ILOILO CITY, Philippines  — Secretary Leila De Lima of the Department of Justice (DoJ) said she considers the gun ban imposed by Philippine National Police 8 regional director C/Supt. Cipriano Querol, Jr. on Northern Iloilo as unconstitutional.

“The imposition of the gun ban impinges on certain rights of a citizen,” De Lima said referring to the suspension of the permit to carry firearms in the towns of Ajuy, Balasan, Batad, Carles, Concepcion, Estancia, San Dionisio, and Sara.

“You cannot just prohibit the bearing of arms without legal basis,” De Lima noted.

Querol implemented the gun ban which had been approved by PNP national headquarters in Camp Crame, Quezon City earlier this month for alleged lawlessness and proliferation of loose firearms.

“Rising criminality per se does not constitute sufficient basis for the imposition of the gun ban,” De Lima emphasized. “Under the law, a gun ban can only be imposed during election and in times of emergency.”

De Lima clarified that while the PNP is not under DoJ jurisdiction, she can give legal advice to the Department of the Interior and Local Government (DILG) on the controversial issue.

Iloilo Gov. Arthur Defensor Sr., the League of Municipalities of the Philippines (LMP-Iloilo), and the Iloilo Provincial Board have earlier urged PNP Director General Raul Bacalzo to recall the gun ban on the grounds of being arbitrary and lacking legal basis.

The gun ban is in place until January 2012.