EN BANC
G.R. No. 223505, October 03, 2017
PHILIPPINE ASSOCIATION OF DETECTIVE AND PROTECTIVE AGENCY OPERATORS (PADPAO), REGION 7 CHAPTER, INC., Petitioner, v. COMMISSION ON ELECTIONS (COMELEC) AND/OR ITS COMMITTEE ON THE BAN ON FIREARMS AND SECURITY PERSONNEL (CBFSP), Respondents.
D E C I S I O N
CAGUIOA, J.:
Before the Court is a petition for certiorari1 under Rule 65 of the Rules of Court assailing the validity of Section 2(e), Rule III of Commission on Elections (COMELEC) Resolution No. 100152 (Resolution No. 10015) filed by petitioner Philippine Association of Detective and Protective Agency Operators (PADPAO), Region 7 Chapter, Inc., which is an association of licensed security agencies and company security forces in Region 7 under Republic Act No. 54873 (RA 5487) or the Private Security Agency Law.
The Assailed COMELEC Resolution
Under Resolution No. 9981,4 the COMELEC set the election period for the May 2016 National and Local Elections beginning on January 10, 2016 up to June 8, 2016 (120 days before and 30 days after the election day).5
On November 13, 2015, the COMELEC promulgated Resolution No. 10015 which provided for the rules and regulations on the ban on bearing, carrying or transporting of firearms and other deadly weapons and the employment, availment or engagement of the services of security personnel or bodyguards during the election period, more commonly referred to as the "Gun Ban." Despite the nomenclature used, it must be noted that the regulation covers not only the subject of firearms, but also the engagement of security services.
Section 1, Rule II of Resolution No. 10015 provides for the prohibited acts during election period:
In turn, Section 1, Rule III of Resolution No. 10015 lists those who may apply for authority to bear, carry, or transport firearms or deadly weapons. Private security services providers (PSSPs),7 which include private security agencies (PSAs), are specifically included. The provision states:RULE II
GENERAL PROVISIONS
SECTION 1. Prohibited Acts. - During the Election Period:
- No person shall bear, carry or transport Firearms or Deadly Weapons outside his residence or place of business, and in all public places, including any building, street, park, and in private vehicles or public conveyances, even if he is licensed or authorized to possess or to carry the same, unless authorized by the Commission, through the CBFSP,6 in accordance with the provisions of this Resolution;
- No person shall employ, avail himself or engage the services of security personnel or bodyguards, whether or not such security personnel or bodyguards are regular members or officers of the Philippine National Police (PNP), the Armed Forces of the Philippines (AFP), other law enforcement agency of the government or from a private security service provider, unless authorized by the Commission, through the CBFSP, in accordance with the provisions of this Resolution;
- No person or entity shall transport and deliver Firearms and/or its parts, Ammunition and/or its components, and Explosives and/or its components, unless authorized by the Commission, through the CBFSP, in accordance with the provisions of this Resolution.
Section 2(e), Rule III of Resolution No. 10015 provides for the documentary requirements for the application:RULE III
AUTHORITY TO BEAR, CARRY OR TRANSPORT FIREARMS OR OTHER DEADLY WEAPONS
SECTION 1. Who may bear, carry or transport firearms or deadly weapons. - Only the following persons may be authorized to bear, carry or transport Firearms or other Deadly Weapons during the Election Period:
x x x x
L. Members of Private Security Service Providers (PSSPs); Provided, That, when in the possession o(Firearms, they are:
- in the agency-prescribed uniform with the agency-issued identification card prominently displayed and visible at all times, showing clearly the name and position;
- in possession of a valid License to Exercise Security Profession (LESP) with Duty Detail Order (DDO), and valid firearms license of the agency/company where they are employed
- deployed by PSA/PDS/CGF duly licensed by the PNP;
- in the actual performance of official duty at his specified place or area of duty; and
- carrying one (1) small firearm, unless specifically allowed otherwise under existing laws. rules and regulations; (Emphasis supplied)
SECTION 2. Application for authority to bear, carry or transport Firearms or Deadly Weapons - All applications shall include:
x x x x
(e) For Private Security Services Providers (Agencies) mentioned in Section 1, paragraph L of Rule III:
SEC. 13. Issuance of Firearms. - A watchman or security agency shall be entitled to possess firearms after having satisfactorily passed the requirements prescribed by the Chief, Philippine Constabulary pertinent to the possession of firearm of any caliber not higher than 45 caliber in a number not exceeding one firearm for every two watchmen or security guards in its employ: Provided, however, That a watchman or security agent shall be entitled to possess not more than one riot gun or shotgun in order to provide adequate security when circumstances so demand: Provided, further, That all the firearms mentioned herein shall be carried by the watchman or security guard only during his tour of duty in proper unifonn within the compound of the establishment except when he escorts big amounts of cash or valuables in and out of said compound.Petitioner maintains that the power to promulgate rules and regulations with regard to said law is granted to the Philippine National Police (PNP), in consultation with the PADPAO, under Section 17 of the said law:
SEC. 17. Rules and Regulations by Chief, Philippine Constabulary. - The Chief of the Philippine Constabulary, in consultation with the Philippine Association of Detective and Protective Agency Operators, Incorporated and subject to the provisions of existing laws, is hereby authorized to issue the rules and regulations necessary to carry out the purpose of this Act.Petitioner also asserts that the COMELEC's powers are defined and limited to election related matters under the 1987 Philippine Constitution. According to petitioner, nothing in the Constitution gives to the COMELEC, even during election period, the power and authority to promulgate rules and regulations relating to the bearing, carrying, and transporting of firearms by PSAs. According to petitioner, in issuing Resolution No. 10015, the COMELEC acted with grave abuse of discretion amounting to lack or excess of jurisdiction.
An action is considered "moot" when it no longer presents a justiciable controversy because the issues involved have become academic or dead or when the matter in dispute has already been resolved and hence, one is not entitled to judicial intervention unless the issue is likely to be raised again between the parties. There is nothing for the court to resolve as the determination thereof has been overtaken by subsequent events.17There are recognized exceptions to the rule; thus, the Court has seen fit to decide cases, otherwise moot, if: first, there is a grave violation of the Constitution; second, the exceptional character of the situation and the paramount public interest are involved; third, when the constitutional issue raised requires formulation of controlling principles to guide the bench, the bar, and the public; and fourth, the case is capable of repetition yet evading review.18
Section 7. Each commission shall decide by a majority vote of all its members any case or matter brought before it within sixty days from the date of its submission for decision or resolution. A case or matter is deemed submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum required by the rules of the commission or by the commission itself. Unless otherwise provided by this constitution or by law, any decision, order, or ruling of each commission may be brought to the Supreme Court on certiorari by the aggrieved party within thirty days from receipt of a copy thereof.The Court has interpreted this constitutional provision to mean final orders, rulings and decisions of the COMELEC en banc rendered in the exercise of its adjudicatory or quasi-judicial powers.23 The petition herein assails the validity of a COMELEC Resolution which was issued under its rule-making power, to implement the provisions of BP 881 and RA 7166. Thus, the period under Rule 64 does not apply.
Section 6, Article IX-A:The COMELEC's power to issue rules and regulations was reiterated in BP 881:
Section 6. Each Commission en banc may promulgate its own rules concerning pleadings and practice before it or before any of its offices. Such rules, however, shall not diminish, increase, or modify substantive rights.
Section 2, Article IX-C:
Section 2. The Commission on Elections shall exercise the following powers and functions:
(1) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall.
In Aquino v. COMELEC,24 the Court recognized the wide latitude given to the COMELEC by the Constitution and by law to enforce and implement election laws to fulfil its mandate of ensuring free, orderly, peaceful, and honest elections. The Court held:Article VII. THE COMMISSION ON ELECTIONS
SEC. 52. Powers and functions of the Commission on Elections. - In addition to the powers and functions conferred upon it by the Constitution, the Commission shall have exclusive charge of the enforcement and administration of all laws relative to the conduct of elections for the purpose of ensuring free, orderly and honest elections, and shall:
x x x x
(c) Promulgate rules and regulations implementing the provisions of this Code or other laws which the Commission is required to enforce and administer x x x. (Emphasis supplied)
A common and clear conclusion that we can gather from these provisions is the obvious and unequivocal intent of the framers of the Constitution and of the law to grant the COMELEC with powers, necessary and incidental to achieve the objective of ensuring free, orderly, honest, peaceful and credible elections.In Lakin, Jr. v. COMELEC,26 the Court also ruled:
Thus, expressly, the Constitution and the laws grant the COMELEC with the power, first and foremost, to "[e]nforce and administer all laws and regulations relative to the conduct of an election," and second, to "promulgate rules and regulations." Together, these powers ensure that the COMELEC is well armed to properly enforce and implement the election laws and enable it to fill in the situational gaps which the law does not provide for or which the legislature had not foreseen.25
The COMELEC is constitutionally mandated to enforce and administer all laws and regulations relative to the conduct of an election, a plebiscite, an initiative, a referendum, and a recall. In addition to the powers and functions conferred upon it by the Constitution, the COMELEC is also charged to promulgate IRRs implementing the provisions of the Omnibus Election Code or other laws that the COMELEC enforces and administers.27COMELEC's Resolution No. 10015 finds statutory basis in BP 881 and RA 7166:
B.P. 881Contrary to PADPAO's position, the Constitution and the cited laws specifically empower the COMELEC to issue rules and regulations implementing the so-called Gun Ban during election period.
SEC. 261. Prohibited Acts. - The following shall be guilty of an election offense:
x x x x
(q) Carrying firearms outside residence or place of business. - Any person who, although possessing a permit to carry firearms, carries any firearms outside his residence or place of business during the election period, unless authorized in writing by the Commission: Provided, That a motor vehicle, water or air craft shall not be considered a residence or place of business or extension hereof.
This prohibition shall not apply to cashiers and disbursing officers while in the performance of their duties or to persons who by nature of their official duties, profession, business or occupation habitually carry large sums of money or valuables. (Emphasis supplied)
R.A. 7166
SEC. 32. Who May Bear Firearms. - 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 firearm licenses shall be suspended during the election period.
Only regular members or officers of the Philippine National Police, the Armed Forces of the Philippines and other law enforcement agencies of the Government who are duly deputized in writing by the Commission for election duty may be authorized to carry and possess firearms during the election period: Provided, That, when in the possession of firearms, the deputized law enforcement officer must be: (a) in full uniform showing clearly and legibly his name, rank and serial number which shall remain visible at all times; and (b) in the actual performance of his election duty in the specific area designated by the Commission.
x x x x
SEC. 35. Rules and Regulations. - The Commission shall issue rules and regulations to implement this Act. Said rules shall be published in at least two (2) national newspapers of general circulation. (Emphasis supplied)
Evidently, the COMELEC had the authority to promulgate Resolution No. 8714 pursuant to Section 35 of R.A. No. 7166. It was granted the power to issue the implementing rules and regulations of Sections 32 and 33 of R.A. No. 7166. Under this broad power, the COMELEC was mandated to provide the details of who may bear, carry or transport firearms or other deadly weapons, as well as the definition of "firearms," among others. These details are left to the discretion of the COMELEC, which is a constitutional body that possesses special knowledge and expertise on election matters, with the objective of ensuring the holding of free, orderly, honest, peaceful and credible elections.PADPAO's insistence that the power to issue rules and regulations in relation to the operation of PSAs belongs exclusively to the PNP is specious. In RA 5487, it is the PNP that exercises general supervision over the operation of all private detective and watchman security guard agencies. It has the exclusive authority to regulate and to issue the required licenses to operate security and protective agencies.30 The COMELEC does not encroach upon this authority of the PNP to regulate PSAs - as it merely regulates the bearing, carrying, and transporting of firearms and other deadly weapons by PSAs and all other persons, during election period.
x x x x
A license to possess an airsoft gun, just like ordinary licenses in other regulated fields, does not confer an absolute right, but only a personal privilege to be exercised under existing restrictions, and such as may thereafter be reasonably imposed.
x x x x
The Court holds that the COMELEC did not gravely abuse its discretion in including airsoft guns and airguns in the term firearm in Resolution No. 8714 for purposes of the gun ban during the election period, with the apparent objective of ensuring free, honest, peaceful and credible elections this year. x x x29 (Emphasis supplied)
The right of individuals to bear arms is not absolute, but is subject to regulation. The maintenance of peace and order and the protection of the people against violence are constitutional duties of the State, and the right to bear arms is to be construed in connection and in harmony with these constitutional duties.32aLastly, RA 5487 is not a blanket authority on PSAs to carry firearms. Even if they are licensed as a security agency, they must still apply for license to own and possess a firearm as required under RA 1059133 or the Comprehensive Firearms and Ammunition Regulation Act.
Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.The equal protection clause means that "no person or class of persons shall be deprived of the same protection of laws which is enjoyed by other persons or other classes in the same place and in like circumstances."34 The guaranty of the equal protection of the laws is not violated by a legislation based on a reasonable classification. The equal protection clause, therefore, does not preclude classification of individuals who may be accorded different treatment under the law as long as the classification is reasonable and not arbitrary.35
x x x x
Section 10. No law impairing the obligation of contracts shall be passed.
[N]o private person is bound to keep arms. Whether he does or not is entirely optional with himself, but if, for his own convenience or pleasure, he desires to possess arms, he must do so upon such terms as the Government sees fit to impose, for the right to keep and bear arms is not secured to him by law. The Government can impose upon him such terms as it pleases. If he is not satisfied with the terms imposed, he should decline to accept them, but, if for the purpose of securing possession of the arms he does agree to such conditions, he must fulfill them. x x x 39Furthermore, the imposition of the license fee is germane to the purpose of the law, which is to regulate the bearing, carrying, and transporting of firearms during the election period. It is not limited to existing conditions only as it applies similarly to cashiers, disbursing officers, PSSPs, and PSAs during election period.
A perusal of Section 261 (s) in its entirety would show that, as a rule, the bearing of arms by a member of security or police organization of a government office or of a privately owned security agency outside the immediate vicinity of one's place of work is prohibited. Implicitly, the bearing of arms by such person within the immediate vicinity of his place of work is not prohibited and does not require prior written approval from the Commission. However, Section 261 (s) also lays down exceptions to this rule and states that the general prohibition shall not apply in three instances: (a) when any of the persons enumerated therein is in pursuit of another person who has committed or is committing a crime in the premises the former is guarding; (b) when such person is escorting or providing security for the transport of payrolls, deposits, or other valuables; and (c) when he is guarding private residences, buildings or offices. It is only in the case of the third exception that it is provided that prior written approval from the COMELEC shall be obtained.42Thus, there is nothing in Rimando that would support petitioner's tenuous contentions. Precisely, Resolution No. 10015 provides for the requirements to obtain written authority from the COMELEC to bear, carry, and transport firearms or dangerous weapons outside one's residence or place of work, or in any public place only during the election period.
Endnotes:
1Rollo, pp. 3-39.
2 RULES AND REGULATIONS ON: (1) THE BAN ON THE BEARING, CARRYING OR TRANSPORTING OF FIREARMS AND OTHER DEADLY WEAPONS; AND (2) THE EMPLOYMENT, AVAILMENT OR ENGAGEMENT OF THE SERVICES OF SECURITY PERSONNEL OR BODYGUARDS DURING THE ELECTION PERIOD OF THE MAY 9, 2016 SYNCHRONIZED NATIONAL AND LOCAL ELECTIONS, promulgated on November 13, 2015.
3 AN ACT TO REGULATE THE 0RGANIZATION AND OPERATION OF PRIVATE DETECTIVE, WATCHMEN OR SECURITY GUARD AGENCIES, as amended by Presidential Decree Nos. 11, 100, and 1919.
4 IN THE MATTER OF PRESCRIBING THE CALENDAR OF ACTIVITIES AND PERIODS OF CERTAIN PROHIBITED ACTS IN CONNECTION WITH THE MAY 09, 2016 NATIONAL AND LOCAL ELECTIONS, promulgated on August 18, 2015.
5 1987 CONSTITUTION, Art. IX-C, Sec. 9 which provides:
Sec. 9. Unless otherwise fixed by the Commission in special cases, the election period shall commence ninety days before the day of election and shall end thirty days thereafter.
6 Committee on the Ban on Firearms and Security Personnel (Section 1[e], Rule 1, Resolution No. 10015).
7 Private Security Service Provider (PSSP) refers to a Private Security Agency (PSA), Private Detective Agency (PDA) or Company Guard Force (CGF); COMELEC Resolution No. 10015, Rule I, Section 1(p).
8 616 Phil. 562 (2009).
9Rollo, pp. 141-179.
10 www.comelec.gov.ph.
11 OMNIBUS ELECTION CODE OF THE PHILIPPINES. Section 52 of BP 881 provides:
SEC. 52. Powers and functions of the Commission on Elections. - In addition to the powers and functions conferred upon it by the Constitution, the Commission shall have exclusive charge of the enforcement and administration of all laws relative to the conduct of elections for the purpose of ensuring free, orderly and honest elections, and shall:
x x x x
(c) Promulgate rules and regulations implementing the provisions of this Code or other laws which the Commission is required to enforce and administer, and require the payment of legal fees and collect the same in payment of any business done in the Commission, at rates that it may provide and fix in its rules and regulations.
12 AN ACT PROVIDING FOR SYNCHRONIZED NATIONAL AND LOCAL ELECTIONS AND FOR ELECTORAL REFORMS AUTHORIZING APPROPRIATIONS THEREFOR, AND FOR OTHER PURPOSES. Section 35 of RA 7166 provides:
SEC. 35. Rules and Regulations. - The Commission shall issue rules and regulations to implement this Act. Said rules shall be published in at least two (2) national newspapers of general circulation.
13 B.P. 881, Section 261 provides:
SEC. 261. Prohibited Acts. -The following shall be guilty of an election offense:
x x x x
(q) Carrying firearms outside residence or place of business. - Any person who, although possessing a permit to carry frrearms, carries any frrearrns outside his residence or place of business during the election period, unless authorized in writing by the Commission: Provided, That a motor vehicle, water or air craft shall not be considered a residence or place of business or extension hereof.
This prohibition shall not apply to cashiers and disbursing officers while in the performance of their duties or to persons who by nature of their official duties, profession, business or occupation habitually carry large sums of money or valuables.
R.A. 7166, Section 32 provides:
SEC. 32. Who May Bear Firearms. - During the election period, no person shall bear, carry or transport frrearms 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 frrearm licenses shall be suspended during the election period.
Only regular members or officers of the Philippine National Police, the Armed Forces of the Philippines and other law enforcement agencies of the Government who are duly deputized in writing by the Commission for election duty may be authorized to carry and possess frrearms during the election period: Provided, That, when in the possession of frrearms, the deputized law enforcement officer must be: (a) in full uniform showing clearly and legibly his name, rank and serial number which shall remain visible at all times; and (b) in the actual performance of his election duty in the specific area designated by the Commission.
14Rimando v. COMELEC, supra note 8, at 577.
15Rollo, pp. 189-203.
16 G.R. Nos. 209271, 209276, 209301 & 209430, July 26, 2016, 798 SCRA 250.
17 Id. at 270.
18 Id. at 270-271.
19 Id. at 287.
20 RULES AND REGULATIONS ON THE: (1) BEARING, CARRYING OR TRANSPORTING OF FIREARMS OR OTHER DEADLY WEAPONS; AND (2) EMPLOYMENT, AVAILMENT OR ENGAGEMENT OF THE SERVICES OF SECURITY PERSONNEL OR BODYGUARDS, DURING THE ELECTION PERIOD FOR THE MAY 10, 2010 NATIONAL AND LOCAL ELECTIONS.
21 RULES AND REGULATIONS ON: (1) THE BAN ON THE BEARING, CARRYING OR TRANSPORTING OF FIREARMS AND OTHER DEADLY WEAPONS; AND (2) THE EMPLOYMENT, AVAILMENT OR ENGAGEMENT OF THE SERVICES OF SECURITY PERSONNEL OR BODYGUARDS DURING THE ELECTION PERIOD OF THE MAY 13, 2013 AUTOMATED SYNCHRONIZED NATIONAL, LOCAL ELECTIONS AND ARMM REGIONAL ELECTIONS, As AMENDED.
22 SEC. 3. Time to file petition. - The petition shall be filed within thirty (30) days from notice of the judgment or fmal order or resolution sought to be reviewed. The filing of a motion for new trial or reconsideration of said judgment or fmal order or resolution, if allowed under the procedural rules of the Commission concerned, shall interrupt the period herein fixed. If the motion is denied, the aggrieved party may file the petition within the remaining period, but which shall not be less than five (5) days in any event, reckoned from notice of denial.
23Cayetano v. Commission on Elections, 663 Phil. 694, 701 (2011).
24 756 Phil. 80 (2015).
25 Id. at 102.
26 635 Phil. 372 (2010).
27 Id. at 393.
28 630 Phil. 670 (2010).
29 Id. at 682-685.
30Ferrer v. Office of the Ombudsman, 583 Phil. 50, 62 (2008).
31 475 Phil. 486 (2004).
32 Issued on January 31, 2003.
[32a] Chavez v. Romulo, supra note 31, at 491.
33 AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON FIREARMS AND AMMUNITION AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF. Section 5 provides:
SEC. 5. Ownership of Firearms and Ammunition by a Juridical Entity. - A juridical person maintaining its own security force may be issued a regular license to own and possess frrearms and ammunition under the following conditions:
(a) It must be Filipino-owned and duly registered with the Securities and Exchange Commission (SEC);
(b) It is current, operational and a continuing concern;
(c) It has completed and submitted all its reportorial requirements to the SEC; and
(d) It has paid all its income taxes for the year, as duly certified by the Bureau of Internal Revenue.
The application shall be made in the name of the juridical person represented by its President or any of its officers mentioned below as duly authorized in a board resolution to that effect: Provided, That the officer applying for the juridical entity, shall possess all the qualifications required of a citizen applying for a license to possess frrearms.
Other corporate officers eligible to represent the juridical person are: the vice president, treasurer, and board secretary.
Security agencies and LGUs shall be included in this category of licensed holders but shall be subject to additional requirements as may be required by the Chief of the PNP.
34National Power Corporation v. Pinatubo Commercial, 630 Phil. 599, 609 (2010).
35 Id.
36Commissioner of Customs v. Hypermix Feeds Corporation, 680 Phil. 681, 693 (2012).
37SECTION 1. Who may bear, carry or transport firearms or deadly weapons. - Only the following persons may be authorized to bear, carry or transport Firearms or other Deadly Weapons during the Election Period:38 10 Phil. 637 (1908).
- The President of the Republic of the Philippines;
- The Vice-President of the Republic of the Philippines;
- Senators and Members of the House of Representatives (who are not candidates);
- Cabinet Secretaries;
- The Chief Justice and Justices of the Supreme Court, Justices of the Court of Appeals, Sandiganbayan, and Court of Tax Appeals; and Judges of the Regional Trial courts and Municipal/Metropolitan/Circuit Trial Courts;
- The Ombudsman and Deputy Ombudsmen;
- The Chairmen and Commissioners of the Civil Service Commission (CSC) and the Commission on Audit (COA);
- The Chairperson and Commissioners of the Commission on Human Rights;
- Security Personnel of Foreign Diplomatic Corps, Missions and Establishments under international law, including Foreign Military Personnel in the Philippines covered by existing treaties and international agreements endorsed by the Secretary of the Department of Foreign Affairs and the Heads of Missions of foreign countries in the Philippines.
- Regular officers, members, and agents of the following agencies of the government who are actually performing law enforcement and/or security functions, x x x:
x x x x
- Officers and Members of the Philippine National Police (PNP);
- Commissioned Officers (COs), Non-Commissioned Officers (NCOs) and Enlisted Personnel (EP) of the Armed Forces of the Philippines (AFP);
- National Bureau oflnvestigation (NBI);
- Provincial and City Jails, Bureau of Corrections (BuCor), Department of Justice;
- Bureau of Jail Management and Penology (BJMP);
- (a) Intelligence Division and (b) Investigation Division of the Intelligence and Investigation Service; and the (c) Customs Police Division of the Enforcement and Security Service of the Bureau of Customs (BoC);
- Port Police Department, Philippine Ports Authority (PPA);
- Philippine Economic Zone Authority (PEZA) police forces;
- Government Guard Units (GGUs) regulated by the PNP under RA No. 5487;
- (a) The Commissioner and Deputy Commissioners, (b) members of the Law and Investigation Division and (c) members of the Intelligence Division, Bureau of Immigration (BI);
- Manila International Airport (MIA) Authority Police Force;
- Mactan-Cebu International Airport Authority Police Force;
- Law Enforcement Service of the Land Transportation Office (LTO);
- Philippine Coast Guard (PCG);
- Cebu Port Authority Police Force;
- Internal Security Operations Group (ISOG) of the Witness Protection, Security and Benefits Program of the Department of Justice;
- Enforcement and Investigation Division, Optical Media Board (OMB);
- (a) The Security Investigation and Transport Department (SITD), (b) Cash Department and (c) the Office of Special Investigation (OSI), Branch Operations of the Bangko Sentral ng Pilipinas (BSP);
- Offices of the Sergeant-At-Arms (OSAA) of(a) the Senate and (b) the House of Representatives, including the OSAA designated regular security escorts of Senators and Congressmen;
- Inspection Service of the Philippine Postal Corporation (PhilPost);
- Inspection, Monitoring and Investigation Service of the National Police Commission (NAPOLCOM);
- Forest Officers defmed under PD No. 705, Forest/Park Rangers, Wildlife Officers, and Forest Protection and Law Enforcement Officers of the Department of Environment and Natural Resources (DENR) under DAO No. 1997-32;
- Intelligence and Security Unit, Office of the Secretary, Department of Foreign Affairs (DFA);
- Philippine Drug Enforcement Agency (PDEA);
- Philippine Center for Transnational Crime (PCTC);
- National Intelligence Coordinating Agency (NICA);
- Civilian Armed Forces Geographical Units (CAFGU) Active Auxiliaries and Special Civilian Armed Forces Geographical Units Active Auxiliaries already constituted upon the effectivity of this Resolution while within the barracks;
- Presidential Security Group (PSG);
- Internal Security Division of the Bureau of the Treasury (BoT), the Treasurer and Deputy Treasurers of the Philippines;
- Internal Security of the Office of the Vice-President;
- The Secretary, Undersecretaries, Assistant Secretaries of the Department of the Interior and Local Government and the Internal Security of the Office of the Secretary of the Interior and Local Government;
- Internal Security of the Office of the Secretary of National Defense;
- The Secretary, Undersecretaries, Assistant Secretaries, The Prosecutor General, Chief State Prosecutor, and the State, Regional, Provincial and City Prosecutors, Department of Justice;
- The Solicitor-General;
- Investigators and Prosecutors of the Office of the Ombudsman;
- The Chief Public Attorney; and
- The officers and members of departments/divisions/offices/units/detachments performing law enforcement and/or security functions;
- Cashiers and disbursing officers or persons who by the nature of their official duties, profession, business or occupation habitually carry large sums of money or valuables; x x x:
x x x x- Members of Private Security Service Providers (PSSPs); x x x:
x x x x- The Chairman and the Commissioners of the Commission on Elections, the Executive Director, Deputy Executive Directors, Directors and Lawyers employed by and holding office in the Main Office of the Commission, Regional Election Directors, Assistant Regional Election Directors, Chiefs-of-Staff of the Offices of the Chairman and Commissioners, Provincial Election Supervisors, Regional Attorneys and Election Officers, and Organic Security Officers of the Commission on Elections.
39 Id. at 639.
40Philippine Amusement and Gaming Corp. v. Bureau of Internal Revenue, 660 Phil. 636, 655-656 (2011).
41 SEC. 261. Prohibited Acts. - The following shall be guilty of an election offense:x x x x42Rimando v. COMELEC, supra note 8, at 577-578.
(s) Wearing of uniforms and bearing arms. During the campaign period, on the day before and on election day, any member of security or police organization of government agencies, commissions, councils, bureaus, offices, or government-owned or controlled corporations, or privately-owned or operated security, investigative, protective or intelligence agencies, who wears his unifonn or uses his insignia, decorations or regalia, or bears arms outside the immediate vicinity of his place of work: Provided, That this prohibition shall not apply when said member is in pursuit of a person who has committed or is committing a crime in the premises he is guarding; or when escorting or providing security for the transport of payrolls, deposits, or other valuables; or when guarding the residence of private persons or when guarding private residences, buildings or offices: Provided, further, That in the last case prior written approval of the Commission shall be obtained. The Commission shall decide all applications for authority under this paragraph within fifteen days from the date of the filing of such application.