MANILA, Philippines - The Commission on Elections (Comelec) rejected yesterday any exemption to the gun ban despite calls from judges and prosecutors to allow them to carry firearms during the election period.
Comelec Chairman Jose Melo said the gun ban is needed to minimize violence before and during the barangay and Sangguniang Kabataan (SK) elections.
“If we allow the judges, the prosecutors would also ask for that,” he said. “If we start giving exemptions, nothing will happen (to our campaign).”
However, election lawyer Romulo Macalintal said Comelec Resolution 9028 imposing a total gun ban is illegal.
“With due respect, I believe that a request for reconsideration is not the proper remedy,” he said.
“The Supreme Court or any of its judges affected by the ‘total gun ban’ should be the first to question its legality.”
Macalintal said the ban to carry licensed firearms during the election period under Republic Act 7166, the Synchronized Elections Law, is not absolute.
“The said law accepts an exemption in that the bearing of such firearm may be allowed if authorized in writing by the Commission,” he said.
“A clear example of the right to seek an exemption from a prohibited act during the election period is the written authority granted recently by Comelec to President Aquino to appoint public officials.”
The Philippine Judges’ Association and the National Prosecutors League of the Philippines have asked the Comelec to grant exemptions to judges and prosecutors from the firearms ban following the killing of Judge Reynaldo Lacasandile in Vigan City last Monday.
In a text message to reporters, NPLP president Jonathan Lledo said they have already filed a formal request with the Comelec to exempt prosecutors from the gun ban.
“Prosecutors are now restless and defenseless, while Comelec officials are having lunch with security escorts in civilian clothes,” he said.
Prosecutor General Claro Arellano vowed to favorably recommend the NPLP’s request for exemption of prosecutors from the gun ban, Lledo said.
At Camp Vicente Lim in Laguna, police reported the arrest of 51 people in Calabarzon for violating the gun ban.
Calabarzon police director Chief Superintendent Nicanor Bartolome told The STAR German national Wollandt Hans Goerge was arrested at a checkpoint in Barangay Lumotan Atimonan, Quezon last Sunday.
Guinayangan, Quezon Mayor Angel Aridente and his five security escorts were arrested after police found several high powered firearms inside his car along Barangay Sumulong last Wednesday, he added.
Bartolome said all permits to carry firearms outside residences have been revoked.
Police have seized 26 firearms – 10 in Quezon, seven in Cavite, four in Rizal, three in Batangas and two in Laguna – as well as three firearms replica, a grenade and 16 bladed weapons, he added. – With Mayen Jaymalin, Sandy Araneta, Ed Amoroso