Friday, October 05, 2007 Police chiefs to probe violators of poll gun ban
THE Commission on Elections (Comelec) has authorized police chiefs to conduct preliminary investigation of alleged gun ban violations.
The Comelec’s move is for the “prompt and proper” investigation, as well as for the successful prosecution of violators.
The Comelec gun ban started last Sept. 29 and will be lifted on Nov. 13.
Representatives
Even if one’s firearm is covered by necessary licenses and permits, the owner still has to secure a Comelec gun ban exemption for him to carry it around during the election period.
In a resolution promulgated last Tuesday, the Comelec tasked the chief of police or his duly authorized representatives to conduct the preliminary examination of all apprehensions for violation of the bans on the bearing, carrying and transporting of firearms and other deadly weapons.
Circumstances
The police chief or his representative will get the affidavits of the arresting officers stating the facts and circumstances surrounding the arrest.
He will then take affidavits of the accused, as well as statements of witnesses.
Aside from that, a police chief must confiscate the firearm and issue the proper receipt, with the accused signing an affidavit binding himself to be present in future preliminary investigation. Failure to do so means he has waived his right to present evidence for his defense.
Reminders
The Comelec is also reminding the police chiefs of the rights of the arrested person and that while in a preliminary examination, the accused must be treated “humanely and with utmost respect.”
A violator of the Comelec gun ban must be released from jail if no charges are filed against him within 18 hours from the arrest, unless he is facing charges of illegal possession of firearms.
The chief of police must submit all evidence and documents gathered during the preliminary investigation to the provincial or city prosecutor three days from the arrest. (MBG)
