KAPITAN RAPIDO: A DISCUSSION ON THE RULE ALLOWING PUNONG BARANGAYS TO CARRY FIREARMS
“With the same mindset of killing now, we could expect that the whole country would become a killing field”
“FIGHT CRIME, SHOOT BACK” is a popular window decal sticker seen at the back of the cars of gun-owners.
The same might be inside the mind of President Rodrigo Roa Duterte (PRRD) when he said that he was considering arming the Punong Barangays to ensure their protection in the war against criminality and illegal drugs.[1]
Since the government embarked its persistent campaign against illegal drugs, there has been a perceived barrage of killings as reported on televisions, newspapers, internet, and other media. Crime related deaths occurred either on the streets, slum areas, inside the houses, and even inside the prison walls.
The Punong Barangays, being among the frontliners in this campaign, are always under threat to lose their lives or limbs. In order to protect themselves, some Punong Barangays applied for permit to carry firearms. Other Punong Barangays wanted to do the same, however, were not able to secure the said permit due to their failure in complying the various requirements.
PRRD’s proposal of state-sanctioned and automatic arming of the Punong Barangays did not come with ease as opposition lawmakers have expressed fear that arming barangay captains would be a “recipe for disaster” and could only lead to more abuse and violence in local villages in the country. Magdalo party-list Representative Gary Alejano said that it could have the effect of militarizing the entire country. “With the same mindset of killing now, we could expect that the whole country would become a killing field,” he said. While Akbayan party-list Representative Tom Villarin said that “with loose guns already a big problem, allowing more firearms even if licensed would perpetuate a culture of violence and abuse of power by persons of authority of which Punong barangays are considered as such.”[2]
With the various oppositions, it becomes inevitable then to review the rules allowing Punong Barangays to carry firearms.
The legal reference on allowing the Punong Barangay to carry firearms has long been settled by the Supreme Court in the case of Artillero v. Aguillon. It was held that a barangay captain is not one of those authorized to carry firearms outside their residences unless armed with the appropriate permit under the guidelines.[3] However, the enactment of Republic Act No. 7160, the Local government Code (LGC) of 1991, repealed B.P. 337 while the exemption as reflected in Sec. 389 (b) was retained. It states that the Punong Barangay shall be entitled to possess and carry the necessary firearm within his territorial jurisdiction.
The same provision is echoed in the latest DILG Memorandum Circular No. 2018-16[4] entitled Implementation on Certain Provisions of Republic Act 10591 in Relation to NAPOLCOM Opinion Revoking the Authority of Barangay Tanods, as Members of the Police Auxiliary Unit, to Carry Firearms issued by the DILG Secretary last February 8, 2018 with the following pertinent details:
1.0 LEGAL BASES
(a) RA 7160, otherwise known as “The Local Government Code of 1991” Section 389 (c) states that “In the performance of his peace and order functions the Punong Barangay shall be entitled to possess and carry the necessary firearm within his territorial jurisdiction, subject to appropriate rules and regulations.”xxx
Under the Implementing Rules and Regulations of Republic Act No. 10591[5] published last December 7, 2013, the requirements for the Permit to Carry Firearm Outside of Residence (PTCFOR) are: 1) PTCFOR application form (issued on site); 2) Copy of authenticated LTOPF; 3) Copy of authenticated firearm Registration; 4) NBI Clearance; and 5) Threat Assessment or previous PTCFOR for renewals.
While the requirements for the License to Own and Posses Firearms (LTOPF) are the following:
1) Application forms, either MTC and RTC Clearance or NBI Clearance, Neuro-psychiatric clearance;
2) Drug test;
3) NSO or passport;
4) Proof of billing or Barangay Clearance;
5) One valid government identification; and
6) Proof of income.
Neuropsychological clearance and drug test are required to prevent possession of firearms to people deemed generally incapable of using it safely such as the mentally ill and the convicted felons.[6] The use of some drugs can lead to both short and long-term changes in the brain, which can lead to mental health issues including paranoia, depression, anxiety, aggression, hallucinations, and other problems.[7]
NBI, Police, MTC, and RTC clearances are required in order to determine whether the applicant has criminal cases filed in the courts of the Philippines. The objective is to prevent the possession of firearms to people who are incapable of its safe use.
The requirement on gun safety seminar covers gun safety rules and practice recommendations intended to avoid accidental discharge or negligent discharge, or the consequences of firearm malfunctions. The purpose is to eliminate or minimize the risks of unintentional death, injury or property damage caused by improper possession, storage or handling of firearms. This requirement includes written exam and actual firing test.
Proof of billing also called proof of address is required to establish that the address stated in the application form is real and genuine. It provides an easy means for authorities to contact the firearm permit holder should concerns pertaining to the firearms arises.
As provided by law, it is not illegal for Punong Barangays to carry firearms. However, allowing the Punong Barangays to carry firearms should not be automatic but must follow certain rules and regulations in accordance with R.A. 10591. Requirements such as neuro-psychiatric clearance, gun safety seminar, and other government clearances are still essential on the application of the desired permits.
It is important that Punong Barangays who are deemed incapable of using a firearm safely due to reasons such as mental illness and conviction of crimes should be prevented from possession and use thereof. This also includes those Punong Barangays who are into substance abuse unless there will be convincing presentment of evidence that they have been rehabilitated or cured. Mental illness and drugs affect the person’s reaction time, cognitive processing, sensory perception, and judgment.
Another requirement which should not be dispensed with is the gun safety seminar. The possession of a firearm is a huge responsibility such that the applicant Punong Barangays should equipped themselves with the proper skill and training required for one to own, carry, and use a gun. This will ensure that the Punong Barangays will not harm themselves or others unnecessarily.
Punong Barangays would be better off focusing on their principal functions which include monitoring and reporting to the police the existence of criminals and illegal activities within their areas of jurisdiction. On the other hand, dealing with criminals is better left in the hands of our law enforcers who are especially trained on gun use.
Hence, to FIGHT CRIME, PUNONG BARANGAYS DON’T NEED TO SHOOT BACK.
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"The Black Kabog" is a pseudonym of Joel M. Cruzante, a third year law student in the University of Southern Philippines - Foundation. He is a strict disciplinarian, critical thinker, and a crusader against crime and corruption. He is a chemist by profession but a socio-political analyst by heart.
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CITATIONS
[1]Roxas, Patricia Ann V. “Arming barangay captains will be ‘recipe for disaster’-solons.” INQUIRER.net, June 13, 2018, newsinfo.inquirer.net/1000505. (August 19, 2018).
[2]Colcol, Erwin. “Arming barangay leaders would militarize entire PHL-Alejano.” GMA NEWS ONLINE, June 13, 2018, www.gmanetwork.com.cdn.ampproject.org. (August 9, 2018).
[3] Artillero v. Aguillon [Supreme Court], G.R. No. 190569, April 25, 2012 , Lawphil
[4] DILG Memorandum circular No. 2018-16, February 8, 2018
[5] Sec. 19, Rule II, Implementing Rules and Regulations of Republic Act No. 10591, December 7, 2013.
[6]Gun Safety Rules, www. SaveTheGuns.com (2009)
[7] SAMHSA, Center for Behavioral Health Statistics and Quality, National Survey on Drug Use and Health (2015)
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