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 the
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 absence 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 lanuary 1998 is hereby superseded.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, Firearms
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
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