Everything You Need to Know about the 2025 Election Ban on Firearms and Deadly Weapons in the Philippines

The 2025 Election Ban on Firearms and Deadly Weapons

The Commission on Elections (COMELEC) has established a comprehensive framework to regulate the bearing, carrying, and transporting of firearms and other deadly weapons during the election period.

COMELEC Resolution No. 11067 entitled “Consolidated Resolution on the Rules and Regulations on the Prohibitions on the Bearing, Carrying, or Transporting of Firearms and Other Deadly Weapons” outlines the regulations that must be adhered to during the election period defined therein, which is defined as from January 12, 2025, to June 11, 2025.

This guide aims to provide a detailed overview of the provisions of COMELEC Resolution No. 11067, the parties involved, the processes for compliance, and the consequences of non-compliance. Through this article, it is hoped that essential and relevant information is provided, especially to those who may, by reason of their occupation, trade or business, are affected or will likely to be subject of the prohibition.

Overview of the COMELEC Resolution

The resolution titled “Consolidated Resolution on the Rules and Regulations on the Prohibitions on the Bearing, Carrying, or Transporting of Firearms and Other Deadly Weapons” was promulgated on September 25, 2024, and will be in effect during the election period from January 12, 2025, to June 11, 2025. This COMELEC Resolution is designed to enforce Section 261 (q) of the Omnibus Election Code and Sections 32 and 33 of Republic Act No. 7166, which prohibit the carrying of firearms and other deadly weapons during the election period unless authorized by the Commission.

Key Provisions of the Resolution

1. Prohibition on Firearms and Deadly Weapons

General Prohibition: Section 261 (q) of the Omnibus Election Code prohibits any person from carrying firearms outside of their residence or place of business during the election period unless authorized by the Commission.

Public Places: Sections 32 and 33 of Republic Act No. 7166 further prohibit the bearing, carrying, or transporting of firearms or other deadly weapons in public places, including buildings, streets, parks, and vehicles, unless authorized in writing by the Commission.

2. Authorized Personnel

Law Enforcement Agencies: Only regular members or officers of the Philippine National Police (PNP), the Armed Forces of the Philippines (AFP), and other law enforcement agencies who are duly deputized by the Commission may carry firearms during this period.

3. Exemptions

Government Officials Exempted from the Ban

Certain government officials, including the President, Vice President, Senators, and members of the House of Representatives, are granted full exemption from the prohibition on carrying firearms. The following government officials and personnel are granted full exemption from the prohibition on the bearing or carrying of firearms during the election period, as outlined in the COMELEC Resolution:

1. President of the Republic of the Philippines
2. Vice President of the Republic of the Philippines
3. Senate President and Senators of the Republic of the Philippines
4. Speaker and Members of the House of Representatives
5. Chief Justice and Associate Justices of the Supreme Court
6. Cabinet Secretaries, Undersecretaries, Assistant Secretaries, and other officials in the Executive Branch with equivalent rank as provided by the Office of the President
7. Justices of the Court of Appeals, the Sandiganbayan, and the Court of Tax Appeals
8. Judges of the Regional Trial Courts and Municipal/Metropolitan/Circuit Trial Courts and Shari’ah High/District/Circuit Courts
9. Chairperson and Members of the Judicial and Bar Council
10. Chairperson, Commissioners, Executive Director, Deputy Executive Directors, Directors, and Lawyers employed by and holding office in the Main Office of the Commission on Elections
11. Chiefs-of-Staff of the Offices of the Chairman and Commissioners
12. Regional Election Directors, Assistant Regional Election Directors, Provincial Election Supervisors, Regional Election Attorneys, Election Officers/Acting Election Officers, and Organic Security Officers of the Commission on Elections
13. Chairpersons and Commissioners of the Civil Service Commission, Commission on Audit, and the Commission on Human Rights
14. This exemption is detailed in Section 14 of the COMELEC Resolution No. 11067.

Private Individuals, Exempted from the Ban under Certain Circumstances

The COMELEC Resolution, citing the Section 261 of the Omnibus Election Code, primarily grants exemptions from the firearms ban to government officials and law enforcement personnel. However, it also includes specific provisions for private individuals who may be exempted under certain circumstances. The following private individuals are exempted from the gun ban during the election period:

1. Cashiers and Disbursing Officers: Individuals who are cashiers or disbursing officers are exempt while performing their official duties.
2. Persons Carrying Large Sums of Money or Valuables: Individuals who, by the nature of their official duties, profession, business, or occupation, habitually carry large sums of money or valuables are also exempt from the prohibition.

These exemptions are conditional and apply only while the individuals are engaged in their respective duties or activities that necessitate the carrying of firearms.

Implementation of the Provisions

1. Establishment of COMELEC Checkpoints

The resolution mandates the establishment of checkpoints to enforce the firearms ban. These checkpoints must be operated in accordance with the guidelines set forth by the Commission. The checkpoints will serve as a means to monitor compliance with the firearms ban and ensure public safety during the election period.

2. Filing and Submission Requirements

Applications for Exemptions: Applications for exemptions from the firearms ban must be filed electronically starting November 18, 2024, and ending on May 28, 2025. The application process includes several steps, such as accessing the official COMELEC website, downloading the necessary forms, and submitting the required documentation.

3. Reporting Requirements

Initial Reports: Law enforcement agencies must submit an initial report two weeks after the end of the filing period for Certificates of Candidacy. Subsequent reports will be required every two weeks after the initial submission and will become weekly upon the start of the election period.

Mandatory Periods for Compliance

1. Filing of Certificates of Candidacy

The initial report on compliance must be submitted two weeks after the end of the filing period for Certificates of Candidacy.

2. Weekly Reporting

Law enforcement agencies must submit weekly reports on their activities related to the enforcement of the resolution, starting from the beginning of the election period.

 

Compliance Processes for the COMELEC Resolution

1. Application for Certificates of Authority (CA)

To ensure compliance with the firearms and ammunition ban during the election period, individuals and entities must apply for Certificates of Authority (CA) if they seek to bear, carry, or transport firearms or engage security personnel. The application process is outlined in the resolution and involves several steps:

a. Electronic Filing of Applications

The electronic filing of applications for the issuance of CA will commence on November 18, 2024, and will conclude on May 28, 2025. Applications can be submitted from 8:00 A.M. to 5:00 P.M., excluding weekends and holidays. The steps for electronic filing are as follows:

1. Access the COMELEC Website: Applicants must visit the official COMELEC website.
2. Navigate to the Application Section: Click on the “Gun Ban Exemption Application” link.
3. Download Application Forms: Find the appropriate application forms in PDF format and complete them.
4. Notarization: After completing the forms, they must be notarized.
5. Prepare Documentary Requirements: Gather all necessary documents, including original or certified true copies as required.
6. Digital Submission: Scan and convert the completed forms and documents into PDF format, then upload them to an online storage application (e.g., Google Drive) to generate a shareable link.
7. Complete Microsoft Forms: Fill out the required fields in the Microsoft Forms link provided on the COMELEC website, ensuring all personal data is accurately entered.

b. Documentary Requirements

Applicants must submit the following documents along with their application:

1. Completed CBFSC Form No. 2025-01 signed by the head of the agency or authorized representative.
2. CBFSC Form No. 2025A-01 detailing the names and ranks of personnel, along with firearm descriptions and registration data.
3. CBFSC Form No. 2025B-01 with a colored 4″ x 5″ picture and description of the authorized uniform (if applicable).
4. Any other documents as specified in the application guidelines.

2. Reporting Requirements

Law enforcement agencies are required to submit reports to ensure compliance with the resolution. The initial report must be submitted two weeks after the end of the filing period for Certificates of Candidacy, with subsequent reports submitted every two weeks until the start of the election period, at which point reporting will become weekly. These reports should include:

1. Number of checkpoints established and operated.
2. Number of arrests made and firearms confiscated.
3. Updates on the peace and order situation in the region.
4. Any incidents of election-related violence.

3. Establishment of COMELEC Checkpoints

The resolution mandates the establishment of COMELEC checkpoints to enforce the firearms ban. These checkpoints will be operated by the Philippine National Police (PNP) and other law enforcement agencies, following the guidelines set forth in the resolution. The checkpoints will serve to monitor compliance and ensure public safety during the election period.

4. Conducting Checkpoints

The personnel manning the checkpoints must adhere to specific protocols to respect the rights of individuals passing through. Key guidelines include:

1. Visual Searches Only: Searches at checkpoints should be limited to visual inspections, and individuals cannot be compelled to exit their vehicles.
2. Documentation of Operations: Checkpoint operations should be documented through photo or video to ensure compliance with guidelines.
3. Reporting Incidents: Any incidents or violations during checkpoint operations must be reported to the Election Officer within 24 hours.

Consequences of Non-Compliance

1. Criminal Penalties

Violations of the provisions outlined in the COMELEC Resolution can lead to severe penalties. Any person found guilty of:

• Bearing or carrying firearms or other deadly weapons without a valid CA.
• Employing or engaging security personnel or bodyguards without authorization.
• Transporting or delivering firearms, ammunition, or explosives without a valid CA.

may be subjected to certain penalties. The penalty for violating the gun ban during the election period, as outlined in the COMELEC Resolution, includes the following:

1. Imprisonment: Any person found guilty of bearing or carrying firearms or other deadly weapons, employing or engaging the services of security personnel or bodyguards, or transporting or delivering firearms and/or their parts, ammunition, and/or their components without a valid and subsisting Certificate of Authority (CA) shall be punished with imprisonment of not less than one (1) year but not more than six (6) years. This penalty shall not be subject to probation.
2. Disqualification from Public Office: In addition to imprisonment, the guilty party shall be sentenced to suffer disqualification to hold public office.
3. Deprivation of the Right of Suffrage: The individual will also face deprivation of the right to vote.
4. Deportation for Foreigners: If the violator is a foreigner, they shall be sentenced to deportation, which will be enforced after the prison term has been served.

2. Liability of Juridical Persons

The resolution imposes strict liability on juridical persons, such as corporations or entities, for violations of the firearms and ammunition ban during the election period. Specifically, the owner, president, manager, director, or other responsible officers of any public or private firm, company, corporation, or entity who willfully or knowingly allows any person to bear, carry, or transport any of the firearms owned by such firm during the election period without a valid and subsisting Certificate of Authority (CA) shall be held liable, based on the penalties enumerated earlier. This provision underscores the importance of compliance at all organizational levels and the accountability of leadership in ensuring adherence to election laws.

3. Administrative Penalties

In addition to criminal penalties, the Commission on Elections (COMELEC) has the authority to impose administrative penalties on individuals and entities that violate the provisions of the resolution. The Committee on the Ban on Firearms and Security Concerns (CBFSC) may deny applications for Certificates of Authority based on various grounds, including:

1. Misrepresentation or false statements in the application or its attachments.
2. Unauthorized insertions of unqualified individuals in the application.
3. Submission of fictitious or tampered documentary requirements.
4. Submission of revoked, canceled, suspended, or expired accreditations, certificates, licenses, permits, and registrations.

If the violation is done deliberately to mislead the CBFSC in granting the application, the administrative penalty of blacklisting shall also be imposed on the applicant. This means that the individual or entity will be disqualified from future applications for a specified period.

4. Reporting Requirements for Law Enforcement Agencies

Law enforcement agencies, including the Philippine National Police (PNP), Armed Forces of the Philippines (AFP), and other relevant bodies, are required to submit regular reports to the CBFSC regarding their implementation of the resolution. These reports must include:

1. The number of checkpoints established and operated.
2. The number of arrests made and firearms confiscated, categorized into licensed or unlicensed.
3. Updates on the peace and order situation in the region.
4. Incidents of election-related violence.

The initial report must be submitted two weeks after the end of the filing period for Certificates of Candidacy, with subsequent reports submitted every two weeks until the start of the election period, at which point reporting will become weekly. This systematic reporting is crucial for monitoring compliance and ensuring public safety during the election period.

5. Conduct of COMELEC Checkpoints

The establishment and operation of COMELEC checkpoints are essential for enforcing the firearms ban. The resolution outlines specific guidelines for the conduct of these checkpoints, including:

1. Checkpoints must be operated by duly authorized personnel from the PNP, AFP, or other law enforcement agencies.
2. Personnel must adhere to protocols that respect the rights of individuals passing through the checkpoints.
3. Documentation of checkpoint operations is required, including photo or video evidence to ensure compliance with guidelines.
4. Any incidents or violations during checkpoint operations must be reported to the Election Officer within 24 hours. This ensures accountability and transparency in the enforcement of the firearms ban.

6. Rights of Arrested Persons

Individuals arrested for violations of the firearms ban are entitled to certain rights, including:

1. The right to remain silent and be informed that any statement made may be used against them in court.
2. The right to have competent and independent counsel, preferably of their choice.
3. The right to be released from detention if no charges have been filed against them within the allowable periods.
4. These rights are crucial for protecting individuals’ legal interests and ensuring that law enforcement actions are conducted fairly and justly.

Conclusion

The COMELEC Resolution on the prohibition of firearms and deadly weapons during the election period is a critical measure aimed at ensuring a peaceful and orderly electoral process in the Philippines. Compliance with the provisions of this resolution is mandatory for all parties involved, including government officials, law enforcement agencies, and the general public. The resolution outlines clear guidelines for the application for Certificates of Authority, the establishment of checkpoints, and the reporting requirements for law enforcement agencies. Violations of the resolution carry significant penalties, including criminal charges and administrative sanctions, emphasizing the importance of adherence to these regulations. By understanding and following the guidelines set forth in the resolution, stakeholders can contribute to the integrity and safety of the electoral process in the upcoming elections.

FAQs (Frequently Asked Questions)

What is the 2025 Ban on Firearms and Deadly Weapons?

The 2025 Ban on Firearms and Deadly Weapons is a resolution established by the Commission on Elections (COMELEC) that prohibits the possession and carrying of firearms and deadly weapons during the election period to ensure a peaceful electoral process.

Who are exempted from the ban on firearms and deadly weapons?

Certain government officials, including the President and Vice President, are exempted from the ban. Additionally, private individuals may also be granted exemptions under specific circumstances as outlined in Section 261 of the Omnibus Election Code.

What are the key provisions regarding authorized personnel under this resolution?

Under the resolution, only regular members or officers of law enforcement agencies are authorized to carry firearms during the election period. This restriction aims to limit firearm possession to trained personnel to maintain public order.

How will compliance with the resolution be monitored?

Compliance will be monitored through several mechanisms, including the establishment of COMELEC checkpoints, mandatory reporting requirements for law enforcement agencies, and applications for Certificates of Authority to carry firearms.

What are the consequences of non-compliance with the resolution?

Violations of the provisions outlined in the COMELEC Resolution can lead to criminal penalties, administrative penalties, and strict liability for juridical persons. Individuals arrested for violations will have their rights protected during legal proceedings.

What is required for individuals seeking an exemption from the firearms ban?

Individuals seeking an exemption must submit an application detailing their circumstances. The application process includes electronic filing and providing relevant documentary requirements to ensure proper evaluation by COMELEC. Applications will be reviewed on a case-by-case basis, taking into consideration the nature of the applicant’s work, potential threats they may face, and their track record in upholding public safety. It’s important to note that exemptions are not guaranteed and will only be granted when there is a clear and justifiable need for carrying firearms during the election period.

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