OCA CIRCULAR NO. 108-2005, October 19, 2005

OCA CIRCULAR NO. 108-2005, October 19, 2005

OCA Circulars October 19, 2005
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TO: ALL TRIAL JUDGES
SUBJECT:

GUIDELINES FOR THE SPECIAL PROCESSING PRIVILEGES FOR THE FIREARMS OF THE JUDGES

The Supreme Court En Banc in its Resolution dated 4 October 2005 in A.M.  No. 04-6-18-SC, Re: Position Paper on Continuing Assassinations/Intentional Killings of Judges While in the Performance of Their Duties, Resolved to APPROVE
the following Guidelines for the Special Processing Privileges for the
Firearms of the Judges, as proposed by the OCA Committee on Security for
Lower Court Judges, to wit:

I. Responsibilities of the OCA Security Committee

A. Evaluation of Applications for PTCFOR

  1. Judges who wish to apply for PTCFOR with the endorsement of the OCA shall submit the following to the OCA Security Committee:

    1. Application form with 2×2 ID picture (form may be secured in the Camp Crame, the Office of the PNP Regional Commander or the Office of the Provincial Police Director)

    2. Neuro-Psychiatric (NP) Clearance
    3. Drug Test Clearance
    4. Duly authenticated copy of oath of office/appointment of applicant
    5. Photocopy of valid firearms license
    6. Certification that the applicant has
      undergone basic firearms handling, nun safety seminar and proficiency
      firing, from a duly accredited gun club or from the OCA Security
      Committee

    7. Certification on the authenticity and genuineness of the documents submitted
    8. Payment in cashier’s/managers check or postal
      money order in the initial amount of P150,000, subject to reasonable
      increases as the PNP may impose
  2. The Security Committee, in
    coordination with the Philippine Judicial Academy, shall undertake to
    conduct basic firearms handling, gun safety seminars and proficiency
    firing for those members of the judiciary who wish to apply for PTCFOR
    in coordination with law enforcement agencies, and issue certifications
    for those applicants for PTCFOR who attend the same.

  3. The Security Committee shall
    evaluate within one (1) week from receipt thereof applications for
    PTCFOR of members of the judiciary and ensure that only applications of
    those who are qualified, competent, and who have submitted the complete
    required documents shall be endorsed by the OCA to the PNR.

  4. Applications endorsed by the
    Security Committee shall be filed at the FED, Camp Crame, Quezon City,
    by the liaison officer of the OCA.

II. Responsibilities of the PNP

A. Processing of Applications Endorsed by OCA

  1. Applications for the PTCFOR
    endorsed by the OCA shall be limited to handguns. In extreme cases of
    threats and imminent danger to one’s life, high-powered rifles/shotguns
    may be allowed, as determined by the PNP.

  2. The PNP shall fast tract the printing and issuance of the PTCFOR ID Card of the members of the judiciary, which shall be valid
    for a duration of one (1) year from the date of the approval by
    the Chief, PNP; PROVIDED: that the period of one (1) year may be
    shortened upon recommendation of the OCA.

  3. The PNP shall deliver to the OCA Security Committee
    all approved PTCFOR ID cards of members of the judiciary after payment
    of the appropriate fee. The OCA Security Committee shall be responsible
    for the distribution and release of the cards to the applicants.

B. Revocation and cancellation of the firearms license and PTCFOR

  1. The PNP shall provide for the guidelines to be observed in the
    revocation and cancellation of the firearms license and PTCFOR of
    members of the judiciary pursuant to existing laws and regulations for
    the following causes, and such other causes as they see fit:

    1. Loss of firearms through negligence
    2. Carrying of firearm in prohibited places
    3. Conviction of a crime involving moral turpitude or any
      other offense where the penalty imposed is more than six (6) months
      imprisonment or a fine of at least P10,000.00

    4. Dismissal for cause from the service
    5. Commission of a crime where a firearm is used
    6. Violation of the conditions the PTCFOR is issued
  2. The OCA Security Committee may recommend toe revocation of the PTCFOR to the PNP if warranted by the circumstance.

For your information and guidance

October __19__ 2005.

 
PRESBITERO J. VELASCO, JR.
 
Court Administrator