Sec. 3. Exceptions. - The prohibitions in Section 2 hereof shall not apply in following instances: a. Officers or members of the AFP, PNP, or any law enforcement agency constituting the normal security personnel complement of the incumbent President, Vice President, Senate President, Speaker of the House of Representatives, Chief Justice of the Supreme Court, Secretary of National Defense, Secretary of Interior and Local Government, Chief of Staff of the AFP and AFP Major Service Commanders, Director General of the PNP and senior officers thereof while in actual performance of their duties;
Senior officers shall include battalion commanders, group commanders, regimental commanders, brigade commanders, division commanders, and their equivalents in the Navy and Air Force, Specified Command and AFP-wide Service Support Units, and those higher in the hierarchy of the AFP including all active generals; and Provincial Directors, District Directors designated in the NCR, Regional Directors, and Directors of Intelligence operations and administrative units and other Directors, Deputy Director Generals, and Director General within the General Headquarters-PNP; and all members of the Committee on Firearms and Security Personnel constituted under Section 5 hereof; b. Regular officers or members of the AFP/PNP and other law enforcement agencies of the government, except those who are under suspension and those against whom administrative or criminal charges have been filed, provided that when in the possession of firearms the law enforcement officer must be: (1) in full uniform showing clearly and legibly his name, rank and serial number which shall remain visible at all times; (2) in the actual performance of duty in the specific area designated in the mission order approved by the Commanding General or officer of the unit; and (3) going to or returning from residence/barracks; c. Cashiers and disbursing officers while in the performance of their duties if authorized in writing by the Commission specifically when said persons transport or disburse payrolls or deposit or carry large sums of money or other valuables; d. Members of duly authorized security or police organizations of government agencies, commissions, councils, bureaus, offices or government-owned or controlled corporations or privately owned or operated security, investigative, protective or intelligence agencies in the actual performance in the specific area of their assignment, of their duties with prior written authority from the Commission.
The exception also applies to these personnel when:
1. Pursuing a person committing or has just committed a crime in the premises being guarded;
2. Actually escorting or providing security for the transport of payrolls, deposits or other valuables with prior written authority from the Commission;
3. Guarding private residence, buildings or offices, with prior written authority of the Commission; and
4. With respect to guards of the Bureau of Jail Management and Penology and provincial or city jails, only while escorting prisoners to and from prosecution offices, tribunals or courts in compliance with subpoena issued for the purpose, and with prior written authority of the Commission.
a. Members of the AFP and PNP;
1. When the President of the Philippines shall have given previous authority therefor, in the interest of preserving law and order, and the Commission notified thereof in writing;
2. When authorized by the Commission, which shall issue the permit only if it is necessary for the maintenance of a free, orderly and honest elections.
b. Other military or police personnel, including member of the AFP and PNP intelligence units, such as the ISAFP and the AFPWSSU, whose true names, rank and serial number are registered with the Commission. c. Regular agents of the National Bureau of Investigation (NBI) and NICA when conducting legitimate official operations or missions with prior written specific authority of the Commission. d. Members of the PNP, AFP or other law enforcement agencies of the government authorized to act as bodyguard of candidates subject to the conditions provided for herein. e. Security pertaining to accredited members of the diplomatic and consular personnel and establishments as governed by international law, provided that an official list of the security personnel for the diplomatic officers and establishments be furnished the Committee. The exemption extended to members of the AFP, PNP and other government personnel shall be limited to government issued firearm(s) in their name and covered by the proper Memorandum Receipts or other official documentations for the purpose.
