Violators

Last week, it was reported that since the COMELEC gun ban had been implemented, 13 violators had been apprehended in the region. "According to the Regional Election Monitoring Action Center (REMAC) of the Philippine National Police (PNP) regional office here, police arrested 11 violators in Masbate and one each in the provinces of Camarines Sur [sic] as of January 18, 2010," stated the news report.

Related to the above are reports of private armed groups of PAGs in Masbate being identified and, supposedly, in the process of being disarmed and dismantled. These are all laudable efforts being exerted by our law enforcement agencies in pursuing the Comelec's task of implementing a gun ban during the election period of January 10 until June 9 of this year.

As can be recalled, the reason behind the gun ban is to curb if not to eliminate instances of election-related violence. The gun ban is intended to disarm those who would use violence as a tool in achieving their political ends.

Alas, as we wrote last January 3, disarming PAGs through a gun ban will not be enough in preventing violence. For one, there are too many exemptions in the "total gun ban" which can be subject to abuse and distortion. Consider Section 6 of Comelec's Resolution 8714 which contains the "gun ban":

"SEC. 6. Who may be assigned security personnel or bodyguards. -- When circumstances warrant, including but not limited to threats to life and security, a candidate to public office, including incumbent public officer, and private individual, may, upon application, be assigned regular members of the PNP or the AFP, or the National Bureau of Investigation, and as augmentation, duly licensed/authorized Protective Agents of Private Detective Agencies, to provide security, for the duration of the election period. (our emphasis)"

This "augmentation clause" in the "total gun ban" resolution is worrisome since it provides the occasion for arming private individuals under the pretext of "warranting circumstances." Corruption, strong social or kinship ties, have shown in the past how clauses like this can be manipulated to serve private ends. It would not be surprising if the same occurs in the present situation.

Hence, while gun ban violators had been apprehended (noticeably however, none can be considered as a "big fish" among the catch), the lack of adherence to the "rule of law," most especially among those who are tasked to uphold and enforce it, will prove to be the greatest obstacle in preventing election-related violence. This "culture of impunity" towards the law cannot be thwarted by a gun ban. Yet, it can be resisted and overhauled by a counter-culture based on respect for the rule of the law, not only as it is written, but more importantly, in its spirit.

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