Comelec Resolution No. 10446: Htcadc
Comelec Resolution No. 10446: Htcadc
WHEREAS , Section 261 (q) of the Omnibus Election Code (B.P. Blg. 881, as
amended) provides:
"Sec. 261. Prohibited Acts. — The following shall be guilty of an
election offense: HTcADC
RULE I
Definition of Terms
RULE II
General Provisions
RULE III
RULE IV
RULE V
Transport or Delivery of Firearms and/or Its Parts, Ammunition and/or Its Components,
or Explosives and/or Its Components
SECTION 20. Accreditation of Duly Registered 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 the Creation of
an O cial Registry Therefor . — To facilitate and more effectively process applications
and reduce the repetitive submission of documentary requirements, duly
licensed/accredited/registered 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 may apply for accreditation before the CBFSP by proving their
quali cations of large-scale frequent operation and/or status as major industry
stakeholder through the one-time submission of documents competent, including, but
not limited to the following:
i. Certi ed True Copies of License/s to Operate and other Licenses,
Registrations, Certi cations and Certi cations in relation thereto as issued
by the PNP;
ii. Certi ed True Copy of Security and Exchange Registration (SEC) for
corporations or the Department of Trade and Industry (DTI) for sole
proprietorships;
iii. Certi ed True Copy of Business Permit (or equivalent document) issued
by the Local Government Unit having jurisdiction of the principal place of
business of the Company;
iv. Certi ed True Copies of Audited Financial Statements (AFS) and Income
Tax Returns (ITR) for 2016 and 2017 stamped received by the Bureau of
Internal Revenue (BIR);
v. Certi ed True Copy of a valid Tax Clearance per E.O. No. 398, Series of
2005;
vi. Certi ed True Copies of Government or Private Contracts evidencing the
large/frequent operation of the entity;
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vii. Endorsement and Certi cation as a large-scale frequent operation and/or
status as major industry stakeholder from the FEO;
viii. Certificate of no past or pending case with FEO;
ix. A davit of no involvement on pending investigations or cases in other
government agencies;
x. Duly notarized Board Resolution certifying the authority given to the head
of agency, corporation or the authorized representative/s to apply for a
CA-TT, in behalf of the company;
xi. Proof of payment of application of accreditation fee amounting to One
Thousand Pesos (P1,000.00).
Given the exigencies of public service, the schedule of the CBFSP permitting, and
strictly subject to the due submission of all the requirements and valid documents by
the applicant, preferential attention shall be accorded to applications for Certi cate of
Authority concerning deliveries of rearms & its parts, ammunitions & its components
and/or explosives & its components to government agencies and instrumentalities
procured under the Government Procurement Reform Act.
SECTION 21. Requirements for Authority to Transport or Deliver Firearms
and/or Its Parts, Ammunitions and/or Its Components, or Explosives and/or Its
Components. — All applications for CA-TT or authority to transport or deliver Firearms
and/or its parts, Ammunition and/or its components, or Explosives and/or its
components during Election Period shall include the following:
a. Duly accomplished and completely lled-up CBFSP Form No. 2019-04
(available at the CBFSP O ce, COMELEC Main O ce) in three (3) copies,
stating therein, among others, the full name of the applicant and its
principal o ce address, and the name of its duly authorized
representative;
b. In case the applicant is a Juridical Entity (corporation/partnership/etc.); a
duly notarized Board Resolution must be attached to the application form,
certifying the authority given to the head of agency, corporation or the
authorized representative/s to apply for a CA-TT, in behalf of the company.
(in case not accredited)
c. Original Permit to Transport (PTT) issued by the Firearms and Explosives
O ce (FEO), Civil Security Group (CSG), Philippine National Police (PNP),
with Indorsement from the appropriate officer of the FEO;
d. Copy of official receipt to prove the payment of filing fee.
Each and every page of the application, including attachments, must be
numbered consecutively at the bottom right side.
SECTION 22. Filing Fees Relative to Application for Certi cate of Authority to
Transport. — The CBFSP shall adopt and impose the charges imposed by the PNP on
the issuance and permits/authority to transport rearms and/or its parts, ammunitions
and/or its components or explosives and/or its components, unless, upon su cient
notice, a different schedule of fees is imposed by the CBFSP Chairperson.
SECTION 23. Where to Submit Application and Requirements for Authority to
Transport or Deliver Firearms and/or Its Parts, Ammunitions and/or Its Components or
Explosives and/or Its Components. — Duly accomplished and completely lled-up
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application forms and other requirements under this Rule shall be submitted to the
CBFSP by the duly authorized representative of the applicant. The representative must
present and submit an authorization executed in his favor by the applicant, together
with copies of valid identification cards of the principal and the representative.
SECTION 24. Conditions. — In addition to the requirements stated above, the
following are conditions for the issuance of a CA-TT or authority to transport or deliver
Firearms and/or its parts, Ammunitions and/or its components or Explosives and/or its
components during Election Period:
a. The Authority shall be valid only within a prescribed period and shall
provide the terms and conditions of its grant, on a strictly one-way basis.
b. In the case of Explosives and/or its components, the same shall be
immediately transported with a police escort by the applicant/grantee or
its representative, directly to the explosives magazine/storage facility of
the licensed requesting party.
c. In the case of Firearms and/or its parts and Ammunition and/or its
components, the same shall be immediately transported by the
applicant/grantee or its representative directly to the address of the buyer
or requesting party.
d. Firearms and/or its parts, ammunition and/or its components, and,
explosives and/or its components meant for exportation to other
countries or jurisdictions shall be transported or delivered directly to
airports or seaports.
e. Firearms and/or its parts, Ammunition and/or its components, imported
from other countries or jurisdictions shall be delivered directly to the FEO
Storage Section; Explosives and/or its components shall be delivered
directly to the manufacturing facility/magazine of the licensed
manufacturer with CA-TT.
f. In no case shall the Firearms and/or its parts, and/or Ammunition and/or
its components and Explosives and/or its components, be transported or
delivered by any person other than the authorized manufacturer, importer,
exporter, purchaser, dealer, seller with CA-TT, or its duly authorized
representative/s.
Any violation of the foregoing, as well as any other condition for the issuance of
the CA-TT, shall immediately invalidate the CA-TT.
RULE VI
Regional Joint Security Control Center (RJSCC) and Provincial Joint Security Control
Center (PJSCC)
RULE VII
RULE VIII
Reportorial Requirements
SECTION 32. Reports of the RJSCC, PJSCC and C/MJSCC . — The RJSCC,
PJSCC and C/MJSCC shall submit to the CBFSP a report on its activities in connection
with all matters relating to the discharge of its duties and functions under this
Resolution and any other directive of the CBSFP.
Based on reports submitted by the PJSCC and C/MJSCC, the RJSCC shall submit
the following reports:
a. Consolidated inventory of the TA-SDs issued and CA-SD applications
endorsed by the RJSCC to CBFSP, CA-SD applications forwarded by the
PJSCC in their respective jurisdiction to the RJSCC, and CA-C/DO
applications transmitted by PJSCC to the CBFSP;
b. Consolidated report on checkpoints conducted;
c. Reports forwarded by AFP and PNP partners on the:
i. Current status of the enforcement (i.e., number of arrests, names of
persons involved, number of con scated rearms, categorized into
licensed or unlicensed) of the ban on rearms or other deadly
weapons and security personnel;
ii. The peace and order situation in various parts of the country,
including insurgency, the existence and size of private armies, the
intensity of political rivalries, and other circumstances that may
affect the conduct of the elections.
d. Other information or report as may be required by the CBFSP.
The RJSCC report shall be submitted every Monday from start of CBFSP
operations until the end of the election period.
SECTION 33. Reports of AFP and PNP. — The CBFSP may request directly the
AFP and PNP to submit reports related to its implementation of this Resolution and
other matters that include, but not limited to, security preparations and peace and order
updates.
RULE IX
Common Provisions
SECTION 35. Composition of the CBFSP Secretariat and the JSCCs. — In the
exigency of service, the Chairperson and the representative of the Commission may
change the composition of the CBFSP Secretariat and the JSCCS.
SECTION 36. Regular Meeting. — The CBFSP shall conduct its Regular
Meeting every Thursday after the commencement of operations or as may be called
upon by, under the authority of or for the CBFSP Chairperson.
SECTION 37. Payment of Administrative Fees. — Administrative fees paid
pursuant to this Resolution are strictly non-refundable. Payments shall be made to the
Cash Division, Commission on Elections, or the O ce of the Provincial Election
Supervisor.
SECTION 38. Certi ed True Copy of Certi cates of Authority . — Photocopies
of the Certificates of Authority shall only be valid if they are:
a. certified as true copies of the record on file by the CBFSP;
b. stamped with the dry seal of the Commission;
c. affixed with security sticker; and
d. covered in the original by official receipts of the COMELEC.
The required fee for certi ed true copies shall be One Hundred Pesos
(PhP100.00) for the first page and Two Pesos (PhP2.00) for every succeeding page.
SECTION 39. Philippine National Police Evaluation Unit (PNPEU). — There
shall be a Philippine National Evaluation Unit composed of One (1) Police
Commissioned O cer (PCO) as Team Leader, One (1) PCO as Assistant Team Leader
who will be assisted by Two (2) Police Non-Commissioned O cers (PNCO) Chief
Clerks together with the Officers from:
(a) the Secretariat of the Permit to Carry Firearms Outside of Residence
(PTCFOR);
(b) the Supervisory Office for Security and Investigative Agencies (SOSIA);
(c) the Civil Security Group (CSG);
(d) the Firearms and Explosives Office (FEO); and
(e) the Police Security and Protection Group (PSPG).
The PNPEU shall be under the joint direct control and supervision of the CBFSP
Chairperson and PNP Representative.
The Team Leader of the PNPEU shall have the duty of ensuring the e cient and
accurate processing of applications indorsed by the CBFSP Secretariat and timely
accomplishment assigned tasks, as well as direct supervision over the PNP personnel
assigned at the CBFSP, and shall be responsible for the following:
a. Distribution for evaluation of the applications for Certi cate of Authority as
received by the CBFSP Secretariat to the different component-units of the
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PNPEU in accordance with their areas of jurisdiction;
b. Monitoring the timely release of all evaluated applications to the
concerned component-units of the PNPEU to the CBFSP Secretariat in
compliance with the Anti Red Tape Act of 2007;
c. Monitor the different units and the shifting of its personnel;
d. Custody and safekeeping of all applications received by the Unit; and
e. Compliance with the Data Privacy Act of 2012 as implemented by the
Privacy Management Program (PMP) of the Commission on Elections.
SECTION 40. Armed Forces of the Philippines Evaluation Unit (AFPEU). —
There shall be Armed Forces of the Philippines Evaluation Unit (AFPEU) composed of
One (1) Commissioned O cer (CO) as Team Leader, One (1) CO as Assistant Team
Leader together with its two COs and Eight (8) Non-COs.
The AFPEU shall be under the joint direct control and supervision of the CBFSP
Chairperson and AFP Representative.
The Team Leader of the AFPEU shall have the duty of ensuring the e cient and
accurate processing of applications indorsed by the CBFSP Secretariat and timely
accomplishment assigned tasks, as well as direct supervision over the AFP personnel
assigned at the CBFSP, and shall be responsible for the following:
a. Distribution for evaluation of the applications for Certi cate of Authority as
received by the CBFSP Secretariat to the different component-units of the
AFPEU in accordance with their areas of jurisdiction;
b. Monitoring the timely release of all evaluated applications to the
concerned component-units of the AFPEU to the CBFSP Secretariat in
compliance with the Anti Red Tape Act of 2007;
c. Monitor the different units and the shifting of its personnel;
d. Custody and safekeeping of all applications received by the Unit; and
e. Compliance with the Data Privacy Act of 2012 as implemented by the
Privacy Management Program (PMP) of the Commission on Elections.
SECTION 41. Records Keeping. — Physical and electronic records of
applications received, processed, evaluated and acted upon shall be kept in a dedicated
CBFSP office. Retention of records shall be subject to the laws, rules and regulations on
government record disposition.
RULE X
SECTION 42. Validity of the Certi cate of Authority . — The Certi cate of
Authority shall be valid from date of issuance until June 12, 2019, unless:
a. Earlier revoked by the CBFSP:
1. For any misrepresentation or false statement in the application or
its attachments, or submission of falsified documents;
2. After the ground/s for which the Certi cate of Authority was issued
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ceases to exist;
3. For such other grounds deemed appropriate by the CBFSP.
b. Ipso facto deemed null and void if the grantee violates or fails to comply
with the conditions for carrying of Firearms or for transporting Firearms,
Ammunitions, Explosives, and/or their respective parts or components, as
the case may be.
c. Any license or permit issued by the PNP and used in support of the
application for the corresponding Certi cate of Authority is revoked,
cancelled and suspended by the Chief, PNP or his authorized
representative.
d. A different period of validity is prescribed by the CBFSP, such as those in
CA-TTs and CA-LEA for Foreign Security Personnel.
SECTION 43. Absence of Valid and Subsisting Certi cate of Authority . — Any
person who shall:
a. Bear, carry or transport Firearms or other Deadly Weapons; or
b. Employ, avail or engage of the services of security personnel or
bodyguards; or
c. Transport or deliver Firearms and/or its parts, Ammunition and/or its
components, and, Explosives and/or its components;
during election period without a valid and subsisting Certi cate of Authority shall be
guilty of an election offense .
SECTION 44. Penalty for Election Offenses. — 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 party shall be sentenced to suffer disquali cation to hold public
o ce 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. caITAC
RULE XI
RULE XII
(SGD.) AL A. PARREÑO
Commissioner
On Leave
ANTONIO T. KHO, JR.
Commissioner
ATTACHMENT
Form 19A-01A
(LEA — Individual)
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Form 19A-01B
Certified List of Officers and Personnel with Their Authorized Firearms (PNP/AFP/LEA —
Agency)
Form 19A-01C
(Cashiers/DO/HRI)
Form 19A-01D
(Sport Shooter)
Form 19A-02
Certified List of Officers and Personnel with Their Authorized Firearms (Security Agency)
Form 19A-02B
(LEA — Individual (J))
Form 19A-04
Certified List of Firearms and/or Its Parts, Ammunitions and/or Its Components, or Explosives
and/or Its Components (ATT)
Form 19B
Description and Picture of Authorized Uniform
Footnotes
1. Entitled "In the Matter of Prescribing the Calendar of Activities and Periods of Certain
Prohibited Acts in Connection with the May 13, 2019 National and Local Elections."
2. The adjective "unfired" is found in Section 3.2 of the Implementing Rules and Regulations of
R.A. No. 10591.
3. An Act Strengthening and Rationalizing the National Prosecution Service.
n Note from the Publisher: Discrepancy between amount in words and in figures.