Comelec asked to reconsider total gun ban

CEBU, Philippines - The Integrated Bar of the Philippines Cebu City Chapter has issued a resolution requesting the Commission on Elections to reconsider its absolute gun ban policy.

Lawyers Earl Bonachita and Democrito Barcenas, in a motion filed last January 12 urged the Comelec to restudy its position on an absolute gun ban and to reconsider the request of judges, prosecutors, and practicing lawyers who are either receiving threats or are handling sensitive and high-risk cases.

Both lawyers also advised Comelec to issue guidelines to detail the requirements and define who will be covered by the exemption for the proper conduct and implementation of the gun ban policy to avoid abuses and circumvention of the exemption.

Section 1 of Comelec Resolution No. 8714 states that “No person shall bear, carry, or transport firearms or other deadly weapons in public places including all public buildings, streets, parks, and private vehicles or public conveyances, even if licensed to possess or carry the same”.

IBP Cebu City Chapter officers said that they have received reports that some judges of the Regional Trial Court requested the Comelec for an exemption from gun ban but were denied.

The Comelec, however, suggested that security personnel be designated to judges who are facing threats.

The IBP said that the suggestion of Comelec to appoint security personnel to judges who are facing threats is noteworthy but not enough to secure them.

The doctrine of self-defense, according to them, has to be invoked because the State has itself recognized that it is impossible for the State to prevent all cases of aggression to its constituents or to defend those who are unjustly attacked.

The government’s admission that it lacks enlisted personnel in the service implies that the government cannot secure all judges, prosecutors, and lawyers whose lives are at risk by reason of their profession.

Moreover, lawyer Veronico Petalcorin, Comelec assistant regional director said that in Region 7 alone, the motion is “very welcome”.

“We understand their motion because of the nature of their job…it is a valid request and contention,” he said.

The Comelec en banc, according to him will be the one to approve the request. —Marjun A. Baguio/BRP   (FREEMAN NEWS)