18 GUN BAN VIOLATORS ARRESTED
ON 1st DAY
[PHOTO
AT LEFT -
Police and military personnel man a checkpoint on President Sergio Osmeña
Highway in Manila as the nationwide election gun ban took effect yesterday.
Bernardo Batuigas]
MANILA, JANUARY 11, 2010 (STAR) By Cecille Suerte Felipe and Non Alquitran - At least 18 people were apprehended nationwide for violation of the Commission on Elections (Comelec) gun ban shortly after it took effect at midnight yesterday.
Philippine National Police (PNP) chief Director General Jesus Verzosa led the full implementation of the six-month gun ban to ensure peaceful and orderly elections in May.
Most of those apprehended were from Metro Manila and were either retired military or police personnel with permits to carry their guns.
PNP spokesman Chief Superintendent Leonardo Espina said the gun ban violators include three police officers, a lawyer, a Navy enlisted man and four civilians.
Among those arrested were lawyer Tecson John Lim, administrator of Quirino province; SPO1 William Ronquillo; PO1 Dennis Quinto; PO1 Aldrin Almanzar; SIBM Michael Bashan of the Navy; and civilians Ernan Perez, Leopoldo Francisco, Juan Carlos Maglaque and Rogel Gutierrez.
Lim had a Glock caliber .40 pistol and a Sigsauer 9mm pistol; Perez a caliber .45 pistol; Francisco a 9mm Beretta with two loaded magazines; Ronquillo a Glock 9mm pistol; Almanzar a Norinco cal. 45 pistol; Bashan a Norinco 9mm pistol; Maglaque an airsoft AK-47 replica; Quinto an Armscor cal. 45 pistol and Gutierrez a Taurus cal. 45 pistol.
Espina said elements of the Masbate Police Provincial Office also arrested two persons at a checkpoint who were in possession of a 9mm pistol.
Two were collared in Quezon City, two in Navotas City, three in Taal, Batangas and another in General Santos City.
Metro police chief Director Roberto Rosales said those who were arrested claimed they were not aware of the start of the election period and its accompanying gun ban.
However, Versoza clarified that the permit to carry firearms has been automatically revoked when the gun ban took effect.
Those arrested will face criminal charges for violation of the Omnibus Election Code, which imposes a penalty of one to six years imprisonment without probation, disqualification from holding public office or right to suffrage, and deportation for foreigners if found guilty of the offense.
The PNP chief, however, conceded that the information of the total gun ban might not have reached the majority of the people yet since most of those apprehended were gun holders and retired government security personnel.
“We want to show the public that we mean business in the implementation of the law,” Versoza said.
All hands on deck
Verzosa ordered the deployment of 50,000 personnel to man some 3,500 mobile checkpoints put up by the PNP-Armed Forces of the Philippines (AFP) Joint Security Control Centers (JSCC) supervised by local Comelec officers.
The PNP chief said the police visibility was also meant to minimize the number of election-related violent incidents with only four months to go before the May 10 elections.
In its resolution No. 8714, Comelec prohibits the carrying and transport of firearms, explosives and deadly weapons during the 150-day election period from Jan. 10, 2010 to June 9, 2010.
Under Comelec Resolution No. 8714, only bonafide members of PNP, AFP and law enforcement agencies in proper uniform and while in actual performance of official duty are authorized to bear firearms during the election period.
Verzosa also directed all Police Regional Directors to closely supervise election security operations of PNP field units, particularly those manning Security Control Points of the PNP-Comelec-AFP Joint Security Control Centers in different localities.
The National Capital Regional Police Office (NCRPO) set up at least 70 checkpoints in strategic areas of Metro Manila since Saturday night, a few hours prior to the first day of the election period and the gun ban.
They were joined by some 30 election officers and 166 personnel of the AFP National Capitol Region Command (NCRCOM).
Rosales, lawyer Michael Dioneda, Comelec’s regional election officer for NCR, and Col. Loreto Sumicad, NCRCOM deputy commander, conducted an inspection of the checkpoints and were satisfied with what they saw.
During the inspection, Rosales reminded personnel manning the checkpoints to strictly follow rules and regulations and to observe and respect human rights of motorists and the public in general in enforcing the total gun ban.
So far, the checkpoints had been very effective.
Fifteen high-powered firearms on board a sports utility reportedly owned by the local government of Santiago in Isabela were intercepted in a checkpoint along Nueva Ecija a day before the effectivity of the election gun ban.
When asked to comment, Santiago Mayor Amelita Navarro said the firearms were purchased from legitimate stores and were covered by legal papers.
Airsoft enthusiasts beware
The gun ban has also affected airsoft gun owners and enthusiasts as they were likewise warned by Rosales against bringing their weapons to avoid being arrested.
Rosales issued his warning after two individuals, Tristan de Castro and Jonas Eslao, were arrested yesterday for carrying a cal. 45 airsoft pistol and a replica of a cal. 45 pistol in a checkpoint in Ortigas Center Pasig City.
The Metro police chief cited Comelec Resolution 8714 that includes airsoft guns and other gun replicas in the list of items covered by the gun ban.
He advised airsoft gun owners to just leave their guns where they practice or play to avoid being intercepted in checkpoints.
“The use of gun replicas has been noted in some previous robbery incidents,” he said.
Rosales also appealed to all candidates in Metro Manila to expedite their application for temporary security detail (TSD) before the JSCC to allow them to legally employ security personnel and authorize them to provide such security service together with their declared licensed or legally issued firearms.
As of 3 p.m. yesterday, Dioneda noted that 26 TSDs were approved and 131 others were duly received and are now being processed by his office.
Rosales pointed out that JSCC members made a commitment to act with dispatch on all TSD applications.
CHR: “Respect human rights”
Meanwhile, the Commission on Human Rights (CHR) called on members of the PNP and other law enforcement authorities to respect human rights as the nation gears for the official start of the election period.
The constitutional body on Sunday said that authorities must keep in mind the rights of people, particularly motorists, to privacy and security when manning the check points and implementing the gun ban.
“The idea of checkpoints to enforce the gun ban in order to minimize political violence during the current election campaign period can be an effective tool for peace and order,” said CHR chair Leila de Lima. “But even good intentions do not justify human rights violations and abuse of police power.”
The CHR lauded Verzosa for emphasizing to his men the constitutional rights of arrested persons.
“The rights of all persons stopped at the checkpoints should be respected, including their right to privacy and the right to be secure in their persons,” De Lima said.
The CHR also called on the PNP-NCR leadership to issue clear guidelines on how to implement the “plain view” doctrine regarding checks for firearms, and how to approach and talk to motorists.
De Lima reminded the PNP that the law requires their personnel to be identifiable at all times with name plates or labels conspicuously displayed on their uniforms and the checkpoints should also be clearly identified as official.
“Clear and polite communication with the general public will go a long way in garnering the public’s cooperation. Most people are happy to cooperate for the sake of peace and order but they do not want to be treated like criminals or suspects from the very outset,” De Lima said.
“The manner in which the checkpoints are implemented can go a long way in establishing the credibility of the PNP as a human rights protection institution and could be a model for checkpoints around the country during the election period,” she added, vowing to monitor the implementation of the PNP checkpoints and any other measures that may be set up around the country in the run up to the election this May.
De Lima encouraged the public to be vigilant and to report improper conduct or rights violations to any of the CHR regional offices or through the CHR hotline at 377-2477. – With Pete Laude, Michael Punongbayan, Charlie Lagasca, Katherine Adraneda, Roel Pareño
THIS WEEK, A CRITICAL PERIOD FOR POLL AUTOMATION - SMARTMATIC
By Sheila Crisostomo - An official of Smartmatic International Corp. said the coming week is a “critical period” for automating the 2010 polls since they have to sign the contract to produce the ballot boxes and get the list of candidates and polling precincts by then.
Smartmatic president for Asia-Pacific Cesar Flores said they have to begin manufacturing the ballot boxes in their Taiwan factory soon to effectively meet the timeline of the Commission on Elections (Comelec).
“We are reaching a critical point that if we don’t sign that contract anytime soon – meaning less than one week – then we’ll have a problem in the production of the ballot boxes,” Flores said in a press briefing.
Smartmatic has been tapped to make 77,000 ballot boxes at P3,150 each. Its partner in supplying the precinct count optical scan (PCOS) machines, the Total Information Management Corp. (TIM), is not involved in the ballot boxes.
Flores warned that if the contract is not signed this coming week there might be a “dramatic price increase.”
“Because we need to produce more molds and the molds are very expensive,” he added.
Asked about the cause of delay, Flores said the design of the ballot boxes is “dependent” on the size of the ballots.
“So until you have an estimation of the candidates, you don’t know how long it would be. So there were changes on the design. Also, the Comelec initially wanted two compartments. One for the rejected and then they changed to one compartment. That changed the design. That delayed it a little bit,” he said.
However, the Comelec would only have an idea how many candidates there would be after the filing of certificates of candidacy on Nov. 20 to Dec. 1, 2009.
Flores also underscored the need for the Comelec to give them the list of candidates and polling precincts next week so they could begin conceptualizing how the software of the PCOS machines would be configured.
“We need to receive all the data from Comelec by next week – meaning the precincts, the candidate list, etc. (If not) then we get into trouble because if we don’t receive that data we cannot finalize the software and basically there will be delay in the production. And if we don’t produce, basically maybe we’ll have more production line parallel increase,” he said.
But as far as the PCOS machines are concerned, Flores gave assurance that Smartmatic-TIM would be able to deliver them on time. The joint venture had been contracted to supply 82,200 units and it had already delivered 7,320 units.
“We’ve never missed an election. The election will happen and there will be automation. Our reputation is at stake here. Automation is a complex project but it is not an impossible project. We’ve done it in so many countries,” he added.
Palace: Just get it done
But Malacañang will not accept any excuses from Smartmatic if it is not able to comply with its obligations under its contract with the government.
Deputy presidential spokesman Gary Olivar, who earlier expressed concern over the glitch in the initial tests of the PCOS machines, said Smartmatic should be able to complete all of the preparations for the country’s first-ever nationwide automated elections without any delays.
Told about reports of Smartmatic facing problems with its site surveys in Maguindanao supposedly because of the state of emergency currently in place over the province, Olivar said it sounded more like of an excuse for not doing well more than anything else.
“We hope that this is not being used as an excuse for underperformance,” he said.
Olivar said the state of emergency in Maguindanao was precisely meant to ensure peace and order in the province.
President Arroyo placed Maguindanao under the state of emergency shortly after the murder of 57 people in an election-related incident there last Nov. 23.
Martial law was subsequently declared over the province and lasted for just nine days.
When the President decided to lift martial law over Maguindanao, a decision was made to maintain the state of emergency there.
The continued state of emergency paved the way for the deployment of additional military and police personnel there to secure the area.
“That is why we declared the state of emergency there in order to bring everything under control,” Olivar said.
He said Smartmatic should fulfill its obligations under its contract with the Comelec and ensure that the automated elections are carried out smoothly.
“We are calling on them to do their best and if they have problems about peace and order there, that is why we have a state of emergency there, they should approach the concerned authorities for assistance,” Olivar said.
“We cannot make the situation in Maguindanao an excuse for underperformance on the commitment to deliver automated elections for our country,” he added.
While the security forces have been beefed up in Maguindanao, several incidents of looting have been reported at the provincial capitol and even some residential areas by unidentified armed groups.
There were also reported clashes between the Moro Islamic Liberation Front and armed supporters of the Ampatuan clan.
Olivar reiterated that these incidents would be a big factor in the assessment by the National Security Council of the situation in Maguindanao in order to come up with a decision on whether or not to maintain the state of emergency.
“Clearly it does not help the case for lifting the state of emergency if there are these cases of violence,” he said. – With Marvin Sy