Question & AnswerQ&A (MEMORANDUM CIRCULAR NO. 2018-16)
The main purpose is to enforce compliance with RA 10591 provisions and to remind Local Chief Executives that Barangay Tanods and members of Police Auxiliary Units are not allowed by law to carry firearms while performing their official duties.
Section 387 (b) of RA 7160 provides that the Sangguniang Barangay may form community brigades and create other necessary positions or offices.
Section 389 (c) of RA 7160 states the Punong Barangay may carry a necessary firearm within his territorial jurisdiction in the performance of peace and order functions, subject to appropriate rules and regulations.
Section 5 paragraph 4 states that security agencies and LGUs are included as licensed holders of firearms but are subject to additional requirements imposed by the Chief of the PNP.
The Local Chief Executive (Governor or Mayor) represents the LGU in applying for the Long Certificate of Registration (LCR) according to Section 5.5 of the IRR of RA 10591.
Registered firearms of LGUs are only issued to government officials or employees with permanent plantilla positions through a Short Certificate of Registration issued by the Firearms and Explosives Office (FEO), per Section 5.5.2 of RA 10591 IRR.
NAPOLCOM's position, as per their 2017 letter, is that RA 10591 revoked the authority of Police Auxiliary Units to carry firearms under previous NAPOLCOM regulations.
No, Barangay Tanods are not allowed by law to be armed with guns according to DILG Legal Opinion No. 31, s. 2011.
Barangay Tanods are equipped with gadgets such as nightsticks with teargas, handcuffs with holster, whistle, flashlight, raincoat, rainboots, small notebooks and ballpens, and first aid kits.
They must recall all LGU-owned firearms assigned to Barangay Tanods and Police Auxiliary Units or LGU employees not holding a plantilla position, and ensure these officials do not carry firearms in the performance of their duties.
All Provincial Governors, City and Municipal Mayors, Punong Barangays, Barangay Tanods, DILG Regional, Provincial, City Directors and Field Officers, ARMM Regional Governor and all others concerned.
It took effect immediately upon issuance on 22 May 2018.