Case Digest (G.R. No. 158791) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Philippine Association of Detective and Protective Agency Operators (PADPAO), Region 7 Chapter, Inc. v. Commission on Elections (COMELEC), G.R. No. 223505, decided October 3, 2017, petitioner PADPAO, a duly registered association of private security agencies and personnel under Republic Act No. 5487, assailed the validity of Section 2(e), Rule III of COMELEC Resolution No. 10015. Resolution No. 10015, promulgated November 13, 2015, imposed a “Gun Ban” from January 10 to June 8, 2016, banning the bearing, carrying, or transporting of firearms and other deadly weapons in public places and requiring all persons, including private security service providers (PSSPs), to secure written authority from the COMELEC’s Committee on the Ban on Firearms and Security Personnel. Section 2(e), Rule III mandated PSSPs to submit detailed documentary requirements—CBFSP Form No. 2016-02 in triplicate with CD, Form 16A-02 listing personnel, firearms licenses, LESPs, DDOs, Form 16B for uniforms, t Case Digest (G.R. No. 158791) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Background and Parties
- Petitioner: Philippine Association of Detective and Protective Agency Operators (PADPAO), Region 7 Chapter, an association of licensed private security agencies under RA 5487.
- Respondents: Commission on Elections (COMELEC) and its Committee on the Ban on Firearms and Security Personnel (CBFSP).
- COMELEC Resolution No. 10015 (“Gun Ban”)
- Election Period: January 10–June 8, 2016 (120 days before and 30 days after the May 9, 2016 elections) under Resolution No. 9981.
- Prohibited Acts (Rule II, Sec. 1):
- Bearing, carrying, transporting firearms or deadly weapons in public places, unless COMELEC-authorized.
- Employing or engaging security personnel/bodyguards, unless COMELEC-authorized.
- Transporting or delivering firearms/ammunition/explosives, unless COMELEC-authorized.
- Authority to Bear Firearms (Rule III, Sec. 1):
- Lists categories of persons who “may be authorized” to bear/carry/transport firearms, including members of Private Security Service Providers (PSSPs).
- Conditions: duty uniform, valid LESP and DDO, actual performance of official duty, one small firearm only.
- Documentary Requirements (Rule III, Sec. 2(e)): specific forms, agency license, monthly disposition report, certification under oath, and ₱50 fee per security personnel.
- Proceedings and Contentions
- Petition filed April 8, 2016 under Rule 65, certiorari, assailing COMELEC’s authority to require PSAs written permission for gun-ban compliance.
- Petitioner’s main arguments:
- COMELEC lacks power over PSAs’ right to bear arms granted by RA 5487; only PNP may regulate PSAs under RA 5487, Secs. 13 & 17.
- Violation of equal protection and non-impairment of contracts; exorbitant filing fee; self-contradiction in Resolution.
- OSG/COMELEC’s Comment:
- Petition is moot (election period expired); wrong remedy (should be declaratory relief); filed out of time.
- COMELEC rule-making power under Constitution, BP 881 and RA 7166 mandates gun ban; requirement applies to all persons equally; fee reasonable; Rimando v. COMELEC inapplicable.
Issues:
- Is the petition moot and academic?
- Was the remedy (certiorari) proper and timely filed?
- Is Section 2(e), Rule III of Resolution No. 10015 valid and constitutional?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)