Position Paper on Continuing Assassinations/Intentional Killings of Judges while in the Performance of Their Duties

October 4, 2005 1

EN BANC

A.M. No. 04-6-18-SC

RE: POSITION PAPER ON CONTINUING ASSASSINATIONS/INTENTIONAL KILLINGS OF JUDGES WHILE IN THE PERFORMANCE OF THEIR DUTIES

RESOLUTION

The Court resolved to APPROVE the following Guidelines for the Special Processing Privileges for the Firearms of the Judges, as proposed by the OCA Committee on Security for Lower Court Judges, to wit:

I. Responsibilities of OCA Security Committee

A. Evaluation of Applications for PTCFOR

1. Judges who wish to apply for PTCFOR with the endorsement of the OCA shall submit the following to the OCA Security Committee:

a) Application form with 2 x 2 ID picture (form may be secured in Camp Crame, the Office of the PNP Regional Commander or the Office of the Provincial Police Director);

b) Neuro-Psychiatric (NP) Clearance;

c) Drug Test Clearance;

d) Duly authenticated copy of oath of office/appointment of applicant;

e) Photocopy of valid firearms license; CIHAED

f) Certification that the applicant has undergone basic firearms handling, gun safety seminar and proficiency firing, from a duly accredited gun club or from the OCA Security Committee;

g) Certification on the authenticity and genuineness of the documents submitted; and

h) Payment in cashier's/manager's check or postal money order in the initial amount of P150.00, subject to reasonable increases as the PNP may impose.

2. The Security Committee, in coordination with the Philippine Judicial Academy, shall undertake to conduct basic firearms handling, gun safety seminars and proficiency firing for those members of the judiciary who wish to apply for PTCFOR in coordination with law enforcement agencies, and issue certifications for those applicants for PTCFOR who attend the same.

3. The Security Committee shall evaluate within one (1) week from receipt thereof applications for PTCFOR of members of the judiciary and ensure that only applications of those who are qualified, competent, and who have submitted the complete required documents shall be endorsed by the OCA to the PNP.

4. Applications endorsed by the Security Committee shall be filed at the FED, Camp Crame, Quezon City, by the liaison officer of the OCA.

II. Responsibilities of PNP

A. Processing of Applications Endorsed by OCA

1. Applications for PTCFOR endorsed by the OCA shall be limited to handguns. In extreme cases of threats and imminent danger to one's life, high-powered rifles/shotguns may be allowed, as determined by the PNP.

2. The PNP shall fast tract the printing and issuance of the PTCFOR ID Card of the members of the judiciary, which shall be valid for a duration of one (1) year from the date of approval by the Chief, PNP; PROVIDED: that the period of one (1) year may be shortened upon recommendation of the OCA. DHEACI

3. The PNP shall deliver to the OCA Security Committee all approved PTCFOR ID Cards of members of the judiciary after payment of the appropriate fee. The OCA Security Committee shall be responsible for the distribution and release of the cards to the applicants.

B. Revocation and cancellation of the firearms license and PTCFOR

1. The PNP shall provide for the guidelines to be observed in the revocation and cancellation of the firearms license and PTCFOR of members of the judiciary pursuant to existing laws and regulations for the following causes, and such other causes as they see fit:

a) Loss of firearms through negligence;

b) Carrying of firearm in prohibited places;

c) Conviction of a crime involving moral turpitude or any other offense where the penalty imposed is more than six (6) months imprisonment or a fine of at least P10,000.00;

d) Dismissal for cause from the service;

e) Commission of a crime where a firearm is used; and

f) Violation of the conditions the PTCFOR is issued.

2. The OCA Security Committee may recommend the revocation of the PTCFOR to the PNP if warranted by the circumstance.

Footnotes

1. Circularized by the Office of the Court Administrator through OCA Circular No. 108-2005 dated October 19, 2005.