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Republic of the Philippines

Congress of the Philippines


Metro Manila
Ninth Congress

Republic Act No. 7610

June 17, 1992

AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION


AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
ARTICLE I
Title, Policy, Principles and Definitions of Terms
Section 1. Title. This Act shall be known as the "Special Protection of Children Against Abuse,
Exploitation and Discrimination Act."
Section 2. Declaration of State Policy and Principles. It is hereby declared to be the policy of the State
to provide special protection to children from all firms of abuse, neglect, cruelty exploitation and
discrimination and other conditions, prejudicial their development; provide sanctions for their
commission and carry out a program for prevention and deterrence of and crisis intervention in situations
of child abuse, exploitation and discrimination. The State shall intervene on behalf of the child when the
parent, guardian, teacher or person having care or custody of the child fails or is unable to protect the
child against abuse, exploitation and discrimination or when such acts against the child are committed by
the said parent, guardian, teacher or person having care and custody of the same.1awphi1@alf
It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by
circumstances which affect or will affect their survival and normal development and over which they have
no control.
The best interests of children shall be the paramount consideration in all actions concerning them,
whether undertaken by public or private social welfare institutions, courts of law, administrative
authorities, and legislative bodies, consistent with the principle of First Call for Children as enunciated in
the United Nations Convention of the Rights of the Child. Every effort shall be exerted to promote the
welfare of children and enhance their opportunities for a useful and happy life.
Section 3. Definition of Terms.
(a) "Children" refers to person below eighteen (18) years of age or those over but are unable to
fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental disability or condition;

(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes
any of the following:
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional
maltreatment;
(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth
and dignity of a child as a human being;
(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or
(4) Failure to immediately give medical treatment to an injured child resulting in serious
impairment of his growth and development or in his permanent incapacity or death.
(c) "Circumstances which gravely threaten or endanger the survival and normal development of
children" include, but are not limited to, the following;
(1) Being in a community where there is armed conflict or being affected by armed
conflict-related activities;
(2) Working under conditions hazardous to life, safety and normal which unduly interfere
with their normal development;
(3) Living in or fending for themselves in the streets of urban or rural areas without the
care of parents or a guardian or basic services needed for a good quality of life;
(4) Being a member of a indigenous cultural community and/or living under conditions of
extreme poverty or in an area which is underdeveloped and/or lacks or has inadequate
access to basic services needed for a good quality of life;
(5) Being a victim of a man-made or natural disaster or calamity; or
(6) Circumstances analogous to those abovestated which endanger the life, safety or
normal development of children.
(d) "Comprehensive program against child abuse, exploitation and discrimination" refers to the
coordinated program of services and facilities to protected children against:
(1) Child Prostitution and other sexual abuse;
(2) Child trafficking;
(3) Obscene publications and indecent shows;
(4) Other acts of abuses; and
(5) Circumstances which threaten or endanger the survival and normal development of
children.1awphi1

ARTICLE II
Program on Child Abuse, Exploitation and Discrimination
Section 4. Formulation of the Program. There shall be a comprehensive program to be formulated, by
the Department of Justice and the Department of Social Welfare and Development in coordination with
other government agencies and private sector concerned, within one (1) year from the effectivity of this
Act, to protect children against child prostitution and other sexual abuse; child trafficking, obscene
publications and indecent shows; other acts of abuse; and circumstances which endanger child survival
and normal development.
ARTICLE III
Child Prostitution and Other Sexual Abuse
Section 5. Child Prostitution and Other Sexual Abuse. Children, whether male or female, who for
money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or
group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in
prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the
following:
(a) Those who engage in or promote, facilitate or induce child prostitution which include, but are
not limited to, the following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by means of written or oral
advertisements or other similar means;
(3) Taking advantage of influence or relationship to procure a child as prostitute;
(4) Threatening or using violence towards a child to engage him as a prostitute; or
(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent
to engage such child in prostitution.
(b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited
in prostitution or subject to other sexual abuse; Provided, That when the victims is under twelve
(12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and
Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct,
as the case may be: Provided, That the penalty for lascivious conduct when the victim is under
twelve (12) years of age shall be reclusion temporal in its medium period; and
(c) Those who derive profit or advantage therefrom, whether as manager or owner of the
establishment where the prostitution takes place, or of the sauna, disco, bar, resort, place of
entertainment or establishment serving as a cover or which engages in prostitution in addition to
the activity for which the license has been issued to said establishment.

Section 6. Attempt To Commit Child Prostitution. There is an attempt to commit child prostitution
under Section 5, paragraph (a) hereof when any person who, not being a relative of a child, is found alone
with the said child inside the room or cubicle of a house, an inn, hotel, motel, pension house, apartelle or
other similar establishments, vessel, vehicle or any other hidden or secluded area under circumstances
which would lead a reasonable person to believe that the child is about to be exploited in prostitution and
other sexual abuse.
There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof when any
person is receiving services from a child in a sauna parlor or bath, massage clinic, health club and other
similar establishments. A penalty lower by two (2) degrees than that prescribed for the consummated
felony under Section 5 hereof shall be imposed upon the principals of the attempt to commit the crime of
child prostitution under this Act, or, in the proper case, under the Revised Penal Code.
ARTICLE IV
Child Trafficking
Section 7. Child Trafficking. Any person who shall engage in trading and dealing with children
including, but not limited to, the act of buying and selling of a child for money, or for any other
consideration, or barter, shall suffer the penalty of reclusion temporal to reclusion perpetua. The penalty
shall be imposed in its maximum period when the victim is under twelve (12) years of age.
Section 8. Attempt to Commit Child Trafficking. There is an attempt to commit child trafficking under
Section 7 of this Act:1awphi1@alf
(a) When a child travels alone to a foreign country without valid reason therefor and without
clearance issued by the Department of Social Welfare and Development or written permit or
justification from the child's parents or legal guardian;
(c) When a person, agency, establishment or child-caring institution recruits women or couples to
bear children for the purpose of child trafficking; or
(d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or
any other person simulates birth for the purpose of child trafficking; or
(e) When a person engages in the act of finding children among low-income families, hospitals,
clinics, nurseries, day-care centers, or other child-during institutions who can be offered for the
purpose of child trafficking.
A penalty lower two (2) degrees than that prescribed for the consummated felony under Section 7 hereof
shall be imposed upon the principals of the attempt to commit child trafficking under this Act.
ARTICLE V
Obscene Publications and Indecent Shows
Section 9. Obscene Publications and Indecent Shows. Any person who shall hire, employ, use,
persuade, induce or coerce a child to perform in obscene exhibitions and indecent shows, whether live or
in video, or model in obscene publications or pornographic materials or to sell or distribute the said
materials shall suffer the penalty of prision mayor in its medium period.

If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the penalty
shall be imposed in its maximum period.
Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall cause
and/or allow such child to be employed or to participate in an obscene play, scene, act, movie or show or
in any other acts covered by this section shall suffer the penalty of prision mayor in its medium period.
ARTICLE VI
Other Acts of Abuse
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to
the Child's Development.
(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be
responsible for other conditions prejudicial to the child's development including those covered by
Article 59 of Presidential Decree No. 603, as amended, but not covered by the Revised Penal
Code, as amended, shall suffer the penalty of prision mayor in its minimum period.
(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or who
in ten (10) years or more his junior in any public or private place, hotel, motel, beer joint,
discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or
similar places shall suffer the penalty of prision mayor in its maximum period and a fine of not
less than Fifty thousand pesos (P50,000): Provided, That this provision shall not apply to any
person who is related within the fourth degree of consanguinity or affinity or any bond
recognized by law, local custom and tradition or acts in the performance of a social, moral or
legal duty.
(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to
keep or have in his company a minor as provided in the preceding paragraph shall suffer the
penalty of prision mayor in its medium period and a fine of not less than Forty thousand pesos
(P40,000); Provided, however, That should the perpetrator be an ascendant, stepparent or
guardian of the minor, the penalty to be imposed shall be prision mayor in its maximum period, a
fine of not less than Fifty thousand pesos (P50,000), and the loss of parental authority over the
minor.
(d) Any person, owner, manager or one entrusted with the operation of any public or private place
of accommodation, whether for occupancy, food, drink or otherwise, including residential places,
who allows any person to take along with him to such place or places any minor herein described
shall be imposed a penalty of prision mayor in its medium period and a fine of not less than Fifty
thousand pesos (P50,000), and the loss of the license to operate such a place or establishment.
(e) Any person who shall use, coerce, force or intimidate a street child or any other child to;
(1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug trafficking or pushing; or
(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its
medium period to reclusion perpetua.

For purposes of this Act, the penalty for the commission of acts punishable under Articles 248, 249, 262,
paragraph 2, and 263, paragraph 1 of Act No. 3815, as amended, the Revised Penal Code, for the crimes
of murder, homicide, other intentional mutilation, and serious physical injuries, respectively, shall be
reclusion perpetua when the victim is under twelve (12) years of age. The penalty for the commission of
acts punishable under Article 337, 339, 340 and 341 of Act No. 3815, as amended, the Revised Penal
Code, for the crimes of qualified seduction, acts of lasciviousness with the consent of the offended party,
corruption of minors, and white slave trade, respectively, shall be one (1) degree higher than that imposed
by law when the victim is under twelve (12) years age.
The victim of the acts committed under this section shall be entrusted to the care of the Department of
Social Welfare and Development.
ARTICLE VII
Sanctions for Establishments or Enterprises
Section 11. Sanctions of Establishments or Enterprises which Promote, Facilitate, or Conduct
Activities Constituting Child Prostitution and Other Sexual Abuse, Child Trafficking, Obscene
Publications and Indecent Shows, and Other Acts of Abuse. All establishments and enterprises which
promote or facilitate child prostitution and other sexual abuse, child trafficking, obscene publications and
indecent shows, and other acts of abuse shall be immediately closed and their authority or license to
operate cancelled, without prejudice to the owner or manager thereof being prosecuted under this Act
and/or the Revised Penal Code, as amended, or special laws. A sign with the words "off limits" shall be
conspicuously displayed outside the establishments or enterprises by the Department of Social Welfare
and Development for such period which shall not be less than one (1) year, as the Department may
determine. The unauthorized removal of such sign shall be punishable by prision correccional.
An establishment shall be deemed to promote or facilitate child prostitution and other sexual abuse, child
trafficking, obscene publications and indecent shows, and other acts of abuse if the acts constituting the
same occur in the premises of said establishment under this Act or in violation of the Revised Penal Code,
as amended. An enterprise such as a sauna, travel agency, or recruitment agency which: promotes the
aforementioned acts as part of a tour for foreign tourists; exhibits children in a lewd or indecent show;
provides child masseurs for adults of the same or opposite sex and said services include any lascivious
conduct with the customers; or solicits children or activities constituting the aforementioned acts shall be
deemed to have committed the acts penalized herein.
ARTICLE VIII
Working Children
Section 12. Employment of Children. Children below fifteen (15) years of age may be employed
except:
(1) When a child works directly under the sole responsibility of his parents or legal guardian and
where only members of the employer's family are employed: Provided, however, That his
employment neither endangers his life, safety and health and morals, nor impairs his normal
development: Provided, further, That the parent or legal guardian shall provide the said minor
child with the prescribed primary and/or secondary education; or
(2) When a child's employment or participation in public & entertainment or information through
cinema, theater, radio or television is essential: Provided, The employment contract concluded by
the child's parent or guardian, with the express agreement of the child concerned, if possible, and

the approval of the Department of Labor and Employment: Provided, That the following
requirements in all instances are strictly complied with:
(a) The employer shall ensure the protection, health, safety and morals of the child;
(b) the employer shall institute measures to prevent the child's exploitation or discrimination
taking into account the system and level of remuneration, and the duration and arrangement of
working time; and;
(c) The employer shall formulate and implement, subject to the approval and supervision of
competent authorities, a continuing program for training and skill acquisition of the child.
In the above exceptional cases where any such child may be employed, the employer shall first secure,
before engaging such child, a work permit from the Department of Labor and Employment which shall
ensure observance of the above requirement.
The Department of Labor Employment shall promulgate rules and regulations necessary for the effective
implementation of this Section.
Section 13. Non-formal Education for Working Children. The Department of Education, Culture and
Sports shall promulgate a course design under its non-formal education program aimed at promoting the
intellectual, moral and vocational efficiency of working children who have not undergone or finished
elementary or secondary education. Such course design shall integrate the learning process deemed most
effective under given circumstances.
Section 14. Prohibition on the Employment of Children in Certain Advertisements. No person shall
employ child models in all commercials or advertisements promoting alcoholic beverages, intoxicating
drinks, tobacco and its byproducts and violence.
Section 15. Duty of Employer. Every employer shall comply with the duties provided for in Articles
108 and 109 of Presidential Decree No. 603.
Section 16. Penalties. Any person who shall violate any provision of this Article shall suffer the penalty
of a fine of not less than One thousand pesos (P1,000) but not more than Ten thousand pesos (P10,000) or
imprisonment of not less than three (3) months but not more than three (3) years, or both at the discretion
of the court; Provided, That, in case of repeated violations of the provisions of this Article, the offender's
license to operate shall be revoked.
ARTICLE IX
Children of Indigenous Cultural Communities
Section 17. Survival, Protection and Development. In addition to the rights guaranteed to children
under this Act and other existing laws, children of indigenous cultural communities shall be entitled to
protection, survival and development consistent with the customs and traditions of their respective
communities.
Section 18. System of and Access to Education. The Department of Education, Culture and Sports shall
develop and institute an alternative system of education for children of indigenous cultural communities
which culture-specific and relevant to the needs of and the existing situation in their communities. The

Department of Education, Culture and Sports shall also accredit and support non-formal but functional
indigenous educational programs conducted by non-government organizations in said communities.
Section 19. Health and Nutrition. The delivery of basic social services in health and nutrition to
children of indigenous cultural communities shall be given priority by all government agencies
concerned. Hospitals and other health institution shall ensure that children of indigenous cultural
communities are given equal attention. In the provision of health and nutrition services to children of
indigenous cultural communities, indigenous health practices shall be respected and recognized.
Section 20. Discrimination. Children of indigenous cultural communities shall not be subjected to any
and all forms of discrimination.
Any person who discriminate against children of indigenous cultural communities shall suffer a penalty of
arresto mayor in its maximum period and a fine of not less than Five thousand pesos (P5,000) more than
Ten thousand pesos (P10,000).
Section 21. Participation. Indigenous cultural communities, through their duly-designated or appointed
representatives shall be involved in planning, decision-making implementation, and evaluation of all
government programs affecting children of indigenous cultural communities. Indigenous institution shall
also be recognized and respected.
ARTICLE X
Children in Situations of Armed Conflict
Section 22. Children as Zones of Peace. Children are hereby declared as Zones of Peace. It shall be the
responsibility of the State and all other sectors concerned to resolve armed conflicts in order to promote
the goal of children as zones of peace. To attain this objective, the following policies shall be observed.
(a) Children shall not be the object of attack and shall be entitled to special respect. They shall be
protected from any form of threat, assault, torture or other cruel, inhumane or degrading
treatment;
(b) Children shall not be recruited to become members of the Armed Forces of the Philippines of
its civilian units or other armed groups, nor be allowed to take part in the fighting, or used as
guides, couriers, or spies;
(c) Delivery of basic social services such as education, primary health and emergency relief
services shall be kept unhampered;
(d) The safety and protection of those who provide services including those involved in factfinding missions from both government and non-government institutions shall be ensured. They
shall not be subjected to undue harassment in the performance of their work;
(e) Public infrastructure such as schools, hospitals and rural health units shall not be utilized for
military purposes such as command posts, barracks, detachments, and supply depots; and
(f) All appropriate steps shall be taken to facilitate the reunion of families temporarily separated
due to armed conflict.

Section 23. Evacuation of Children During Armed Conflict. Children shall be given priority during
evacuation as a result of armed conflict. Existing community organizations shall be tapped to look after
the safety and well-being of children during evacuation operations. Measures shall be taken to ensure that
children evacuated are accompanied by persons responsible for their safety and well-being.
Section 24. Family Life and Temporary Shelter. Whenever possible, members of the same family shall
be housed in the same premises and given separate accommodation from other evacuees and provided
with facilities to lead a normal family life. In places of temporary shelter, expectant and nursing mothers
and children shall be given additional food in proportion to their physiological needs. Whenever feasible,
children shall be given opportunities for physical exercise, sports and outdoor games.
Section 25. Rights of Children Arrested for Reasons Related to Armed Conflict. Any child who has
been arrested for reasons related to armed conflict, either as combatant, courier, guide or spy is entitled to
the following rights;
(a) Separate detention from adults except where families are accommodated as family units;
(b) Immediate free legal assistance;
(c) Immediate notice of such arrest to the parents or guardians of the child; and
(d) Release of the child on recognizance within twenty-four (24) hours to the custody of the
Department of Social Welfare and Development or any responsible member of the community as
determined by the court.
If after hearing the evidence in the proper proceedings the court should find that the aforesaid child
committed the acts charged against him, the court shall determine the imposable penalty, including any
civil liability chargeable against him. However, instead of pronouncing judgment of conviction, the court
shall suspend all further proceedings and shall commit such child to the custody or care of the Department
of Social Welfare and Development or to any training institution operated by the Government, or dulylicensed agencies or any other responsible person, until he has had reached eighteen (18) years of age or,
for a shorter period as the court may deem proper, after considering the reports and recommendations of
the Department of Social Welfare and Development or the agency or responsible individual under whose
care he has been committed.
The aforesaid child shall subject to visitation and supervision by a representative of the Department of
Social Welfare and Development or any duly-licensed agency or such other officer as the court may
designate subject to such conditions as it may prescribe.
The aforesaid child whose sentence is suspended can appeal from the order of the court in the same
manner as appeals in criminal cases.
Section 26. Monitoring and Reporting of Children in Situations of Armed Conflict. The chairman of
the barangay affected by the armed conflict shall submit the names of children residing in said barangay
to the municipal social welfare and development officer within twenty-four (24) hours from the
occurrence of the armed conflict.
ARTICLE XI
Remedial Procedures

Section 27. Who May File a Complaint. Complaints on cases of unlawful acts committed against the
children as enumerated herein may be filed by the following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of consanguinity;1awphi1@ITC
(d) Officer, social worker or representative of a licensed child-caring institution;
(e) Officer or social worker of the Department of Social Welfare and Development;
(f) Barangay chairman; or
(g) At least three (3) concerned responsible citizens where the violation occurred.
Section 28. Protective Custody of the Child. The offended party shall be immediately placed under the
protective custody of the Department of Social Welfare and Development pursuant to Executive Order
No. 56, series of 1986. In the regular performance of this function, the officer of the Department of Social
Welfare and Development shall be free from any administrative, civil or criminal liability. Custody
proceedings shall be in accordance with the provisions of Presidential Decree No. 603.
Section 29. Confidentiality. At the instance of the offended party, his name may be withheld from the
public until the court acquires jurisdiction over the case.
It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials,
announcer or producer in case of television and radio broadcasting, producer and director of the film in
case of the movie industry, to cause undue and sensationalized publicity of any case of violation of this
Act which results in the moral degradation and suffering of the offended party.Lawphi1@alf
Section 30. Special Court Proceedings. Cases involving violations of this Act shall be heard in the
chambers of the judge of the Regional Trial Court duly designated as Juvenile and Domestic Court.
Any provision of existing law to the contrary notwithstanding and with the exception of habeas corpus,
election cases, and cases involving detention prisoners and persons covered by Republic Act No. 4908, all
courts shall give preference to the hearing or disposition of cases involving violations of this Act.
ARTICLE XII
Common Penal Provisions
Section 31. Common Penal Provisions.
(a) The penalty provided under this Act shall be imposed in its maximum period if the offender
has been previously convicted under this Act;
(b) When the offender is a corporation, partnership or association, the officer or employee thereof
who is responsible for the violation of this Act shall suffer the penalty imposed in its maximum
period;

(c) The penalty provided herein shall be imposed in its maximum period when the perpetrator is
an ascendant, parent guardian, stepparent or collateral relative within the second degree of
consanguinity or affinity, or a manager or owner of an establishment which has no license to
operate or its license has expired or has been revoked;
(d) When the offender is a foreigner, he shall be deported immediately after service of sentence
and forever barred from entry to the country;
(e) The penalty provided for in this Act shall be imposed in its maximum period if the offender is
a public officer or employee: Provided, however, That if the penalty imposed is reclusion
perpetua or reclusion temporal, then the penalty of perpetual or temporary absolute
disqualification shall also be imposed: Provided, finally, That if the penalty imposed is prision
correccional or arresto mayor, the penalty of suspension shall also be imposed; and
(f) A fine to be determined by the court shall be imposed and administered as a cash fund by the
Department of Social Welfare and Development and disbursed for the rehabilitation of each child
victim, or any immediate member of his family if the latter is the perpetrator of the offense.
ARTICLE XIII
Final Provisions
Section 32. Rules and Regulations. Unless otherwise provided in this Act, the Department of Justice, in
coordination with the Department of Social Welfare and Development, shall promulgate rules and
regulations of the effective implementation of this Act.
Such rules and regulations shall take effect upon their publication in two (2) national newspapers of
general circulation.
Section 33. Appropriations. The amount necessary to carry out the provisions of this Act is hereby
authorized to be appropriated in the General Appropriations Act of the year following its enactment into
law and thereafter.
Section 34. Separability Clause. If any provision of this Act is declared invalid or unconstitutional, the
remaining provisions not affected thereby shall continue in full force and effect.
Section 35. Repealing Clause. All laws, decrees, or rules inconsistent with the provisions of this Acts
are hereby repealed or modified accordingly.
Section 36. Effectivity Clause. This Act shall take effect upon completion of its publication in at least
two (2) national newspapers of general circulation.
Approved: June 17, 1992.

Republic of the Philippines


Congress of the Philippines
Metro Manila
Fifteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.
[REPUBLIC ACT NO. 10630]
AN ACT STRENGTHENING THE JUVENILE JUSTICE SYSTEM IN THE PHILIPPINES,
AMENDING FOR THE PURPOSEREPUBLIC ACT NO. 9344, OTHERWISE KNOWN AS THE
JUVENILE JUSTICE AND WELFARE ACT OF 2006 AND APPROPRIATING FUNDS
THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. The Title of Republic Act No. 9344 is hereby amended to read as follows: An Act
Establishing a Comprehensive Juvenile Justice and Welfare System, Creating the Juvenile justice and
Welfare Council under the Department of Social Welfare and Development, Appropriating Funds
Therefor, and for Other Purposes.
SEC. 2. Section 4 of Republic Act No. 9344 is hereby amended to read as follows:
SEC. 4. Definition of Terms. The following terms as used in this Act shall be defined as follows:
x

(s) Bahay Pag-asa refers to a 24-hour child-caring institution established, funded and managed by
local government units (LGUs) and licensed and/or accredited nongovernment organizations (NGOs)
providing short-term residential care for children in conflict with the law who are above fifteen (15) but
below eighteen (18) years of age who are awaiting court disposition of their cases or transfer to other
agencies or jurisdiction.
Part of the features of a Bahay Pag-asa is an intensive juvenile intervention and support center. This
will cater to children in conflict with the law in accordance with Sections 20, 20-A and 20-B hereof.
A multi-disciplinary team composed of a social worker, a psychologist/mental health professional, a
medical doctor, an educational/guidance counselor and a Barangay Council for the Protection of Children
(BCPC) member shall operate the Bahay Pag-asa. The team will work on the individualized intervention
plan with the child and the childs family.
x

x.

SEC. 3. Section 6 of Republic Act No. 9344 is hereby amended to read as follows:

SEC. 6. Minimum Age of Criminal Responsibility. A child fifteen (15) years of age or under at the time
of the commission of the offense shall be exempt from criminal liability. However, the child shall be
subjected to an intervention program pursuant to Section 20 of this Act.
A child is deemed to be fifteen (15) years of age on the day of the fifteenth anniversary of his/her
birthdate.
A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from
criminal liability and be subjected to an intervention program, unless he/she has acted with discernment,
in which case, such child shall be subjected to the appropriate proceedings in accordance with this Act.
The exemption from criminal liability herein established does not include exemption from civil liability,
which shall be enforced in accordance with existing laws.
SEC. 4. Section 8 of Republic Act No. 9344 is hereby amended to read as follows:
SEC. 8. Juvenile Justice and Welfare Council (JJWC). A Juvenile Justice and Welfare Council (JJWC)
is hereby created and attached to the Department of Social Welfare and Development and placed under its
administrative supervision. The JJWC shall be chaired by an Undersecretary of the Department of Social
Welfare and Development. It shall ensure the effective implementation of this Act and coordination
among the following agencies:
(a) Department of Justice (DOJ);
(b) Council for the Welfare of Children (CWC);
(c) Department of Education (DepED);
(d) Department of the Interior and Local Government (DILG);
(e) Public Attorneys Office (PAO);
(f) Bureau of Corrections (BUCOR);
(g) Parole and Probation Administration (PPA);
(h) National Bureau of Investigation (NBI);
(i) Philippine National Police (PNP);
(j) Bureau of Jail Management and Penology (BJMP);
(k) Commission on Human Rights (CHR);
(l) Technical Education and Skills Development Authority (TESDA);

(m) National Youth Commission (NYC); and


(n) Other institutions focused on juvenile justice and intervention programs.
The JJWC shall be composed of representatives, whose ranks shall not be lower than director, to be
designated by the concerned heads of the following departments or agencies and shall receive
emoluments as may be determined by the Council in accordance with existing budget and accounting
rules and regulations:
(1) Department of Justice (DOJ);
(2) Department of Social Welfare and Development (DSWD);
(3) Council for the Welfare of Children (CWC);
(4) Department of Education (DepED);
(5) Department of the Interior and Local Government (DILG);
(6) Commission on Human Rights (CHR);
(7) National Youth Commission (NYC);
(8) Two (2) representatives from NGOs, to be designated by the Secretary of Social Welfare and
Development, to be selected based on the criteria established by the Council;
(9) Department of Health (DOH); and
(10) One (1) representative each from the League of Provinces, League of Cities, League of
Municipalities and League of Barangays.
There shall be a Regional Juvenile Justice and Welfare Committee (RJJWC) in each region. The
RJJWCs will be under the administration and supervision of the JJWC. The RJJWC shall be chaired by
the director of the regional office of the DSWD. It shall ensure the effective implementation of this Act at
the regional and LGU levels and the coordination among its member agencies.
The RJJWC will be composed of permanent representatives who shall have a rank not lower than an
assistant regional director or its equivalent to be designated by the concerned department heads from the
following agencies and shall receive emoluments as may be determined by the Council in accordance
with existing budget and accounting rules and regulations:
(i) Department of Justice (DOJ);
(ii) Department of Social Welfare and Development (DSWD);

(iii) Department of Education (DepED);


(iv) Department of the Interior and Local Government (DILG);
(v) Commission on Human Rights (CHR);
(vi) Department of Health (DOH);
(vii) Two (2) representatives from NGOs operating within the region selected by the RJJWC based on
the criteria established by the JJWC;
(viii) One (1) sectoral representative from the children or youth sector within the region; and
(ix) One (1) representative from the League of Provinces/ Cities/ Municipalities/ Barangays of the
Philippines.
The JJWC shall convene within fifteen (15) days from the effectivity of this Act. The Secretary of Social
Welfare and Development shall determine the organizational structure and staffing pattern of the JJWC
national secretariat and the RJJWC secretariat.
In the implementation of this Act, the JJWC shall consult with the various leagues of local government
officials.
The JJWC shall coordinate with the Office of the Court Administrator and the Philippine Judicial
Academy to ensure the realization of its mandate and the proper discharge of its duties and functions, as
herein provided.
SEC.5. Section 9 of Republic Act No. 9344 is hereby amended to read as follows:
SEC. 9. Duties and Functions of the JJWC. The JJWC shall have the following duties and functions:
(a) To oversee the implementation of this Act;
(b) To advise the President on all matters and policies relating to juvenile justice and welfare;
(c) To assist the concerned agencies in the review and redrafting of existing policies/regulations or in the
formulation of new ones in line with the provisions of this Act;
(d) To periodically develop a comprehensive 3 to 5-year national juvenile intervention program, with the
participation of government agencies concerned, NGOs and youth organizations;
(e) To coordinate the implementation of the juvenile intervention programs and activities by national
government agencies and other activities which may have an important bearing on the success of the
entire national juvenile intervention program. All programs relating to juvenile justice and welfare shall
be adopted in consultation with the JJWC;

(f) To consult with the various leagues of local government officials in the formulation and
recommendation of policies and strategies for the prevention of juvenile delinquency and the promotion
of juvenile justice and welfare;
(g) To formulate and recommend policies and strategies in consultation with children for the prevention
of juvenile delinquency and the administration of justice, as well as for the treatment and rehabilitation of
the children in conflict with the law;
(h) To collect relevant information and conduct continuing research and support evaluations and studies
on all matters relating to juvenile justice and welfare, such as, but not limited to:
(1) The performance and results achieved by juvenile intervention programs and by activities of the local
government units and other government agencies;
(2) The periodic trends, problems and causes of juvenile delinquency and crimes; and
(3) The particular needs of children in conflict with the law in custody.
The data gathered shall be used by the JJWC in the improvement of the administration of juvenile justice
and welfare system.
The JJWC shall submit an annual report to Congress on the implementation of the provisions of this Act.
The JJWC shall set up a mechanism to ensure that children are involved in research and policy
development.
(i) Through duly designated persons and with the assistance of the agencies provided in the preceding
section, to conduct regular inspections in detention and rehabilitation facilities and to undertake spot
inspections on their own initiative in order to check compliance with the standards provided herein and to
make the necessary recommendations to appropriate agencies;
(j) To initiate and coordinate the conduct of trainings for the personnel of the agencies involved in the
administration of the juvenile justice and welfare system and the juvenile intervention program;
(k) To submit an annual report to the President on the implementation of this Act; and
(l) To perform such other functions as may be necessary to implement the provisions of this Act.
SEC. 9-A. Duties and Functions of the RJJWC. The RJJWC shall have the following duties and
functions:
(a) To oversee and ensure the effective implementation of this Act at the regional level and at the level of
the LGUs;

(b) To assist the concerned agencies in the implementation and in compliance with the JJWCs adopted
policies/regulations or provide substantial inputs to the JJWC in the formulation of new ones in line with
the provisions of this Act;
(c) To assist in the development of the comprehensive 3 to 5-year local juvenile intervention program,
with the participation of concerned LGUs, NGOs and youth organizations within the region and monitor
its implementation;
(d) To coordinate the implementation of the juvenile intervention programs and activities by national
government agencies and other activities within the region;
(e) To oversee the programs and operation of the intensive juvenile intervention and support center
established within the region;
(f) To collect relevant regional information and conduct continuing research and support evaluations and
studies on all matters relating to juvenile justice and welfare within the region, such as, but not limited to:
(1) Performance and results achieved by juvenile intervention programs and by activities of the LGUs
and other government agencies within the region;
(2) The periodic trends, problems and causes of juvenile delinquency and crimes from the LGU level to
the regional level; and
(3) The particular needs of children in conflict with the law in custody within their regional jurisdiction.
The data gathered shall be forwarded by the RJJWC to the JJWC on an annual basis and as may be
deemed necessary by the JJWC.
(g) Through duly designated persons and with the assistance of the agencies provided in the preceding
section, to conduct regular inspections in detention and rehabilitation facilities within the region and to
undertake spot inspections on their own initiative in order to check compliance with the standards
provided herein and to make the necessary reports and recommendations to appropriate agencies and to
the JJWC;
(h) To initiate and coordinate the conduct of trainings for the personnel of the agencies involved in the
administration of the juvenile justice and welfare system and the juvenile intervention program within the
region;
(i) To submit an annual report to the JJWC on the implementation of this Act; and
(j) To perform such other functions as may be determined by the JJWC to implement the provisions of
this Act.
SEC. 6. Section 20 of Republic Act No. 9344 is hereby amended to read as follows:

SEC. 20. Children Below the Age of Criminal Responsibility. If it has been determined that the child
taken into custody is fifteen (15) years old or below, the authority which will have an initial contact with
the child, in consultation with the local social welfare and development officer, has the duty to
immediately release the child to the custody of his/her parents or guardian, or in the absence thereof, the
childs nearest relative. The child shall be subjected to a community-based intervention program
supervised by the local social welfare and development officer, unless the best interest of the child
requires the referral of the child to a youth care facility or Bahay Pag-asa managed by LGUs or licensed
and/or accredited NGOs monitored by the DSWD.
The local social welfare and development officer shall determine the appropriate programs for the child
who has been released, in consultation with the child and the person having custody over the child. If the
parents, guardians or nearest relatives cannot be located, or if they refuse to take custody, the child may
be released to any of the following:
(a) A duly registered nongovernmental or religious organization;
(b) A barangay official or a member of the Barangay Council for the Protection of Children (BCPC);
(c) A local social welfare and development officer; or, when and where appropriate, the DSWD.
If the child has been found by the local social welfare and development officer to be dependent,
abandoned, neglected or abused by his/her parents and the best interest of the child requires that he/she be
placed in a youth care facility or Bahay Pag-asa, the childs parents or guardians shall execute a written
authorization for the voluntary commitment of the child: Provided, That if the child has no parents or
guardians or if they refuse or fail to execute the written authorization for voluntary commitment, the
proper petition for involuntary commitment shall be immediately filed by the DSWD or the Local Social
Welfare and Development Office (LSWDO) pursuant to Presidential Decree No. 603, as amended,
otherwise known as The Child and Youth Welfare Code and the Supreme Court rule on commitment of
children: Provided, further, That the minimum age for children committed to a youth care facility or
Bahay Pag-asa shall be twelve (12) years old.
SEC. 20-A. Serious Crimes Committed by Children Who Are Exempt From Criminal Responsibility. A
child who is above twelve (12) years of age up to fifteen (15) years of age and who commits parricide,
murder, infanticide, kidnapping and serious illegal detention where the victim is killed or raped, robbery,
with homicide or rape, destructive arson, rape, or carnapping where the driver or occupant is killed or
raped or offenses under Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002)
punishable by more than twelve (12) years of imprisonment, shall be deemed a neglected child under
Presidential Decree No. 603, as amended, and shall be mandatorily placed in a special facility within the
youth care faculty or Bahay Pag-asa called the Intensive Juvenile Intervention and Support Center
(IJISC).
In accordance with existing laws, rules, procedures and guidelines, the proper petition for involuntary
commitment and placement under the IJISC shall be filed by the local social welfare and development
officer of the LGU where the offense was committed, or by the DSWD social worker in the local social
welfare and development officers absence, within twenty-four (24) hours from the time of the receipt of a

report on the alleged commission of said child. The court, where the petition for involuntary commitment
has been filed shall decide on the petition within seventy-two (72) hours from the time the said petition
has been filed by the DSWD/LSWDO. The court will determine the initial period of placement of the
child within the IJISC which shall not be less than one (1) year. The multi-disciplinary team of the IJISC
will submit to the court a case study and progress report, to include a psychiatric evaluation report and
recommend the reintegration of the child to his/her family or the extension of the placement under the
IJISC. The multi-disciplinary team will also submit a report to the court on the services extended to the
parents and family of the child and the compliance of the parents in the intervention program. The court
will decide whether the child has successfully completed the center-based intervention program and is
already prepared to be reintegrated with his/her family or if there is a need for the continuation of the
center-based rehabilitation of the child. The court will determine the next period of assessment or hearing
on the commitment of the child.
SEC. 20-B. Repetition of Offenses. A child who is above twelve (12) years of age up to fifteen (15)
years of age and who commits an offense for the second time or oftener: Provided, That the child was
previously subjected to a community-based intervention program, shall be deemed a neglected child
under Presidential Decree No. 603, as amended, and shall undergo an intensive intervention program
supervised by the local social welfare and development officer: Provided, further, That, if the best interest
of the child requires that he/she be placed in a youth care facility or Bahay Pag-asa, the childs parents
or guardians shall execute a written authorization for the voluntary commitment of the child: Provided,
finally, That if the child has no parents or guardians or if they refuse or fail to execute the written
authorization for voluntary commitment, the proper petition for involuntary commitment shall be
immediately filed by the DSWD or the LSWDO pursuant to Presidential Decree No. 603, as amended.
SEC. 20-C. Exploitation of Children for Commission of Crimes. Any person who, in the commission of
a crime, makes use, takes advantage of, or profits from the use of children, including any person who
abuses his/her authority over the child or who, with abuse of confidence, takes advantage of the
vulnerabilities of the child and shall induce, threaten or instigate the commission of the crime, shall be
imposed the penalty prescribed by law for the crime committed in its maximum period.
SEC. 20-D. Joint Parental Responsibility. Based on the recommendation of the multi-disciplinary team
of the IJISC, the LSWDO or the DSWD, the court may require the parents of a child in conflict with the
law to undergo counseling or any other intervention that, in the opinion of the court, would advance the
welfare and best interest of the child.
As used in this Act, parents shall mean any of the following:
(a) Biological parents of the child; or
(b) Adoptive parents of the child; or
(c) Individuals who have custody of the child.
A court exercising jurisdiction over a child in conflict with the law may require the attendance of one or
both parents of the child at the place where the proceedings are to be conducted.

The parents shall be liable for damages unless they prove, to the satisfaction of the court, that they were
exercising reasonable supervision over the child at the time the child committed the offense and exerted
reasonable effort and utmost diligence to prevent or discourage the child from committing another
offense.
SEC. 20-E. Assistance to Victims of Offenses Committed by Children. The victim of the offense
committed by a child and the victims family shall be provided the appropriate assistance and
psychological intervention by the LSWDO, the DSWD and other concerned agencies.
SEC. 7. Section 22 of Republic Act No. 9344 is hereby amended to read as follows:
SEC. 22. Duties During Initial Investigation. The law enforcement officer shall, in his/her
investigation, determine where the case involving the child in conflict with the law should be referred.
The taking of the statement of the child shall be conducted in the presence of the following: (1) childs
counsel of choice or in the absence thereof, a lawyer from the Public Attorneys Office; (2) the childs
parents, guardian, or nearest relative, as the case may be; and (3) the local social welfare and development
officer. In the absence of the childs parents, guardian, or nearest relative, and the local social welfare and
development officer, the investigation shall be conducted in the presence of a representative of an NGO,
religious group, or member of the BCPC.
The social worker shall conduct an initial assessment to determine the appropriate interventions and
whether the child acted with discernment, using the discernment assessment tools developed by the
DSWD. The initial assessment shall be without prejudice to the preparation of a more comprehensive case
study report. The local social worker shall do either of the following:
(a) Proceed in accordance with Section 20 if the child is fifteen (15) years or below or above fifteen (15)
but below eighteen (18) years old, who acted without discernment; and
(b) If the child is above fifteen (15) years old but below eighteen (18) and who acted with discernment,
proceed to diversion under the following chapter.
SEC. 8. Section 33 of Republic Act No. 9344 is hereby amended to read as follows:
SEC. 33. Preliminary Investigation and Filing of Information. The prosecutor shall conduct a
preliminary investigation in the following instances: (a) when the child in conflict with the law does not
qualify for diversion; (b) when the child, his/her parents or guardian does not agree to diversion as
specified in Sections 27 and 28; and (c) when considering the assessment and recommendation of the
social worker, the prosecutor determines that diversion is not appropriate for the child in conflict with the
law.
Upon serving the subpoena and the affidavit of complaint, the prosecutor shall notify the Public
Attorneys Office of such service, as well as the personal information, and place of detention of the child
in conflict with the law.

Upon determination of probable cause by the prosecutor, the information against the child shall be filed
before the Family Court within forty-five (45) days from the start of the preliminary investigation. The
information must allege that the child acted with discernment.
SEC. 9. Section 49 of Republic Act No. 9344 is hereby amended to read as follows:
SEC. 49. Establishment of Bahay Pag-Asa. Each province and highly-urbanized city (the LGUs)
shall be responsible for building, funding and operating a Bahay Pag-asa within their jurisdiction
following the standards that will be set by the DSWD and adopted by the JJWC.
Every Bahay Pag-asa will have a special facility called the IJISC. This Center will be allocated for
children in conflict with the law in accordance with Sections 20, 20-A and 20-B hereof. These children
will be required to undergo a more intensive multi-disciplinary intervention program. The JJWC in
partnership with, but not limited to, the DSWD, the DOH, the DepED and the DILG, will develop and set
the standards for the implementation of the multi-disciplinary intervention program of the IJISC. Upon
institutionalization of the IJISC program, the JJWC will continue to monitor and provide technical
assistance to the multi-disciplinary teams operating the said centers.
SEC. 10. Section 50 of Republic Act No. 9344 is hereby amended to read as follows:
SEC. 50. Care and Maintenance of the Child in Conflict with the Law. x x x
The LGUs expected expenditures on the local juvenile intervention program for children at risk and
children in conflict with the law shall be included in the LGUs annual budget. Highly-urbanized cities and
provincial governments should include a separate budget for the construction and maintenance of the
Bahay Pag-asa including the operation of the IJISC within the Bahay Pag-asa.
SEC. 11. Section 57 of Republic Act No. 9344 is hereby amended to read as follows:
SEC. 57. Status Offenses. Any conduct not considered an offense or not penalized if committed by an
adult shall not be considered an offense and shall not be punished if committed by a child.
SEC. 57-A. Violations of Local Ordinances. Ordinances enacted by local governments concerning
juvenile status offenses such as, but not limited to, curfew violations, truancy, parental disobedience, antismoking and anti-drinking laws, as well as light offenses and misdemeanors against public order or safety
such as, but not limited to, disorderly conduct, public scandal, harassment, drunkenness, public
intoxication, criminal nuisance, vandalism, gambling, mendicancy, littering, public urination, and
trespassing, shall be for the protection of children. No penalty shall be imposed on children for said
violations, and they shall instead be brought to their residence or to any barangay official at the barangay
hall to be released to the custody of their parents. Appropriate intervention programs shall be provided for
in such ordinances. The child shall also be recorded as a child at risk and not as a child in conflict with
the law. The ordinance shall also provide for intervention programs, such as counseling, attendance in
group activities for children, and for the parents, attendance in parenting education seminars.

SEC. 12. Mandatory Registry of Children in Conflict with the Law. All duty-bearers, including
barangay/BCPC workers, law enforcers, teachers, guidance counselors, social workers and prosecutors
who will receive report, handle or refer cases of children in conflict with the law, shall ensure a faithful
recordation of all pertinent information, such as age, residence, gender, crime committed or accused of
and the details of the intervention or diversion, as the case may be, under which they will undergo or has
undergone, of all children in conflict with the law to guarantee the correct application of the provisions of
this Act and other laws. The JJWC shall lead in the establishment of a centralized information
management system on children in conflict with the law. This provision is however without prejudice to
Section 43 of this Act.
SEC. 13. Section 63 of Republic Act No. 9344 is hereby amended to read as follows:
SEC. 63. Appropriations. The amount necessary to carry out the provisions of this Act shall be charged
against the current years appropriations of the JJWC under the budget of the Department of Justice.
Thereafter, such sums as may be necessary for the continued implementation of this Act shall be included
in the budget of the DSWD under the annual General Appropriations Act: Provided, That the amount of
Four hundred million pesos (P400,000,000.00) shall be appropriated for the construction of Bahay Pagasa rehabilitation centers in provinces or cities with high incidence of children in conflict with the law to
be determined and identified by the DSWD and the JJWC on a priority basis: Provided, further, That the
said amount shall be coursed through the Department of Public Works and Highways (DPWH) for its
proper implementation.
The LGUs concerned shall make available, from its own resources or assets, their counterpart share
equivalent to the national government contribution of Five million pesos (P5,000,000.00) per
rehabilitation center.
In addition, the Council may accept donations, grants and contributions from various sources, in cash or
in kind, for purposes relevant to its functions, subject to the usual government accounting and auditing
rules and regulations.
SEC. 14. Implementing Rules and Regulations. The JJWC shall promulgate the necessary rules and
regulations within sixty (60) days from the effectivity of this Act.
SEC. 15. Separability Clause. If any provision of this Act is held unconstitutional, other provisions not
affected thereby shall remain valid and binding.
SEC. 16. Repealing Clause. All laws, decrees, ordinances and rules inconsistent with the provisions of
this Act are hereby modified or repealed accordingly.
SEC. 17. Effectivity Clause. This Act shall take effect fifteen (15) days after the completion of its
publication in the Official Gazette or in at least two (2) national newspapers of general circulation.

Republic of the Philippines


Congress of the Philippines
Metro Manila
Fifteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.
[REPUBLIC ACT NO. 10591]
AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON FIREARMS AND AMMUNITION
AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
ARTICLE I
TITLE, DECLARATION OF POLICY AND
DEFINITION OF TERMS
SECTION 1. Short Title. This Act shall be known as the Comprehensive Firearms and Ammunition
Regulation Act.
SEC. 2. Declaration of State Policy. It is the policy of the State to maintain peace and order and protect
the people against violence. The State also recognizes the right of its qualified citizens to self-defense
through, when it is the reasonable means to repel the unlawful aggression under the circumstances, the
use of firearms. Towards this end, the State shall provide for a comprehensive law regulating the
ownership, possession, carrying, manufacture, dealing in and importation of firearms, ammunition, or
parts thereof, in order to provide legal support to law enforcement agencies in their campaign against
crime, stop the proliferation of illegal firearms or weapons and the illegal manufacture of firearms or
weapons, ammunition and parts thereof.
SEC. 3. Definition of Terms. As used in this Act:
(a) Accessories refer to parts of a firearm which may enhance or increase the operational efficiency or
accuracy of a firearm but will not constitute any of the major or minor internal parts thereof such as, hut
not limited to, laser scope, telescopic sight and sound suppressor or silencer.
(b) Ammunition refers to a complete unfixed unit consisting of a bullet, gunpowder, cartridge case and
primer or loaded shell for use in any firearm.
(c) Antique firearm refers to any: (1) firearm which was manufactured at least seventy-five (75) years
prior to the current date but not including replicas; (2) firearm which is certified by the National Museum
of the Philippines to be curio or relic of museum interest; and (3) any other firearm which derives a

substantial part of its monetary value from the fact that it is novel, rare, bizarre or because of its
association with some historical figure, period or event.
(d) Arms smuggling refers to the import, export, acquisition, sale, delivery, movement or transfer of
firearms, their parts and components and ammunition, from or across the territory of one country to that
of another country which has not been authorized in accordance with domestic law in either or both
country/countries.
(e) Authority to import refers to a document issued by the Chief of the Philippine National Police (PNP)
authorizing the importation of firearms, or their parts, ammunition and other components.
(f) Authorized dealer refers to any person, legal entity, corporation, partnership or business entity duly
licensed by the Firearms and Explosive Office (FEO) of the PNP to engage in the business of buying and
selling ammunition, firearms or parte thereof, at wholesale or retail basis.
(g) Authorized importer refers to any person, legal entity, corporation, partnership or business duly
licensed by the FEO of the PNP to engage in the business of importing ammunition and firearms, or parts
thereof into the territory of the Republic of the Philippines for purposes of sale or distribution under the
provisions of this Act.
(h) Authorized manufacturer refers to any person, legal entity, corporation, or partnership duly licensed by
the FEO of the PNP to engage in the business of manufacturing firearms, and ammunition or parts thereof
for purposes of sale or distribution.
(i) Confiscated firearm refers to a firearm that is taken into custody by the PNP, National Bureau of
Investigation (NBI), Philippine Drug Enforcement Agency (PDEA), and all other law enforcement
agencies by reason of their mandate and must be necessarily reported or turned over to the PEO of the
PNP.
(j) Demilitarized firearm refers to a firearm deliberately made incapable of performing its main purpose
of firing a projectile.
(k) Duty detail order refers to a document issued by the juridical entity or employer wherein the details of
the disposition of firearm is spelled-out, thus indicating the name of the employee, the firearm
information, the specific duration and location of posting or assignment and the authorized bonded
firearm custodian for the juridical entity to whom such firearm is turned over after the lapse of the order.
(l) Firearm refers to any handheld or portable weapon, whether a small arm or light weapon, that expels
or is designed to expel a bullet, shot, slug, missile or any projectile, which is discharged by means of
expansive force of gases from burning gunpowder or other form of combustion or any similar instrument
or implement. For purposes of this Act, the barrel, frame or receiver is considered a firearm.
(m) Firearms Information Management System (FIMS) refers to the compilation of all data and
information on firearms ownership and disposition for record purposes.

(n) Forfeited firearm refers to a firearm that is subject to forfeiture by reason of court order as accessory
penalty or for the disposition by the FEO of the PNP of firearms considered as abandoned, surrendered,
confiscated or revoked in compliance with existing rules and regulations.
(o) Gun club refers to an organization duly registered with and accredited in good standing by the FEO of
the PNP which is established for the purpose of propagating responsible and safe gun ownership, proper
appreciation and use of firearms by its members, for the purpose of sports and shooting competition, selfdefense and collection purposes.
(p) Gunsmith refers to any person, legal entity, corporation, partnership or business duly licensed by the
FEO of the PNP to engage in the business of repairing firearms and other weapons or constructing or
assembling firearms and weapons from finished or manufactured parts thereof on a per order basis and
not in commercial quantities or of making minor parts for the purpose of repairing or assembling said
firearms or weapons.
(q) Imitation firearm refers to a replica of a firearm, or other device that is so substantially similar in
coloration and overall appearance to an existing firearm as to lead a reasonable person to believe that such
imitation firearm is a real firearm.
(r) Licensed citizen refers to any Filipino who complies with the qualifications set forth in this Act and
duly issued with a license to possess or to carry firearms outside of the residence in accordance with this
Act.
(s) Licensed, juridical entity refers to corporations, organizations, businesses including security agencies
and local government units (LGUs) which are licensed to own and possess firearms in accordance with
this Act.
(t) Light weapons are: Class-A Light weapons which refer to self-loading pistols, rifles and carbines,
submachine guns, assault rifles and light machine guns not exceeding caliber 7.62MM which have fully
automatic mode; and Class-B Light weapons which refer to weapons designed for use by two (2) or more
persons serving as a crew, or rifles and machine guns exceeding caliber 7.62MM such as heavy machine
guns, handheld underbarrel and mounted grenade launchers, portable anti-aircraft guns, portable anti-tank
guns, recoilless rifles, portable launchers of anti-tank missile and rocket systems, portable launchers of
anti-aircraft missile systems, and mortars of a caliber of less than 100MM.
(u) Long certificate of registration refers to licenses issued to government agencies or offices or
government-owned or -controlled corporations for firearms to be used by their officials and employees
who are qualified to possess firearms as provider in this Act, excluding security guards.
(v) Loose firearm refers to an unregistered firearm, an obliterated or altered firearm, firearm which has
been lost or stolen, illegally manufactured firearms, registered firearms in the possession of an individual
other than the licensee and those with revoked licenses in accordance with the rules and regulations.

(w) Major part or components of a firearm refers to the barrel, slide, frame, receiver, cylinder or the bolt
assembly. The term also includes any part or kit designed and intended for use in converting a semiautomatic burst to a full automatic firearm.
(x) Minor parts of a firearm refers to the parts of the firearm other than the major parts which are
necessary to effect and complete the action of expelling a projectile by way of combustion, except those
classified as accessories.
(y) Permit to carry firearm outside of residence refers to a written authority issued to a licensed citizen by
the Chief of the PNP which entitles such person to carry his/her registered or lawfully issued firearm
outside of the residence for the duration and purpose specified in the authority.
(z) Permit to transport firearm refers to a written authority issued to a licensed citizen or entity by the
Chief of the PNP or by a PNP Regional Director which entitles such person or entity to transport a
particular firearm from and to a specific location within the duration and purpose in the authority.
(aa) Residence refers to the place or places of abode of the licensed citizen as indicated in his/her license.
(bb) Shooting range refers to a facility established for the purpose of firearms training and skills
development, firearm testing, as well as for sports and competition shooting either for the exclusive use of
its members or open to the general public, duly registered with and accredited in good standing by the
FEO of the PNP.
(cc) Short certificate of registration refers to a certificate issued by the FEO of the PNP for a government
official or employee who was issued by his/her employer department, agency or government-owned or
-controlled corporation a firearm covered by the long certificate of registration.
(dd) Small arms refer to firearms intended to be or primarily designed for individual use or that which is
generally considered to mean a weapon intended to be fired from the hand or shoulder, which are not
capable of fully automatic bursts of discharge, such as:
(1) Handgun which is a firearm intended to be fired from the hand, which includes:
(i) A pistol which is a hand-operated firearm having a chamber integral with or permanently aligned with
the bore which may be self-loading; and
(ii) Revolver which is a hand-operated firearm with a revolving cylinder containing chambers for
individual cartridges.
(2) Rifle which is a shoulder firearm or designed to be fired from the shoulder that can discharge a bullet
through a rifled barrel by different actions of loading, which may be classified as lever, bolt, or selfloading; and
(3) Shotgun which is a weapon designed, made and intended to fire a number of ball shots or a single
projectile through a smooth bore by the action or energy from burning gunpowder.

(ee) Sports shooting competition refers to a defensive, precision or practical sport shooting competition
duly authorized by the FEO of the PNP.
(ff) Tampered, obliterated or altered firearm refers to any firearm whose serial number or other
identification or ballistics characteristics have been intentionally tampered with, obliterated or altered
without authority or in order to conceal its source, identity or ownership.
(gg) Thermal weapon sight refers to a battery operated, uncooled thermal imaging device which amplifies
available thermal signatures so that the viewed scene becomes clear to the operator which is used to
locate and engage targets during daylight and from low light to total darkness and operates in adverse
conditions such as light rain, light snow, and dry smoke or in conjunction with other optical and red dot
sights.
ARTICLE II
OWNERSHIP AND POSSESSION OF FIREARMS
SEC. 4. Standards and Requisites for Issuance of and Obtaining a License to Own and Possess
Firearms. In order to qualify and acquire a license to own and possess a firearm or firearms and
ammunition, the applicant must be a Filipino citizen, at least twenty-one (21) years old and has gainful
work, occupation or business or has filed an Income Tax Return (ITR) for the preceding year as proof of
income, profession, business or occupation.
In addition, the applicant shall submit the following certification issued by appropriate authorities
attesting the following:
(a) The applicant has not been convicted of any crime involving moral turpitude:
(b) The applicant has passed the psychiatric test administered by a PNP-accredited psychologist or
psychiatrist;
(c) The applicant has passed the drug test conducted by an accredited and authorized drug testing
laboratory or clinic;
(d) The applicant has passed a gun safety seminar which is administered by the PNP or a registered and
authorized gun club;
(e) The applicant has filed in writing the application to possess a registered firearm which shall state the
personal circumstances of the applicant;
(f) The applicant must present a police clearance from the city or municipality police office; and
(g) The applicant has not been convicted or is currently an accused in a pending criminal case before any
court of law for a crime that is punishable with a penalty of more than two (2) years.

For purposes of this Act, an acquittal or permanent dismissal of a criminal case before the courts of law
shall qualify the accused thereof to qualify and acquire a license.
The applicant shall pay the reasonable licensing fees as may be provided in the implementing rules and
regulations of this Act.
An applicant who intends to possess a firearm owned by a juridical entity shall submit his/her duty detail
order to the FEO of the PNP.
SEC. 5. Ownership of Firearms and Ammunition by a Juridical Entity. A juridical person maintaining its
own security force may be issued a regular license to own and possess firearms and ammunition under the
following conditions:
(a) It must be Filipino-owned and duly registered with the Securities and Exchange Commission (SEC);
(b) It is current, operational and a continuing concern;
(c) It has completed and submitted all its reportorial requirements to the SEC; and
(d) It has paid all its income taxes for the year, as duly certified by the Bureau of Internal Revenue.
The application shall be made in the name of the juridical person represented by its President or any of its
officers mentioned below as duly authorized in a board resolution to that effect: Provided, That the officer
applying for the juridical entity, shall possess all the qualifications required of a citizen applying for a
license to possess firearms.
Other corporate officers eligible to represent the juridical person are: the vice president, treasurer, and
board secretary.
Security agencies and LGUs shall be included in this category of licensed holders but shall be subject to
additional requirements as may be required by the Chief of the PNP.
SEC. 6. Ownership of Firearms by the National Government. All firearms owned by the National
Government shall be registered with the FEO of the PNP in the name of the Republic of the Philippines.
Such registration shall be exempt from all duties and taxes that may otherwise be levied on other
authorized owners of firearms. For reason of national security, firearms of the Armed Forces of the
Philippines (AFP), Coast Guard and other law enforcement agencies shall only be reported to the FEO of
the PNP.
SEC. 7. Carrying of Firearms Outside of Residence or Place of Business. A permit to carry firearms
outside of residence shall be issued by the Chief of the PNP or his/her duly authorized representative to
any qualified person whose life is under actual threat or his/her life is in imminent danger due to the
nature of his/her profession, occupation or business.

It shall be the burden of the applicant to prove that his/her life is under actual threat by submitting a threat
assessment certificate from the PNP.
For purposes of this Act, the following professionals are considered to be in imminent danger due to the
nature of their profession, occupation or business:
(a) Members of the Philippine Bar;
(b) Certified Public Accountants;
(c) Accredited Media Practitioners;
(d) Cashiers, Bank Tellers;
(e) Priests, Ministers, Rabbi, Imams;
(f) Physicians and Nurses;
(g) Engineers; and
(h) Businessmen, who by the nature of their business or undertaking, are exposed to high risk of being
targets of criminal elements.
ARTICLE III
REGISTRATION AND LICENSING
SEC. 8. Authority to Issue License. The Chief of the PNP, through the FEO of the PNP, shall issue
licenses to qualified individuals and to cause the registration of firearms.
SEC. 9. Licenses Issued to Individuals. Subject to the requirements set forth in this Act and payment of
required fees to be determined by the Chief of the PNP, a qualified individual may be issued the
appropriate license under the following categories;
Type 1 license allows a citizen to own and possess a maximum of two (2) registered firearms;
Type 2 license allows a citizen to own and possess a maximum of five (5) registered firearms;
Type 3 license allows a citizen to own and possess a maximum of ten (10) registered firearms;
Type 4 license allows a citizen to own and possess a maximum of fifteen (15) registered firearms; and
Type 5 license allows a citizen, who is a certified gun collector, to own and possess more than fifteen
(15) registered firearms.

For Types 1 to 5 licenses, a vault or a container secured by lock and key or other security measures for the
safekeeping of firearms shall be required.
For Types 3 to 5 licenses, the citizen must comply with the inspection and bond requirements.
SEC. 10. Firearms That May Be Registered. Only small arms may be registered by licensed citizens or
licensed juridical entities for ownership, possession and concealed carry. A light weapon shall be lawfully
acquired or possessed exclusively by the AFP, the PNP and other law enforcement agencies authorized by
the President in the performance of their duties: Provided, That private individuals who already have
licenses to possess Class-A light weapons upon the effectivity of this Act shall not be deprived of the
privilege to continue possessing the same and renewing the licenses therefor, for the sole reason that these
firearms are Class A light weapons, and shall be required to comply with other applicable provisions of
this Act.
SEC. 11. Registration of Firearms. The licensed citizen or licensed juridical entity shall register
his/her/its firearms so purchased with the FEO of the PNP in accordance with the type of license such
licensed citizen or licensed juridical entity possesses. A certificate of registration of the firearm shall be
issued upon payment of reasonable fees.
For purposes of this Act, registration refers to the application, approval, record-keeping and monitoring of
firearms with the FEO of the PNP in accordance with the type of license issued to any person under
Section 9 of this Act.
SEC. 12. License to Possess Ammunition Necessarily Included. The licenses granted to qualified
citizens or juridical entities as provided in Section 9 of this Act shall include the license to possess
ammunition with a maximum of fifty (50) rounds for each registered firearm: Provided; That the FEO of
the PNP may allow more ammunition to be possessed by licensed sports shooters.
SEC. 13. Issuance of License to Manufacture or Deal In Firearms and Ammunition. Any person
desiring to manufacture or deal in firearms, parts of firearms or ammunition thereof, or instruments and
implements used or intended to be used in the manufacture of firearms, parts of firearms or ammunition,
shall make an application to:
(a) The Secretary of the Department of the Interior and Local Government (DILG) in the case of an
application for a license to manufacture; and
(b) The Chief of the PNP in the case of a license to deal in firearms and firearms parts, ammunition and
gun repair.
The applicant shall state the amount of capitalization for manufacture or cost of the purchase and sale of
said articles intended to be transacted by such applicant; and the types of firms, ammunition or
implements which the applicant intends to manufacture or purchase and sell under the license applied for;
and such additional information as may be especially requested by the Secretary of the DILG or the Chief
of the PNP.

The Secretary of the DILG or the Chief of the PNP may approve or disapprove such application based on
the prescribed guidelines. In the case of approval, the Secretary of the DILG or the Chief of the PNP shall
indicate the amount of the bond to be executed by the applicant before the issuance of the license and the
period of time by which said license shall be effective, unless sooner revoked by their authority.
Upon approval of the license to manufacture or otherwise deal in firearms by the Secretary of the DILG
or the Chief of the PNP as the case may be, the same shall be transmitted to the FEO of the PNP which
shall issue the license in accordance with the approved terms and conditions, upon the execution and
delivery by the applicant of the required bond conditioned upon the faithful compliance on the part of the
licensee to the laws and regulations relative to the business licensed.
SEC. 14. Scope of License to Manufacture Firearms and Ammunition. The scope of the License to
Manufacture firearms and ammunition shall also include the following:
(a) The authority to manufacture and assemble firearms, ammunition, spare parts and accessories,
ammunition components, and reloading of ammunitions, within sites, areas, and factories stated therein.
The Secretary of the DILG shall approve such license;
(b) The license to deal in or sell all the items covered by the License to Manufacture, such as parts,
firearms or ammunition and components;
(c) The authority to subcontract the manufacturing of parts and accessories necessary for the firearms
which the manufacturer is licensed to manufacture: Provided, That the subcontractor of major parts or
major components is also licensed to manufacture firearms and ammunition; and
(d) The authority to import machinery, equipment, and firearm parts and ammunition components for the
manufacture thereof. Firearm parts and ammunition components to be imported shall, however, be limited
to those authorized to be manufactured as reflected in the approved License to Manufacture. The Import
Permit shall be under the administration of the PNP.
A licensed manufacturer of ammunition is also entitled to import various reference firearms needed to test
the ammunition manufactured under the License to Manufacture. A licensed manufacturer of firearms, on
the other hand, is entitled to import various firearms for reference, test and evaluation for manufacture of
similar, types of firearms covered by the License to Manufacture.
An export permit shall, however, be necessary to export manufactured parts or finished products of
firearms and ammunition. The Export Permit of firearms and ammunition shall be under the
administration of the PNP.
SEC. 15. Registration of Locally Manufactured and Imported Firearms. Local manufacturers and
importers of firearms and major parts thereof shall register the same as follows:
(a) For locally manufactured firearms and major parts thereof, the initial registration shall be done at the
manufacturing facility: Provided, That firearms intended for export shall no longer be subjected to
ballistic identification procedures; and

(b) For imported firearms and major parts thereof, the registration shall be done upon arrival at the FEO
of the PNP storage facility.
SEC. 16. License and Scope of License to Deal. The License to Deal authorizes the purchase, sale and
general business in handling firearms and ammunition, major and minor parts of firearms, accessories,
spare parts, components, and reloading machines, which shall be issued by the Chief of the PNP.
SEC. 17. License and Scope of License for Gunsmiths. The license for gunsmiths shall allow the grantee
to repair registered firearms. The license shall include customization of firearms from finished or
manufactured parts thereof on per order basis and not in commercial quantities and making the minor
parts thereof, i.e. pins, triggers, trigger bows, sights and the like only for the purpose of repairing the
registered firearm. The license for gunsmiths shall be issued by the Chief of the PNP.
SEC. 18. Firearms for Use in Sports and Competitions. A qualified individual shall apply for a permit to
transport his/her registered firearm/s from his/her residence to the firing range/s and competition sites as
may be warranted.
SEC. 19. Renewal of Licenses and Registration. All types of licenses to possess a firearm shall be
renewed every two (2) years. Failure to renew the license on or before the date of its expiration shall
cause the revocation of the license and of the registration of the firearm/s under said licensee.
The registration of the firearm shall be renewed every four (4) years. Failure to renew the registration of
the firearm on or before the date of expiration shall cause the revocation of the license of the firearm. The
said firearm shall be confiscated or forfeited in favor of the government after due process.
The failure to renew a license or registration within the periods stated above on two (2) occasions shall
cause the holder of the firearm to be perpetually disqualified from applying for any firearm license. The
application for the renewal of the license or registration may be submitted to the FEO of the PNP, within
six (6) months before the date of the expiration of such license or registration.
SEC. 20. Inspection and Inventory. The Chief of the PNP or his/her authorized representative shall
require the submission of reports, inspect or examine the inventory and records of a licensed
manufacturer, dealer or importer of firearms and ammunition during reasonable hours.
ARTICLE IV
ACQUISITION, DEPOSIT OF FIREARMS, ABANDONED,
DEMILITARIZED AND ANTIQUE FIREARMS
SEC. 21. Acquisition or Purchase and Sale of Firearms and Ammunition. Firearms and ammunition
may only be acquired or purchased from authorized dealers, importers or local manufacturers and may be
transferred or sold only from a licensed citizen or licensed juridical entity to another licensed citizen or
licensed juridical entity: Provided, That, during election periods, the sale and registration of firearms and
ammunition and the issuance of the corresponding licenses to citizens shall be allowed on the condition

that the transport or delivery thereof shall strictly comply with the issuances, resolutions, rules and
regulations promulgated by the Commission on Elections.
SEC. 22. Deposit of Firearms by Persons Arriving From Abroad. A person arriving in the Philippines
who is legally in possession of any firearm or ammunition in his/her country of origin and who has
declared the existence of the firearm upon embarkation and disembarkation but whose firearm is not
registered in the Philippines in accordance with this Act shall deposit the same upon written receipt with
the Collector of Customs for delivery to the FEO of the PNP for safekeeping, or for the issuance of a
permit to transport if the person is a competitor in a sports shooting competition. If the importation of the
same is allowed and the party in question desires to obtain a domestic firearm license, the same should be
undertaken in accordance with the provisions of this Act. If no license is desired or leave to import is not
granted, the firearm or ammunition in question shall remain in the custody of the FEO of the PNP until
otherwise disposed of in-accordance with law.
SEC. 23. Return of Firearms to Owner upon Departure from the Philippines. Upon the departure from
the Philippines of any person whose firearm or ammunition is in the custody of the FEO of the PNP, the
same shall, upon timely request, be delivered to the person through the Collector of Customs. In the case
of a participant in a local sports shooting competition, the firearm must be presented to the Collector of
Customs before the same is allowed to be loaded on board the carrier on which the person is to board.
SEC. 24. Safekeeping of Firearms and Ammunition. Any licensee may deposit a registered firearm to
the FEO of the PNP, or any Police Regional Office for safekeeping. Reasonable fees for storage shall be
imposed.
SEC. 25. Abandoned Firearms and Ammunition. Any firearm or ammunition deposited in the custody of
the FEO of the PNP pursuant to the provisions of this Act, shall be deemed to have been abandoned by the
owner or his/her authorized representative if he/she failed to reclaim the same within five (5) years or
failed to advise the FEO of the PNP of the disposition to be made thereof. Thereafter, the FEO of the PNP
may dispose of the same after compliance with established procedures.
SEC. 26. Death or Disability of Licensee. Upon the death or legal disability of the holder of a firearm
license, it shall be the duty of his/her next of kin, nearest relative, legal representative, or other person
who shall knowingly come into possession of such firearm or ammunition, to deliver the same to the FEO
of the PNP or Police Regional Office, and such firearm or ammunition shall be retained by the police
custodian pending the issuance of a license and its registration in accordance, with this Act. The failure to
deliver the firearm or ammunition within six (6) months after the death or legal disability of the licensee
shall render the possessor liable for illegal possession of the firearm.
SEC. 27. Antique Firearm. Any person who possesses an antique firearm shall register the same and
secure a collectors license from the FEO of the PNP. Proper storage of antique firearm shall be strictly
imposed. Noncompliance of this provision shall be considered as illegal possession of the firearm as
penalized in this Act.
ARTICLE V

PENAL PROVISIONS
SEC. 28. Unlawful Acquisition, or Possession of Firearms and Ammunition. The unlawful acquisition,
possession of firearms and ammunition shall be penalized as follows:
(a) The penalty of prision mayor in its medium period shall be imposed upon any person who shall
unlawfully acquire or possess a small arm;
(b) The penalty of reclusion temporal to reclusion perpetua shall be imposed if three (3) or more small
arms or Class-A light weapons are unlawfully acquired or possessed by any person;
(c) The penalty of prision mayor in its maximum period shall be imposed upon any person who shall
unlawfully acquire or possess a Class-A light weapon;
(d) The penalty of reclusion perpetua shall be imposed upon any person who shall, unlawfully acquire or
possess a Class-B light weapon;
(e) The penalty of one (1) degree higher than that provided in paragraphs (a) to (c) in this section shall be
imposed upon any person who shall unlawfully possess any firearm under any or combination of the
following conditions:
(1) Loaded with ammunition or inserted with a loaded magazine;
(2) Fitted or mounted with laser or any gadget used to guide the shooter to hit the target such as thermal
weapon sight (TWS) and the like;
(3) Fitted or mounted with sniper scopes, firearm muffler or firearm silencer;
(4) Accompanied with an extra barrel; and
(5) Converted to be capable of firing full automatic bursts.
(f) The penalty of prision mayor in its minimum period shall be imposed upon any person who shall
unlawfully acquire or possess a major part of a small arm;
(g) The penalty of prision mayor in its minimum period shall be imposed upon any person who shall
unlawfully acquire or possess ammunition for a small arm or Class-A light weapon. If the violation of this
paragraph is committed by the same person charged with the unlawful acquisition or possession of a small
arm, the former violation shall be absorbed by the latter;
(h) The penalty of prision mayor in its medium period shall be imposed upon any person who shall
unlawfully acquire or possess a major part of a Class-A light weapon;
(i) The penalty of prision mayor in its medium period shall be imposed upon any person who shall
unlawfully acquire or possess ammunition for a Class-A light weapon. If the violation of this paragraph is

committed by the same person charged with the unlawful acquisition or possession of a Class-A light
weapon, the former violation shall be absorbed by the latter;
(j) The penalty of prision mayor in its maximum period shall be imposed upon any person who shall
unlawfully acquire or possess a major part of a Class-B light weapon; and
(k) The penalty of prision mayor in its maximum period shall be imposed upon any person who shall
unlawfully acquire or possess ammunition for a Class-B light weapon. If the violation of this paragraph is
committed by the same person charged with the unlawful acquisition or possession of a Class-B light
weapon, the former violation shall be absorbed by the latter.
SEC. 29. Use of Loose Firearm in the Commission of a Crime. The use of a loose firearm, when
inherent in the commission of a crime punishable under the Revised Penal Code or other special laws,
shall be considered as an aggravating circumstance:Provided, That if the crime committed with the use of
a loose firearm is penalized by the law with a maximum penalty which is lower than that prescribed in the
preceding section for illegal possession of firearm, the penalty for illegal possession of firearm shall be
imposed in lieu of the penalty for the crime charged: Provided, further, That if the crime committed with
the use of a loose firearm is penalized by the law with a maximum penalty which is equal to that imposed
under the preceding section for illegal possession of firearms, the penalty of prision mayor in its
minimum period shall be imposed in addition to the penalty for the crime punishable under the Revised
Penal Code or other special laws of which he/she is found guilty.
If the violation of this Act is in furtherance of, or incident to, or in connection with the crime of rebellion
of insurrection, or attempted coup d etat, such violation shall be absorbed as an element of the crime of
rebellion or insurrection, or attempted coup d etat.
If the crime is committed by the person without using the loose firearm, the violation of this Act shall be
considered as a distinct and separate offense.
SEC. 30. Liability of Juridical Person. The penalty of prision mayor in its minimum to prision mayor in
its medium period shall be imposed upon the owner, president, manager, director or other responsible
officer of/any public or private firm, company, corporation or entity who shall willfully or knowingly
allow any of the firearms owned by such firm, company, corporation or entity to be used by any person or
persons found guilty of violating the provisions of the preceding section, or willfully or knowingly allow
any of them to use unregistered firearm or firearms without any legal authority to be carried outside of
their residence in the course of their employment.
SEC. 31. Absence of Permit to Carry Outside of Residence. The penalty of prision correccional and a
fine of Ten thousand pesos (P10,000.00) shall be imposed upon any person who is licensed to own a
firearm but who shall carry the registered firearm outside his/her residence without any legal authority
therefor.
SEC. 32. Unlawful Manufacture, Importation, Sale or Disposition of Firearms or Ammunition or Parts
Thereof, Machinery, Tool or Instrument Used or Intended to be Used in the Manufacture of Firearms,
Ammunition or Parts Thereof. The penalty of reclusion temporal to reclusion perpetua shall be imposed

upon any person who shall unlawfully engage in the manufacture, importation, sale or disposition of a
firearm or ammunition, or a major part of a firearm or ammunition, or machinery, tool or instrument used
or intended to be used by the same person in the manufacture of a firearm, ammunition, or a major part
thereof.
The possession of any machinery, tool or instrument used directly in the manufacture of firearms,
ammunition, or major parts thereof by any person whose business, employment or activity does not
lawfully deal with the possession of such article, shall beprima facie evidence that such article is intended
to be used in the unlawful or illegal manufacture of firearms, ammunition or parts thereof.
The penalty of prision mayor in its minimum period to prision mayor in its medium period shall be
imposed upon any laborer, worker or employee of a licensed firearms dealer who shall unlawfully take,
sell or otherwise dispose of parts of firearms or ammunition which the company manufactures and sells,
and other materials used by the company in the manufacture or sale of firearms or ammunition. The buyer
or possessor of such stolen part or material, who is aware that such part or material was stolen, shall
suffer the same penalty as the laborer, worker or employee.
If the violation or offense is committed by a corporation, partnership, association or other juridical entity,
the penalty provided for in this section shall be imposed upon the directors, officers, employees or other
officials or persons therein who knowingly and willingly participated in the unlawful act.
SEC. 33. Arms Smuggling. The penalty of reclusion perpetua shall be imposed upon any person who
shall engage or participate in arms smuggling as defined in this Act.
SEC. 34. Tampering, Obliteration or Alteration of Firearms Identification. The penalty of prision
correccional to prision mayor in its minimum period shall be imposed upon any person who shall tamper,
obliterate or alter without authority the barrel, slide, frame, receiver, cylinder, or bolt assembly, including
the name of the maker, model, or serial number of any firearm, or who shall replace without authority the
barrel, slide, frame, receiver, cylinder, or bolt assembly, including its individual or peculiar identifying
characteristics essential in forensic examination of a firearm or light weapon.
The PNP shall place this information, including its individual or peculiar identifying characteristics into
the database of integrated firearms identification system of the PNP Crime Laboratory for future use and
identification of a particular firearm.
SEC. 35. Use of an Imitation Firearm. An imitation firearm used in the commission of a crime shall be
considered a real firearm as defined in this Act and the person who committed the crime shall be punished
in accordance with this Act: Provided, That injuries caused on the occasion of the conduct of
competitions, sports, games, or any recreation activities involving imitation firearms shall not be
punishable under this Act.
SEC. 36. In Custodia Legis. During the pendency of any case filed in violation of this Act, seized
firearm, ammunition, or parts thereof, machinery, tools or instruments shall remain in the custody of the
court. If the court decides that it has no adequate means to safely keep the same, the court shall issue an
order to turn over to the PNP Crime Laboratory such firearm, ammunition, or parts thereof, machinery,

tools or instruments in its custody during the pendency of the case and to produce the same to the court
when so ordered. No bond shall be admitted for the release of the firearm, ammunition or parts thereof,
machinery, tool or instrument. Any violation of this paragraph shall be punishable by prision mayor in its
minimum period to prision mayor in its medium period.
SEC. 37. Confiscation and Forfeiture. The imposition of penalty for any violation of this Act shall carry
with it the accessory penalty of confiscation and forfeiture of the firearm, ammunition, or parts thereof,
machinery, tool or instrument in favor of the government which shall be disposed of in accordance with
law.
SEC. 38. Liability for Planting Evidence. The penalty of prision mayor in its maximum period shall be
imposed upon any person who shall willfully and maliciously insert; place, and/or attach, directly or
indirectly, through any overt or covert act, any firearm, or ammunition, or parts thereof in the person,
house, effects, or in the immediate vicinity of an innocent individual for the purpose of implicating or
incriminating the person, or imputing the commission of any violation of the provisions of this Act to said
individual. If the person found guilty under this paragraph is a public officer or employee, such person
shall suffer the penalty of reclusion perpetua.
SEC. 39. Grounds for Revocation, Cancellation or Suspension of License or Permit. The Chief of the
PNP or his/her authorized representative may revoke, cancel or suspend a license or permit on the
following grounds:
(a) Commission of a crime or offense involving the firearm, ammunition, of major parts thereof;
(b) Conviction of a crime involving moral turpitude or any offense where the penalty carries an
imprisonment of more than six (6) years;
(c) Loss of the firearm, ammunition, or any parts thereof through negligence;
(d) Carrying of the firearm, ammunition, or major parts thereof outside of residence or workplace
without, the proper permit to carry the same;
(e) Carrying of the firearm, ammunition, or major parts thereof in prohibited places;
(f) Dismissal for cause from the service in case of government official and employee;
(g) Commission of any of the acts penalized under Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002;
(h) Submission of falsified documents or misrepresentation in the application to obtain a license or
permit;
(i) Noncompliance of reportorial requirements; and
(j) By virtue of a court order.

SEC. 40. Failure to Notify Lost or Stolen Firearm or Light Weapon. A fine of Ten thousand pesos
(P10,000.00) shall be imposed upon any licensed firearm holder who fails to report to the FEO of the PNP
that the subject firearm has been lost or stolen within a period of thirty (30) days from the date of
discovery.
Likewise, a fine of Five thousand pesos (P5,000.00) shall be imposed upon any person holding a valid
firearm license who changes residence or office address other than that indicated in the license card and
fails within a period of thirty (30) days from said transfer to notify the FEO of the PNP of such change of
address.
SEC. 41. Illegal Transfer/Registration of Firearms. It shall be unlawful to transfer possession of any
firearm to any person who has not yet obtained or secured the necessary license or permit thereof.
The penalty of prision correccional shall be imposed upon any person who shall violate the provision of
the preceding paragraph. In addition, he/she shall be disqualified to apply for a license to possess other
firearms and all his/her existing firearms licenses whether for purposes of commerce or possession, shall
be revoked. If government-issued firearms, ammunition or major parts of firearms or light weapons are
unlawfully disposed, sold or transferred by any law enforcement agent or public officer to private
individuals, the penalty of reclusion temporal shall be imposed.
Any public officer or employee or any person who shall facilitate the registration of a firearm through
fraud, deceit, misrepresentation or submission of falsified documents shall suffer the penalty of prision
correccional.
ARTICLE VI
FINAL PROVISIONS
SEC. 42. Firearms Repository. The FEO of the PNP shall be the sole repository of all firearms records
to include imported and locally manufactured firearms and ammunition. Within one (1) year upon
approval of this Act, all military and law enforcement agencies, government agencies, LGUs and
government-owned or -controlled corporations shall submit an inventory of all their firearms and
ammunition to the PNP.
SEC. 43. Final Amnesty. Persons in possession of unregistered firearms and holders of expired license
or unregistered firearms shall register and renew the same through the Final General Amnesty within six
(6) months from the promulgation of the implementing rules and regulations of this Act. During the
interim period of six (6) months, no person applying for license shall be charged of any delinquent
payment accruing to the firearm subject for registration. The PNP shall conduct an intensive nationwide
campaign to ensure that the general public is properly informed of the provisions of this Act.
SEC. 44. Implementing Rules and Regulations. Within one hundred twenty (120) days from the
effectivity of this Act, the Chief of the PNP, after public hearings and consultation with concerned sectors
of society shall formulate the necessary rules and regulations for the effective implementation of this Act
to be published in at least two (2) national newspapers of general circulation.

SEC. 45. Repealing Clause. This Act repeals Sections 1, 2, 5 and 7 of Presidential Decree No. 1866, as
amended, and Section 6 of Republic Act No. 8294 and all other laws, executive orders, letters of
instruction, issuances, circulars, administrative orders, rules or regulations that are inconsistent herewith.
SEC. 46. Separability Clause. If any provision of this Act or any part hereof is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid and
subsisting.
SEC. 47. Effectivity. This Act shall take effect after fifteen (15) days from its publication in a newspaper
of nationwide circulation.