PNP Articles 2007

January

PERTINENT PROVISIONS OF THE COMELEC RESOLUTION IN CONNECTION WITH THE MAY 14, 2007 NATIONAL & LOCAL ELECTIONS--COMELEC RESOLUTION NO. 7764A PROMULGATED ON JANUARY 5, 2007

AMENDMENT TO RESOLUTION NO. 7764A, RULES AND REGULATION ON: (A) BEARING, CARRYING OR TRANSPORTING FIREARMS OR OTHER DEADLY WEAPONS; (B) SECURITY PERSONNEL OR BODYGUARDS; (C) BEARING ARMS BY ANY MEMBER OF SECURITY OR POLCIE ORGANIZATION OF GOVERNMENT AGENCIES AND OTHER SIMILAR ORGANIZATION; (D) ORGANIZATION OR MAINTENANCE OF REACTION FORCES DURING THE ELECTION PERIOD IN CONNECTION WITH THE NATIONAL AND LOCAL ELECTIONS”

Section 2. PROHIBITIONS FROM JANUARY 14, 2007 – JUNE 13, 2007:

•  Any person, including those possessing a permit to carry firearms outside of residence or place of business, to bear, carry or transport firearms or other deadly weapons in public places including all public buildings, streets, parks, and private vehicles or public conveyances;

•  Any AFP and PNP member or any other law enforcement agency of the government, to bear firearms outside their respective barracks, garrisons, camps, offices or such other military or police installations;

•  Any candidate for public office, or any other person, to employ, avail himself of or engage the services of security personnel or bodyguard, whether or not such bodyguards are members or officers of the PNP, the AFP or any other law enforcement agency of the government, unless duly authorized by his commanders and granted exemption by the Commission;

•  Any person to act as security personnel or bodyguard of any candidate or to authorize or order such assignment;

•  Any member of security or police organization of government agencies, commissions, councils, bureaus, offices or government-owned or control corporations or privately-owned or operated security, investigative, protective or intelligence agencies, to bear firearms outside the immediate vicinity of his place of works; and

•  Any person to organize or maintain reaction forces, strike forces or any other similar forces.

Section 3. EXCEPTIONS

•  Officers or members of the AFP, PNP, or any law enforcement agency constituting the normal security personnel complement, while in actual performance of their duties;

•  Members of the AFP/PNP and other government law enforcement agencies, except those who are under suspension and those with administrative or criminal charges. When in the possession of FAs, the law enforcement officer must be (1) in full uniform; (2) in the actual performance of duty in the specific area designated in the mission order; and (3) in going to or returning from residence/barracks/official stations;

•  Incumbent justices of the Supreme Court, Court of Appeals, Sandiganbayan, and Provincial Prosecutors, Ombudsman, and Chief of the Public Attorney's Office;

•  Cashiers and disbursing officers of government or private entities while in the actual performance of their duties, if authorized in writing by the Commission;

•  Members of duly authorized security or police organization of government agencies, commissions, councils, bureaus, offices or government-owned or controlled corporations or privately-owned or operated security, investigate, protective or intelligence agencies, guards of the Bureau of Jial Management and Penology who possessed certificate of exemption/permit issued by the Commission, provided they shall be in the actual performance in the specific area of their assignment, and in full uniform;

•  Members of the AFP and PNP:

•  When the President of the Philippines shall have given previous authority therefore, in the interest of preserving law and order, and the Commission notified in writing;

•  When authorized by the Commission, which shall issue the permit only if it is necessary for the maintenance of free, peaceful, orderly, honest and credible elections; and

•  Military or police personnel, including members of the AFP and PNP intelligence units, such as the ISAFP, AFPWSSU, NBI or PDEA, whose true names, rank, office and series numbers are registered with the Commission.

•  Regular agents of the NBI, NAPOLCOM, and NICA when conducting legitimate official operations or missions with prior written specific authority of the Commission;

•  Member of the PNP, NBI and other law enforcement agencies of the government authorized to act as bodyguards of candidates subject to the conditions;

•  Security to accredited members of the diplomatic and consular personnel and establishment as governed by international law, provided that an official list of the security personnel for the diplomatic officers and establishments be furnished the Commission; and

•  Director II and IV of the COMELEC, all members of the Committee on Firearms and Security Personnel, and bonafide members of accredited Gun Clubs.

Section 4. SUSPENSIONS OF PERMITS TO CARRY FIREARMS AND ISSUANCE OF MISSION ORDERS AND MEMORANDUM RECEIPTS

•  Any PTCFOR, MO and MR issued prior to the effectivity of this Resolution and covered by the prohibition;

•  During the election period, all authority to issue MO and MR to civilians pursuant to Sections 4 and 5 of the IRR of PD 1866 (Codifying the law on illegal/unlawful possession of firearms); and

•  The PNP to submit to the Commission, a complete list of all PTCFOR or similar authorization issued to civilians and members of authorized security agencies with fifteen (15) days from the effectivity hereof. The AFP and the PNP shall submit a complete list of all MR and MO or similar authorization issued to civilians. The NBI shall also submit a complete list of MR and MO or similar authorization issued to its regular agents.

Section 5.

•  COMMITTEE ON FIREARMS AND SECURITY PERSONNEL – A committee on Firearms and Security Personnel composed of the COMELEC Chairman, as Chairman, The Director of the Law Department of COMELEC as Vice-Chairman, two (2) representatives each from AFP and the PNP as members, which shall determine whether or not an applicant for exemption of gun ban may be authorized to carry, bear or transport firearms, or for the employment of security personnel falls within the exception provided for.

•  REGIONAL COMMITTEE ON FIEARMS AND SECURITY PERSONNEL –There shall also constitute a Regional Committee on Firearms and Security (Regional Committee) composed of the Regional Election Director (RED) as Chairman, the Assistant Regional Director as Vice Chairman and the PNP Regional Director as member, which shall act only on requests for exemption of guards of the BJMP who will escort prisoner(s) pursuant to lawful order.

Section 6. PROCEDURE FOR EXEMPTION – Any person seeking (a) authority to carry firearms outside the residence or place of business under the Omnibus Election Code; or (b) exemption form the prohibition on bearing, carrying or transporting firearms under Republic Ac No. 7166, shall file with the Committee a written request for exemption in three (3) copies, stating his full name and exact place of residence and/or business, official receipt number of payment of firearm tax, and such other data as may be required by the Commission.

Section 7. APPLICATION FOR SECURITY PERSONNEL OR BODYGUARD –The Committee may authorize the Chief, Philippine National Police to assign not more than two (2) regular members of the PNP, save in exceptionally meritorious circumstances, where not more than five (5) regular members of the police may be assigned as such security, or the NBI Director to assign one (1) or more regular agents of the said agency, who shall provide him security.

Section 8. CONFISCATION OF FIREARMS – COMELEC deputized units such as the PNP and AFP to effect the confiscation of firearms of any member of the AFP, police force, home defense forces and other government departments, commissions, councils, bureaus, offices and other agencies performing identical or similar function who do not posses the necessary authorization from the Commission to carry, posses, or transport firearms.

Section 9. PROHIBITED ORGANIZATION OR MAINTENANCE OF REACTION FORCES, STRIKE FORCES OF OTHER SIMILAR FORCES- Organization of any reaction forces, strike force, civilian security force or similar force during the election period shall be unlawful and hereby ordered disbanded immediately.

Section 10. MONTHLY REPORTS - The PNP and the AFP through the CPNP and CSAFP, respectively, shall submit to the Commission monthly reports beginning January 31, 2007 and every moth thereafter during the election period, covering the following:

•  Current status of the enforcement (i.e. number of arrest, and confiscated firearms, etc) of the prohibition on the unauthorized carrying, bearing and transporting of firearms; and

•  The peace and order situation in various [arts of the country, including insurgency, the existence and size of private armies, the intensity of political rivalries and other circumstances, that may affect the conduct of the elections.

B. COMELEC RESOLUTION NO. 7788 promulgated on November 28, 2006, entitled: ‘ DEPUTATION OF THE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT, INCLUDING THE NATIONAL POLICE COMMISSION AND THE PHILIPPINE NATIONAL POLICE AND OTHER LAW ENFORCEMENT AGENCOES FOR THE PURPOSE OF ENSURING FREE, ORDERLY, HONEST, PEACEFU; AND CREDIBLE CONDUCT OF MAY 14, 2007 SYNCHRONIZED NATIONAL AND LOCAL ELECTION.'

Section 1. THE NATIONAL POLICE COMMISION AND THE PHILIPPINE NATIONAL POLICE:

•  Effect no changes, during the election period, in the assignments of Regional, District, Provincial, City and Station Unit Commanders and all PNP personnel without the prior written permission of the Commission;

•  Direct the officers any members of the PNP to strict observe the following duties and functions:

•  Provide security to polling places, members of the boards of election inspectors, voters, COMELEC personnel, and representatives performing duties and functions in connection with the elections;

•  Protect the voters from threats intimidation, coercion, harassment or reprisal;

•  Enforce the following prohibited acts under the Section 261 of the Omnibus Election Fode:

•  Para (m) on appointment or use of special policemen, special agents, confidential agents or the like;

•  Para (p) on possession of deadly weapons;

•  Para (q)on carrying of firearms outside residence or place of business;

•  Para (r) on the use of armored land vehicles, water or aircraft;

•  Para (s) as amended by Section 33 of Republic Act No, 7166 on wearing of uniforms and bearing od arms;

•  Para (t) as amended by Section 33 of Republic Act 7166, on policemen and provincial guards acting as bodyguards or security guards;

•  Para (u) on reaction, strike force or similar forces; and

•  Ban on dispensing, selling, and taking intoxicating liquor.

•  Prevent members of civilian vigilante units and barangay tanods from engaging in partisan political activities or any act of terrorism, intimidation, coercion, harassment, or reprisal;

•  Prevent private security agencies from acting as private armies of any candidate, or as campaigners for terroristic or violent acts against persons;

•  Implement strictly the rules and regulation promulgated by the Commission in provinces, cities, municipalities and barangays which may placed under COMELEC control;

•  Enforce specific orders of the Commission to confiscate or tear down prohibited election propaganda or advertisement; and

•  Render periodic reports on actions the in accordance with this deputation.

C. COMELEC RESOLUTION NO. 7765 promulgated on November 28, 2006 entitled: “INSTRUCTION/ TO CHIEFS OF POLICE OF CITIES/MUNICIPALITIES ON THE CONDUCT OF PRELIMINARY EXAMINATION ON THE VIOLATION OF THE NABS ON FOREARMS OTHER DEADLY WEAPONS AND SECURITY PERSONNEL IN CONNECTION WITH MAY 14, 2007 NATIONAL AND LOCAL ELECTIONS.

Section 1. PRELIMINARY EXAMINATION: WHO CONDUCTS – The Chief of Police or his duly authorized PNP representatives shall conduct the preliminary examination of all apprehensions for violation of the bans on the bearing, carrying, and transporting of firearms and other deadly weapons, use of armored land, water, or aircraft, wearing of uniforms and bearing arms, and in the employment security personnel and bodyguards organization of maintenance of strike forces and other similar forces in their respective areas of jurisdiction.

Section 2. PROCEDURE- The Chief oh Police or his duly authorized Investigator shall (a) take the affidavit of the arresting officer or policeman indicating therein the fact of arrest and the circumstances surrounding the arrest; (b) take the statement of the respondent; (c) confiscate the firearm and issue the proper receipt therefore; (d) cause the respondent to sign an affidavit binding himself to be present at the preliminary investigation at a later before the prosecutor and that failure to do so shall constitute a waiver to present evidence for his defense; and (e) take the statement of witnesses, if any.

Section 3. RIGHTS OF ARRESTED PERSONS – Any person arrested for violation of the bans specifies in Sec. 1 hereof undergoing preliminary examination must be treated humanely and with utmost respect of his constitutional and human rights.

Section 4. DISPOSITION OF DOCUMENTS AND EVIDENCE - The Chief of Police shall submit the investigation report, together with all documents and evidences gathered during the preliminary examination within three (3) days from arrest to the corresponding provincial/city prosecutor.

D. COMELEC RESOLUTION NO. 7784 promulgated on December16, 2006, entitled “IN THE MATTER OF EXERCISINF SUPERVISION AND CONTROL OVER THE PHILIPPINE NATIONAL POLICE IN CONNECTION WITH THE MAY 14, 2006 NATIONAL AND LOCAL ELECTIONS.”

The COMELEC to exercise direct operational supervision and control over the PNP through the PNP Director General from April 14, 2007 to June 13, 2007. During the said period the Commission on Elections shall prevail over those emanating from any other authority except the President of the Philippines.

E. COMELEC RESOLUTION NO. 7707 promulgated on August 30 was also published and distribution to all Regional Election Director, Provincial Election Supervisors, Election Officers and all Department, Bureaus, Officers and Agencies deputized by the Commission.

CIDG CHIEF GETS 2nd STAR, 4 MORE POLICE GENERALS NAMED

PNP Chief Director General Oscar C Calderon has issued the General Orders conferring the next higher rank to the newly-promoted police officials.

Promoted to the rank of Police Director (2-Star General) is Police Director Edgardo M Doromal, Director of the Criminal Investigation & Detection Group.

Promoted to the rank of Chief Superintendent (1-Star General) are:

•  Chief Superintended Romeo C Hilomen, Director of the Police Security and Protection Office.

•  Chief Superintendent Perfecto P Palad, Deputy Regional Dorector for Administration, PRO3

•  Chief Superintendednt Maximo M Calimlim, Deputy Regional Director for Administration PRO-MIMAROPA

•  Chief Superintendent Ramon V Gatan, Deputy Regional Dorector for Administration, PRO12

Superintendent Romeo R Uy, Group Director of the 3rd Regional Mobile Group in Central Luzon was promoted to the rank of Police Senior Superintendent.

In Cebu on Friday, the Chief PNP formally administered the oath of office to Hilomen, while in the midst of the 12th ASEAN Summit security wherein the PSPO is providing close-in security for delegates.

Calderon is set to formally administer the oath of office to the other newly-promoted police officials.

CPP/NPA EXPLOITATION OF ISSUES

After learning about knowing ourselves and our enemies, we discussed how the CPP/NPA exploits issues to deceive people especially the youth to join its organization. How did these issues lead to the creation and resurrection of the Radical Left? How was the Partido Komunista ng Pilipinas(PKP), a disbanded group in 1950's and reorganized as Communist Party of the Philippines on December 26, 1968 by Jose Ma Sison, a consummate student activist able to regain strength.

The CPP/NPA select a current national issues and use them to show that the government is inept, inefficient, and inutile in addressing the people's pressing problems. This Communist Terrorist Group uses the following multi-M approach:

•  MESSAGE – This is the Message that gets communicated across. The issues of planned dissent and organized action carry the Message to those who could listen and understand it (Ex. For the students: Tuition fee hike means “Pagpapahirap na naman sa mga magulang”.

•  MINDSET – Once the student got the Message, a change in Mindset took place. “Pagpapahirap sa magulang” psyched them up and influenced them into protesting; “No to Tuition Fee Hike”, " Down with the Commercialization of Education”. That Message created a domino effect: a shift in paradigm, a change in behavior Students resonated well to the Message because they had their Mindset changed.

•  MEANING – Before they knew it, they were beginning to embrace a new, different Meaning. They believed, protested and trooped to the streets to express their disgust, while the media had a protested and trooped to the streets to express their disgust, while the media had a good coverage escalating Protest Movement. For them, that was press freedom.

•  MASS – the message, mindset and meaning hit a critical Mass. The issues on tuition fess hike and press freedom exploited into a Protest Movement by the critical mass – the student snowballed across many campuses nationwide.

•  MOTIVATION – Students grouped themselves together because they had a common Motivation to fight for their rights, to oppose the tuition fee hike, and to stop the suppression of press freedom. These issues had become bigger and nobler: the students took on the fight of labor, the poor, the marginalized, the exploited and oppressed. So they joined forces with the workers and peasants and the marginalized had schoolchildren who had to contend with rising tuition fees and costs of living. The fight of their sons and daughter was also their fight. Now they found a common mark.

•  MOBILZATION took place; they set into motion by crafting placards and banners. They painted them red to signify blood and boldness and bravery. They organized themselves, prepared food. They organized themselves, prepared food, marched on the streets, faced up with the truncheon-wielding police/military men, got clobbered and bloodied and sometime detained.

•  MASS ACTION/MASS MOVEMENT – The mobilization, motion an defining moment become a series of Mass Action that further fueled the demands of the protesters. But they had gone many notches higher. Their experience had become a Mass Movement shared by many. It was so infectious, it has become a Mission.

From then on, many students dropped out of schools, joining the Underground movement, reaching out to the frontiers of labor, the urban poor, the landless peasants, the marginalized fisher folks, and the neglected and exploited indigenous peoples. With them and through them, the students nurtured their Ideology, Purpose/Passion, and Cause (IPC). The workers and peasant, already deep into their “palaban” but guarded stance against hopelessness and despair, rose with them. The ranks of potential carders swelled. The issues on press freedom and tuition fee hike had found deeper meaning: national democratic revolution, with the proletariat serving as its vanguard and the peasantry as its force. The strategy: encircle the city from the countryside, adopted from the Maiost line of protracted people's war. The ultimate goal: a People's Democratic Republic.

Early on in the game, scores of students and their professors were snatched from nowhere. Some where found dead, others were declared missing. Still others were tortures and incarcerated.

Note: Summary of Lesons learned from the Lecture on CPP/NPA Exploitation of the Issues presented by PCInspector Carmencita C Saliba. Audienced were stakeholders in the implementation of ISO who are members of the Baolod City Peace and Oder Council and PCR, PRO 6, RPCRD.

CPNP BARES PROGRAM THRUSTS FOR 2007

PNP Chief, Director General Oscar C Calderon announced the creation of National Task Force “HOPE” in response to some pre-election violence that erupted early on the prevent escalation of political rivalry.

The Chief PNP said NTF “HOPE” will be under the Deputy Chief for Operations as Task Force Commander, assisted by the Director for Operations as Deputy Task Force Commander and the Deputy Director of concerned Directorial Staff as Task Force Staff.

The NTF “HOPE” will direct and supervise the overall conduct of police operations during the May 2007 election period which starts in January, during which time the PNP will begin implementing the nationwide ban on unauthorized firearms and private bodyguards.

This was among the special concerns that highlighted the discussions during a Command Conference held among key officials of the PNP in Camp Crame recently.

During the conference, Calderon outlined the program thrust of the PNP for 2007 which aims to re-invigorate the action programs on anti-criminality, anti-terrorism, anti-insurgency and internal reforms.

The PNP aims to further reduce the number of crime incidents particularly street-crime which has been significantly reduced by as much as 25.22% during the past 11 months of 2006.

On anti-terrorism, the PNP plans establish Bomb Incident Centers at the regional level as a complementing effort to strengthen the Three-Tiered Defense System against terrorism.

On anti-insurgency, the PNP envisions to strengthen the barangay Information Network especially in insurgency-affected areas of the country, and to improve inter-operability with Armed Forces units in counter-insurgency operations.

On internal reform, the PNP seeks to further upgrade mission-essential equipment to move, shoot, communicate and investigate, as a key component of the PNP Integrated Transformation Program.

CPNP BARES PROGRAM THRUSTS FOR 2007

PNP Chief, Director General Oscar C Calderon announced the creation of National Task Force “HOPE” in response to some pre-election violence that erupted early on the prevent escalation of political rivalry.

The Chief PNP said NTF “HOPE” will be under the Deputy Chief for Operations as Task Force Commander, assisted by the Director for Operations as Deputy Task Force Commander and the Deputy Director of concerned Directorial Staff as Task Force Staff.

The NTF “HOPE” will direct and supervise the overall conduct of police operations during the May 2007 election period which starts in January, during which time the PNP will begin implementing the nationwide ban on unauthorized firearms and private bodyguards.

This was among the special concerns that highlighted the discussions during a Command Conference held among key officials of the PNP in Camp Crame recently.

During the conference, Calderon outlined the program thrust of the PNP for 2007 which aims to re-invigorate the action programs on anti-criminality, anti-terrorism, anti-insurgency and internal reforms.

The PNP aims to further reduce the number of crime incidents particularly street-crime which has been significantly reduced by as much as 25.22% during the past 11 months of 2006.

On anti-terrorism, the PNP plans establish Bomb Incident Centers at the regional level as a complementing effort to strengthen the Three-Tiered Defense System against terrorism.

On anti-insurgency, the PNP envisions to strengthen the barangay Information Network especially in insurgency-affected areas of the country, and to improve inter-operability with Armed Forces units in counter-insurgency operations.

On internal reform, the PNP seeks to further upgrade mission-essential equipment to move, shoot, communicate and investigate, as a key component of the PNP Integrated Transformation Program.