Comelec exempts judges, prosecutors from gun ban

The Commission on Elections (Comelec) has granted a request by the Supreme Court (SC) to exempt applicant justices and judges, including prosecutors, from the gun ban, the poll body's spokesman announced Friday.

Comelec spokesman James Jimenez said the poll body's decision was in response to a letter by SC court administrator and spokesman Midas Marquez asking them to allow applicant justices and judges to carry firearms outside their residences during the election period.

"Atty. Marquez in his letter stressed that judges and prosecutors have been under fire. Finding the request to be meritorious, the commission resolves to grant the request for exemption," Jimenez told reporters during a press briefing at the Comelec main office in Intramuros, Manila.

In his letter, Marquez said at least eight judges were murdered during the last five elections, with only one case resolved. "Let us all please help save our judges. Let us not instead help assassins and make it easier for them to assassinate our judges," he said.

Included in the eight judges who were killed in the last five elections were Occidental Mindoro Regional Trial Court Judge Hassan Ibnohajil and NTC Nueva Ecija Judge Eduardo Geminiano (2001); RTC Binangonan Judge Paterno Tiamson, RTC Batangas Judge Voltaire Rosales, and RTC Kalinga Judge Milnar Lammawin (2004); MTC Quezon City Judge Nathaniel Pattugalan (2007); and RTC Aparri Judge Andres Cipriano and RTC Vigan Judge Reynaldo Lacasandile (2010).

Pattugalan was shot by unknown assassins while his application for gun ban exemption was pending with the Comelec then.

Promptly, Marquez lauded the Comelec for giving due course to his request.

"We'd like to thank the Commission on Elections for granting the request of our judges for an exemption. This will make judges more secure and it will be a deterrent to lawless elements," he said at a news briefing.

Only those with applications

But Jimenez said that only judges and prosecutors who apply for the gun exemption will be covered by the Comelec minute resolution.

Section 32 of Republic Act 7166 states that during the election period, "no person shall bear, carry or transport firearms or other deadly weapons in public places, including any building, street, park, private vehicle or public conveyance, even if licensed to possess or carry the same, unless authorized in writing by the Commission."

The issuance of firearms licenses shall likewise be suspended during the election period, which started September 25 and will end November 10 in connection with the October 25 Barangay and Sangguniang Kabataan elections.

Since the gun ban was implemented last September 25, the Philippine National Police has recorded six election-related violent incidents, including in Batangas, Pangasinan and Bukidnon.

The PNP has arrested 411 individuals: 386 private citizens, five military men, eight policemen and 12 government employees.

Confiscated from the gun ban violators were a total of 356 firearms, five airguns, 86 bladed weapons, and 20 grenades.

At least 36 cases had already been filed against suspected gun ban violators, while 325 people are still undergoing investigation.

Meanwhile, Jimenez also reminded the public that the liquor ban will begin on October 24 and will end midnight of October 25. "The liquor ban means you cannot buy or sell liquor which means you also cannot consume liquor outside of your home," he said.

He likewise reminded candidates that they can no longer campaign on the same dates, unless they want to be found guilty of an election offense.

Under the Omnibus Election Code, an election offense is punishable by one to six years imprisonment, disenfranchisement, and disqualification from holding public office.

Kimberly Jane Tan, GMA News Tv