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    OCA Circular No. 11 2011

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    mike_val
    This circular amends OCA Circular 1-98 regarding the issuance of court processes for records on firearms and explosives. It directs courts to accept certifications from the Records Branch of the Firearms and Explosives Division as sufficient evidence of a person's license status, rather than requiring personal appearances from FED records personnel. This is in line with a Supreme Court ruling that such certifications should be accepted by courts to determine the presence or absence of a valid license in illegal possession of firearms cases. Courts are now prohibited from subpoenaing FED records staff and must admit their certifications as proof of license possession or non-possession.

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    OCA Circular No. 11 2011

    Uploaded by

    mike_val
    327 views1 page
    This circular amends OCA Circular 1-98 regarding the issuance of court processes for records on firearms and explosives. It directs courts to accept certifications from the Records Branch of the Firearms and Explosives Division as sufficient evidence of a person's license status, rather than requiring personal appearances from FED records personnel. This is in line with a Supreme Court ruling that such certifications should be accepted by courts to determine the presence or absence of a valid license in illegal possession of firearms cases. Courts are now prohibited from subpoenaing FED records staff and must admit their certifications as proof of license possession or non-possession.

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    This circular amends OCA Circular 1-98 regarding the issuance of court processes for records on firearms and explosives. It directs courts to accept certifications from the Records Branch of the Firearms and Explosives Division as sufficient evidence of a person's license status, rather than requiring personal appearances from FED records personnel. This is in line with a Supreme Court ruling that such certifications should be accepted by courts to determine the presence or absence of a valid license in illegal possession of firearms cases. Courts are now prohibited from subpoenaing FED records staff and must admit their certifications as proof of license possession or non-possession.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    327 views1 page

    OCA Circular No. 11 2011

    Uploaded by

    mike_val
    This circular amends OCA Circular 1-98 regarding the issuance of court processes for records on firearms and explosives. It directs courts to accept certifications from the Records Branch of the Firearms and Explosives Division as sufficient evidence of a person's license status, rather than requiring personal appearances from FED records personnel. This is in line with a Supreme Court ruling that such certifications should be accepted by courts to determine the presence or absence of a valid license in illegal possession of firearms cases. Courts are now prohibited from subpoenaing FED records staff and must admit their certifications as proof of license possession or non-possession.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 1

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    OCA CIRCULAR NO. 11-2011

    ALL JUSTICES OF "THE SANDIGANBAYAN, JUDGES OF THE


    REGIONAL TRIAL COURTS, SHARI'A DISTRICT COURTS, METROPOLITAN
    TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL
    COURTS, SHARI'A CIRCUIT COURTS AND MUNICIPAL CIRCUIT TRIAL
    COURTS.

    SUBJECT AMENDMENT OF OCA CIRCULAR 1-98 ON THE ISSUANCE OF


    COURT PROCESSES RELATIVE RECORDS ON FIREARMS AND EXPLOSIVES

    OCA Circular No, 1-98 dated 2 .lanuary 1998 directs the courts to address "all
    summonses and processes seeking to establish official records or information regarding
    firearms and explosives x x x to q'he Chief, Records Branch, Firearms and Explosives
    Division (FED)."

    However, in the later case of De/Rosario vs. People (G.R. No. 142295, 31 Hay
    2001), the Supreme Court held that the certification issued by the Records Branch of
    the FED on whether a person is a licensed firearm holder is sufficient evidence and
    should be accepted by the courts in determining the presence or ab6ence of a valid
    license or permit to own or possess firearms or explosives in order to establish the
    offense of Illegal Possession of Firearms. Consequently, the appearance of FED records
    personnel before the courts is not absolutely necessary in order to establish the
    authenticity such FED certification, and the latter shall he recognized by the Court as
    sufficient to establish the fact that the accused had or had no license or permit to own
    or possess the firearm or explosive.

    WHEREFORE, OCA Circular No. 1-98 dated 2 .lanuary 1998 is hereby superseded.
    All lower courts are hereby directed to desist from issuing subpoenas, summonses or
    other processes requiring the personal appearance of the Chief, Records Section,
    Rrearms and Explosives Office (FEO) and shall admit the certification issued by the FEO
    Records Section as sufficient proof of the fact of possession or non-possession of a valid
    license to own or possess firearms or explosives in the offense of Illegal Possession of
    Firearms without further need of requiring the appearance of the FEO records personnel
    to testify on the authenticity thereof.

    This Circular shall take effect immediately.

    18 January2011.

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