An ordinance regulating the peddling of bladed weapons within Puerto Princesa City is being pushed in the City Council.
Councilor Peter Maristela, committee on trade and industry chairman, stated during his report Monday the main objective of the measure is to ensure public safety.
“The Philippine National Police Puerto Princesa City supports and commends the proposed ordinance as a good measure to prevent future accidents that may be caused by the selling of deadly weapons,” said Maristela.
The weapons referred to are samurai or katana, sword, machete, and different kinds of knives and others alike, which can inflict physical harm to people.
He said the measure was earlier focused on “prohibition” of peddling these bladed weapons, but the City Legal Office (CLO) released its legal opinion verbally that the plenary may only “regulate and not prohibit” the practice of the trade.
Maristela said Councilor Henry Gadiano, the author of the ordinance, positively took the suggestion and amended the title.
Under the proposal, peddlers of bladed weapons are not allowed to sell to minors, nor peddle around within 100 meters from schools and churches.
Permits from and necessary fees to the government were also proposed under the measure, including the provision of cover or sheaths to the bladed weapons to minimize the probability of accidents.
However, Councilor Herbert Dilig made some clarifications and questions on the measure citing the Batas Pambansa (BP) No. 6, which rightfully allow carrying of bladed weapons outside one’s residence “only” for the purpose of lawful activity or if these articles are used as tools necessary to earn a livelihood.
“Under BP-6, it is prohibited. The general rule is we carry [these weapons] outside is prohibited except when it is used as an implementing tool, and the other exception is ‘or in pursuit of a lawful activity’,” said Dilig.
Dilig reiterated that under BP No. 6, the carrier of the bladed weapon was presupposed as the one to use it as an article necessary to his livelihood.
Councilor Nesario Awat also added that BP-6 has on it attached penalties for the illegal possession of deadly weapons, which cannot be contradicted by any local law, even through an issuance of mayor’s permit on the peddlers.
While the author of the proposed measure was amenable to the earlier suggestions, the plenary decided to ask for further legal opinion from the CLO.
Gadiano also reiterated that it was their earlier intention to actually prohibit the peddling, but was “verbally” advised by the CLO to only regulate.
“If we are talking about engineering works, I will ask the engineer. If we are talking about legal matters, I will ask the lawyer. That is why the intention of this ordinance was to really ‘prohibit the selling or the peddling’ of these bladed weapons. It was never the intention of the author that this will be allowed. [However], the legal opinion says we cannot prohibit the selling, [but] we can only regulate,” said Gadiano.
The plenary will once again consult the CLO if prohibiting, not only regulating, the peddling of bladed weapons in the city is possible.
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