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Allow private gun owners exemption from election ban, Supreme Court asked

Police said the bullet-riddled body of Mario Arroyo, 61, was found in his farm in a village in Davao City shortly before dawn on Sunday, or two hours after the Commission on Elections (Comelec) ordered the 151-day gun ban starting January 10 to June 8.

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During the election period, it is prohibited to carry or transport firearms or other deadly weapons, unless a holder seeks exemption from the Comelec.

The PNP and the Armed Forces of the Philippines will ensure the strict implementation of the gun ban and will set up Comelec checkpoints in strategic areas.

But the petitioners stressed that the Omnibus Election Code and Republic Act (RA) 7166 clearly states that the restriction on the bearing of firearms is not absolute.

The petition asked the SC to order the Comelec to entertain applications from private license-holders for the Certificate of Authority (CA), an exemption from the gun ban. “But by not exempting private citizens with PTCFORs, who are deemed by RA 10591 to be facing the same threat, the Comelec is violating the constitutional right to equal protection of ordinary citizens, by giving these government officials unwarranted special treatment”, the petitioners said.

Chief Supt. Wilben Mayor, chief of the Public Information Office of the Philippine National Police (PNP), said the PNP would respect the position of the group.

“Respondents Comelec recognized the threat to the lives and safety of certain government officials and employees, and accordingly granted them exemptions from the gun ban, yet in the same breath chose to violate the Petitioners’ clear legal right to defend themselves from the very same threats, by suspending all PTCFORs and refusing to grant exemptions”, they said.

Resolution 10015 outlines the rules and regulations on the ban.

The petitioners have also asked the high court to issue a status quo ante order to Comelec and the PNP, so that while the case is pending, they will lift the suspension of PTCFORs provided there is a corresponding exemption from Comelec that an individual PTCFOR holder can present. Marcos said motorists are also not required to open their vehicle’s glove compartment, trunk or bags.

Police officers and soldiers could only do a visual search.

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The PNP also urged motorists to take photographs of any violations they see at a checkpoint.

Philippines enforces total gun ban as election period begins