2010 CANDIDATES IN RUSH TO FILE APPLICATION FOR GUN BAN EXEMPTIONS
MANILA, JANUARY 13, 2010 (STAR) By Ben Serrano - Police said that candidates for local positions in various parts of the country, including the Ilocos and Caraga regions, have filed applications for exemption from the Commission on Elections (Comelec) gun ban and requested police security escorts during the election period.The Comelec, with the assistance of the Philippine National Police (PNP) and the Armed Forces of the Philippines (AFP), started enforcing the gun ban last Jan. 10. The election period will end on June 9.
Senior Superintendent Nestor Monton Fajura, operations chief of the Caraga police, said 52 candidates vying for local positions have filed applications for security personnel and gun ban exemptions from the secretariat of the Caraga Region’s Joint Security Control Center (JSCC) of the Comelec, PNP and AFP.
Meanwhile, Chief Superintendent Constante Azares Jr., Ilocos police director, told The STAR that candidates in Pangasinan have requested police security escorts during a meeting of officials of the Comelec, police, military, and local officials in Lingayen, Pangasinan, last Monday.
Azares said the applications for police escorts are in compliance with the resolution of the Comelec that allows candidates to have two police escorts who should wear complete uniform while on security detail to candidates.
He said that some candidates in La Union, Ilocos Sur and Ilocos Norte have also started trooping to the regional office of the JSCC at the Masigasig Center at Camp Florendo in San Fernando, La Union.
President Arroyo directed the Department of the Interior and Local Government and the Department of National Defense to work with the Comelec to provide security escorts to candidates that are being harassed by the communist New People’s Army rebels.
Press Secretary Cerge Remonde noted that the President issued the directive during yesterday’s National Security Council meeting at Malacañang after being informed by Senate Majority Leader Juan Miguel Zubiri about a candidate for mayor in his province of Bukidnon who was being extorted by the NPA for P500,000.
Remonde said that the President wanted authorities to ensure that there would be free and credible elections in rebel-infested areas.
71 gun ban violators nabbed
The PNP National Election Monitoring and Action Center (NEMAC) based in Camp Crame, Quezon City reported 71 people have been arrested nationwide for violation of the gun ban.
PNP said among those arrested were six soldiers, five police officers, three government officials and 57 civilians.
Police said the violators were arrested at the various checkpoints manned by police and military personnel.
The law enforcers also seized 71 guns, six bladed weapons, and a grenade after the police started deploying the 50,000-strong security team at 3,500 checkpoints nationwide.
Comelec Resolution 8714 imposes the nationwide gun ban covering the election period.
PNP chief Director General Jesus Verzosa directed all police officials to get out of their offices and supervise the preparations for the peaceful elections.
The PNP had earlier identified 558 cities and municipalities as areas being monitored for election-related violence. Some 118 of the election hot spots are in the Autonomous Region in Muslim Mindanao (ARMM).
This developed as election lawyer Romulo Macalintal assailed the Comelec for refusing to issue gun ban exemptions to legitimate gun owners.
“I find its (Comelec) resolution on total gun ban illegal and unconstitutional. It’s so arbitrary and in violation of the rights of legitimate gun holders with permit to carry licensed firearms who may have valid reasons to carry during the election period,” said Macalintal, who is President Arroyo’s election lawyer.
The Comelec gun ban resolution only authorizes members of the police, military and law enforcement agencies to carry their firearms with conditions.
Comelec said that candidates for national elective posts might be allowed to have a maximum of six security aides while those running for local positions may only be allowed two bodyguards.
Macalintal said Section 32 of Republic Act 7166 or the Synchronized Election Law allows legitimate and responsible gun owners to possess and carry their licensed firearms “if authorized in writing by (the) Comelec.”
He said gun owners can apply and give reasons thereof and Comelec is mandated to hear before it decides to grant or deny the request.
Macalintal said the poll body might issue rules to implement laws, but it cannot add or detract from the law’s provisions nor expand, limit or amend the law, as this is a congressional function.
PNP recalls guns issued to barangay chiefs
Senior Superintendent Percival Barba, director of the Pangasinan police, ordered all local police chiefs to recall all the 1,300 shotguns issued to barangay chairmen in 44 towns and four cities in the province as part of the election gun ban.
The barangay chairmen are authorized to possess and carry the necessary firearms within their territorial jurisdiction in accordance with Section 389 of RA 7160 or the Local Government Code.
Barba said the memorandum of agreement (MOA) that the police and the barangay chairmen signed before the firearms were issued to the village officials states that the guns would be recalled during the election period.
Politicians from Nueva Ecija, a perennial election hot spot, and Aurora have expressed reservations on the total gun ban policy.
Nueva Ecija Vice Gov. Edward Thomas Joson said a candidate who only has two security escorts might be a sitting duck for lawless elements that are using unlicensed firearms.
“You may have two security escorts but what if there are 10 people waiting in ambush? Are these lawless elements covered by the gun ban? Of course not, that’s why they are lawless,” he said.
Aurora Gov. Bellaflor Angara-Castillo said the policy is okay with her for as long as law enforcers ensure that there would strictly be no exemptions.
“That’s the best covenant for the holding of HOPE (honest, orderly and peaceful elections),” she said, adding that in her province, the elections are peaceful.
House Deputy Majority Leader Juan Edgardo Angara said the policy is good but enforcement is another matter.
“The problem is that they may only be guarding the security escorts of politicians. But what about the rogue elements in society?” he said.
In Isabela, Mayor Amelita Navarro of Santiago City, who stirred controversy with her purchase of 15 Norinco CQ-A M-4 assault rifles, clarified that the firearms would be issued to the local police special weapons and tactics (SWAT) team.
Policemen intercepted the firearms on board a city government vehicle last Saturday at a checkpoint in Muñoz, Nueva Ecija. The police, however, released the firearms since they had proper and legal documentation.
Senior Superintendent Reynaldo Sinaon, Isabela City police chief, confirmed that the firearms were really intended for the local police force. - With Mike Frialde, Jun Elias, Marvin Sy, Cecille Suerte Felipe, Eva Visperas, Manny Galvez, Charlie Lagasca, Jaime Laude
COMELEC EXEMPTS CIVILIAN ACTIVE AUXILIARIES (CAA) FROM TOTAL GUN BAN
(STAR) By Sheila Crisostomo - Amid efforts to eliminate private armies and the controversies surrounding the involvement of the Civilian Volunteer Organizations (CVO) in the Nov. 23 Maguindanao massacre, the Commission on Elections (Comelec) yesterday exempted the Civilian Active Auxiliaries (CAA) from the total gun ban.Comelec Commissioner Lucenito Tagle said the CAA, which used to be known as the Citizen Armed Force Geographical Unit or CAFGU, are allowed to carry firearms as they are considered units of the Armed Forces of the Philippines (AFP).
“When we issued the certificate of authority to AFP, it says ‘all units,’ and CAFGU is a unit of the AFP. It’s now up to the AFP to police their ranks,” said Tagle, chairman of the Committee on the Ban of Firearms and Security Personnel.
Government militia forces earlier expressed apprehension over the Joint Letter Directives (JLD) between the Comelec, the AFP and the Philippine National Police (PNP), which directs the implementation of the firearms ban and the dismantling of partisan armed groups.
That was put to test after the police questioned the CAA and the Special Civilian Active Auxiliary (SCAA), which were trained and provided firearms by the military. The CAA operates alongside government forces while private business and local government units tap the SCAA to secure their respective areas.
Under Comelec Resolution 8742 promulgated last Jan. 11 amending Resolution 8714, the CAFGU was exempted from the gun ban along with members of the Presidential Security Group, Bureau of Fire Protection, Optical Media Board, the treasurers and deputy treasurers and members of the Internal Security Division of the Bureau of Treasury.
Tagle added that security personnel of accredited foreign diplomatic corps and establishments are not covered by the firearms ban.
Earlier, Rear Admiral Alexander Pama, commander of the Naval Forces Western Mindanao (NFWM), raised concern over the gun ban as hundreds of the SCAA were tapped by fishing companies to secure their venture in the South.
“If we are to follow the JLD in the aspect of implementation of gun ban they are affected because they are not exempted,” Pama said. “At the moment, the SCAA are in limbo whether they will go out on their regular security function.”
The Comelec sought clarification on the SCAA’s status.
Lt. Gen. Ben Dolorfino, chief of Western Mindanao Command (Westmincom), said that as far as they are concerned, the SCAA and CAA are part of the military organization.
Dolorfino also clarified that not all SCAA forces are used in partisan activities since most are being utilized as security forces of private companies operating in remote areas.
He warned that local leaders who will use the SCAA as private security face disqualification.
Asked about the mounting complaints from local government officials and private individuals against the gun ban, Tagle reiterated that the scheme was intended to minimize poll-related violence.
Erap: It’s useless
Meanwhile, former President Joseph Estrada said yesterday there is no need for a national security commission that would address private armed groups and loose firearms in the country.
Estrada’s opinion was included in his position paper submitted to the National Security Council (NSC) meeting held in Malacañang yesterday.
He said the task to be performed by the commission is already included in the mandate of the Department of the Interior and Local Government (DILG), the Department of National Defense (DND), the AFP and the PNP.
“Adding another layer through this commission is like adding red tape, it just prolongs the process instead of speeding it up,” Estrada said.
He said instead of creating a commission, there is a need for more intensive intelligence to be conducted by the AFP and the PNP, which has an intelligence listing or Order of Battle of private armies.
“All these must be conducted in accordance with the rule of law and without fear or favor,” Estrada said.
He added that mayors and governors must also be held responsible for the existence of private armies in their areas because it is their duty to monitor and report the existence of the same in their province or municipality.
“In this task of ensuring that the voice of the sovereign people is heard through the ballot, we must not fail. Having peaceful, orderly, clean and credible elections this coming May will be the first step towards the national unity that both our leaders and people seek,” said the former leader.
Estrada also asked the Comelec officials during the NSC meeting if they were prepared for possible hackers, citing recent reports that various government agencies’ websites have been hacked.
Malacañang defends independent commission
But Malacañang once again defended the creation of the independent commission.
Estrada’s words fell on deaf ears as President Arroyo personally defended her decision to create the commission headed by retired Court of Appeals justice Monina Arevalo-Zenarosa.
Press Secretary Cerge Remonde, quoting the President, said that the commission does not supplant the AFP and PNP and would actually help them in their work to dismantle the private armed groups.
The President also shared the same view as Estrada that the authorities do not have to wait for the report of the commission before acting on the problem.
On Estrada’s argument that it is the mayors and governors who should be held responsible for the existence of private armed groups in their respective areas, Remonde noted that some of these have been associated with local officials so they cannot be expected to fully cooperate on this matter.
“Nevertheless, his inputs were very well taken and in fact President Arroyo instructed both the Armed Forces, the PNP and the commission to take the suggestion and observations of the former president,” he said.
Secretary to the Cabinet Silvestre Bello III, on the other hand, said that the creation of the commission “underscores the desire of the President to dismantle perceived or actual existing private armies.”
“We have institutions like the PNP, the AFP that can go against private armies, that is under the law, but this creation of the commission is precisely to underscore, to show the seriousness of the President in going after these private armies because with these private armies you cannot expect ‘HOPE,’ which is Honest, Orderly and Peaceful Elections,” Bello said.
It was the first time in nine years that Estrada was able to step inside Malacañang after he was ousted from office in the 2001 Edsa II Revolution.
He was escorted to the Heroes Hall by Trade Secretary Peter Favila and was greeted by Executive Secretary Eduardo Ermita. - Jose Rodel Clapano, Roel Pareño, Marvin Sy
49 GUN BAN VIOLATORS SO FAR ARRESTED FOR ILLEGAL POSSESSION
(STAR) By Mike Frialde - Police units manning checkpoints nationwide have arrested 49 persons as of yesterday for violation of the Commission on Elections (Comelec) gun ban that took effect last Sunday.Director Andres Caro II, Philippine National Police director for operations, said those arrested for illegal possession of guns include three government officials, five police officers, five soldiers and 36 civilians.
Caro said police confiscated 22 high-powered and 28 small firearms, three bladed weapons and a grenade. The Comelec issued Resolution 8714 that deputized the PNP to enforce the nationwide gun ban with the start of the election period last Jan. 10.
Among those arrested was an Army captain who was nabbed by agents of the PNP-Aviation Security Group (Avsegroup) at the Ninoy Aquino International Airport Centennial Terminal 2 yesterday.
The Army officer was identified as Capt. Rene Dalit Gimena who was about to board Philippine Airlines flight PR 145 bound for Iloilo.
Gimena was presented for inquest proceedings at the Pasay City Prosecutor’s Office for violation of the Omnibus Election Code-Gun Ban that started on Jan. 10, 2010 and will last until June 9, 2010.
Police seized from Gimena a caliber .45 Colt pistol, one magazine loaded with seven rounds of ammunition and Mission Order issued by the 3rd Infantry Division, Philippine Army, Camp General Macario Peralta in Jamindan, Capiz.
Senior Superintendent Rainiel Valones, chief of the Avsegroup at the NAIA Centennial Terminal 2, said Gimena was nabbed when he submitted his firearm to the firearms facilitator for check-in.
Gimena only presented a Mission Order when the facilitator demanded valid firearms documents.
The facilitator asked Gimena to present other documents such as Acknowledgment Receipt of Equipment (ARE) and Gun Ban Exemption permit but the Army officer failed to present the documents and insisted that he did not need those documents.
The facilitator endorsed Gimena to Senior Inspector Sereino Ramos for further disposition but the suspect allegedly became rowdy and started to bully the police officer using his seniority in the service.
“Magkikita tayo sa field (we will meet in the field),” Gimena threatened the policeman and even gestured with a clenched fist before he was arrested.
Police records showed that Region 4-A (composed of the provinces of Cavite, Laguna, Batangas, Rizal and Quezon) reported 14 gun ban violations.
Nine cases were reported in Metro Manila, eight in Western Visayas, four in Cagayan Valley, three in the Bicol region, two cases each in Socsargen (South Cotabato, Sarangani and General Santos City) and Caraga regions, and one each in Eastern Visayas, Southern Mindanao, Western Mindanao and in the Autonomous Region in Muslim Mindanao.
The PNP-Armed Forces of the Philippines Joint Security Control Centers (JSCC) had so far set up 988 checkpoints starting midnight Saturday that are being manned by police officers in uniform and supervised by local Comelec officers.
The PNP will deploy 50,000 policemen to man more than 3,000 checkpoints put up by the JSCC.
“The checkpoints will be conducted following proper procedures and we will always respect human rights,” PNP spokesman Chief Superintendent Leonardo Espina said.
Espina said while policemen manning the checkpoints may thoroughly search public vehicles such as buses, jeepneys and taxicabs, private motorists would be treated under the “plain view” principle.
“We will confiscate based on plain view. Private motorists and their passengers will not be forced to alight unless there is probable cause to believe that their vehicle has been involved in a crime,” said Espina.
Espina said that motorists who have complaints regarding police harassment at the checkpoints could report the incident to the nearest police station.
He reminded the public that under the total gun ban, all permits to carry firearms outside of residence (PTCFORs) are suspended during the election period.
Espina said the checkpoints would be placed on strategic locations to be determined by the regional JSCC.
Each JSCC is composed of the highest ranking local police official, the highest ranking local military officer and the highest Comelec officer in the area.
Under the total gun ban, only uniformed law enforcement personnel and uniformed military personnel on official duty are allowed to carry guns. Law enforcement personnel and soldiers going to their places of assignments from their residences and back are also permitted to carry guns.
GMA certifies anti-firearms bill
President Arroyo has certified as urgent the proposed bill aimed at providing stiffer penalties for crimes related to firearms and light weapons.
In a letter sent to Senate President Juan Ponce Enrile last Dec. 20, Mrs. Arroyo certified House Bill 6776 as urgent. Speaker Prospero Nograles has been furnished with the certification.
She said there is a need to address real and impending threats to public peace and order arising from the proliferation and massive circulation of loose firearms and light weapons in the country.
Even as the House has passed the measure, a counterpart measure - Senate Bill 3375 - is still pending before the Committee on Public Order and Illegal Drugs chaired by Sen. Gregorio Honasan.
Concerned sectors have called the attention of the Senate to put priority on the passage of SB 3375.
Meanwhile, Sen. Manuel Roxas II asked the Senate yesterday to investigate if Malacañang was involved in supplying high-powered firearms to the Ampatuan clan who are administration allies, following the reported US government’s probe into the alleged arms smuggling operations in Maguindanao,
Roxas said it is important to find out how the Ampatuans acquired their sophisticated arms cache and ammunition so Congress could come up with stricter legislative measures to regulate government’s procurement of high-powered firearms.
There were news reports that the US Department of Homeland Security had asked Malacañang to “enlighten” it about the alleged arms smuggling activities of the Ampatuans.
In filing Senate Resolution No. 1533, Roxas expressed concern over reports indicating that the acquisition of the firearms and bullets, including 40 Bushmaster assault rifles and hundreds of rounds of ammunition of different calibers, were made through legitimate government channels.
He said the “trappings of legitimacy” attended the procurement, citing the purported business transactions between the Maguindanao provincial government, then still under former Maguindanao Gov. Andal Ampatuan Sr., and a government-accredited arms dealer.
Roxas cited reports that most of the firearms that were recovered from the Ampatuan properties have government arsenal markings and that a majority of the ammunition recovered had “Armscor” and “DND” (Department of National Defense) markings, showing that these weapons were sourced through and from government.
PNP asks for public help in gun ban
Metro Manila police chief Director Roberto Rosales called on the people to help the government in the strict implementation of the total gun ban.
“I’m urging the public to report anybody violating the gun ban so we could immediately arrest and file charges against them,” said Rosales.
Rosales issued his call for active public participation in the gun ban campaign of the police following the arrest of Tristan de Castro, 25, and Jonas Eslao, 25, in Pasig City yesterday morning.
Rosales said De Castro, a voice talent, and Eslao, an artist, were arrested after residents of Pearl Plaza in Ortigas Center in Pasig City reported to the police the suspects who were carrying an airsoft caliber .45 pistol replica.
Investigators said the suspects were displaying their airsoft handguns and fearful residents reported their presence to local police who acted with dispatch and arrested them. The suspects said they were not aware that airsoft handguns are included the Comelec gun ban.
Lawyer Marilyn Pintor, regional director of the Commission on Human Rights (CHR) in the Caraga Region, said the police and Comelec have not yet consulted the commission regarding the setting up of checkpoints for the gun ban.
CHR chair Lilia de Lima had earlier reminded authorities to respect the rights of people, particularly motorists, to privacy and security when manning checkpoints and implementing the gun ban.
De Lima ordered CHR regional offices through a memorandum circular about strict compliance of authorities with respect to human rights as the nation gears for the official start of the election period.
“We did not receive any invitation either from Comelec or law enforcement agencies, thus we were not able to observe yesterday’s installation of checkpoints to implement the gun ban,” Pintor said.
Chief Superintendent Constante Azares Jr., Ilocos police regional director, directed local police officers to strictly enforce the gun ban fairly and arrest violators even if they are relatives or friends.
“When I say no friends, it means whoever would be hit, should not get mad,” he added.
He said no less than PNP chief Director General Jesus Verzosa has ordered his men to stick to the Comelec rules, “according to the letter and in spirit” in order to attain honest, orderly and peaceful elections. — With Rudy Santos, Edith Regalado, Eva Visperas, Ben Serrano, Christina Mendez, Aurea Calica, Non Alquitran
Chief News Editor: Sol Jose Vanzi
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