Additional checkpoints, including those coming from

other PNP/AFP commands outside the city/municipality, shall
be established in coordination with the Election Officer (EO)
having jurisdiction over the city/municipality. (Rule 1, Section 1,
Resolution No. 10468)

Q. What specific areas should COMELEC establish its checkpoints?

A. The Election Officer (EO) shall post the locations of COMELEC

checkpoints at the Office of the Election Officer, and the respective
offices of PNP and AFP. Whenever possible, notices thereof will
also be disseminated to the non-government organizations, civil
society groups and members of the media in the locality. (Rule
1, Section 2 of Resolution 10468)

Furthermore, the checkpoint must be located in a place that

is well-lighted, properly identified, and manned with uniformed
personnel. (Rule 1, Section 6 (a) of Resolution No. 10468)

Q. What is the standard size of the sign board to be posted in

every COMELEC Checkpoint?

A. The size of the sign board for every COMELEC Checkpoint shall
be three by four feet (3’x4’) which shall clearly identify the place
as a COMELEC Checkpoint from reasonable distance as shown
below:(Rule 1, Section 6 (b), Res NO. 10468)

Q. When can a Spot Checkpoint be established?

A.
Where circumstances warrant, spot checkpoisnt may be
established in locations other than those mentioned under
18 SAFE 2019
 Section 2 of this rule. (Rule I, Section 3, Resolution No. 10468)

Q. What must the CoordInating Officer/Team Leader do before

establishing a COMELEC Checkpoint?

A. Before establishing a spot checkpoint, the coordinating officer/

team leader shall give prior notice and coordinate with the Election
Officer having jurisdiction over the area. The establishment of
spot checkpoints shall follow the same guidelines for COMELEC
checkpoint under Section 6 of Rule I Resolution No 10468 (Rule I,
Section 3, Resolution No 10468)

Further. briefing must be given by the comanding officer/ team

leader to all members of the unit who will be designated to man
the checkpoint, with emphasis on the proper manner of searching
with reasonableness. (Rule I, section 5, resolution no. 10468)

Q. Who are the personnel to be manning the checkpoint?

A. Any unit designated to man a COMELEC checkpoint must be

led by a regular member of the Armed Forces of the Philippines or
the Philippine National Police with a rank of at least Lieutenant/
Inspector. In cases where there is no available AFP/PNP member
of said rank , the highest ranking officer shall make a special
designation of a lower ranking officer to act as a commanding
officer/team leader of the COMELEC checkpoints.

SAFE 2019 19
 Adequate members of AFP and PNP personnel shall man the
checkpoint and must be in complete service uniform with the
name plates and other identification tags clearly visible and
readable, and shall not be under the influence of liquor/drugs. Any
violation hereof shall make the offender and his commanding
officer/team leader jointly liable for administrative action, without
prejudice to the prosecution of any criminal offense.

Q. May the Barangay Tanods be deployed to man COMELEC

Checkpoints?

A. NO. Only the uniformed personnel from the regular members of

PNP or AFP are allowed to deploy and man COMELEC Checkpoints
(Rule 1, Section 4 of Resolution No. 10468)

Q. Who will conduct search in COMELEC Checkpoints?

A. Any search at any checkpoint must be made only by members

of the unit designated to man the same. It should be done in
a manner which will impose minimum inconvenience upon the
persons so searched, to the end that civil, political and human
rights of the person/s are not violated. (Rule 1, Section 7 of
Resolution No. 10468)

Q. Do police officers manning COMELEC Checkpoints need to

secure first an authorized search warrant before searching and
seizing prohibited weapons or materials found in a vehicle?

A. NO. This does not apply in the following circumstances: (Rule 1

Section 7(a) and (b) of Resolution No. 10468)

a) When the occupant/s of the vehicle appear/s to be suspicious

or exhibit/s unnatural reaction, such that any uniformed
member of the unit designated to man the checkpoint
observes unusual conduct which convince the member to
believe that a criminal activity exist; or
b) On the basis of prior confidential information which are
reasonably corroborated by other attendant matters.

Q. What are the rights of the person arrested during a checkpoint

operation?

20 SAFE 2019
A.  Any person arrested at a COMELEC checkpoint must be
treated humanely and with utmost respect for his constitutional
rights. He must be informed of the following rights;
a) To remain silent, and be informed that any statement made
may be used against said person in court. This right cannot be
waived except in writing and in the presence of competent
and independent counsel;
b) To have competent and independent counsel preferably of
the person’s choice, but if the latter cannot afford the services
of a counsel, said person must be provided with one. The right
cannot be waived except in writing and in the presence of
competent and independent counsel;
c) To be released from detention if no charges have been filed
against the person within the allowable period/s from arrest
under the law, unless said person is charged under P.D.
1866, as arrested. Republic Act (R.A.) 10591 (Comprehensive
Firearms and Ammunition Regulation Act) and other rules and
regulations implemented by COMELEC. In no case shall the
period of detention exceeds thirty-six (36) hours from arrest if
no charge has been filed before the respective Prosecutor’s
Office against the person arrested.
d) When women or children are among the suspects or arrestees,
the arresting officer shall task the Women’s and Children’s
Protection Desk (WCPD) officer or a policewoman who is familiar
with women and children protection desk duties, to conduct
the pat-down search, whenever necessary, in accordance
with Rule 13.6 (e) of the PNP Handbook.
e) A separate Police Blotter shall be maintained for crime incident
report involving women and children, and those cases
involving a child in conflict with the law (‘CICL’) to protect their
privacy pursuant to R.A. 9262 ( Anti-Violence Against Women
and Children Act of 2004) and R.A. 9344 (Juvenile Justice and
Welfare Act of 2006) repectively, following Rule 17.2 of the PNP
Handbook.
f) AFP/PNP manning the checkpoint shall at all time ensure
respect for the rights of any CICL as provided in the Philippine
Constitution, domestic laws, the Convention on the Rights of the
Child and other related international human rights instruments.
The procedures in handling of CICL under Rule 33.5 and 33.6
of the PNP Handbook shall be strictly followed.
g) In cases involving persons with disability, the prohibitors on
verbal, non-verbal ridicule and verification under R.A. 9442 (An
SAFE 2019 21
 Act Amending R.A. No. 7277, otherwise known as the “Magna
Carta for Disabled Persons, and for other Purposes”), and its
Implementing Rules and Regulations, and other relevant
domestic and international laws shall be strictly observed.
h) In cases involving violations committed by the elderly, due
respect, courtesy and consideration shall be accorded to their
persons in regard of their age and physical state. The same
respect, courtesy and consideration shall be accorded to
pregnant women.

Q. What should an arresting officer do after an arrest has

been made at the checkpoint?

A. Any arrest made at a COMELEC checkpoint shall be
immediately and chronologically recorded in a logbook for
the purpose, stating the circumstances of the arrest, and other
particulars about the persons and the confiscated weapons,
ammunitions and materials. (Section 11, Rule I COMELEC
Resolution No. 10468)

22 SAFE 2019
 CONDUCT OF PRELIMINARY EXAMINATION
(COMELEC Resolution No. 10468)

Q. Are there any authorized agency or individual to conduct

an examination where there are no available prosecutors in
cities and municipalities to conduct Preliminary Investigation
of alleged violations of ban on bearing or carrying of firearms
and other deadly weapons?

A. YES. The Chief of Police or his duly authorized PNP representative

is authorized to conduct Preliminary Examination (PE) of all
apprehensions relative to said violations. (Rule II, Section 15
Comelec Resolution 10468)

Q. What procedures must the Chief of Police or his duly authorized

representative observe in conducting Preliminary Examination?

A. The Chief of Police or his duly authorized investigator shall: (Rule II,
Section 16 of Resolution 10029):

1. Take the affidavit of the arresting officer indicating therein the

fact of arrest and circumstances surrounding the same
2. Take the statement of the respondent/s;
3. Confiscate the firearms and issue the proper receipt therefor;
4. Cause the respondent/s to sign an affidavit, binding said
respondent to be present at the preliminary investigation
at a later date before the prosecutor. Failure to do so shall
constitute a waiver to present evidence for his defense; and
5. Take the statement of witness/witnesses, if any.

Q.
What should the Chief of Police or his duly authorized
representative do after taking the Preliminary Examination?

A. The Chief of Police shall submit the investigation report with all
documents and evidences gathered during the said preliminary
examination within three (3) days from arrest to the corresponding
provincial/city prosecutor, furnishing the Law Department of the
Commission with copies thereof. (Rule II, Section 18 of Resolution
No. 10468).

SAFE 2019 23
 ANNEXES
ANNEX A: (Persons Authorized to Bear, Carry or Transport
Firearms)

Only the following persons may be authorized to bear, carry or

transport firearms or other deadly weapons during the Election
Period:

1. The President of the Republic of the Philippines;

2. The Vice-President of the Republic of the Philippines;
3. Senators and Members of the House of the Representatives;
4. Cabinet Secretaries;
5. The Chief Justice and Justices of the Supreme Court, Justices
of the Court of Appeals, Sandiganbayan, the Court of Tax
Appeals, and the Judges of the Regional Trial Courts and
Municipal/ Metropolitan/ Circuit Trial Courts;
6. The Ombudsman and Deputy Ombudsmen;
7. The Chairmen and Commissioners of the Civil Service
Commission (CSC) and the Commission on Audit (COA);
8. The Chairperson and Commissioners of the Commission on
Human Riights;
9. Security Personnel of Foreign Diplomatic Corps, Missions and
Establishments under International Law, including Foreign
Military Personnel in the Philippines covered by existing treaties
and international agreements endorsed by the Secretary of
the Department of Foreign Affairs and the Head of Missions
of Foreign countries in the Philippines;
10. Regular officers, members, and agents of the following
agencies of the government who are actually performing
law enforcement and/ or security functions;
a.   Officers and Members of the Philippine National Police
(PNP);
b.  
Commissioned Officers (COs), Non-Commissioned
Officers (NCOs), and Enlisted Personnel (EP) of the Armed
Forces of the Philippines (AFP);
c. National Bureau of Investigation (NBI);
d. Provincials and City Jails, Bureau of Corrections (BuCor),
Department of Justice;
e. Bureau of Jail Management and Penology (BJMP);
f. (a) Intelligence Division and (b) Investigation Division of
24 SAFE 2019
 the Intelligence and Investigation Service; and the (c)
Customs Police Division of the Enforcement and Security
Service of the Bureau of Customs (BoC);
g. Port Police Department, Philippine Ports Authority (PPA);
h. Philippine Economic Zone Authority (PEZA) Police Forces;
i. Government Guard Units (GGUs) regulated by PNP under
R.A. No. 5487
j. (a) The Commissioner and Deputy Commissioners, (b)
members of the Law and Investigation Division and
(c) members of the Intelligence Division, Bureau of
Immigration (BI);
k. Manila International Airport (MIA) Authority Police Force;
l. Mactan-Cebu International Airport Authority Police Force;
m.Law Enforcement Service of the Land Transportation
Office (LTO);
n. Philippine Coast Guard (PCG); and
o. Cebu Port Authority Police Force.
11. Law Enforcement Service of the Land Transportation Office;
12. Philippine Coast Guard;
13. Cebu Port Authority Police Force;
14. Internal Security Operations Group (ISOG) of the Witness
Protection, Security and Benefits Program of the Department
of Justice;
15. Enforcement and Investigation Division, Optical Media
Board;
16. (a) Security Investigation and Transport Department (SITD), (b)
Cash Department and (c) the Office of Special Investigation
(OSI), Operations Branch of the Bangko Sentral ng Pilipinas;
17. Offices of the Sergeant-At-Arms (OSAA) of (a) the Senate
and (b) the House of Representatives, including the OSAA-
designated security escorts of Senators and Congressmen;
18. Inspection Service of the Philippine Postal Corporation;
19. Members of the Commission on Elections, Directors and
Lawyers in the Main Office of the Commission, Regional
Election Directors, Assistant Regional Election Directors,
Chiefs-of-Staff of the Offices of the Chairman and
Commissioners, Provincial Election Supervisors, Regional
Attorneys and Election Officers, and Organic Security Officers
of the Commission on Elections;
20. Inspection, Monitoring and Investigation Service of the
National Police Commission;
SAFE 2019 25
 21. Special Action and Investigation Division, Forest Officers
defined under PD No. 705, Forest/Park Rangers, Wildlife
Officers, and Forest Protection and Law Enforcement Officers
of the Department of Environment and Natural Resources
under DAO No. 1997-32;
22. Intelligence and Security Unit, Office of the Secretary,
Department of Foreign Affairs;
23. Philippine Drug Enforcement Agency;
24. Philippine Center for Transnational Crime;
25. National Intelligence Coordinating Agency;
26. Civilian Armed Forces Geographical Units Active Auxiliaries
and Special Civilian Armed Forces Geographical Units Active
Auxiliaries already constituted upon the effectivity of this
Resolution while within the barracks;
27. Presidential Security Group;
28. Internal Security Division of the Bureau of the Treasury, the
Treasurer and Deputy Treasurers of the Philippines;
29. Internal Security of the Office of the Vice-President;
30. Internal Security of the Office of the Secretary of the Interior
and Local Government;
31. Internal Security of the Office of the Secretary of the
Department of National Defense;
32. State, Regional, Provincial and City Prosecutors of the
Department of Justice.
33. internal Security o the Office of the Secretary of National
Defense
34. The Secretary, Undersecretaries, Assistant Secretaries, The
Prosecutor General, Chief State Prosecutor, The State
Prosecutor, and the prosecutors mentioned under R.A.
10071 of the National Prosecution Service of the Department
of Justice
35. The Solicitor-General;
36. Investigators and Prosecutors of the Office of the Ombudsman;
37. The Chief Public Attorney;
38. The officers and members of Departments/Divisions/Offices
Units/Detachments performing law enforcement and/ or
security functions

26 SAFE 2019
ANNEX B

COMELEC RESOLUTION NR 10468 – PROMULGATED ON DEC. 13,

2018 - CONSOLIDATED RESOLUTION FOR (1) GUIDELINES
ON THE ESTABLISHMENTS AND OPERATION OF COMELEC
CHECKPOINTS; AND (2) INSTRUCTIONS FOR THE CONDUCT
OF PRELIMINARY EXAMINATION OF VIOLATIONS OF
THE BAN ON FIREARMS, OTHER DEADLY WEAPONS AND
SECURITY PERSONNEL; IN CONNECTION WITH THE MAY
13, 209 NATIONAL AND LOCAL ELECTIONS (NLE).

COMELEC RESOLUTION NR 10446 – PROMULGATED ON NOV 21,

2018 – 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 SERVICES OF
SECURITY PERSONNEL OR BODYGUARDS DURING THE
ELECTION PERIOD FOR THE MAY 13, 2019 NATIONAL AND
LOCAL ELECTIONS ELECTIONS.

BATAS PAMBANSA BILANG 881 – OMNIBUS ELECTION CODE OF THE

PHILIPPINES

SECTION 261Q. Carrying Firearms outside residence or place of

business – Any person, who, although possessing a
permit to carry firearms, carries any firearms outside
his residence or place of business during the election
period, unless authorized in writting by the Commission,
Provided, that a motor vehicle, water or air craft shall
not be considered a residence or place of business or
extension hereof.

ARTICLE 125 OF REVISED PENAL CODE OF THE PHILIPPINES – Delay in

the delivery of persons to the proper judicial authorities.-
The penalties provided in the next proceding article
shall be imposed upon the public officer or employee
who shall detail any person for some legal ground and
shall fail to deliver such person to the proper judicial
authorities within the period of: twelve (12) hours, for
crimes or offenses punishable by light penalties, or their
SAFE 2019 27
 equivalent; eighteen (18) hours, for crimes or offenses
punishable by correctional penalties, or their equivalent;
and thirty-six (36) hours, for crimes, or offenses punishable
by afflictive or capital penalties, or their equivalent.

28 SAFE 2019
 CALENDAR OF ACTIVITIES
May 13, 2019 Midterm Elections

October 11, 12, 15, 16 & 17, 2018:

Filing of Certificate of Candicacy (COC)

January 13 - June 12, 2019:

Election Period & Gun Ban

February 12 - May 11, 2019:

Campaign Period for Candidates for Senator and Party-List Group

March 29 - May 11, 2019:

Campaign period for members of the House of Representatives
and regional, provincial, city and municipal officials

May 12 & 13, 2019:

Liquor Ban

May 13, 2019:

Election Day

June 12, 2019:

Last Day to File Statement of Contributions and Expenditures
(SOCE)
 It is best for candidates to coordinate with commanders of the
nearest police station in your area for any eventualities.

HOTLINE NUMBERS
National Emergency Hotline 911

Hotline 8888

COMELEC

Text Oca 2286

Ireport Mo Kay Tsip 0917-847-575

NOC 723-0401 local 3033/3623

NTF

NCRPO 838-0428/0939-626-1824

PRO1
607-6556/0917-834-8436/
0917-938-4183

PRO2 354-1292/0927-142-8521/
0997-210-0265

PRO3 860-2943/0917-320-2936

PRO4-A 531-4470/0917-897-4365

PRO4-B 288-1730-0916-368-4306

PRO5 820-4602/0917-583-5936/
0922-874-0991/0947-998-9648

PRO6 335-0970

PRO7 254-9146/0917-700-1509

PRO8 323-3036/0936-919-4794/
0917-631-7752

PRO9 926-1977

PRO10 856-3183/852-4916/
0917-833-1997

PRO11 235-2515/0910-219-2770

PRO12 302-2011

PRO13 342-1367/0998-866-8799

PRO ARMM 425-0078/0905-352-4920/

0917-558-6845

PRO COR 422-1977/0939-908-2027

30
 PREPARATION COMMITTEE
PCSUPT RHODEL O SERMONIA - D, PCRG
PSSUPT BARTOLOME R BUSTAMANTE - DD, PCRG
PSSUPT REMIGIO S SEDANTO - CDS

Members
PSSUPT MARVIN JOE C SARO - C, ICDD
PSUPT RODRIGO B GALINO - AC, ICCD
SPO1 Anthony B Marcelo - ICDD
PO3 Vergel L Dacanay - ICDD
PO3 Nomer B Macaraig - ICDD
PO1 Alona Faith L Edas - ICDD
PO1 Romulo Cleve M Ortenero - ICDD
PO1 Josephine T Blanche - ICDD
PO1 Jedalyn A Mondiging - ICDD
NUP Emma Kris D de Guzman - ICDD
NUP Eugene T Mosquito - ICDD
Ms. Evelyn Duremdes-Barz - Consultant

SAFE 2019 31
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