The Commission on Human Rights (CHR) has asked the police to respect human rights when they enforce the gun ban that started Sunday, January 10.

CHR Chairwoman Leila M. de Lima said "the idea of checkpoints to enforce the gun ban in order to minimize political violence during the current election period can be an effective tool for peace and order."

"However, good intentions do not justify human rights violations and abuse of police power," she added.

CHR welcomed reports that Director General Jesus Verzosa of the Philippine National Police (PNP) had ordered his personnel to respect the constitutional rights of those arrested for violation of the gun ban.

De Lima said the rights of all the persons stopped at the checkpoints should be respected, including their right to privacy and the right to be secure in their persons.

The CHR called for the PNP-National Capital Region (PNP-NCR) leadership to issue clear guidelines on how to implement the "plain view" doctrine regarding checks for firearms, and how to approach and talk to motorists.

De Lima reminded the PNP that the law requires their personnel to be identifiable at all times with name labels on their uniforms. The checkpoints should also be clearly identified as official.

The CHR pledged to monitor the implementation of these checkpoints around the country.

Reports of improper conduct or rights violations can be reported at any of the CHR regional offices or through the CHR hotline at 377-2477.

"Clear and polite communication with the general public will go a long way in garnering the public's cooperation," said de Lima.

"Most people are happy to cooperate for the sake of peace and order but they do not want to be treated like criminals or suspects from the very outset."

The manner in which the NCR checkpoints are implemented can go a long way in establishing the credibility of the PNP as a human rights protection institution.

At least 18 people, including three policemen and the provincial jail warden of Masbate, were arrested across the country in the first day of the strict implementation of the nationwide gun ban, a police official revealed Sunday.

Director General Jesus Verzosa, chief of the Philippine National Police (PNP), said that most of those arrested were from Metro Manila while the rest are from various provinces like Masbate and Batangas.

“The arrests are but a proof that we are serious in the implementation of the gun ban, we will continue to do so for the protection of the civilians and ensure a credible and peaceful election this year,” said Verzosa.

Quoting reports from the field, Verzosa said among those arrested were retired Navy Lieutenant Commander and now Masbate Provincial jail warden Ricardo Bulanon and prison guard Jose Nestor Lazaro, both collared in a checkpoint in Masbate City.

In Batangas, three persons, including two fugitives wherein one of them is a former policeman, were collared in two separate operations in the towns of Taal and Mabini.

But it was Police Officer 1 Dennis Quinto who became the first casualty of the gun ban as he was arrested for carrying a .45 pistol in a checkpoint in Quezon City.

Verzosa said Quinto was arrested at 12:30 a.m., 30 minutes after the gun ban took effect yesterday as he was carrying the gun while in civilian clothes.

Two other policemen identified as SPO1 William Ronquillo and PO1 Aldrin Almanzar were apprehended in a checkpoint in southern part of Metro Manila while soldier Michael Bashan, of the Philippine Navy, followed suit in the same area.

Lawyer Tecson John Lim was also caught carrying a .40 caliber pistol and a 9mm pistol in a checkpoint in Manila.

Even Juan Carlos Maglaque was not spared from arrest although he was only carrying an Auto electric airsoft AK 47 replica rifle. Police earlier said that even replica guns will be confiscated and the owners will be apprehended. Also among those arrested were Ernan Perez, Leopoldo Francisco, and Rogel Gutierrez.

The gun ban operation in Metro Manila was supervised by Atty. Michael Dioneda, National Capital Regional Election Officer; and Col. Lorenzon Sumicad, deputy commander of the AFP. They joined police and military units in conducting inspection on checkpoints set up in all five districts of Metro Manila.

The full-blown gun ban implementation came as Malacañang transmitted to the Senate for immediate enactment House Bill 6776 that will amend the current law on illegal possession of firearms.

“President Gloria Macapagal Arroyo certified the necessity of said bill in her endorsement to Senate President Juan Ponce Enrile,” said Chief Superintendent Nicanor Bartolome, commander of the Police Community Relations Group (PCRG) in a phone interview.

It was recalled that the PNP sought stiffer gun control measures in the wake of a series of high-profile crime incidents in Metro Manila committed with the use of guns wherein several persons, including police officers, were killed, and the massacre of 57 people in Maguindanao last November 23.

The House of Representatives had already approved on third reading House Bill 6776, a measure that seeks stiffer penalties for illegal possession of firearms and squad-operated weapons, amending some provisions of Presidential Decree 1866.

The proposed law would make illegal possession of three or more firearms a non-bailable offense.

The same measure seeks to criminalize other offenses relating to firearms and light weapons, including possession, manufacture, sale, acquisition, or disposition of firearms, ammunition and explosives or instruments used in the manufacture of firearms, ammunition and explosives.

“We are just waiting for the Senate version. We hope that our friends in the Senate would pass their own version. We really need this for effective gun control,” said Verzosa for his part.

As this developed, members of the Armed Forces of the Philippines (AFP) and the Philippines National Police (PNP) or any peace officer are prohibited from entering any polling place or stay within a radius of 50 meters, except to cast their votes.

The Commission on Elections (Comelec) said this Sunday, stressing that the May 10, 2010 elections is strictly a civilian affair.

Aside from peace officers, the Comelec said also covered by the prohibition are any armed person belonging to any extra-legal police agency, special forces, reaction forces, strike forces, Civilian Armed Forces Geographical Units (CAFGU), barangay tanods or other similar forces or para-military forces, including security guards, special policemen, and all other kinds of armed or unarmed extra-legal police forces.

This means that only Board of Election Inspectors (BEI) members and their support staff, watchers, Comelec representatives, technical support staff, voters casting their votes, other persons authorized by the Comelec, voters waiting for their turn to vote, and other persons authorized by the Comelec are allowed inside the polling precincts.

But the Comelec said that if necessary, the BEI, by a majority vote, may order in writing the detail of a policeman or any peace officer for its protection or for the protection of the election documents and paraphernalia.

The policeman or peace officer whose detail is requested by the BEI is required to stay outside the polling place near enough to be easily called by the BEI anytime.

“In no case shall said policeman or peace officer, hold any conversation with any voter or disturb or prevent in any manner obstruct the free access of the voters to the polling place,” the Comelec said.

Meanwhile, police and soldiers in Basilan will conduct a house-to-house search to account for loose firearms and hunt down members of partisan armed groups, Major General Ben Dolorfino, commander of the Western Mindanao Command (WesMinCom), said Sunday.

The house-to-house search strategy will be implemented in some troubled areas in Basilan, Lanao del Sur, Sulu, Tawi-Tawi, and other areas under his area of jurisdiction.

“Western Mindanao is the most critical among the regions of the country because based on the records, this is where cheating and violence usually occurs during elections,” said Dolorfino in an interview.

“Loose firearms are usually in the houses, hidden under the bed or any area. Members of partisan armed groups usually stay in their houses so it is in their houses that we will concentrate our operations,” he added.

Based on military intelligence, a total of 91 partisan armed groups are operating in Western Mindanao, most of them in Sulu with 24 groups and Lanao del Sur, with 23 groups.

The same reports stipulated that there are five in Zamboanga del Norte, two in Zamboanga Sibugay, nine in Zamboanga del Sur, 10 in Basilan, 15 in Lanao del Norte and three in Tawi-Tawi.

In order to prevent being disturbed with their operations, Dolorfino urged owners of loose firearms to just surrender their guns in order to spare themselves from being hauled off to jail and charged.

The National Capital Region Police Office (NCRPO) said yesterday the setting up of 70 checkpoints all over Metro Manila proved to be effective, calling the first day of the implementation of the total gun ban set by the Commission on Election (Comelec) in preparation for the holding of the May 10 election a success. NCRPO Director Roberto Rosales said during the first day of implementation of the total gun ban, they were able to arrest nine persons consisting of three members of the Philippine National Police (PNP), one from the Armed Forces of the Philippines (AFP), one government official and four civilians.

Rosales said those apprehended at checkpoints set up in different places in Metro Manila were PO1 Dennis Quinto, PO1 Aldrin Almazan and SPO1 William Ronquillo of the PNP; SIBM Michael Bashan of the AFP; and Atty. Tecson Jhon Lin, provincial director of Quirino province. The four apprehended civilians were identified as Ernan Perez, Leopoldo Francisco, Juan Carlos Maglague and Rogel Gutierrez.

He said the first day of the implementation of the total gun ban was supervised by Atty. Michael Dioneda, National Capital Regional Election Officer; and Col. Lorenzon Sumicad, deputy commander of the AFP. They joined police and military units in conducting inspection on checkpoints set up in all five districts of Metro Manila.

The NCRPO chief said 30 election officers and 166 members of National Capital Regional Command (NCRCom) personnel were deployed in five districts of Metro Manila to help in manning the checkpoints.

Rosales said that during the checkpoint inspections, he reminded the PNP personnel to strictly follow PNP regulations and observe and respect the human rights of motorists and the public in enforcing the gun ban.

He also directed them to observe the “plain view” doctrine and reminded the police to be always courteous because the success of the gun ban will pave way for the holding of peaceful and credible election.

The NCRPO chief echoed an earlier statement of PNP chief, Director General Jesus Versoza that most cases of election-related violence in previous elections were perpetrated through the use of firearms.

Based on the guidelines approved by the Comelec, at least one checkpoint will have to be set up in each of the cities and municipalities across the country, to be manned by policemen and soldiers under the supervision of poll officials.

The police will set up at least two more in areas with previous records of election-related violence and where they have monitored the presence of loose firearms and private armed groups.

The National Intelligence Coordinating Council (NICA) has warned of possible unrest in the country should there be failure of elections in case the use of automation in the coming polls do not succeed.

This was contained in a briefing presented by a representative of the NICA during the 38th Bishops-Ulama Conference (BUC) general assembly held Friday in Davao City.

The NICA report noted a major concern among many sectors today for the coming elections is whether the country is all set for automated polls, which brings fears of a “no election” (no-el), no proclamation, or failed elections.

“Too many things, observers say, could go wrong,” the report said.

It added that should the government be blamed for any derailment, anomalies or failure of elections, “the country could be thrown on the brink, possibly create a free for all situations that could give potential adventures and dangerous ideas.

These concerns then highlight the need for the government to adopt proactive measures designed first of all to create the necessary conditions for the timely and orderly conduct of the May 2010 polls.

On the issue on automated polls, among the concerns being raised is that many areas might be disenfranchised with inadequate facilities or infrastructure for automation. “To a large extent the country’s own inexperience in poll automation may be feeding much of the public paranoia,” it report stated.

According to the said report, national security managers asked the question “because we have no clear goals for such emergencies, neither for a holdover setup, nor a transitional arrangement. (With reports from Jean Fernando, E. T. Suarez, and Elena L. Aben)