PROGUN Christmas street party which is the filing of our second petition to annul the LTOP and IRR will be on Monday 22 December 2014 Padre Faura Manila in front of the Supreme Court gate. No food, no drinks, No karaoke, just shouting and cursing angry words LOL! Meet 10am at Robinson's Manila Padre Faura entrance. Park at Mall car park. Hope to see you all there!
It is pathetic that in our democratic society we have to go to the Supreme Court to ensure that our basic rights are not trampled upon. What should come as a matter of course in any free and constitutional society, is hard fought in the Philippines. But this the price we have to pay for freedom. Vigilance is not a mere byword to be forgotten after the hard earned freedom we won in the 1986 EDSA Revolution. Patriotism is not a long lost term relegated to the heroes of the Philippine revolutionary war of 1896. In every generation new people are called up once again to stand up and slay the dragons of oppression and tyranny. Freedom is paid for by the blood and sacrifies of martyrs and heroes. It is our time. It is our fight. It is our responsibility.
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Tag: Supreme Court
Phase 3
Our fight against the oppressive firearms law and rules has now entered into a new phase. Phase 1 was the intial battle in the Supreme Court wherein PROGUN made a show of force and secured a temporary restraining order against the Philippine National Police ("PNP")and the implementation of anti-gun policies. Phase 2 just recently was concluded with the change in leadership within the PNP. Now, we are in Phase 3: which is a second petition in the Supreme Court for annulment of the License to Own and Possess Firearms ("LTOP") and the Implementing Rules and regulations of the oppressive firearms law RA 10591. Phase 4 is a long term fight in Congress and Senate to Amend RA 10591, which would have to wait till after 2016 when there is a change in this current anti-gun presidency and the political landscape.
PROGUN is challenging the LTOP requirement insofar as it is being applied retroactively by the PNP. Being a criminal law, RA 10591 should have only prospective application otherwise it runs afoul with Article 3 sec. 22 of the Constitution which prohibits Ex Post Facto. Simply stated, licensed gun owners who are already in possession of their firearms cannot be compelled to re-apply and re-qualify for a wholly new and more stringent firearms license, since their licenses were already legal and approved before. The same applies to licenses to deal, manufacture, and importation of firearms by entities licensed to engage in such activities.
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PROGUN is challenging the LTOP requirement insofar as it is being applied retroactively by the PNP. Being a criminal law, RA 10591 should have only prospective application otherwise it runs afoul with Article 3 sec. 22 of the Constitution which prohibits Ex Post Facto. Simply stated, licensed gun owners who are already in possession of their firearms cannot be compelled to re-apply and re-qualify for a wholly new and more stringent firearms license, since their licenses were already legal and approved before. The same applies to licenses to deal, manufacture, and importation of firearms by entities licensed to engage in such activities.
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PROGUN files Contempt Charges against PNP and Moves for the Suspension of the Expiration of All Firearms Licenses
Today, PROGUN filed a Verified Petition for Contempt with the Supreme Court against Chief Philippine National Police ("PNP") Gen Alan Purisima and five officers of the PNP Firearms And Explosives Office ("FEO") for their having violated the temporary restraining order ("TRO") of the court that was issued last 10 April 2014 in PROGUN's case versus the PNP. The Verified Petition for Contempt charged that the PNP on orders of its Chief Gen Purisima and implemeted by the officers of the FEO, continued to implement the centralized licensing policy of requiring licensed gun owners to go to Camp Crame, Quezon City personally to renew their licenses, which was specifically restrained and enjoined by the TRO. The same policy was imposed for all new firearms license applicants. The TRO likewise ordered the PNP to re-open their satellite offices in the regions to accept and process firearms license renewals, which was also not complied with. Lastly, the PNP likewise continued to process registration applications with the "Consent and Waiver" clause allowing the police to enter into the homes of licensed gun owners to inspect their firearms, which was also enjoined and restrained by the SC's TRO.
Under Sec. 7 Rule 71 of the Rules of Court, disobedience to a court order constitutes indirect contempt that may be punished by imprisonment or fine, or both in the discretion of the court. In addition, the acts which were committed in violation of the TRO may be ordered undone by the court.
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Under Sec. 7 Rule 71 of the Rules of Court, disobedience to a court order constitutes indirect contempt that may be punished by imprisonment or fine, or both in the discretion of the court. In addition, the acts which were committed in violation of the TRO may be ordered undone by the court.
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Supreme Court issues Temporary Restraining Order in favor of PROGUN
Today the Supreme Court of the Philippines acted upon the petition filed by PROGUN and issued a temporary restraining order against the Philippine National Police. As prayed for by PROGUN in its petition filed last 21 March 2014, the Supreme Court ordered the PNP to:
1. Stop the implementation of the centralized licensing and renewal scheme and revert back to the regional firearms processing via the PNP regional satellite offices;
2. Stop the implementation of the required "consent and waiver" for licensed gun owners to allow the police to enter gun owners' residences and inspect their licensed firearms;
3. Stop the use of courier services for delivery and release of approved firearms licenses.
The PNP as respondent in the case was likewise directed to file its comment on the merits of the petition within ten days from receipt of the order from the Supreme Court.
Coverage of the announcement by the Supreme Court can be viewed at this link here: https://anc.yahoo.com/video/sc-issues-tro-firearms-law-064603000.html Continue Reading
PROGUN files case in Supreme Court
Today PROGUN filed a petition in the Philippine Supreme Court petitioning for the annulment of several gun licensing policies of the Philippine government. The Philippine National Police ("PNP"), as the implementing agency of the firearms law RA 10591, was named as a respondent. The filing of this case is after a long period of unsuccesfully exhausting all remedies to meet and deal with the president and the PNP, who failed to heed our calls for changes to the system which has been hurting gun owners and dealers. Three core issues were raised in the petition, particularly: Continue Reading