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FED PNP

MANUAL
S
ANNEX A
Pertinent Provisions of the Revised Adm. Code of 1917

Sec. 877 Firearm defined - Firearm or arm as herein


used, includes rifles, muskets, carbines, shotguns, revolvers, pistols and all other
deadly weapons from which a bullet, ball, shot, shell or other missile may be
discharged by means of gunpowder or other explosives. The term also includes
air rifles except such as being of small caliber and limited range are used as toys.
The barrel of any firearm shall be considered a complete firearm shall be
considered a complete firearm for all the purpose hereof.

Note : Executive order no. 712, regulating the manufacture, sale


and possession of air rifles/pistols which are considered as firearms, was issued
on july 28, 1981, Rules and regulations governing the manufacture, sale,
possession and carrying of air rifles/pistols were issued on January 29, 1992.

Corrolarily, Letter of Instruction No. 1264 was issued on July 31, 1982,
banning the importation, manufacture, distribution, sale and display of certain
types of toy firearms and explosives ( i.e. exact replicas of genuine couterpart
firearms and explosives). And on April 20, 1993, a PNP Letter-Directive was
issued covering the disposition of toy guns, telescopic sights, tear gas devices,
electronics weapons, bullet-proof vests/vestments, and air guns received at ports
of entry.

Sec. 878. Unlawful manufacture, dealing in, acquisition, disposition or


possession of firearms, parts of firearms or ammunition therefore, or instruments
or implements used or intended to be used in the manufacture of firearms or
ammunition. Save as allowable under this article, it shall be unlawful for any
person to import, manufacture, deal in, receive, acquire, buy, sell dispose of, or
possess any firearm, detached parts of firearms or ammunition therefore, or any
instrument or implement used or intended to be used in the manufacture of
firearms, parts of firearms or ammunition.

Sec 879. Exception as to firearms and ammunition used by military


and naval forces or by peace officers, this article shall not apply to firearms and
ammunition regularly and lawfully issued to officers, soldiers, sdailors or marines
of the United States Army and Navy, the Philippine Constabulary, guards in the
employment of the Bureau of Prisons, municipal police, provincial governors,
lieutenants and guards of provincial prisoners and jails, when such firearms are
in possession of such officials ands public servants for use in the performance of
their official duties.

Sec. 880. Authority of President of the Philippines to permit transfer of


arms and ammunition. The President of the Philippines may, in his discretion,
authorize the sale or transfer of firearms and ammunition by the Bureau of
Constabulary to provincial and municipal authorities upon such terms and
conditions as may be prescribed by law.

Sec. 881. Special permit for possession of arms by civil employees.


The Chief of the Bureau of the National Government may apply to the President
of the Philippines for a special permit for any subordinate official or employee of
the Bureau to possess firearms and ammunition for personal protection in the
performance of his duties as such official or employee, and the President of the

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Philippines may issue, or cause to be issued, such special permission under such
terms and conditions as he may deem proper.

Note: Executive Order No. 186, issued by President Manuel L Quezon in


1939 prescribed the rules and regulations governing loss of firearms held under
the provisions of this section, specifying therein the amount of forty pesos as the
amount of the administrative fine to be paid by any officer or employee of the
Government who, having been issued a special permit to possess firearm, shall
lose said firearm or shall fail to have the same forthcoming upon proper demand.

Ministry Circular Nr 15, on the other hand, issued on July 30, 1984 by the
then Minister of National Defense, updated the cost valuation of issued or loaned
firearms to uniformed and/or MOND Bureaus/Offices and to authorized personnel
of other government and semi-government agencies or entities.

Sec. 882. Issuance of special hunting permits. The Department Head


may authorize the Chief of Constabulary to issue special hunting permits to
persons temporarily visiting the Philippines without requiring a bond or deposit
as a guarantee of security for their arms and ammunition. Such special hunting
permit shall be valid only during the temporary sojourn of the holder in the
Philippines, shall be non-transferable and shall be revocable at the pleasure of
the Department Head.

Sec. 883. License required for manufacture or dealer in firearms. Any


person desiring to manufacture or deal in firearms, parts of firearms or
ammunition therefore, or instruments or implements used or intended to be used
in the manufacture of firearms, parts of firearms or ammunition, shall make
application to the President of the Philippines for a license, stating therein the
facts regarding the amount of business in the manufacture or purchase and sale
of said articles intended to be transacted by such applicant, and the classes of
arms, 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 President before passing upon the
application. The President may approve or disapprove such application and, in
the event of approval, shall estate therein the amount of the bond to be
executed by the applicant before the issuance of the license and the time during
which the license shall be effective, unless sooner revoked by the authority.

Sec. 884. Issuance of license by the Chief of Constabulary-Dealers


Bond, Upon approval of the application by the President of the Philippines it shall
be transmitted to the Chief of Constabulary who shall issue the license in
accordance with the terms of the approval of the President of the Philippines,
upon the execution and delivery by the licensee of a bond, to be approved by
the Chief of Constabulary, in the amount fixed by the President of the Philippines
and conditioned for the faithful compliance on the part of the licensee with the
laws and regulations relative to the business licensed.

Sec. 885. Additional license to keep firearms in excess of amount


permitted under original license, shall for purposes of sale, desire to import, buy
or otherwise acquire, dispose of, possess of have the custody of any firearm or
ammunition in greater amount than is needed or described in his license, he
must apply for and secure a new license.

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Sec. 886. Record to be kept by persons doing business under
dealers license. Every dealer in firearms or ammunition shall keep complete
and accurate records and accounts of importation and sale of firearms and
ammunition, with the name, age, residence, occupation and post office address
of each and every purchaser of any firearms or firearms and ammunition, and
the number and date of the license of each purchaser for the possession of each
firearm purchased by him and the number of the firearm purchased, together
with the amount and character of the ammunition purchased for each firearm,
and such dealer in firearms of such records and accounts of the purchases and
sales of firearms and the counting and verification of all arms and ammunition
remaining on hand, and any refusal upon the part of any such dealer to comply
with the provisions of this Section shall be breach of the condition of the bond
executed and delivered by such dealer.

Sec. 887. License required for individual keeping of arms for


personal use Security to be given. Any person desiring to possess one or
more firearms for personal protection or for use in hunting or other lawful
purposes only, and ammunition thereof, shall make application for a license to
possess such firearm or firearms or ammunition as hereinafter provided. Upon
making such application, and before receiving the license, the applicant shall, for
the purpose of security, deposit a (United States or) Philippine Government
bond, or make a cash deposit in the Postal Savings Bank in the sum of forty
pesos for each firearm for which the license is to be issued, and shall endorse
the certificate of deposit therefore to the Philippine Treasurer, such deposit to
bear no interest, or shall give a personal or property bond, signed by two
persons or by a surety company, in such form as the President may prescribe ,
payable to the Government of the Philippines, in the sum of one hundred pesos
for each such firearms; Provided, however, that the existing bonds upon the
approval of this Act shall continue as they are not, at the option of the interested
party, the same can be renewed in accordance with the provisions hereof.
Provided, further, that bonafide and active members of duly organized gun clubs
and accredited by the Chief of Staff of the Philippine Army shall not be required
to make the deposit or give the bond prescribed in this section.

Sec. 888 Mode of making application and acting upon the


same. An application for a personal license to possess firearms and ammunition,
as herein provided, made by a resident of the City of Manila shall be directed to
the Mayor of the said city, whose duty it shall be to forward the application to
the President of the Philippines, with his recommendation. Applications made by
residents of the province shall be directed to the governor of the same, who shall
make his recommendation thereon and forward them to the President of the
Philippines, who may approve or disapprove any such application.

Sec. 889 Duration or personal license. A personal firearm license


shall continue in force until the death or legal disability of the license, unless
prior thereto, the license shall be surrendered by him or revoked by authority of
the President of the Philippines.

Sec. 890 Change of domicile by licensee. When a person holding


license for the possession of any firearm or firearms and the ammunition
therefore shall change his domicile from the City of Manila to a province or from
a province to the City of Manila, or from one province to another, he shall, within
ten days thereafter, notify the Chief of Constabulary of such change by
registered mail, or he shall notify the (Senior Inspector) Provincial Inspector of

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the province in which he takes up his new domicile, or the Chief of Police of the
City of Manila, as the case may be, and the said (Senior Inspector) Provincial
Inspector or Chief of Police, as the case may be, shall transmit such information
to the Chief of Constabulary.

Sec. 891 Deposit of firearms by person holding dealers


license. With the permission of the Department Head, any person the streamer
on which he is to sail.

Sec. 892 Abandoned arms and ammunition. Any firearms or


ammunition deposited in the custody of the Philippine Constabulary pursuant to
any provision of this article except section eight hundred ninety one shall be
deemed to have been abandoned to the Government by the owner unless he or
his representative shall reclaim thee same within one year from the time of his
departure from the Philippines or within five years in the case of ant person
remaining in the Philippines or failing to advise the Chief of Constabulary of the
disposition to be made thereof, and it shall in no case be incumbent upon the
Philippine Constabulary to retain custody longer that five years, except under
such regulations as shall be prescribed with reference thereto. Abandoned arms
and ammunition shall be disposed of in such manner as shall be prescribed by
the Department Head.

Sec. 897 Annual inspection of firearms held under license. The


Chief of Constabulary, once each year, shall issue directions to the (Senior
Inspector) Provincial Inspector of Constabulary of the various provinces to verify
all arms in the possession of person holding licenses and to make due report of
such verification to the Chief of Constabulary of any violation of the terms of
the license or of the laws, rules or regulations relating to the possession of
firearms or ammunition, and they shall endorse on each license that they have
made such verification, with the date thereof. The Chief of Police in the City of
Manila shall make a similar verification and report to the Chief of Constabulary,
noting on each license the date of the verification by him.

Note: On September 11, 1990, Circular No. 2 was issued by Major


General Nazareno, setting out rules and regulations implementing this section.

Sec. 898 Duty of holder to exhibit license. It shall be duty of any


person holding a license to exhibit such license whenever called upon to do so by
a provincial governor, by a provincial officer acting under written order of the
provincial governor, by an officer of the constabulary, by a member of the
constabulary acting under orders or pursuant to regulations, by the Chief of
Police of the City of Manila, or by a peace officer acting under a written order of
the Chief of Police.

Sec. 899 Revocation of firearms license by the President of the


Philippines. Any firearms license may revoked at any time by order of the
President of the Philippines.

Sec. 900 Enforcement of liability upon bond. In the event of the


loss or disappearance of any firearms or ammunition for any cause, except in the
case of ammunition lawfully expended, it shall be the duty of the provincial fiscal,
or in the City of Manila the fiscal of the city, forthwith to institute proper action in
a court of competent jurisdiction for the recovery of the amount specified int eh
bond of the license.

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Sec. 901 Forfeiture of certificate of deposit. Where a certificate
of deposit has been used as security and the licensee fails to comply with any
provision of this article or of the regulations pursuant thereto, or with the terms
of his license, or fails to have forthcoming upon proper demand the firearm
covered by his license, whether lost through accident or otherwise, the President
of the Philippines shall, upon satisfactory proof of such fact, order that the
certificate of deposit be forwarded to the Treasurer of the Philippines for
collection. The amount thereof when collected shall be deposited to the credit of
general fund.

Sec. 902 Refund upon recovery of lost firearm. When a lost


firearm is recovered by the owner, reimbursement shall be made for any sum
collected upon his bond or enforced by forfeiture of his deposit.

Sec. 903 Remission of liability for loss of firearms. The President


of the Philippines, in his discretion, may relive from liability on his bond or postal
savings bank deposit any person losing a firearm for which he had a valid
license, upon the presentation of satisfactory proof showing that said firearms
was destroyed or lost beyond reasonable chance of recovery by any person, and
through no fault or negligence on the part of the person holding the license.

Sec. 904 Surrender of bond or certificate of deposit. When a


firearms license expires, or is revoked or surrendered, and all the arms or
ammunition held thereunder are accounted for and disposed of according to law,
the licensees bond or his certificate of deposit shall be surrendered by order of
the President of the Philippines upon satisfactory proof of compliance with the
rules and regulations relative to the use of firearms.

Sec. 905 Forms and regulations to be prescribed by the


President of the Philippines. The President of the Philippines shall prescribe
such forms and promulgate such enforcement of the law.

Sec. 906 Forms and regulations to be prescribed by the


President of the Philippines. The President of the Philippines shall prescribe
such forms and promulgate such enforcement of the law.

Sec. 907 Suspension of firearms law in Department of


Mindanao and Sulu. The Governor-General may at any time, in his discretion,
by executive order, suspend the operation of this article in the Department of
Mindanao and Sulu and subsequently restore the same therein to full effect.

Sec. 2690 Selling of firearms to unlicensed purchaser. It shall be


unlawful for any dealer in firearms or ammunition to sell or deliver any firearm or
ammunition or any part of a firearm to a purchaser or other person until such
purchaser or other person shall have obtained the necessary license therefor.
Any person violating the provisions of this section, upon conviction in a court of
competent jurisdiction, shall be punished by a fine not exceeding two thousand
pesos or by imprisonment nor exceeding two years, or both.

Sec. 2691 Failure of personal representative of deceased


licensee to surrender firearms. When a holder of any firearms license shall
die or become subject to legal disability, and any of his relatives, or his legal
representative, or any other person shall knowingly come into possession of any
firearm or ammunition covered by such license, such person, upon failure to

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deliver the same to the Chief of Constabulary, or to the senior officer of
constabulary in the province, shall be punished by a fine not exceeding five
hundred pesos or by imprisonment not exceeding six months, or both.

Sec. 2692 Unlawful manufacture, dealing in, acquisition,


disposition or possession of firearms or ammunition therefore, or
instrument used or intended to be used in the manufacture of firearms
or ammunition. Any person who manufactures, deals in, acquires, disposes, or
possesses any firearms, parts of firearms or ammunition therefore, or instrument
or implement uses or intended to be used in the manufacture of firearms or
ammunition in violation of any provision of sections eight hundred and seventy
seven to nine hundred and six, inclusive, of this Code, as amended, shall, upon
conviction, be punished by imprisonment for a period of not less than one year
and one day nor more than five years, or both such imprisonment and a fine of
not less than one thousand pesos nor more than five thousand pesos in the
discretion of the court. If the article illegally possessed is a rifle, carbine, grease
gun, bazooka, machine gun, submachine gun, hand grenade, bomb, artillery or
ant kind of ammunition exclusively intended for such weapons, such period of
imprisonment shall be not less than five years nor more than ten years. A
conviction under this section shall carry with it the forfeiture of the prohibited
article or articles to the Philippine Government.

The possession of any instrument or implement which is directly useful in


the manufacture of firearms or ammunition on the part of any person whose
business or employment does not deal which such instrument or implement shall
be Prima Facie proof that such article is intended to be used in the
manufacture of firearms or ammunition.

ANNEX B
GENERAL ORDER NO. 6

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(Prohibition in the Carrying of Firearms)
*(Greatly modified by later laws)

WHEREAS, Proclamation No. 1081, dated September 21, 1972,


declaring a state of martial law throughout the land was issued because of
wanton destruction of lives and property, widespread lawlessness and anarchy,
and chaos and disorder now prevailing throughout the country, which condition
has been the intended consequence of the activities of groups of men now
actively engaged in a criminal conspiracy to seize political and state power in the
Philippines and to take over the Government by force and violence, the extent of
which has now assumed the proportion of an actual war against our people and
their legitimate government.

WHEREAS, terroristic activities, assassination of innocent citizens and


leaders of our country are going on unabated due to the mounting efforts of
these radical and lawless elements who are now actively challenging and defying
the government through actual military confrontation; and

WHEREAS, in order to restore the tranquility and stability of the nation


and secure the people from violence, injuries and loss of lives in the quickest
possible manner and time, it is necessary to prohibit the inhabitants of the
country from keeping any firearm without a permit duly and legally issued for
that purpose as well as to prohibit the carrying of such firearm outside the
residence of the duly licensed holder thereof;

NOW, THEREFORE, I, FERDINAND E. MARCOS, Commander-in-Chief of


all the Armed Forces of the Philippines, and pursuant to Proclamation No. 1081
dated September 21, 1972, do hereby order that henceforth and until otherwise
ordered by me or by my duly designated representative, no person shall keep,
possess or carry outside of his residence any firearm unless such person is duly
authorized to keep, possess or carry any such firearms and any person violating
this order shall forthwith be arrested and taken into custody and held for the
duration of the emergency unless ordered released by me or by my duly
designated representative.

Done in the City of Manila, this 22nd day of September in the year of our
Lord, nineteen hundred and seventy-two.

(SGD) FERDINAND E. MARCOS


President

ANNEX C
GENERAL ORDER NO. 7

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(Individuals/Entities Authorized to Carry Firearms)
*(Modified by later laws)

WHEREAS, Proclamation No. 1081, dated September 21, 1972,


declaring a state or martial law throughout the land was issued because of
wanton destruction of lives and property, widespread lawlessness and anarchy,
and chaos and disorder now prevailing throughout the country, which condition
has been the intended consequence of the activities of groups of men now
actively engaged in a criminal conspiracy to seize political and state power in the
Philippines and to take over the Government by force and violence, the extent of
which has now assumed the proportion of an actual war against our people and
their legitimate government.

WHEREAS, terroristic activities, assassination of innocent citizens and


leaders of our country are going on unabated due to the mounting efforts of
these radical and lawless elements who are now actively challenging and defying
the Government through actual military confrontation; and,

WHEREAS, in order to restore the tranquility and stability of the nation


and secure the people from violence, injuries and loss of lives in the quickest
possible manner and time, it is necessary to prohibit the inhabitants of the
country from keeping any firearm without a permit duly and legally issued for
that purpose as well as to prohibit the carrying of such firearm outside the
residence of the duly licensed holder thereof;

NOW, THEREFORE, I, FERDINAND E. MARCOS, Commander-in-Chief of


all the Armed Forces of the Philippines, and pursuant to Proclamation No. 1081
dated September 21, 1972 and General Order No. 6 dated September 22, 1972,
do hereby order that;

1. Only officers and men of the Armed Forces of the Philippines and
police officers in the Actual performance of their official mission or duty shall be
allowed to carry firearms outside residence.

2. Guards of private security agencies and public or private


corporation or firms are authorized to carry their duly licensed firearms only from
the premises of the offices of such agencies, corporations or firms to their place
of work and return. Security guards should not carry firearms higher that 12
gauge shotguns, caliber .22 rifles or caliber .38 pistols or revolvers. In no case
should these firearms be carried outside the aforementioned places. Security
agencies shall establish a depositary of firearms within their offices and in the
premises of places of work of their guards. All high-powered long firearms of
private security agencies and company guards must be deposited with the
Firearms and Explosives Unit, Philippine Constabulary, or the nearest Provincial
Headquarters.

3. Likewise, private corporations and individuals other than members


of the Armed Forces of the Philippines and of the city or municipal police forces
who are in possession of high-powered long firearms, whether licensed or
unlicensed, are required to deposit the same with the Firearms and Explosives
Unit of the Philippine Constabulary or with the nearest Provincial Headquarters.

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4. All firearms under the custody of the Bureau of Customs and/or
Bureau of Posts as well as those under the custody of clerks of courts the
criminal cases involving which are already terminated shall be turned over to the
Firearms and Explosives Unit of the Philippine Constabulary or the nearest
Provincial Headquarters.

5. The Chief of Constabulary shall prescribe regulations to implement


this order.

Done in the City of Manila, this 23rd day of September in the year of our
Lord nineteen hundred and seven two.

(SGD) FERDINAND E. MARCOS


President

ANNEX D

PRESIDENTIAL DECREE NO. 9

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DECLARING VIOLATIONS OF GENERAL ORDERS NO. 6 AND NO. 7 DATED
SEPTEMBER 22, 1972 AND SEPTEMBER 23, 1972, RESPECTIVELY TO BE
UNLAWFUL AND PROVIDING PENALTIES THEREFOR.
( Provisions inconsistent with P.D. No. 1866 repealed by the latter decree)

WHEREAS, pursuant to Proclamation No. 1081 dated September 21,


1972, the Philippines has been placed under a state of martial law;

WHEREAS, by virtue of said proclamation No. 1081, General Order No. 6


dated September 22, 1972 and General Order No. 7 dated September 23, 1972,
have been promulgated by me;

WHEREAS, subversion, rebellion, insurrection, lawless, violence,


criminality, chaos and public disorder mentioned in the aforesaid Proclamation
No. 1081 are committed and abetted by the use of firearms, explosives and
deadly weapons;

NOW, THEREFORE, I, FERDINAND E MARCOS, Commander-in-Chiefof all


the Armed Forces of the Philippines, in order to attain the desired result of the
aforesaid Proclamation No. 1081 and General Orders Nos. 6 and 7, do hereby
order and decree that;

1. Any violation of the aforesaid General Order Nos. 6 and 7 is


unlawful and the violator shall, upon conviction suffer;

a. The mandatory penalty of death by a firing squad or electrocution


as a military court/tribunal/commission may direct, if the firearm involved in the
violation is unlicensed and is attended by assault upon, or resistance to persons
in authority or their agents in the performance of their official functions resulting
in death to said persons in authority of their agents; or if such unlicensed firearm
is used in the commission of crimes against persons, property or chastity causing
the death of the victim, or used in violation of any other General Orders and/or
Letters of Instructions promulgated under said Proclamation No.1081;

b. The penalty of imprisonment ranging from twenty years to life


imprisonment as a military court/tribunal/commission may direct, when the
violation is not attended by any of the circumstances enumerated under the
preceding paragraph;

c. The penalties provided for in the preceding paragraphs shall be


imposed upon the owner, president, manager, members of the boards of
directors or other responsible officers of any public or private firms, companies,
corporations or entities who shall willfully or knowingly allow any of the firearms
owned by such firm, company, corporation or entity concerned to be used in
violation of said General Orders Nos. 6 and 7.

2. It is unlawful to possess deadly weapons, including hand grenades,


rifle grenades and other explosives including, but not limited to, pill box
bombs, Molotov cocktail bombs, chemical compound, or detonating agents
containing combustible units or other ingredients in such proportion, quantity,

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packing or bottling that ignites by fire, by friction, by concussion, by percussion,
or by detonation of all or part of the compound or mixture which may cause such
a sudden generation or highly heated gases that the resultant gaseous pressures
are capable of producing destructive effects on contiguous objects or of causing
injury death of a person; and any person convicted thereof shall be punished by
imprisonment ranging from ten to fifteen years as a military
court/tribunal/commission may direct;

3. It is unlawful to carry outside of residence any bladed, pointed or


blunt weapon such as fan knife, spear, dagger, bolo, balisong, barong, kris,
or club, except where such articles are being used as necessary tools or
implement to earn a livelihood and while being used in connection therewith;
and any person found guilty thereof shall suffer the penalty of imprisonment
ranging from five to ten years as a military court/tribunal/commission may direct.

4. When the violation penalized in the preceding paragraphs 2 and 3


is committed during the commission of, or for the purpose of committing, any
other crime, the penalty shall be imposed upon the offender in its maximum
extent, in addition to the penalty provided for the particular offenses committed
or intended to be committed.

Done in the City of Manila, this 2nd day of October, in the year of our Lord,
nineteen hundred and seventy two.

(SGD) FERDINAND E. MARCOS


President

ANNEX E

PRESIDENTIAL DECREE NO. 1866

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(Increasing the Penalty for Firearm-Related Crimes)
*(Just recently modified by Republic Act No. 8294)

CODFYING THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION, MANUFACTURE,


DEALING IN, ACQUISITION OR DISPOSITION OF FIREARMS, AMMUNITION OR
EXPLOSIVES OR INSTRUMENTS USED IN THE MANUFACTURE OF FIREARMS,
AMMUNITION OF EXPLOSIVES, AND IMPOSING STIFFER PENALTIES FOR
CERTAIN VIOLATIONS THEREOF AND FOR RELEVANT PURPOSES

WHEREAS, there has been an upsurge of crimes vitally affecting public


order and safety due to the proliferation of illegally possessed and manufactured
firearms, ammunition and explosives;

WHEREAS, these criminal acts have resulted in loss of human lives,


damage to property and destruction of valuable resources of the country;

WHEREAS, there are various laws and presidential decrees which


penalized illegal possession and manufacture of firearms, ammunition and
explosives;

WHEREAS, there is a need to consolidate, codify and integrate said laws


and presidential decrees to harmonize their provisions;

WHEREAS, there are some provisions in said laws and presidential decrees
which must be updated and revised in order to more effectively deter violators of
the law on firearms, ammunition and explosives;

NOW, THEREFOR, I, FERDINAND E MARCOS, President of the Philippines,


by virtue of the powers in me vested by the Constitution, do hereby decree;

Section 1. Unlawful manufacture, sale, Acquisition, Disposition or


Possession of Firearms and Ammunition of Implements Used or Intended to be
used in the Manufacture of Firearms and Ammunition- The penalty of reclusion
Temporal in its maximum period to Reclusion Perpetua shall be imposed upon
any person who shall unlawfully manufacture, deal in, acquire, dispose, or
possess any firearm, part of firearm, ammunition or machinery, tool or
instrument used or intended to be used in the manufacture of any firearm or
ammunition.

If homicide or murder is committed with the use of an unlicensed firearm,


the penalty of death shall be imposed.

If the violation of this section is in furtherance of, or incident to, or in


connection with the crimes of rebellion, insurrection or subversion, the penalty of
death shall be imposed.

The penalty of Reclusion Temporal in its maximum period to Reclusion


Perpetua 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
company, corporation or entity to be used by any person or persons found guilty
of violating the provisions of the preceding paragraphs.

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The penalty of prison Mayor shall be imposed upon any person who shall
carry any licensed firearm outside his residence without legal authority therefore.

Section 2. Presumption of Illegal Manufacture of Firearms or


Ammunition The possession of any machinery, tool or instrument used directly
in the manufacture of firearms or ammunition, by the any person whose
business or employment does not lawfully deal with the manufacture of firearms
or ammunition, shall be prima facie evidence that such article is intended to be
used in the unlawful/illegal manufacture of firearms or ammunition.

Section 3. Unlawful Manufacture, Sale, Acquisition, Disposition


or Possession of Explosives - The penalty Reclusion Temporal in its
maximum period to Reclusion Perpetua shall be imposed upon any person who
shall unlawfully manufacture, assemble, deal in, acquire, dispose or possess
handgrenade(s) and other explosives, including, but not limited to, pill box,
Molotov cocktail bombs, fire bombs, or other incendiary device capable of
producing destructive effects on contiguous objects or causing injury or death to
any person.

Any person who commits any of the crimes defined in the Revised Penal
Code or special laws with the use of the abovementioned explosives, detonating
agents or incendiary devices which result in the death of any person or persons
shall be punished with the penalty of death.

If the violations of this Section is in furtherance of, or incident to, or in


connection with the crime of rebellion, insurrection or subversion, the penalty of
death shall be imposed.

The penalty of Reclusion Temporal in its maximum period to Reclusion


Perpetua 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 explosives 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 paragraphs.

Section 4. Presumption of Unlawful Manufacture - The


possession of any machinery, tool or instrument used in the manufacture of
explosives, by any person whose business or employment does not lawfully deal
with the manufacture of explosives shall be prima facie evidence that such article
is intended to be used in the unlawful/illegal manufacture of explosives.

Section 5. Tampering of Firearms Serial Number - The


penalty of Prision Mayor shall be imposed upon any person who shall unlawfully
tamper, change, deface or erase the serial number of any firearm.

Section 6.Repacking or Altering the Composition of Lawfully


Manufactured Explosives. The penalty of Prision Mayor shall be imposed
upon any person who shall unlawfully repack, alter or modify the composition of
any lawfully manufactured explosives.

Section 7.Unauthorized Issuance of Authority to Carry Firearm


and/or Ammunition Outside of Residence. - The penalty of
Prision Correctional shall be imposed upon any person, civilian or military, who

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shall issue authority to carry firearms and/or ammunition outside of residence,
without authority therefore.

Section 8. Rules and Regulations - The Chief of the Philippine


Constabulary shall promulgate the rules and regulations for the effective
implementation of this Decree.

Section 9. Repealing Clause - The provisions of Republic Act


No. 4, Presidential Decree No. 9, Presidential Decree No. 1728, and all laws,
decrees, orders, instructions, rules and regulations which are inconsistent with
this Decree are hereby repealed, amended or modified accordingly.

Section 10. Effectivity - This Decree shall take effect after fifteen
(15) days following the completion of its publication in the Official Gazette.

Done in the City of Manila, this 29th day of June, in the year of our Lord,
nineteen hundred and eighty three.

(SGD) FERDINAND E. MARCOS


President

ANNEX F

REPUBLIC ACT NO. 8294

15
AN ACT AMENDING THE PROVISIONS OF PRESIDENTIAL DECREE NO.
1866, AS AMENDED, ENTITLED CODIFYING THE LAWS ON
ILLEGAL/UNLAWFUL POSSESSION, MANUFACTURE, DEALING IN,
ACQUISITION OR DISPOSITION OF FIREARMS, AMMUNITION
OR EXPLOSIVES OR INSTRUMENTS USED IN THE MANUFACTURE
OF FIREARMS, AMMUNITION OR EXPLOSIVES, AND IMPOSING
STIFFER PENALTIES FOR CERTAIN VIOLATIONS THEREOF, AND
FOR RELEVANT PURPOSES.

Be it enacted by the Senate and House of Representatives of the Philippines in


Congress assembled;

SECTION 1. Section 1 of Presidential Decree No. 1866, as amended, is


hereby further amended to read as follows;

SECTION 1. Unlawful Manufacture, Sale, Acquisition, Disposition or


Possession of Firearms or Ammunition or Instruments Used or Intended to be
used in the Manufacture of Firearms or Ammunition - The penalty of
prision correctional in its maximum period and a fine of not less than Fifteen
thousand pesos (P15,000.00) shall be imposed upon any person who shall
unlawfully manufacture, deal in, acquire, dispose or possess any low powered
firearms, such as rimfire handgun, .380 or .32 and other firearm of similar
firepower, part of firearm, ammunition, or machinery, tool or instrument used or
intended to be used in the manufacture of any firearm or ammunition. Provided,
that no other crime was committed.

The penalty of prision mayor in its minimum period and a fine of Thirty
thousand pesos (P30,000.00) shall be imposed if the firearm is classified as high
powered firearm which includes those with bores bigger in diameter than .38
caliber and 9 millimeter such as caliber .40, .41, .44, .45 and also lesser
calibered firearms but considered powerful such as caliber .357 and caliber .22
center-fire magnum and other firearms with firing capability of full automatic and
by burst of two or three. Provided however, that no other crime was committed
by the person arrested.

If homicide or murder is committed with the use of an unlicensed


firearm, such use of unlicensed firearm shall be considered as an aggravating
circumstances.

If the violation of this Section is in furtherance of or incident to, or in


connection with the crime of rebellion or insurrection, sedition, or attempted
coup d etat, such violation shall be absorbed as an element of the crime of
rebellion, or insurrection, sedition, or attempted coup d etat.

The same penalty 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 paragraphs or
willfully or knowingly allow any of them to used unlicensed firearms or firearms

16
without any legal authority to be carried outside of their residence in the course
of their employment.

The penalty of arresto mayor shall be imposed upon any person who shall
carry any licensed firearm outside his residence without legal authority
therefore.

SECTION 2. Section 3 of Presidential Decree No. 1866, as amended, is


hereby further amended to read as follows;

SEC. 3 Unlawful Manufacture, Sale, Acquisition, Disposition


or Possession of Explosives - The penalty of prision mayor in its
maximum period to reclusion temporal and a fine of not less than Fifty thousand
pesos (P50,000.00) shall be imposed upon any person who shall unlawfully
manufacture, assemble, deal in, acquire, dispose or possess hand grenade(s),
rifle grenade(s), and other explosives, including, but not limited to, pillbox,
Molotov cocktail bombs, fire bombs, or other incendiary devices capable of
producing destructive effect on contiguous objects or causing injury or death to
any person.

When a person commits any of the crimes defined in the Revised Penal
Code or Special laws with the use of the aforementioned explosives, detonation
agents or incendiary devices, which results in the death of any person or
persons, the use of such explosives, detonation agents or incendiary devices
shall be considered as an aggravating circumstances.

If the violation of this Section is in furtherance of, or incident to, or in


connection with the crime of rebellion, insurrection, sedition or attempted coup
d etat, such violation shall be absorbed as an element of the crimes of rebellion,
insurrection, sedition or attempted coup d etat.

The same penalty 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 explosives
owned by such firms, company, corporation or entity, to be used by any person
or persons found guilty of violating the provisions of the preceding paragraphs.

SECTION 3. Section 5 of Presidential Decree No. 1866, as amended, is


hereby further amended to read as follows:

Sec. 5 Tampering of Firearms Serial Number -


The penalty of prision correctional shall be imposed upon any person who
shall unlawfully tamper, change, deface, or erase the serial number of any
firearm.

SECTION 4. Section 6 of Presidential Decree No. 1866, as amended, is


hereby further amended to read as follows:

Sec. 6 Repacking or Altering the Composition of


Lawfully Manufacturing Explosives - The penalty of prision
correctional shall be imposed upon any person who shall unlawfully repack, alter
or modify the composition of any lawfully manufactured explosives.
SECTION 5. Coverage of the Term Unlicensed Firearm - The term
unlicensed firearm shall include:

17
1) Firearm with expired license; or

2) Unauthorized use of licensed firearm in the commission of the


crime.

SECTION 6. Rules and Regulations - The Department of Justice


and the Department of the Interior and Local Government shall jointly issue,
within ninety (90) days after the approval of this Act, the necessary rules and
regulations pertaining to the administrative aspect of the provisions hereof,
furnishing the Committee on Public Order and Security and the committee on
Justice and Human Rights of both Houses of Congress copies of such rules and
regulations within thirty (30) days from the promulgation hereof.

SECTION 7. Separability Clause - If, for any reason, any


section or provision of this Act is declared to be unconstitutional or invalid, the
other sections or provisions thereof which are not affected thereby shall continue
to be in full force and effect.

SECTION 8. Repealing Clause - All laws, decrees, orders, rules


and regulations or parts thereof inconsistent with the provisions of this Act are
hereby repealed, amended, or modified accordingly.

SECTION 9. Effectivity - This Act shall take effect after fifteen


(15) days following its publication in the Official Gazette or in two (2)
newspapers of general circulation.

CHAPTER II
POSSESSION OF FIREARMS
WHEN LEGAL

18
Possession of any firearm is unlawful if the necessary permit and/or
license therefore is not first obtained. To act that is attached the Penalty of
Reclusion Temporal, maximum to Reclusion Perpetua (under the old P. D. No.
1866 if with the use of such an unlicensed firearm, a homicide or murder is
committed, the crime is aggravated and is more heavily punished with the capital
punishment (People vs. Caling, 208 SCRA 821). Under the newer R.A. No. 8294,
the penalties as aforediscussed have been greatly reduced.

WHO ISSUES THE LICENSE/PERMIT TO


POSSESS FIREARM?

Under the Rev. Adm. Code

Sec. 878 of the Rev Adm. Code of 1917 provided that Save as allowable
under this article, it shall be unlawful for any person to import, manufacture,
deal in, receive, acquire, buy, sell, dispose of, or possess any firearm, detached
parts of firearms and ammunition therefor, or any instrument used or intended
to be used in the manufacture of firearms, parts of firearms or ammunition. But
Sec. 879 provides that This article shall not apply to firearms and ammunition
regularly and lawfully issued to officers, soldiers, sailors or marines of the Army
and Navy, the Philippine Constabulary, guards in the employment of the Bureau
of Prisons, municipal police, provincial governors, lieutenants and guards of
provincial prisons and jails, when such firearms are in possession of such officials
and public servants for use in the performance of their official duties.

Hence, apparently under this Rev, Adm. Code, for the personsa
enumerated under this section, there was no need for further license processing,
for their officially issued firearms and ammunition.

The President of the Philippines was authorized under Sec 881 to issue, or
cause to be issued, special permits applied for by the Chiefs of Bureaus of the
National Government, in favor of any subordinate official or employee of a
Bureau to possess firearms and ammunition for personal protection in the
performance of his duties as such official or employee.

Provincial and Municipal authorities may, upon such terms and conditions
prescribed by law, purchase or effect transfer of firearms and ammunition to
them by the Bureau of Constabulary, as the President of the Philippines may, in
his discretion, authorize.

Under Sec. 882, the Department Head may authorize the Chief of
Constabulary to issue special hunting permits to persons temporarily visiting the
Philippines, without requiring a bond or deposit as a guarantee of security for
their arms and ammunition.

The President of the Philippines approved or disapproved application for


licenses to manufacture or deal in firearms. Upon approval of the application, it
was transmitted to the Chief Constabulary who issued the license in accordance
with the terms of approval of the President of the Philippines. (Sec 883 and 884,
Rev. Adm. Code.)

19
Applications for licenses for individual keeping of firearms for personal
protection were directed to the Mayor of Manila (if a resident of the City of
Manila) or to the governor of a province (if a resident of a province for
forwarding to the President of the Philippines, who may approve or disapprove
any such application. (Sec. 888 Rev. Adm. Code) A personal firearm license
continued in force until the death or legal disability of the licensee, unless prior
thereto, the license was surrendered by him or revoked by authority of the
President of the Philippines. (Sec 889, Rev, Adm. Code)

A person arriving in the Philippines, having in his possession any firearms


or ammunition for which he has no license, shall deposit the same, upon written
receipt, with the Collector of the Customs for delivery to the Chief of
Constabulary for safekeeping. If the party in question desires to obtain a firearm
license, the Chief of Constabulary shall communicate such fact to the President
of the Philippines, and if the importation is allowed, a license may be issued as in
other cases. If no license be desired, or leave to import be not granted, the
article or articles in question shall remain in the custody of the Chief of
Constabulary until taken from the Philippines or otherwise disposed of according
to law. (Sec. 892. Rev. Adm. Code)

Sec. 905 of the Rev. Adm. Code empowers the President of the Philippines
to prescribe such forms and promulgate such regulations as are necessary for
the enforcement of this law.

Even in those early days, when people and firearms holders were much
fewer than today, such administrative tasks over firearms and ammunition must
have been quite time consuming so that as early as January 21, 1919, Acting
Governor General Charles E Yeater issued Executive Order No. 8, authorizing and
directing the Chief of Constabulary to act for the Governor General in carrying
out the provisions of Sections 881, 882, 888 (as amended by Sec 2 of Act No.
2774), 891, and 892 of the Rev Adm. Code, said latter Sections empowering the
Governor General to approve and disapprove applications for personal, special
and hunting licenses to possess firearms and ammunition.

On December 5, 1924, Governor- General Leonard Wood issued


Executive Order No. 61, designating the Philippine Constabulary as the Philippine
Government Custodian for firearms, ammunition, explosives and their
ingredients.

On December 3, 1965, then President Diosdado Macapagal issued


Executive Order No. 215, authorizing and directing the Chief of Constabulary to
act for the President in carrying out the provisions of Sec 899 of the Rev Adm
Code of 1917, said section empowering the President of the Philippines to revoke
any firearm license any time. The authorized and directed to act for the President
in carrying out the provisions of sections 881, 882 and 888 of the Rev Adm Code,
said latter sections empowering the President of the Philippines to approve or
disapprove applications for personal, special and hunting licenses to possess
firearms and ammunition.
During Martial Law

After Proclamation No. 1081 on September 21, 1972 placing the entire
Philippines under martial law was declared. General Orders Nos. 6 and 7 were
issued reiterating the prohibition on the possession/carrying of unlicensed
firearms and ammunition with the added feature of course of the violator being

20
arrested without benefit of the writ of habeas corpus and the possibility of his
being detained indefinitely. Under paragraph 4 of General order No 7, issued
September 23, 1972, the Chief of Constabulary was directed and authorized to
prescribe appropriate regulations to implement this Order.

This same delegation pf power and directive to prescribe regulations given


to the Chief of Constabulary was granted under paragraph 3 of general Order
No. 7-A, issued September 30, 1972 and under paragraph 6 of General Order
No. 7-B, issued January 17, 1973.

In General Order No. 7-C, issued February 21, 1973, the Chief of
Constabulary was empowered to classify firearms as high-powered, regardless of
type of caliber.

Under Sec. 8 of PD No. 1866, issued June 29, 1983, the Chief of the
Philippine Constabulary was authorized to promulgate rules and regulations for
the effective implementation of this Decree.

Under Section 2 of the Implementing Rules and Regulations for PD No.


1866, any person or entity desiring to import, manufacture, deal in, receive,
acquire, buy, sell, dispose of, or possess any firearm, part of firearm,
ammunition, explosives or machinery, tool or instrument used or intended to be
used in the manufacture of any firearm, parts of the firearm, ammunition or
explosives shall first secure the necessary permit/license/authority from the Chief
of Constabulary, except that in the case of application to manufacture firearms,
ammunition or explosives, the corresponding permit/license shall be issued only
with the prior approval of the President.

For the ease of reference, it would be best to reproduce hereunder said


implementing rules and regulations for PD No. 1866.

ANNEX E 1

PRESIDENTIAL DECREE NO. 1866

(Implementing Rules and Regulations)

21
Pursuant to Section 8 of Presidential Decree No. 1866, dated June 29,
1983, as amended, promulgated hereunder are the Rules and Regulations
implemental of said Decree for the guidance of all concerned.

Section 1. Definition of Terms - For purposes of Presidential


Decree No. 1866, the following terms shall mean and be interpreted as
hereunder defined;

a. Firearm as herein used, includes rifles, muskets, carbines,


shotguns, revolvers, pistols and all other deadly weapons from which a bullet,
ball, shot, shell or other missile may be discharged by means of gunpowder or
other explosives. The term also includes air rifles and air pistols not classified as
toys under the provisions of Executive Order No. 712 dated 28 July 1981. The
barrel of any firearm shall be considered a complete firearm.

b. Explosives- refers to any substance either solid or liquid, either as


a mixture or single compound which by chemical reaction, liberate at high speed,
heat and gas, causing tremendous pressure resulting in an explosion; such as
gunpowder, powder used for blasting, all forms of high explosives, blasting
materials, dynamite fuses, detonators and detonating agents, smokeless powder,
handgrenade, rifle grenade, pillbox bomb, Molotov cocktail bomb, or other
incendiary devices and other chemical compound or chemical mixture that
contains any combustible unit or other ingredients in which proportion or papkins
that ignites by fire, by friction, by concussion, by percussion, or by detonation of
all or any part of the compound of mixture causing which a sudden generation of
highly heated gases that resultant gaseous pressure are capable of producing
destructive effects on contiguous objects or destroying life or limb.

c. Ammunition refers to loaded shells for rifles, muskets, carbines,


shotguns, revolvers, pistols and other firearms from which a bullet, ball, shot,
shell or other missile may be fired by means of gunpowder or explosives.

d. Mission Order is a written directive or order issued by


competent authority as enumerated in Section 5 hereof to persons who are
under his supervision and control for a definite purpose or objective during a
specified period and to such place or places as therein mentioned which may
entitle the bearer thereof to carry his duly issued or licensed firearm outside of
his residence when so specified therein.

e. Permit to Carry Firearm Outside of Residence is a written


authority, issued to any person by the Chief of Constabulary which entitles such
person to carry his licensed or lawfully issued firearms outside of his residence
for the duration and purpose specified therein.

f. Residence refers to that place where the firearm and


ammunition is being permanently kept. It includes the office or house where it is
kept and the premises of the house enclosed by walls and gates separating said
premises from adjacent properties. For firearms covered by a Regular License or
Special Permit, their residence shall be that specified in the license or permit;
and those covered by a Certificate of Registration or a Memorandum Receipt,
their residence is the office/station to which the grantee belongs.

g. Duty Detail Order is a written order/schedule issued by a


superior officer to his subordinate (s) assigning to the latter the performance of a

22
specific tasks within or outside his/their official which is a part of his/their regular
duties, usually requiring completion within a 24 hour period.

Section 2. Manufacture, sale, acquisition or possession of firearm,


ammunition or explosives Any person or entity desiring to import, manufacture,
deal in, receive, acquire, buy, sell, dispose of or possess any firearm, part of
firearm, ammunition, explosives or machinery, tool or instrument used or
intended to be used in the manufacture of any firearm, parts of a firearm,
ammunition or explosives shall first secure the necessary permit/license/authority
from the Chief of Constabulary, except that in the case of application to
manufacture firearms, ammunition or explosives the corresponding
permit/license shall be issued only with the prior approval of the President.

Section 3. Authority of private individuals to carry firearms outside of


residence.

a. As a rule, persons who are lawful holders of firearms (regular


license, special permit, certificate of registration or M/R) are prohibited from
carrying their firearms outside of residence.

b. However, the Chief of Constabulary may, in meritorious cases as


determined by him and under person or persons to carry firearm outside of
residence.

c. Except as otherwise provided in sections 4 and 5 hereof, the


carrying of firearms outside of residence or official station in pursuance of an
official mission or duty shall have the prior approval of the Chief of Constabulary.

Section 4. Authority of personnel of certain civilian government entities


and guards of private security agencies, firearms The personnel of the
following civilian agencies including guards of private security agencies, company
guard forces and government guard forces are authorized to carry their duly
issued firearms whenever they are on duty detail subject specific guidelines
provided in Sec. 6 hereof.

a) Guards of the National Bureau of Prisons, Provincial and City Jails

b) Members of the Bureau of Customs Police, Philippines Ports


Authority Security Force, and Export Processing Zone Authority Police Force, and

c) Guards of Private Security Agency, Company Guards Forces and


Government Guard Forces

Section 5. Authority to issue Mission Order involving in the carrying of


Firearms - The following are authorized to issue Mission Orders with
provision which may entitles the bearer thereof to carry his issued/license
firearms and ammunition for the duration of such mission:

a) For officers, men and regular civilian agents of the ministry of


National Defense (MOND)/Armed Forces of the Philippines (AFP) including
members of the ICHDF;

1) The Minister of National Defense and such other ministry


official duly designated by him;

23
2) The Chief of Staff, AFP;

3) Chief of the General/Technical and personal staff of GHQ,


AFP;

4) Commanders of the AFP major services, including the Chief


of their respective general/special/technical and personal staff,

5) Commanders and Chief of Staff of AFPWSSUs and major


command/unit of the AFP and the major services,

6) Commanders of the battalions and higher units and their


equivalent in the Philippine Air Force and Philippine Navy;

7) Commanders of AFP intelligence units from GHQ, AFP down


to regional command levels;

8) Provincial Commanders, METRODISCOM Commanders,


company commanders and their equivalent in the Philippine Air Force and
Philippine Navy; and

9) Detachment Commanders in remote areas whose higher


commanders are not easily available to issue such orders.

b) For members of the Integrated National Police (INP):

1) The Director General, INP;

2) The Deputy Director General, INP;

3) Regional Directors, Metropolitan Police Force;

4) Commanding General, Office of Jail Management and


Penology;

5) Director of Legal Affairs, INP Legal Service;

6) Provincial/District Superintendents;

7) Commanding Officers of Metropolitan District Commands;

8) Commanding Officer, INP Field Forces;

9) Station/Sub-Station Commanders; and

10) Commanding Officers, INP Separate Units/Offices or Officers


holding equivalent commands

c) For members of the National Bureau of Investigation;

1) The Director;

24
2) The Deputy Director; and

3) The Assistant/Regional Directors.

d) For agents of the National Intelligence and Security Authority


(NISA);

The Director-General, NISA

1) The General Manager

Section 6. Specific guidelines in the carrying of firearms outside of


residence - The following specific guidelines shall be strictly observed in
the carrying of firearms outside of residence;

a) Lawful holders of firearms - Lawful holders of firearms


(regular license, special permit certificate of registration or M/R) are prohibited
from carrying their firearms outside of residence except when they had been
issued by the Chief of Constabulary a permit to carry firearms outside of their
residence as provided for in Sec. 3 hereof or in actual performance of duty or
official mission under Secs. 4 and 5 hereof.

b) For officers, men and regular civilian agents of the MOND/AFP/PNP;

1) Whether in uniform or in civilian attire, the


abovementioned personnel are not authorized to carry firearms
except while on actual performance of official duties or when on
official mission pursuant to a mission order. When required by
proper authorities, the mission order should be shown on demand
without resentment to avoid misunderstanding.

The term duty as used herein means a task or function


that requires the use of firearm to insure its accomplishment. This
includes, but shall not be limited to guarding or securing persons
legally entitled to protection, and government property; enforcing
laws and regulations; participation in training, combat, police,
intelligence and security operations; detail as participants in parade
and ceremonies and the like. The authority to carry firearm in the
above instances shall apply not only in the specific place of duty
but also from the camps, barracks, quarters or assembly area of
such personnel to the place of duty and back

The term official mission shall refer to a task that requires


the personnel concerned to go out of his official station for its
accomplishment.

2) While in the actual performance of duty such as those


enumerated above, the letter order detailing them to such duty,
the operation order in combat, police, intelligence or security
operations, and other written instructions indicating the authority to
carry the firearm issued by competent authority, shall be sufficient.

25
In some instances were time is of the essence, the authority may
be verbal, provided the individuals are in uniform, within their area
of operation or place of duty, and accompanied by a person in
charge.

c) Manner of Carrying Firearms

1) As a general rule, firearms shall be carried only while in


proper uniform.

2) The sidearm carried by a person in uniform shall be placed


in a holster securely attached to the belt, except that military pilots in
flying uniforms and crew of armored vehicles may carry their firearms in
shoulder holster.

3) Personnel in uniform but without holster and those in civilian


clothes who are authorized to carry firearms outside their residence shall
ensure that their firearms are concealed unless in actual use for a
legitimate purpose.

4) The practice of flagrantly displaying a firearm or tucking it at


the waist while in uniform or in civilian clothes is prohibited.

5) Only firearms specifically described in the mission orders


shall be carried.

d) Limitations and Restrictions

1) Those authorized to carry firearms shall not bring said


firearms inside public drinking places, cabarets, public dance halls and
public amusement places, or while attending civic, political and religious
rallies and meetings.

2) Carrying of long firearms is prohibited in Metro Manila,


chartered cities, provincial capitals, and other thickly populated areas or in
fiestas or other large gatherings except when called for in the
performance of duty or accomplishment of mission.

e) Agents of the National Bureau of Investigation and the National


Intelligence and Security Authority are not allowed to carry firearms outside of
residence except while in the actual performance of official mission or duty
provided they are covered by appropriate Mission Orders.

f) Guards of the Bureau of Prison and of Provincial Jails are not


authorized to carry their duly issued firearms except within the premises of the
person or jail in which they are actually on guard duty and while escorting
prisoners pursuant to a validly issued duty detail order from the prison or jail to
offices of provincial/city fiscals or to the courts, in compliance with subpoena
issued for the purpose, and return.

g) Members of the Bureau of Customs Police, Philippine Ports


Authority Security Force, Export Processing Zones Authority Police Force are not

26
authorized to carry their issued firearms except while on duty within the
customs, port of zone area only. After their tour of duty, the firearms should be
returned to the property custodian or armorer for safekeeping in the depository.
In case of missions outside of their official stations, they may be allowed to carry
their duly issued firearms provided they are covered by duty detail order issued
by the Chief of Customs Police, Chief Security Officer of the Philippine Ports
Authority and the Chief Security Officer of the Export Processing Zone Authority,
respectively, specifically detailing them to such duty. The duty detail order shall
state the period and the places covered.

h) For guards of licensed security agencies and public or private


corporations or firms;

1) Guards of security agencies and public or private


corporations or firms are not authorized to carry firearms except while on
duty, in proper uniform, and they are properly covered by a duty detail
issued by the Chief Security Officer concerned. The carrying of firearms is
limited only from the premises of the office of such agencies, corporations
or firms to their places of work and return.

2) Security guards shall not bring home the firearms issued to


them. After their tour of duty, the firearms should be returned for
safekeeping in the depository in the office or premises of work of the
security guards.

3) Only firearms licensed to the agency, corporation or firmed


concerned may be used/carried by the security guard.

4) Security guards may be allowed to carry firearms to escort


bid amounts of cash or valuables of their registered clients, provided that
said escorts are covered by duty detail orders issued by the Chief Security
Officer concerned. Coordination shall be made by the operator/general
manager with CO, PC METROCOM, MMPF in Metro Manila, and Provincial
Commander/Police Superintendent in the province who should be
furnished a copy of the duly detail order, as soon as said orders are
issued.

i. For Integrated Civilian Home Defense Forces (ICHDF);

1. CHDF members are not allowed to travel with firearms


individually and are not allowed to operate outside of their operational
areas without prior authority/clearance from the Military Commander-in-
Charge.

2. CHDF members are not allowed to bring their issued


firearms to their residence except as specifically authorized by the Military
Commander-in-Charge on a case-to-case basis justified by the exigencies
of the service.

3. A secured depository of firearms should be maintained at


the lowest level of CHDF organization.

27
4. Appropriate information/coordination shall be made with the
nearest PC or INP unit for purposes of identification and to preclude
incidents of violence between CHDF and military forces in instances where
apprehensions or arrests by CHDF in the province are to be effected.

Section 7. Unlawful repacking or altering of the composition of lawfully


manufactured explosives Altering, repacking or in any way modifying
the composition of lawfully manufactured explosives is unlawful and
punishable; and exigency of the mission, the mission may cover places
not within the area of responsibility of the issuing authority. In such
instances, the Chief of the MOND Office/NBI Director of the Commander
of the AFP, INP and CHDF Commands/Units/Stations issuing the mission
order shall notify/coordinate with the highest PC or military commander in
the area where the mission is to be accomplished. Where the exigency of
the mission or the time element is crucial to the successful
accomplishment of the mission, notification/coordination shall be made
immediately thereafter as soon as practicable.

The bearer of the Mission Order shall sign an undertaking


immediately below the signature of the issuing authority to the effect that
he (MO holder) is certifying that he has read and fully understood the
contents of his/her mission order and binds himself/herself to strictly
abide by and comply with the instructions contained therein.

No Mission Order shall be issued to any civilian agent


authorizing the same to carry firearms outside residence unless/he/she is
included in the regular plantilla of the government agency involved in law
enforcement is receiving regular compensation for the services he/she is
rendering to the agency. Further, the civilian agent must be included in a
specific law enforcement/police/intelligence project proposal or special
project which specifically requires the use of firearm (s) to insure its
accomplishment and that the project is duly approved at the PC Regional
Command level or its equivalent level in other major services of the AFP,
INP and NBI, or at higher level of command;

In Section 5a (5), the words unified commands shall be


inserted immediately after the comma (,) of AFPWSSUs

(5) Commanders and Chiefs of Staff AFPWSSUS, unified


commands and major commands/units of the AFP and the Major
Services.

AFTER THE 1986 EDSA REVOLUTION

Immediately after the 1986 EDSA Revolution, no significant changes with


regard to public policy on the possession of firearms and explosives were made.
The basic firearms law remained PD 1866. It was only much later that R.A. No.
8294, substantially amending P.D. 1866, was passed.

28
But there was an unprecedented rush by civilians to apply for licenses to
possess firearms and the government cannot be accused of being overly strict in
the approval of said licenses.

The only major change, vis a vis firearms licensing, is that the Philippine
Constabulary (the main government agency tasked with the administration of
firearms matters) was merged with the Integrated National Police under the
1987 Administrative Code. A short while later, the INP was re-organized into the
Philippine National Police. The Chief licensing authority remained the head of the
agency, this time with the title of Director-General, Philippine National Police. As
before, he acted through the Chief of the Firearms and explosives Office.

FIREARMS AND EXPLOSIVES OFFICE

The sole regulatory agency of the government on firearms and explosives


administration, as provided for by law, is the Firearms and explosives Office, a
major division of the Civil Security Force Command which functions as the
national support unit of the Philippine National Police. It holds offices at Camp
Crame, Quezon City, Metro Manila.

The following account of the Firearms and Explosives Office (FEO for
short) is from FEO publications on firearms and explosives related laws and
regulations, as well as from personal interviews with its key officials.

The FEO is responsible for the administration, enforcement and


implementation of firearms and explosives laws, riles and regulations in the
country. Likewise, it is the final repository and sole clearing house of all records
and information on firearms and ammunition (including firearms records of all
government-owned or controlled corporations and all local government units)
pursuant to PD 1866 and Implementing Rules and Regulations therefore, as well
as Executive Order No. 122, as amended.

The FEO issues licenses for the possession of firearms and explosives in
accordance with laws. It supervises and controls firearms and ammunition of
individual licenses, public and private corporations, firearms manufactures and
dealers, security agencies, police forces, gun clubs and hunting clubs.

The FEO likewise supervises and controls explosives used in activities such
as mining, road construction, agriculture, food preparation and manufacture of
pesticides (including those used in the manufacture and dealership explosives).

The FEO conducts operations against illegal possessors of firearms and


explosives, and supports PNP units engaged in similar operations.

Back in the early 1900s, the need to implement a prompt and factual
firearms administration system in the country gave rise to the creation of the
then Firearms Section of the now defunct Philippine Constabulary.

The Section was originally manned by only three personnel tasked with
registering and issuing the first firearm licenses and permits to early American
and Filipino civilian employees. Under the new American administration, there

29
country embarked heavily on agricultural crops production, Consequently, there
was an increased demand for rifles to enable the farmers to protect their crops
from wild animals. Likewise, the growth of industrialization brought about a new
sectoral demand for firearms for both the growingly affluent industrialists and
the politicians.

As the section grew, new functions were added to include control and
supervision of firearms dealers, gun clubs and licensing of explosives all over the
country. Furthermore, it took charge of the storage of all confiscated, captured,
surrendered, seized and abandoned firearms and ammunition. This diversified
function led to the re-organization of the section to the Firearms and Explosives
Unit which was a separate unit under the Civil Security Force Command (CSFC).
Later, as the functions of the FEU became more critical, it became necessary to
re-organize the unit into a more dynamic and flexible organization. It then
became the Firearms and Explosives Office under the CSFC, a national support
unit of the PNP pursuant to Sec. 24 (F) of RA 6975, and the Rev. Ad Code.
Considering, however, the limited personnel complement of the office vis a vis
the overwhelming scope of its responsibilities, the specific implementation of
firearms and explosives laws and regulations become a major responsibility of
the PNP territorial units.

Aside from tackling administrative matters on firearms and explosives


management such as licensing of firearms, transfers of license, licensing of
firearms and ammunition dealers, explosives dealers, explosives purchasers, gun
repair shops, indentors, firearms for security agencies and government agencies
(including local government units and government-owned or controlled
corporations), the FEO likewise processes/issues permits to carry firearms
outside residence (PTCFOR), transport permits for members of PNP recognized
gun clubs, hunting permits and all other firearms and explosives related matters.
However, field inspections, case investigations and other related intelligence
operations are inherent responsibilities and routine activities of the FEO in close
coordination with other law enforcement units/agencies. Also, competent
personnel of the Records Branch of the FEO appear as government witnesses in
court proceedings pertaining to firearms and explosives cases.

The creation of the National Law Enforcement Coordinating Committee


(NALECC) wherein the FEO became the lead agency of its sub-committee on
firearms and explosives, required the establishment of NALECC liaison offices in
major ports of entry in the country to institute efficient and effective firearms
and explosives control, and to provide closer linkages and coordination among
members/concerned agencies.

REPUBLIC ACT NO. 8294

After much controversy, R.A. No. 8294 finally became law. A substantial
amendment of P.D. No. 1866, it stands to benefit so many persons already
convicted and sentenced to long prison terms, a sizeable number of whom are
already languishing in jail.

30
Primary, R.A. 8294 greatly lowers the applicable penalties for various
violations of firearms laws. Thus the maximum penalty for illegal possession of
firearms is now only up to twelve years imprisonment, compared to P.D. No.
1866s death penalty (delimited to reclusion perpetua by the 1987 Constitution).

On its face, also, R.A. 8294 makes clear some of the grey areas
surrounding the field of illegal possession of firearms. Thus the term illegal
possession of firearms now categorically includes possession of firearms with
expired licenses (paragraph 1 sec 5 of R.A. 8294) and unauthorized use of
licensed firearm in the commission of the crime (paragraph 2, Sec 5 of R.A. No.
8294). Also, the use of an unlicensed firearm in the commission of homicide or
murder makes such use an aggravating circumstance.

And if the violation is in furtherance of, or incident to, or in connection


with the crime of rebellion, insurrection, sedition or attempted coup d etat, such
illegal possession of firearms is deemed absorb in the aforementioned crimes so
that no separate conviction and penalty for said illegal possession of firearms will
lie.

HOW TO APPLY FOR LICENSE TO POSSESS FIREARMS

The latest procedural guidelines for the licensing of firearms is found in


Standing Operating Procedure Nr. 13 of 1991 (supplemented by 1997
Memorandum discussed further on).

ANNEX G

Standing Operating Procedure Nr. 13


September 19, 1991
(Licensing of Firearms)

1. GENERAL:

1. Purpose This SOP prescribes the procedure to be followed in the


licensing of firearms.

2. Scope This SOP applies to Filipino citizens only of at least 21


years of age, elective or appointive government officials and employee to include
Barangay Captains, active or retired personnel of the PNP and AFP; reserve
officers of the AFP on inactive status; private firms, establishments or
corporations; as well as government agencies or offices and government-owned
or controlled corporations.

3. References-

a. Sections 881, 887, 888, 893, 894 and 899 of the Rev Adm
Code.

b. Executive Order No. 215, dated 03 December 1965.

31
c. Letter from the Executive Secretary to the Chief of
Constabulary, dated 21 January 1966, clarifying Executive Order No215

d. Executive Order No. 70 dated 28 May 1967

e. Presidential General Order No 7-B, dated 17 January 1973

f. Presidential General Order No. 7-C, dated 21 February 1973

g. Sections 3 and 6, Rules and Regulations Implementing


Presidential Decree No. 1866, dated 29 June 1983

II. KINDS OF FIREARM LICENSES;

1. Regular License (RL) Issued to a private individual for his


personally-owned firearm, and to security agencies/company guard forces for
firearms for use of their security guards.

2. Long Regular License (LRL) Issued to private firms,


establishments or corporations for firearms to be used by their employees, not to
include security guards.

3. Short Regular Licenses (SRL) For a private employee who was


issued by his employer a firearm covered by LRL.

4. Special Permit (SP) Issued to government officials and employees


for privately-owned firearms.

5. Long Certificate of Registration (LCR) Issued to government


agencies or offices and government-owned or controlled corporations for
firearms to be used by their officials and employees, not to include security
guards.

6. Short Certificate of Registration (SCR) For a government official


or employee who was issued by his employer a firearm covered by LCR.

III. NUMBER AND TYPE OF FIREARMS THAT MAY BE POSSESSED;

1. Each individual may hold under license a maximum of only one (1)
low-powered rifle caliber .22 or shotgun not heavier than 12-gauge and one (1)
pistol or revolver, not higher than caliber .38 except caliber .22 centerfire
magnum and those which may later be classified by the Chief Philippine National
Police (C,PNP) as high-powered regardless of the type, make or caliber.

2. Officers and enlisted personnel in the active service and in the


retired list of the Armed Forces of the Philippines (AFP) may hold under license a
maximum of only one (1) low-powered rifle caliber .22 or shotgun not heavier
than 12-gauge and one (1) sidearm of any type or caliber.

32
3. Commissioned officers in good standing of the Reserve Force of the
AFP who are on inactive status may hold under license a maximum of only one
(1) low-powered rifle caliber .22 or shotgun not heavier than 12-gauge abd one
(1) sidearm not heavier than caliber .45 except caliber .357 and caliber .22
centerfire magnum and those which may later be classified by the C,PNP as high-
powered regardless of the type, make and caliber.

IV. SOURCE OF FIREARMS;

1. Firearms may be procured/purchased from the following sources;

a. Licensed firearm holders through transfer or sale.

b. Licensed firearm dealers through purchase.

c. Importation/purchase abroad.

2. If the firearm was acquired through transfer or sale from a duly


licensed holder, the firearm should be delivered by the transferor/vendor to the
transferee/buyer only after the latter has secured the corresponding license.

3. The importation or purchase of firearms and ammunition abroad by


individuals has been suspended by order of the President.

4. The value of importation or purchase of firearms and ammunition


abroad by licensed firearm dealers for a one (1) year period shall not exceed the
amount of foreign exchange used in the importation of the same articles during
the year 1990.

V. REQUIREMENTS FOR LICENSING;

All firearm applicants, except private firms/establishments or corporations


and government-owned or controlled corporations, shall submit Neuro-
Psychiatric clearances from the PNP, any government hospital, or government-
accredited psychiatrist. In addition, the following requirements shall be
submitted;

1. For Regular License (RL)

a. PNP Form No. 2

b. Information Sheet

c. Application for Firearm License

d. Affidavit of Non-Pending Case

e. Clearance from the Station Commander PNP and the


City/Municipal Court, and certificate of good conduct from the Mayor of the
City/Municipality where he resides.

33
f. Clearance from the Intelligence Division PNP (Formerly C-2).

g. For licensed security agencies/company guard forces, only a


and c above will be accomplished before submission of application to SOSIA PNP
for completion of SOSIA requirements and processing of application.

h. Deed of Sale or Affidavit of Transfer, if the firearm will be


acquires from a duly licensed holder.

i. If a

(1) Businessman - Balance Sheet and Profit and Loss


Statement duly certified by a CPA or certificate from the City/Municipal
Treasurer showing gross sales fro at least one (1) quarter. If the sidearm
applied for is from caliber .25 to caliber .38 the capital investment should
not be less than P150,000.00 with gross receipt of not less that
P45,000.00 per quarter; P60,000.00 capital investment and P18,000.00
quarterly sale for pistol or revolver caliber .22 and P30,000.00 invested
capital and P9,000.00 quarterly sale for caliber .22 rifle or shotgun not
heavier that 12 gauge.

(2) Proprietor, Administrator or Lessee - Treasurers


Certificate showing the assessed value of the agricultural land not less
than P90,000.00 for sidearm for caliber .25 up to caliber .38; P30,000.00
assessed value of agricultural land for pistol or revolver caliber .22; and
P3,000.00 assessed value of agricultural land for caliber .22 rifle or
shotgun not heavier than 12 gauge.

If an administrator or lessee, the applicant shall, in addition


to the Treasurers Certificate mentioned above, append to the application
the Power of Administration or Contract of Lease.

(3) Professional - Xerox copy of his Privilege Tax Receipt


(PTR) for the current year.

(4) Official/Employee of Private Firm, Establishment or


Corporation - Certificate from the Employer, duly notarized,
showing the position of the applicant and his monthly salary of at least
P6,000.00 for sidearm for caliber .25 up to caliber .38; P4,500.00 for
revolver or pistol caliber .22 and P3,000.00 for caliber .22 rifle or shotgun
not heavier that 12 gauge.

In addition, the Balance Sheet and Profit and Loss


Statement of the Employer, as stated in sub-par i(1!) above should also
be submitted to prove the financial capability of the employer.

(5) U.S. Army or Navy Pensioner - Certificate of Notice


from the USVA as to the amount of pension being received which should
not be less than the amount specified in sub-par I (4) above.

34
(6) Retired Government Employee - A copy of his
retirement papers and pension award, irrespective of the amount of the
pension.

(7) Veteran of the AFP or CDO Status - Copy of


Special Order of Separation.

(8) Public or Private School Teacher - Certificate of


Employment from the Principal Teacher, duly notarized, irrespective of the
monthly salary.

2. FOR LONG REGULAR LICENSE (LRL)

a) The same requirements as specified in sub-paras. 1a, b, c and h


above. However, the forms should be accomplished in the name of the private
firm, establishment or corporation.

b) Balance Sheet and Profit and Loss Statement of the private firm,
establishment or corporation certified by a CPA or certified from the
City/Municipal Treasurer showing the capital investment and gross sales fro at
least one (1) quarter. The capital investment and gross sales should be in
accordance with the amounts specified in par i(1) above.

c) Cover letter or certificate from the owner/manager of the private


firm establishment or corporation stating the name and designation of the
official/employee who will use the firearm (excluding security guards).

3. FOR SHORT REGULAR LICENSE (SRL)

a) The above requirements as specified in pars. 1a, b, c, d, e and f


above.

b) Certificate from the Owner/Manager of the private firm.


Establishment or corporation that the application is the user of the firearm
applied for which is covered by LRL (excluding security guards).

c) Xerox copy of the LRL issued to the private firm, establishment or


corporation.

4. FOR SPECIAL PERMIT (SP)

Senators/Congressman

a) PNP Form No. 3 - TO be signed/recommended by the


Secretary of Senate/House of representatives

b) Information Sheet.

c) Application for firearm license.

35
d) Affidavit of Non-Pending Case.

e) Deed of Sale or Affidavit of Transfer, if the firearms will be acquired


through transfer from a duly licensed holder.

Officials/Employees of the Senate/House of Representatives.

a) The same requirements as specified in sub-pars. above for


Senators/Congressmen.

b) Clearance from the Intelligence Division PNP (formerly C-2)

c) Copy of appointment from the Civil Service.

Appointive Officials

a) The same requirements as specified in sub-par for


Senators/Congressmen. However, the PNP Form No. 3 should be
signed/recommended by the Department Secretary/Bureau or Director or Head
of Office with equivalent rank.

b) Clearance from the Intelligence Division PNP (formerly C-2)

c) Copy of appointment from the Civil Service.

Provincial Officials/Employees

a) The same requirements as specified in sub-par fro


Senators/Congressmen. However, PNP Form No. 3 should be signed by the
City/Municipal Mayor.

b) Clearance from the Intelligence Division PNP (formerly C-2)

c) Copy of appointment from the Civil Service or Oath of Office, in


case of elective officials.

PNP/Military Personnel in the Active Service

a) PC Form No. 3 - To be signed/recommended by


immediate CO.
b) Information Sheet.

c) Application fro Firearm License

36
d) Affidavit of Non-Pending Case

e) Deed of Sale or Affidavit of Transfer, if the firearm will be acquire


from a duly licensed holder.

Retired PNP/Military Personnel

a) The same requirements as specified in sub-par above for


PNP/Military Personnel in the Active Service. However, PNP Form No. 3 should be
signed by the applicant himself.

b) Copy of Special Order of Retirement

c) If retired for three years or more, clearance from the Intelligence


Division PNP (formerly C-2)

Reserve Officers on Inactive Status

a) The same requirements as specified in sub-par for PNP/Military


Personnel in the active service. However, PNP Form No. 3 should be signed by
the applicant himself.

b) Copy of General Order of Commission

c) Clearance from the Intelligence Division PNP (formerly C-2)

5. FOR GOVERNMENT AGENCIES OR OFFICES AND GOVERNMENT-


OWNED OR CONTROLLED CORPORATIONS APPLYING FOR LCR

a) PC From No. 3 - To be signed by the Department


Secretary/Bureau Director or Head of Office with equivalent rank.

b) Application for Firearms License

c) Approved Requisition and Issue Voucher (RIV)

d) Deed of Sale or Affidavit of Transfer, if the firearm will be acquired


from a duly licensed holder.

e) Cover letter or certificate from the Department of Secretary/Bureau


Director or Head of Office with equivalent rank stating the name and designation
of the official/employee who will use the firearm (excluding government
security/guards).

6. FOR GOVERNMENT OFFICIALS/EMPLOYEES APPLYING FOR SCR

a) PC From No. 3 - To be signed by the Department


Secretary/Bureau Director or Head of Office with equivalent rank.

37
b) Information Sheet

c) Application for Firearm License

d) Affidavit of Non-Pending Case

e) Clearance from the Intelligence Division PNP (formerly C-2)

f. Copy of Appointment from the Civil Service or Oath of Office, in


case of elective officials.

VI. FILING OF APPLICATION

1. REGULAR LICENSE (RL), LONG REGULAR LICENSE (LRL)


AND REGULAR LICENSE (SRL)

a) For residents of Metro Manila, the applicants shall be submitted


direct to the Firearms and Explosives Office (FEO) PNP, Camp Crame, Quezon
City.

b) For provincial residents, the application shall be coursed through


Provincial/Metrodiscom Director PNP concerned for comment and
recommendation.

2. SPECIAL PERMIT (SP)

a) Applications of national officials, officials/employees of Metro


Manila, active/reserved PNP/military personnel, and reserve officers on inactive
status shall be filed direct to FEO PNP.

b) For provincial/municipal officials/employees, application shall be


submitted through the respective Provincial/Metrodiscom Director PNP for
comment and recommendation.

3. LONG CERTIFICATE OF REGISTRATION (LCR) AND SHORT


CERTIFICATE OF REGISTRATION (SCR)

a) For offices in Metro Manila, the application shall be submitted direct


to FEO PNP.

b) For offices in the provinces, the application shall be submitted


through the Provincial/Metrodiscom Director PNP concerned fro comment and
recommendation.

VII. BALLISTIC TEST AND STENCIL

38
1. Each firearm shall be test-fired for ballistics, and the make, caliber
and serial number shall be stenciled fro record purposes.

2. For applicants in Metro Manila, the firearms shall be test-fired and


stenciled by FEO PNP. The Ballistic Test Report and Stencil Form shall be
appended to the application before processing.

3. In the provinces, the test-firing and stenciling shall be made in the


Office of the Provincial/Metrodiscom Director PNP concerned. The Ballistic Test
Report and Stencil Form shall be appended to the application before same is
forwarded to FEO PNP.

VIII. PROCESSING OF APPLICATION

1. All applications possess firearms shall be processed by FEO PNP in


accordance with existing laws, policies and regulations. After approval, the
Temporary License to Possess Firearm, good for one hundred twenty (120) days,
shall be issued by C, FEO PNP for C, PNP, pending issuance of the computerized
license.

2. In the case of Regular License (RL), Long Regular License (LRL),


and short Regular License (SRL), the firearm bond in the amount of one hundred
pesos (100.00) per firearm, either from a surety company or from the Philippine
National Bank shall be posted by the applicant before the Temporary License to
Possess Firearm is issued.

3. Subsequently, the computerized license which is good for a period


of two (2) years shall be issued, renewable at the birth month of the licensee.
The license shall be renewed only upon submission by the licensee of the
following documents:

a) Clearance from the Intelligence Division PNP (formerly C-2)

b) Neuro-psychiatric clearance from the PNP, any government


hospital or any government-accredited psychiatrist.

IX. LICENSE FEES:

1. The Temporary License to Possess Firearms shall be released by


FEO PNP only after the licensee has paid the annual license fees prescribed in
Executive Order No. 58, dated 7 November 1988, as follows:

a) Rifle caliber .22 P100.00


b) Shotgun (all gauges) 120.00
c) Pist./Rev. Caliber .22 (ord) 150.00
d) Pist./Rev. Caliber .25, .32, .38
.380, 9mm, 7.56, 6.35 and
Magnum .22 rimfire 180.00

e. Pist./Rev. Caliber .45, Magnum .22

39
centerfire, .357, .41 and .44 200.00
f. HP Rifles 240.00

2. Since the computerized license is good for two (2) years, twice the
specified above shall be paid for each firearm.

3. In the case of SRL and SCR, the licensee need not pay the license
fees, provided that the copy of the Official Receipt of payment of the license fees
made by the holder of the LRL and LCR are attached to the application, and
provided further that the license fees paid by the letter cover the same period of
validity of the SRL and SCR.

X. PERMIT TO CARRY FIREARM OUTSIDE OF RESIDENCE:

1. Pursuant to Section 3 of the Rules and Regulations Implementing


Presidential Decree No. 1866 dated 29 June 1983, persons who are lawful
holders of firearms are prohibited from carrying their firearms outside of
residence. However, the Chief of Constabulary (now C, PNP) may, upon
meritorious cases determined by him and under such conditions as he may
impose, authorize such person or persons to carry firearm outside of residence.

2. Only person who are under actual threat or whose lives are in
imminent danger due to the nature of their position, occupation or calling, may
be issued Permit to Carry Firearms Outside of Residence (PTCFOR). Among other
things, the following shall be submitted by the applicant before the PTCFOR is
issued.

a) Clearance from the Intelligence Division PNP (formerly C-2)

b) Neuro-psychiatric clearance from the PNP, government


hospital or any government-accredited psychiatrist.

3. The PTCFOR shall be valid nationwide and for a period of one (1)
year from date of issue unless sooner revoked, renewable upon formal request
by the permitee and submission of a new clearance from the Intelligence Division
PNP (formerly C-2)

4) PTCFOR shall be issued only by the Chief, PNP or by C, FEO, and


the following procedures/control measures shall be followed in the issuance of
PTCFOR:

a. A permanent record book shall be maintained of all PTCFOR


issued showing the following:

PTCFOR Number
Date of Issue
Expiry Date
To whom issued
Address/Residence
Occupation

40
Description of Firearm (Kind, Make, Caliber and Serial Num)

b. A copy of every PTCFOR issued shall be retained for file and


future reference.

5) Limitations and Restrictions;

a) Those authorized to carry firearms shall not bring said


firearms inside public drinking places, cabarets, public dance halls and public
amusement places, or while attending civic, political and religious rallies and
meetings.

b) Carrying of long firearms is prohibited in Metro Manila,


chartered cities, provincial capitals and other thickly populated areas or in fiestas
or other large gatherings except when called for in the performance of duty or
accomplishment or mission.

XI. REVOCATION/TERMINATION OF LICENSE:

1. A firearm license shall be revoked under any of the following


causes:

a. Loss of firearm through negligence

b. Carrying of firearm outside of residence without the appropriate


permit to carry issued by C, PNP or his authorized representative.

c. Carrying of firearms in prohibited places.

d. Conviction by a competent court of a crime involving moral


turpitude for any offense where the penalty carries an imprisonment of more
than six (6) months or a fine of at least P1,000.00.

e. Unauthorized loan of firearm to another person.

f. Dismissal for cause from the service, in the case of government


officials/employees.

g. Commission of crime where the firearm is involved.

2. Upon revocation of the license or termination thereof for any cause,


all firearms and ammunition in the possession of the license covered by such
license shall be surrendered to FEO PNP, in case of Metro Manila residents. In
the provinces, the firearms and ammunition shall be surrendered to the
Provincial/Metrodiscom Director concerned who shall forward the same to FED
PNP for proper disposition.

3. Upon the death or legal disability of the holder of a firearm, it shall


be the duty of the nearest relative, legal representative or any person who shall
knowingly come into possession of such firearm or ammunition, forthwith to

41
deliver the same to the Provincial/Metrodiscom Director PNP in the province or to
C, FED PNP in Metro Manila, and such firearm and ammunition shall be retained
pending issuance of a license therefore in accordance with law.

4. In case of the loss of a firearm held under Special Permit (SP),


Certificate of Registration (CR) or Short Certificate of Registration (SCR), it shall
be the duty of the Department Secretary/Bureau Director or Head of Office with
equivalent rank to immediately notify the C, PNP thereof. It shall be his duty to
require any holder of firearm under SP, CR or SCR in his Department/Bureau or
Office to surrender or otherwise account for the firearm before the holder
thereof resigns, retires, or otherwise severs his connection with the government.

5. For holders of firearms under Short Regular License (SRL), it shall


be the duty of the employer (holder of LRL) to immediately notify the C, PNP
when the firearm holder resigns, retires or otherwise severs his connection with
the private firm, establishment or corporation, and to immediately recall the
firearm covered by the SRL.

XII. RESCISSION. All procedure and policies not in conformity with this
SOP are hereby rescinded.

XIII. EFFECTIVITY. This SOP shall take effect immediately.

BY COMMAND OF DIRECTOR GENERAL NAZARENO

HONESTO P. BUMANGLAG
Chief Superintendent
Director for Operations

Interestingly enough, the foregoing Standing Operating Procedure Nr. 13


of 1991 was preceded by Standing Operating Procedure Nr. 7 of 12 December
1984 by Command of then Lieutenant General Ramos through Col. Julian M
Maala, Constabulary Adjutant & Acting Director for Admin. Affairs, NP. SOP Nr. 7
prescribed the procedure then to be followed in the filing of applications and
issuances of Special Permit to Possess Firearms and Ammunition by all elective
or appointive government officials and employees, whether national, provincial,
city or municipal, including Barangay Captain, active or retired military personnel
of the AFP, and reserve officers of the AFP on inactive status.

The procedures, limitations, restrictions, etc. under this SOP Nr. 7 were
substantially reproduced in SOP Nr. 13. Thus, for example, any government
official or employee, such as barangay captain, may hold under license a
maximum of only one (1) low-powered rifle caliber .22 or shotgun not heavier
than 12 gauge, and one (1) pistol or revolver, not higher than caliber .38, except
caliber .357 and caliber .22 centerfire magnum.

42
h. PNP Form V4 (Application for Firearm License in triplicate
copies duly notarized with 3 copies of picture 2x2 colored and Residence
Certificate Number.

i. Income Tax Return for all kinds of firearms duly


authenticated by the Bureau of Internal Revenue representatives.

j. Long envelope for the application.

FOR BUSINESSMAN

a) PNP Form 2 (Application for Regular License)

b) Financial Statement and Income Tax Return duly authenticated by


the Bureau of Internal Revenue (if Xerox copy is attached, it should be
authenticated by the representative of the Bureau of Internal Revenue).

c) Affidavit of Non-Pending Case duly notarized.

d) Information Sheet with 1x1 ID picture duly notarized.

e) Surety bond of the firearm.

f) Source of firearm (if purchase, PPFA from the firearm dealer duly
signed by the representative of the Gun Store. If transfer, Affidavit of Transfer
duly notarized together with the license copy of the Transferor).

g) Original Clearances from the Municipal Mayor, Justice of the


Peace/Court Clearances and Chief of Police.

h) PNP Form V4 (Application for Firearm License in triplicate copies


duly notarized with 3 copies of picture 2 x 2 colored and Residence Certificate
Number.

i) For Foreign Sounding Name (Chinese Family Name), Birth


Certificate/Naturalization with the Local Civil Registrar/Voter Identification Card.

j) Long envelope for the application.

OVERSEER

a) Accomplished Nos. letter a to j for Sidearm and Long Arm.

b) Special Power of Attorney from the Landowner.

BARRIO CAPTAINS & GOVERNMENT OFFICIALS

43
a) PNP Form 3 (Application for Special Permit) to be indorsed by the
Mayor.

b) Copy of Oath of Office (if Xerox copy it should be authenticated by


the Mayor).

c) Affidavit of Non-Pending Case and Information Sheet duly notarized


with ID picture and thumbmark.

d) Application for Firearm License (in triplicate copies with 3 copies of


picture 2 x 2 and Residence Certificate).

e) Long Folder for the application.

EMPLOYEES OF PRIVATE FIRMS OR ESTABLISHMENTS

a) Accomplished a, b, c, e, f, g, h, j.

b) Certificate of Employer stating position and monthly salary duly


notarized.

c) Income Tax Return duly authenticated by the Bureau of Internal


Revenue Representative (if xerox copy it should be authenticated by BIR
representative)

GOVERNMENT OFFICALS

a) Accomplished PC Form 3 to be recommended by either the


Department Heads or the Bureau Directors.

b) Affidavit of Non-Pending Case and Information Sheet duly notarized


with 1 copy ID picture and thumbmark/Residence Certificate.

c) Copy of Appointment duly authenticated by the Office he/she is


employed with.

d) Application for Firearm License in triplicate copies with 2 copies 2 x


2 picture and Residence Certificate duly notarized.

e) Income Tax Return duly authenticated by the representative of the


Bureau of Internal Revenue.

f) Long Folder for the application.

AFP & PNP PERSONNEL (ACTIVE SERVICE)

a) Accomplished PNP Form 3 to be recommend FED by their


respective Commanding Officer.

44
b) Affidavit of Non-Pending Case duly notarized.

c) Information Sheet with 1 ID picture and Residence Certificate duly


notarized.

d) Latest Re-enlistment Order/Latest RCE Order/Absorption Order duly


authenticated by the Adjutant.

e) Source of Firearm

f) Long envelope for the application

RETIRED AFP & PNP PERSONNEL

a) Accomplished a, b, c, e and j

b) Retirement Order to be authenticated by the Adjutant of their


respective assignments.

c) Non-compliance of the abovementioned requirements may result in


the denial or non-approval of said application.

d) For guidance and strict compliance.

JAIME L. LASAR
P/Senior Superintendent
Chief, FEO

CHAPTER III
OTHER RELEVANT AND INTERESTING
RULES ON FIREARMS

45
Hereunder are some of the more important other rules and regulations on
firearms and ammunition. For the present of prospective firearm holder, it should
be best to be familiar with these other rules in order to avoid serious
entanglements with the law on firearms and ammunition.

ANNEX H
CIRCULAR NUMBER 2
11 September 1990

(Annual Verification of Firearms)

RULES AND REGULATIONS IMPLEMENTING SECTION 897


OF THE REVISED ADMINISTRATIVE CODE RELATIVE TO
THE ANNUAL VERIFICATION OF FIREARMS

Pursuant to Section 897 of the Revised Administrative Code and


paragraph 2 (b) of Presidential National Emergency Memorandum Order No. 6
dated 4 January 1990, the following rules and regulations governing the annual
verification of firearm are hereby promulgated;

1) Scope - These rules and regulations shall apply to firearms


licensed by this Headquarters only.

2) Purpose of annual verification of firearms-

a. To determine the actual existence of the firearms


b. To find out if the licensee is still qualified to possess the
firearm.
c. To find out if the firearm holder is up-to-date in the payment
of his firearm license fees.

3) When and where firearms shall be verified-

a) Firearms of licensees residing in Metro Manila shall be


verified by any of the following officers or their authorized
representatives;

1) Commanding Officer, Firearms and Explosives Unit,


HPC
2) Sector Commanders, CAPCOM
3) Police District Superintendents
4) Station Commanders, INP

b) Those held by licensees in cities and municipalities without


METRODISCOM shall be verified by the Metrodiscom
Commander or by the Station Commanders, INP concerned
or their authorized representatives.
c) Firearms licensees in cities with METRODISCOM shall be
verified by the Metrodiscom Commander or by the Station
Commanders, INP or their authorized representatives.

46
d) To avoid crowding during verification time, the annual
verification of firearms shall be made during the birth month
of the licensee. Firearms holders are duty bound to present
their firearms during their birth month for annual
verification. The firearm license shall serve as the authority
to carry the firearm from residence to the officers mentioned
above, and return after verification.

4. Documents required during verification

Aside from the firearm, the documents listed hereunder shall be presented
by the licensee during the firearm verification:

By holders of Firearms Under Regular License (RL)

a) Original Firearm license


b) Official receipt of the payment of the latest firearm fee
c) Proof of qualification to possess the firearm as proprietor,
businessman, professional, employee, etc.

By Private Firms Holding Firearms Under Long Regular License (LRL)

a) Original firearm license


b) Official receipt of payment of the latest license fee
c) Copy of latest Financial Statement (Balance Sheet and Profit & Loss
Statement)

By Employees of Private Firms Holding Firearms Under Short Regular


License (SRL)

a) Original firearm license


b) Certificate from the employer (holder of LRL) stating position and
monthly salary of the licensee duly notarized

By Holders of Firearms Under Special Permit (SP)

a) Original firearm license


b) Official receipt of payment of the latest license fee
c) Proof of qualification to possess the firearm, such as copy of
appointment/certificate of employment (if a government
employee), General Order of Commission (if a Reserve Officer
inactive), Special Order of Retirement (if retired military personnel),
etc.

By Government Entity/Unit Holding Firearms Under Long Certificate of


Registration (LCR)

a) Original firearm license


b) Official receipt of payment of the latest license fee
By Government Employees Holding Firearms Under Short Certificate of
Registration (SCR)

a. Original firearm license

47
b. Official receipt of payment of the latest licensee fee (if firearm is
not covered by LCR)
c. Copy of appointment/certificate of employment

5. Procedure in the verification of firearm

a. Upon presentation of the firearm, the verifying officer shall inspect


the same to determine whether the description appearing in the
license tallies with the actual description of the firearm.

b. Thereafter, the licensee will be required to present the


corresponding documents specified in preceding para 4.

c. After the firearm has been verified and the licensee is found to be
still qualified to possess the firearm, and the corresponding licensee
fees had been paid, the verifying officer shall stamp at the back of
the license the following:
Firearm/s verified (indicate the date)

Verifying Officer (Signature over printed name)

d. discrepancies noted by the verifying officer shall be treated in the


following manner;

1) If the kind, make, caliber and serial number of the firearm


presented do not tally with the description appearing in the
license, the firearm shall be taken for deposit together with
the firearm license for proper disposition.

2) If only the kind, or the make, or the caliber, or the serial


number does not tally (which could be due to clerical error),
correction on the firearm license shall be made and the
correction shall be authenticated by the verifying officer.

3) If there is change in residence or address of the licensee or


a change in his qualification such as from proprietor to
businessman, from employee to professional, etc.,
corresponding alteration shall be made on the license and
the alteration shall be authenticated by the verifying officer.

4) If the licensee is found no longer qualified to possess the


firearm, the same shall be taken for deposit together with
the license for cancellation. The firearm shall be receipted in
the presence of the registered owner, spouse or relative and
the complete description of the firearm shall be indicated.

6. Firearms of Government Agencies/Units

a. In order to minimize the transport of firearms in large quantities for


verification, licensed firearms of government agencies/units in
Metro Manila shall be verified in the respective offices by

48
representatives of the Sector Commander, CAPCOM, Police District
Superintendent, or Station Commander concerned.

b. In provinces and cities where government agencies/units have


licensed firearms, the Provincial Commander/Metrodiscom
Commander shall, likewise, direct the verification of firearms in the
offices concerned.

c. The procedure in the verification of firearm as provided in para E


above shall be followed.

7. Disposition of Confiscated Firearms

Firearms taken for deposit in the provinces as a result of the annual


verification of firearm shall be turned over to FEU, HPC for proper
disposition within one (1) month from the date the firearm were taken for
deposit.

8. Failure to present firearms for verification

Failure of a firearm licensee to present his firearm for annual


verification during his birthmonth shall be considered a breach of the
condition for issuance of the license and shall be deemed sufficient ground
for cancellation of the firearm license and confiscation of the firearm.

9. Records and Reports

a. The result of the firearm verification in FEU and in Provincial


Metrodiscom Commands shall be recorded in the corresponding
Masterlist of Firearm holders indicating therein the date of
verification and corrections or alterations on the license, if any.

b. At the end of every month, Provincial/Metrodiscom Commanders


shall submit to the Chief of Constabulary (Attn: FEU) a monthly
report of firearms verified using the prescribed form.

10. Effectivity - This circular shall take effect on 1 January 1991.

BY COMMAND OF MAJOR GENERAL NAZARENO

GERARDO N FLORES
Brigadier-General, AFP
Chief of Staff

OFFICIAL:
(SGD) MANUEL R SUAREZ
Colonel, PC (GSC)
Constabulary Adjutant/
Director, Administrative Affairs, INP
On May 21, 1990, Major-General Cesar Nazareno, then PC Chief, issued
the following Letter Directive regarding rules on the carrying of firearms outside
of residence and on the issuances of MRs and MOs which we reproduce below;

49
ANNEX I

21 May 1990

SUBJECT: LETTER DIRECTIVE RE RULES ON CARRYING OF FIREARMS


OUTSIDE OF RESIDENCE AND ISSUANCES OF MRs AND MOs.

1. From 1978 to 1988, eight Letter Directives issued by this


Headquarters expressly instructed all PC/INP unit commanders to desist from
issuing Memorandum Receipts (MR) of firearms owned by the civilians and to
refrain from issuing Mission Orders (MO) to civilians under the pretext that these
civilians are intelligence agents. These directives, each reiterating previous
guidelines were issued to correct reported abuses and malpractices in this
regard.

2. Likewise, the General Headquarters of the AFP, issued LOI Higpit


Bakal in 1987, which capped four previous letter directives on the same subject.

3. Despite all these directives and LOIs complaints persist relative to


abuses and malpractices involving firearms issued to civilians under spurious and
invalid MRs and MOs.

4. It is further disheartening to note that included among the violators


are PC/INP Senior and General Officers holding otherwise very important
positions and tasked, ironically, with the implementation of LOIs and Directives.
The pernicious acts of these officers have resulted in undue embarrassment and
loss of public trust not to mention the undermining of our current operational
thrusts.

5. The unabated receipt by this Headquarters of reports on such cases


therefore necessitates the reiteration of requiring strict compliance to above-
cited LOIs and Letter Directives as well as enunciate command policies, to wit;

a. This Headquarters has decentralized the issuances of


Permits to Carry Firearms Outside of residence by delegating authority to all
Regional Commanders/Directors.

b. Mayors may legally possess a firearm if they obtain a


Memorandum Receipt from their municipal treasurers and a regular Permit to
Carry Firearms Outside Residence from the PC/INP Regional Commander, PC/INP
unit commanders must not issue Memorandum Receipts to cover personally
owned firearms.
(underscoring supplied)

c. All cases of violation of these directives shall be reported


immediately to higher authorities whereupon the offenders shall be made to face
the Efficiency and Separation Board (in case of Officers) and/or be dealt other
administrative sanctions.

6. All PC/INP unit commanders are hereby directed to review all letter
directives concerning this matter and conduct intensive information campaigns in

50
order that these directives will be widely disseminated and clearly understood by
all PC/INP personnel.

7. For strict compliance.

(SGD) CESAR P NAZARENO


Major General AFP
Chief of Constabulary/DG, INP

ANNEX J

51
GUIDELINES IN THE ISSUANCE OF
PERMIT TO CARRY FIREARMS OUTSIDE OF RESIDENCE

1. References:

a. Rules and Regulations Implementing Presidential Decree No.


1866 dated 29 June 1983.

b PNP Letter Directive dated 04 November 1991, subject:


Guidelines in the Implementation of the Ban on the Carrying of Firearms
Outside of Residence.

c. GHQ PNP LOI 02/92 (MABOLO/BRAVO) dated 21 January


1992.

2. Section 3 of the Rules and Regulations Implementing Presidential


Decree No. 1866 dated 29 June 1983 as Follows;

a. As a rule, persons who are lawful holders of firearms


(regular license, special permit, certificate of registration or M/R) are prohibited
from carrying their firearms outside of residence.

b. However, the Chief of Constabulary may, in meritorious


cases as determined by him and under conditions as he may impose, authorize
such person or persons to carry firearms outside of residence.

3. Pursuant to these provisions, this Headquarters will issue Permit to


Carry Firearms Outside of Residence (PTCFOR) to lawful firearms holders who
are under actual threat or whose lives are in imminent danger due to the nature
of their position, occupation or calling in accordance with these guidelines.

4. Persons Qualified for issuance of PTCFOR;

a. Those who are under actual threat, such as;

1. Victims and immediate members of the family of


kidnap for ransom victims as published in newspaper
of general circulation or supported with authentic
police reports.

2. Victims and immediate members of the family of


robbery victims involving at least one (1) million
pesos or when the robbery is accompanied with
homicide as published in newspaper of general
circulation or supported with authentic police reports.

3. Those included in the Wanted List or those who have


received demands for contribution or written threats
from the NPAs or other subversive organizations and
certified by DI.

52
4. Those who have been actually threatened or whose
immediate members of the family were actually
threatened by lawless elements as supported with
authentic police reports.

5. Victims and immediate members of the family of


victims of violent attack or assault as published in
newspapers of general circulation or supported with
authentic police reports.

b. Those who lives are in imminent danger due to the nature of


their position, occupation or calling, such as;

Government Officials/Employees

1) Senators and Congressmen


2) Cabinet Members
3) Department Secretaries
4) Bureau Directors or Heads of Offices with Equivalent Rank
5) Justices of the Supreme Court and Court of Appeals
6) Ombudsman
7) Justices of the Sandiganbayan
8) Elected Provincial Government Officials
9) Judges of the Regional Trial Court and of City/Municipal
Courts and Government Prosecutors handling Sensational or
Sensitive Cases.
10) Elected Municipal Government Officals
11) Provincial/Municipal Treasurers and Government Disbursing
Officers
12) Barangay Captain
Private Individuals

1) Security Directors/Managers/Officers/Supervisors/
Consultants of reputable firms
2) Physicians
3) Lawyers handling sensational or sensitive cases
4) Private employee who paid Income Tax of at least
P10,000.00 for the previous year as supported by Income
Tax Return and receipt of payment of the Income Tax
5) Businessmen who paid Income Tax of at least P20,000.00
for the previous year as supported by Income Tax Return
and receipt of payment of the Income Tax
6) Proprietors/Administrators/Overseers of agricultural lands
with assessed value of not less than P500,000.00 as
supported by Real Estate Tax Declaration or Receipt of
Payment of the realty tax and Income Tax of at least
P10,000.00.

5. Requirements for Issuance of PTCFOR:

53
a) Written request by the applicant addressed to C, PNP stating his
qualification to possess firearm and the reasons why he needs to carry firearm
outside of residence.

b) Xerox copy of his firearm license.

c) Proofs/documents to show that he is under actual threat/his life is


in imminent danger.

d) Clearance from the Directorate for Intelligence PNP (formerly C-2),


R-2 clearance for provincial residents will suffice.

e) Two (2) ID pictures (1 x 1) taken not earlier than one (1) year
from date of filing of application.

6. Filing of Application and Issuance of PTCFOR

a) In the provinces, the application shall be submitted to the


Provincial/Metrodiscom Director PNP for comment and recommendation before
they are forwarded to the Regional Director. If approved by Regional Director,
the application shall be forwarded to C, PNP (Attn: FED). For Metro Manila
residents, the application shall be submitted direct to FED.

b) The application shall be processed in FEO in accordance with


existing regulations and forwarded to C, PNP for approval/disapproval.

c) If approved, C, PNP will issue PTCFOR which shall be valid up to


the expiry date of the firearm license

7. PTCFOR shall be issued by C, PNP only. The following procedures


shall be followed in the issuance of PTCFOR;

a) FEO shall maintain a permanent record book of all PTCFOR issued


showing:

PTCFOR Number
Date of Issue
Expiry Date
To whom issued
Address/Residence
Occupation/Qualification
Description of Firearms

b) The PTCFOR shall be distributed as follows:

1) Original - for permitee


2) Duplicate - for FEO file

54
(In case of provincial residents, a third copy shall be furnished by FEO to
the Provincial/Metrodiscom Director concerned)

8. Renewal of PTCFOR

a) Expired PTCFOR (starting from those issued by immediate past PNP


Chief, Director General Raul S. Imperial) may be renewed application by the
permitee. The application shall estate, among other things, why he still needs to
carry his firearm outside of residence. The following shall be enclosed with the
application;

1) The expired PTCFOR


2) Xerox copy of his current firearm license
3) Two (2) ID pictures (1 x 1) taken not earlier than one (1)
year from the date of the filing of the application.

b) In Metro Manila, the application for renewal shall be addressed to


Chief, FEO who, after processing and finding the application meritorious, shall
issue renewal of the PTCFOR which shall be valid up to the expiry date of the
firearm license.

c) For the convenience of provincial residents, Regional Directors PNP


are authorized to renew expired PTCFOR, in accordance with sub-para (a) above,
to firearms holders within their jurisdiction. In this case, the application shall be
addressed and submitted to the Regional Director, PNP, through the
Provincial/Metrodiscom Director concerned for comment and recommendation.

d) C, FEO shall furnish all Regional Directors PNP the list of firearms
licensees in the latters jurisdiction who had been issued PTCFOR by C, PNP
indicating therein the expiration date of each PTCFOR. Only those included in the
list shall be issued renewal of PTCFOR by the Regional Director PNP concerned.

e) At the end of each month, the Regional Director PNP shall submit
to C, PNP (Attn: C, FEO) the report of PTCFOR renewed during the month
enclosing therein a copy of each PTCFOR renewed.

f) Despite para (c) above, provincial residents may also be allowed to


file their application for renewal of PTCFOR with C, FEO, but he application
should be filed in accordance with the provisions of para 6 (a) herein.

g) The procedures in the issuance of PTCFOR specified in para 7


above shall be followed.

9. The authority or the manner of carrying firearms by authorized


officials/officers of the DND, AFP, PNP, NBI and NICA; and by the
Police Force/Security Force of the Bureau of Customs, Philippine Ports
Authority, Export Processing Zones and Airports and by guards of the
Bureau of Prisons and Provincial/City Jails to include guards of security
agencies and public or private corporations which are specified in PNP
Letter Directive dated 4 November 1991 subject; Guidelines in the

55
Implementation of the Ban on the Carrying of Firearms Outside of
Residence shall be strictly complied with.

10. Limitations and Restrictions on the Carrying of Firearms;

a) Those authorized to carry firearms shall not bring their firearms


inside public drinking places, cabarets, public dance halls and public amusement
places, or while attending civic, political and religious rallies and meetings.

b) Carrying of long firearms is prohibited in Metro Manila, chartered


cities, provincial capitals and other thickly populated places or in fiestas or other
large gatherings except when called for in the performance of duty or
accomplishment of mission.

11. To ensure compliance with the rules and regulations on the


carrying of firearms outside of residence and to minimize the unlawful
toting of firearms, operating units of the PNP to include
Provincial/Metrodiscom PNP Commands are hereby authorized to set
up checkpoints at strategic places within their jurisdiction as the need
arises. In such cases, however, utmost care and prudence should be
exercised to prevent the infringement on the Civil rights of an
individual.

12. Rescission Clause - All rules and regulations not in


conformity with this Letter Directive are hereby rescinded.

13. This Letter Directive shall take effect immediately.

(SGD) UMBERTO A. RODRIGUEZ


Police Deputy Director General
Chief, PNP

56
When Proclamation No. 1081 was declared placing the entire Philippines
under martial law on September 21, 1972, General Orders and Presidential
Decrees rapidly followed in succession. General Order No. 6, issued the following
day September 22, 1972 reiterated the illegality of possessing and/or carrying of
firearms outside of residence without the requisite license or permit, but with the
added feature of any violator being held in detention indefinitely at the
pleasure of the President. Presidential Decree No. 9, issued on October 2, 1972
prescribed the penalties of reclusion perpetua to death for illegal possession of
firearms.

Consequently, firearm-holding citizens rushed to Camp Crame to


surrender their firearms including those who had valid licenses to possess
their firearms. The gravity of the prescribed penalties, the uncertainty over this
new phenomenon called martial law, the uncertainty over the continuing
validity of their firearm licenses procured before the declaration of martial law
all these conspired to move the citizenry to dutifully troop to the nearest
receiving stations to surrender their firearms. As a result, Camp Crame was
swamped with all sorts of firearms and ammunition.

On April 5, 1990, a Letter Directive was issued to deal with these


deposited firearms and ammunition.

ANNEX K

April 5, 1990

SUBJECT: Disposition of Firearms Deposited Pursuant to Presidential


Proclamation No. 1081

1. References

a. Presidential General Order No. 6 dtd 22 September 1972

b. Presidential General Order No. 7 dtd 23 September 1972

c. Presidential General Order No. 7-B dtd 17 January 1973

d. HPC Letter Directive M-2, dtd 24 September 1972, subject;


Safekeeping and Deposit of Firearms and Ammunition with the
Philippine Constabulary.

e) Executive Order No. 215, dtd 3 December 1965, delegating to the


Chief of Constabulary certain powers concerning the approval or
disapproval of applications for firearms licenses and revocation
thereof.

f) Letter from the Presidential Executive Secretary to the Chief


Constabulary, dtd 21 January 1966 with Executive Order No. 215
dtd 3 December 1965, which empowers the Chief of Constabulary

57
to issue necessary rules and regulations to carry out the delegated
functions.

g) Sections 893, 896 and 899 of the Revised Administrative Code,


regarding revocation of firearms licenses and disposition of
abandoned firearms and ammunition.

2. Pursuant to Presidential Orders Nos. 6,7 and 7-B, 33,663 pieces


of firearms of various types and calibers were deposited with or taken
up for deposit and safekeeping by the Philippine Constabulary. These
firearms are categorized as follows.

a) Unlicensed (loose) firearms

b) License firearms which are deposited erroneously because the


owners though at the time that all firearms had to be deposited.

c) Licensed firearms which were deposited because they were in


excess of the number, or higher than the type of caliber an
individual is entitled to possess.

3. For the guidance of all concerned, these deposited firearms shall


be deposited of in the following manner:

a) Unlicensed (loose) firearms - all of these are considered


forfeited in favor of the government because their surrenderees or
depositors cannot legally claim any of the attributes of ownership.
The possession of these firearms being illegal, the government has
the right and the obligation to confiscate them (R.A. No. 4, P.D.
No. 9 and P.D. 1866)

b) Licensed firearms which were deposited erroneously because the


owners though at the time that all firearms had to be deposited.

1) If covered by renewed license (pursuant to HPC SOP No. 2,


dated 23 July 1973, subject : Renewal of Firearm Licenses),
the renewal of which was made not later than 21 September
1973 and the firearms still in the possession of this
Headquarters or by the PC Unit that took the firearm for
deposit, the firearm shall be returned to the licensee. If the
returned of the same firearm, and the other remedies as
stated by paragraph 4 below are not anymore possible,
then, as a final remedy the licensee shall be paid the book
the value of the firearm at the time of deposit to be
determined by the committee created for the purpose. In
this case, the request for payment shall be forwarded to
FEU, Camp Crame which shall prepare the necessary
Disbursement Voucher, and shall see to it that payment is
finally made to claimant.

2) If not covered by renewed license, the firearm shall be


deemed abandoned and forfeited in favor of the
government.

58
c) Licensed firearms which were deposited because they were in
excess of the number, or higher than the type or caliber an
individual is entitled to possess-

1) If the owner advised or made an inquiry with the Chief of


Constabulary in writing about the disposition of the firearm
within five (5) years from 21 September 1973 (the last day
of the renewal of firearm licenses under HPC SOP Nr 2 dated
23 July 1973), the return of the firearm and other remedies
to be followed shall be in the same manner as stated in sub-
paragraph 3b (1) above.

2) If no advisement was made by the owner within the


aforementioned period, the firearm shall be deemed
abandoned and forfeited in favor of the government.

4. Action on valid claims shall be made in the following order of


priority:

a) If firearm is still in stock, return of the gun so deposited to its


rightful owner.

b) Payment in kind wherein an equivalent firearms (same kind,


model and caliber) on one-to-one basis will be given the claimant,
with his consent. For example, a different Colt caliber .45 pistol will
be returned in exchange for claimants surrendered Colt caliber .45
pistol.

c) Payment in kind by means of the substitute firearms - (same


caliber with different kind or type, or different caliber with the same
kind or type, or different caliber and also different kind or type) be
given to claimant, on one-to-one basis with the consent of the
claimant. For example, a 9mm S & W pistol will be retuned in
exchange for claimants caliber .45 S & W pistol or a S & W caliber
.38 revolver for a S & W 9mm pistol, or S & W caliber .38 revolver
for a Colt .45 pistol.

d) That the number of firearms (with the same or different calibers,


kinds and types) that would approximate the value of claimants
surrendered firearm be given to claimant with his consent. For
example, a caliber .38 revolver and a caliber .22 pistol (or two (2)
shotguns) will be returned in exchange for claimants caliber .45
pistol.

e) Payment in cash (last and final remedy) amount to be paid shall


be based on prevailing market price of the gun at the time of
deposit as determined by the Committee created for the purpose.
Funds to be used shall come from the collections being made by
FEU for firearm licenses and fees.

5. Processing and evaluation of claims shall be undertaken by


the Committee on PD 1081 Firearms to be composed of the
following:

59
CO, FEU Chairman
Committee, TF Bakal 1st Vice-Chairman
Deputy C-6 2nd Vice-Chairman
Representative of C-2 Member
Representative of C-3 Member
Representative of C-4 Member
Representative of COA Member
Representative of CJA Member
Representative of CO, CSFC Member

After evaluation of each claim, the committee shall make the appropriate
recommendation based on paragraph f4 above to CPC or his authorized
representative, who shall have to approve the same before its implementation.

6. To be entitled to any of the favorable actions as stated in


paragraph 4 above, the firearm must be covered by a deposit receipt
duly issued by the Storage Officer, Firearms and Explosives Unit or his
authorized representative for Metro Manila, or by the provincial
Commander/Metrodiscom Commander or his Supply Sergeant in the
provinces. In cases where the firearm taken for deposit was not
properly taken in or turned overto FEU, to RECOMs or
Provincial/Metrodiscom supply systems, then whoever took the
firearm for deposit shall be personally liable for the same, and
therefore shall return the firearm, or make the necessary payment,
without prejudice to the filing of necessary administrative or criminal
charges against him.

7. All claims for the return or payment of firearms deposited


pursuant to Presidential General Orders No. 6, 7 and 7-B shall be made
in writing addressed to the Chief of Constabulary (Attn: CO, FEU). The
following documents shall be appended to the letter-request or letter
of claim;

a. Copy of the Official Receipt of the firearm/s with the


Philippine Constabulary.

b. Copy of the latest license/s of the deposited firearms.

c. ID of the claimant or Barangay Certificate to be issued by


the Barangay Captain in place where claimant resides.

d. Other documents to support his claim.

8. In the provinces, the letter-request to letter of claim shall


be submitted to the Provincial Commander/Metrodiscom Commander
concerned who will forward the same to FEU, HPC together with
documents of turn-over made and the information on the specific dates
when the firearms were delivered or shipped to this Headquarters and
the recipients thereof. In Metro-Manila, the letter-request or letter of
claim shall be submitted direct to FEU.

9. For widest dissemination to all concerned in your


respective areas of operation.

60
BY COMMAND OF BRIGADIER GENERAL NAZARENO:

(SGD) MANUEL R. SUAREZ


Colonel, PC (GSC)
Constabulary Adjutant

61
ANNEX L

LETTER DIRECTIVE ON AFP-OWNED FIREARMS LOANED


TO CIVILIANS

19 May 1984

SUBJECT : AFP-Owned Firearms Loaned to civilians

TO : Chief of Staff, AFP


Camp Emilio Aguinaldo
Quezon City

1. References: PD 1866 dated 29 June 1983 and its implementing


Rules and Regulations dated 28 October 1983.

2. In the last PC/INP Command Conference held at Camp Crame on 7


May 1984 with Commodore Serafio Matillano, Deputy Chief of Staff and Brig.
General Felix Brawner, J3, present, the PC/INP Regional Commanders have
reported that AFP-owned firearms are still being loaned in big quantities to
purely civilian entities/personalities. They doubt whether any AFP unit is
authorized by law to issue and loan their organic firearms to private firms and
persons. Some have also reported that private firms are paying rentals to the
AFP units whop have loaned them firearms.

3. The Implementing Rules and Regulations of PD 1866 which codifies


all the laws on firearms and explosives clarify the following;

a. The importation, manufacture, dealing of, receipt,


acquisition, buying, selling, disposal or possession of any firearm or
explosive requires the necessary permit/license/authority from the
Chief of Constabulary, except that applications for the manufacture
of firearms, ammunition or explosives require the prior approval of
the President before a permit/license is issued (Section 2). It is
understood that AFP-owned firearms are for the use of its organic
personnel and members of the CHDF. When these firearms are
loaned /issued to private firms and persons, the possession of such
firearms are subject to the provisions of the rule and are therefore
criminally liable for any violation, i.e. any civilian apprehended with
an AFP-owned firearm without a permit/license/authority issued by
the Chief of Constabulary can be charged for illegal possession of
firearm before the Civil court.

b. Section 5. Identifies the officials/officers of the MOND/AFP


who are authorized to issue Mission Orders to enable AFP officers,
men and regular civilian agents to carry their firearms in the
performance of their duties. Regular civilian agents are those who
are covered by Permanent or Temporary Civil Service attested
appointments in the plantilla of Civilian employees. Special or
confidential Civilian agents or the like are not regular civilian agents
and are therefore violating the law when they carry firearms
(personal-owned or government-issued) with Mission Orders.

62
c. There are no other laws or AFP regulations authorizing the
loan of AFP-owned firearms to private firms and individuals.

3. In order to minimize the proliferation of high powered firearms


being displayed by private individuals, the sources of which are mostly from AFP
units in the field, it is recommended that:

a. All AFP-loaned firearms to private firms and individuals be


recalled; or

b. AFP unit commanders who have loaned firearms to private


firms and individuals should seek the necessary
permit/authority from the Chief of Constabulary for these
private firms and individuals to possess the firearms.

c. AFP unit commanders and other officers shall abide strictly


with the provisions of SECTION 5 of the Implementing Rules
and Regulations of PD 1866 in the issuance of Mission
Orders.

4. To strictly implement the provisions of law, I have directed all


PC/INP commanders to file criminal charges before the civil courts against any
private firm or individual found possessing AFO-loaned firearm without
permit/authority from the Chief of Constabulary or any private individual carrying
a firearm whether personal-owned or government issued means of a Mission
Order if he is not a regular civilian agent of the MOND/AFP.

(SGD) FIDEL V. RAMOS


Lieutenant General, AFP
Chief of Constabulary/
DGen. INP

63
On November 7, 1986, then President Corazon C. Aquino issued
Memorandum Order No. 47 pertaining to the disposition of firearms, ammunition,
etc. coming from abroad, save those imported by and belonging to the new
AFP, which we reproduce hereunder:

ANNEX M

MEMORANDUM ORDER NO. 47

PRESCRIBING A UNIFORM PROCEDURE ON THE DISPOSITION OF


FIREARMS, PARTS OF FIREARMS, AMMUNITION OR INSTRUMENTS
USED IN THE MANUFACTURE THEREOF, AND EXPLOSIVES AND THEIR
INGREDIENTS COMING FROM ABROAD, SAVE THOSE IMPORTED BY
AND BELONGING TO THE NEW ARMED FORCES OF THE PHILIPPINES

In order to establish a uniform procedure on the disposition of firearms,


parts of firearms, ammunition or instruments used in the manufacture thereof,
and explosives and their ingredients coming from abroad, except those
specifically imported by and belonging to the Armed Forces of the Philippines,
the following guidelines shall be followed:

1) For firearms, parts of firearms, ammunition or instruments used in


the manufacture thereof;

a) Those covered by permit/authority to import issued by the


Headquarters, Philippines Constabulary

i) Upon arrival at the port of entry or when the firearms,


parts of firearms, ammunition or instruments used or
intended to be used in the manufacture thereof are entered
through the Bureau of Customs or Bureau of Posts, the
articles shall be deposited by the importer, consignee or
possessor with the Collector of Customs/Postmaster who
shall issue a receipt therefore.

ii) The claimant shall then notify the Commanding


Officer, Firearms and Explosives Unit, Philippine
Constabulary, Camp Crame, Quezon City, Metro Manila of
such deposit, and request the transfer and deposit thereof to
the Firearms and Explosives Unit enclosing therewith a copy
of the receipt issued by the Collector of
Customs/Postmaster.

iii) A duly authorized representative of the Firearms and


Explosives Unit shall be sent who shall receive under receipt
the articles from the Collector of Customs/Postmaster, and
who shall deposit the articles with the Firearms and
Explosives Unit.

iv) The articles shall remain deposited in the Firearms


and Explosives Unit the corresponding license/permit shall
have been issued.

64
b) Those not covered by permit/authority to import issued by
the Headquarters Philippine Constabulary.

i) The Director of Customs/Postmaster shall immediately


notify the Commanding Officer, Firearms and Explosives
Unit, Philippine Constabulary, Camp Crame, Quezon City,
Metro Manila of any such articles seized, confiscated, taken
into custody or found by them for the transfer of such
articles to the Firearms and Explosives Unit.

ii) The Firearms and Explosives Unit shall send its duly
authorized representative who shall receive the articles
under receipt from the Collector of Customs/Postmaster and
who shall deposit the articles with the firearms and
Explosives Unit.

iii) The articles shall remain deposited with the Firearms


and Explosives Unit until disposed of by competent
authorities.

2. For explosives and explosives ingredients;

a) Those covered by permit/authority to import issued by the


Headquarters Philippine Constabulary - The Headquarters
Philippine Constabulary Standing Operating Procedure (SOP)
Number 9, dated April 12, 1973, entitles Control and Supervision
of the Importation, Sale, Possession and Use of Explosives, as
amended, shall be observed in the transport and deposit of
explosives and explosives ingredients.

b) Those not covered by permit/authority to import issued by


the Headquarters Philippine Constabulary-

i) The Collector of Customs/Postmaster shall


immediately notify the Commanding Officer, Firearms and
Explosives Unit, Philippine Constabulary, Camp Crame,
Quezon City, Metro Manila of explosives and explosives
ingredients seized, confiscated, taken into custody or found
by them for the transfer of such articles to the Firearms and
Explosives Unit.

ii) The Firearms and Explosives Unit shall send its


representative to inspect and guard the articles until they
are transported to appropriate magazines are designated by
the Firearms and Explosives Unit. The representative shall
issue a receipt therefore to the Collector of
Customs/Postmaster.

iii) The explosives and explosives ingredients shall


remain so deposited in the designated magazines until
disposed of by competent authorities.

65
The Chief of Constabulary shall, in consultation with the Commissioner of
Customs and the Postmaster General, promulgate the necessary rules and
regulations to implement this Memorandum Order.

All laws, orders, issuances and rules and regulations or parts thereof
inconsistent with this Memorandum Order are hereby repealed or modified
accordingly.

This Memorandum Order shall take effect immediately.

(SGD) CORAZON C. AQUINO


President of the Philippines
Manila. November 7, 1986

66
On August 2, 1988, the AFP leadership responded to the reported
proliferation of firearms carrying and Mission Orders issuances by Military
personnel and demonstrated the militarys determination to observe discipline in
the actuations of its members, by way of the following Letter-Directive;

ANNEX N

LETTER-DIRECTIVE ON THE PROLIFERATION OF FIREARMS


AND MISSION ORDER

02 August 1988

SUBJECT: Proliferation of Firearms and Mission Orders


TO : All Unit Commanders/Head of Military Offices

1. This Headquarters observed the apparent proliferation of firearms


being carried by military personnel, civilian agents or other persons who were
indiscriminately issued mission orders by some unit commanders/heads of
military officers. This proliferation of firearms, in some instances, has resulted in
actual or near shoot-outs between AFP/INP units enforcing the law in their
jurisdiction. In majority of the occasions, the law enforcers are inhibited from
accosting persons carrying firearms fro fear that it may result to a misencounter.

2. In view thereof, this Headquarters is reiterating the


provisions/guidelines and instructions pertinent to carrying of firearms and
issuance of Mission Orders putting emphasis on the following paragraphs of LOI
11/87 (Higpit Bakal);

5. Specific guidelines

a) Military personnel whether in uniform or in civilian attire are not


authorized to carry firearms except when on actual performance of official
duties or unless specifically authorized by their respective Commanding
Officers thru a Mission Order

b) The authority to carry firearms should be given only when on


official mission or when there is a strong and valid justification for it. The
authority should be shown to AFP/INP authorities upon demand and
without resentment to avoid misunderstanding.

6. Tasks and responsibilities of AFP units.

a) Unit Commanders are held responsible for the strict compliance to


the Firearms Law to include the proper documentation of firearms carried
by their personnel. They shall be principally liable for any offense or
wrongdoing that are listed in para 4 of GHQ LOI 11/87 (Higpit Bakal).

b) The proliferation of cases of unauthorized carrying of firearms and


criminal acts and other forms of misconduct committed with the use of

67
firearms shall reflect on and be taken against the AFP/INP Commander
who has jurisdiction and responsibility over the area.

a) GHQ LOI 11/87 (Higpit Bakal)


b) GHQ Letter Directive, subject; Carrying of Firearms and
Other Related Matters, dated 30 Nov. 84
c) Rules and Regulations Implementing PD 1866 dtd 29 June
83
d) Amendment to the Rules and Regulations Implementing PD
1866 dtd 28 April 84
e) PD 1866 dtd 29 June 83

BY COMMAND OF GENERAL DE VILLA

(SGD) EMERSON C. TANGAN


RADM AFP
The Deputy Chief of Staff

68
On January 6, 1986, or shortly before the EDSA Revolution, then Minister
of Justice Estelito P. Mendoza had occasion to address the reported summary
dismissals of preliminary investigations of cases involving illegal possession of
firearms, upon the mere presentation in evidence by respondents of mission
orders, without further inquiry on such mission orders validity. The following
Ministry Circular was issued, to wit;

ANNEX O

MINISTRY CIRCULAR NO. 1

TO : All Provincial/City Fiscal, their Assistants and State


Prosecutors

SUBJECT : Relevance of Mission Orders as exculpatory evidence in the


investigation of cases involving illegal possession of firearms

It has come to the attention of the Ministry that in the preliminary


investigation of cases involving illegal possession of firearms, the dismissal of
such cases follow as a matter of course upon the mere presentation in evidence
by respondents of mission orders, without any further inquiry on your part on
their validity, legality or relevancy.

To obviate/preclude the unwarranted dismissal of such case, you are


henceforth hereby directed to also inquire into the validity, legality and relevancy
of such mission orders presented in evidence before resolving said cases.

To serve as your guide in this regard, pertinent portions of the letter of


the Chief, of the Philippine Constabulary and Director General of the INP to the
undersigned as Minister of Justice are hereby reproduces as follows;

xx It is unlawful for any person or officer to issue a mission order


authorizing the carrying of firearm by any person unless the following conditions
are met;

1) That AFP officer is authorized by law to issue the mission order.

2) That the recipient or addressee of the mission order is also


authorized by law to have a mission order, i.e. he must be an organic member of
the command/unit of the AFP officer issuing the mission order. If mission orders
are issued to civilians (not members of the uniformed service), they must be
civilian agents included in the regular plantilla of the government agency
involved in law-enforcement and are receiving regular compensation for the
services they are rendering. (In this case, the agency head or officials so
designated by law shall issue the mission order)

Compliance herewith is strictly enjoined,

(SGD) ESTELITO P. MENDOZA


Minister of Justice
(SGD) FRANCISCO RENATO
Captain
Asst. Chief, Opns Br., C3 Div

69
Aside from Republic Act Nos. 482 and 486 which granted amnesty and
incentives to holders of unlicensed firearms for them to surrender such loose
firearms, amnesty proclamations were issued from time to time fro the
acquisition/conversion by the government of such loose firearms either in to
government property or duly licensed firearms, without any liability on the part
of those surrendering them. One such amnesty for loose firearms, and containing
the essential features of Republic Act. Nos. 482 and 486, was issued by President
Corazon C. Aquino, to wit;

ANNEX P

EXECUTIVE ORDER NO. 107

PROVIDING FOR THE SURRENDER OF LOOSE FIREARMS


AMMUNITION AND EXPLOSIVES, GRANTING BENEFITS
THEREFOR, AND FOR TOHER PURPOSES

WHEREAS, reports from the law enforcement agencies reveal that there
are still a big number of loose or unlicensed firearms, ammunition or explosives
in the possession of person, a majority of whom, not having used such
contraband for the commission of any offense may be desirous to surrender the
same but are prevented from doing so for fear of being penalized in accordance
with existing laws;

WHEREAS, the government is intent on minimizing, if not eradicating,


possession of loose or unlicensed firearms, ammunition or explosives;

WHEREAS, in order to give the aforementioned holders of loose or


unlicensed firearms, ammunition or explosives the opportunity to dispose of the
same without incurring criminal liability, it is necessary to adopt a liberal scheme
for that purpose.

NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines,


do hereby order;

SECTION 1. All laws, rules and regulations to the contrary


notwithstanding, any person who possess any firearm, ammunition or explosives
without any license or permit as prescribed by law may, without incurring any
criminal liability therefore, surrender the same to the proper authorities within
the period of six (6) months from the date of effectivity of this Executive Order.
Provided, that the foregoing provisions shall not be construed as barring any
prosecution of any person for illegal possession of firearms, ammunition or
explosives, as the case maybe \, in violation of existing laws, if he, within the
abovementioned period of six (6) months;

a) Carries outside of his residence, any loose or unlicensed firearms,


ammunition or explosives unless it is for the purpose of surrendering the
same, as evidenced by a written authority to transport the same for
aforesaid purpose priorly secured by him from the proper authorities.

70
b) Commits any other offense with the use of such loose or unlicensed
firearm, ammunition or explosives.

SECTION 2. Those who have been arrested, charged with, and/or


convicted for illegal possession of firearms, ammunition or explosives, with or
without resultant offense or offenses shall be disqualified to avail themselves of
the provisions of this Executive Order.

SECTION 3. The holder or possessor of any firearm surrendered in


accordance with this Executive Order may apply to possess the same under
license. Provided that he is qualified to possess the said firearm in accordance
with existing laws and with the rules and regulations implementing this Executive
Order.

SECTION 4. Any firearm which cannot be possessed under license by the


person who surrendered it may be sold to and licensed in the name of qualified
individuals, firms or corporations who/which shall pay the corresponding price of
such firearm. The payment will accrue in favor of the person who surrendered
the firearm.

SECTION 5. The Chief of the Philippine Constabulary is hereby authorized


to promulgate the necessary rules and regulations to implement this executive
Order.

SECTION 6. This Executive Order shall take effect immediately.

Done in the City of Manila, this 24th day of December in the year of our
Lord, nineteen hundred and eighty six.

(SGD) CORAZON C. AQUINO


By the President;

(SGD) JOKER P. ARROYO


Acting Executive Secretary

71
Sometime later, another Executive Order was issued by President Aquino,
providing for a new period for the application of the foregoing Executive Order.
This was Executive Order No. 222, reproduced below;

ANNEX P-1

EXECUTIVE ORDER NO. 222


(Providing for a New Period for the Application of Executive Order No. 107)

WHEREAS, Executive Order No. 107 dated December 24, 1986 provides
for the surrender of unlicensed or loose firearms, ammunition or explosives
without incurring criminal liability therefore, with the privilege of applying for a
license to possess the same if qualified, and if not, to sell the same to qualified
entities or individuals;

WHEREAS, pursuant to the aforestated Executive Order, the surrender


of loose firearms, ammunition or explosives with the accompanying privilege
ceased to be effective six (6) months after the effectivity of the Executive Order;

WHEREAS, there are numerous requests for the extension of the


effectivity of this aforementioned Executive Order so that they may avail of the
beneficial provisions thereof;

WHEREAS, the government is intent on minimizing, if not eradicating


possession of loose or unlicensed firearms, ammunition or explosives and
legitimizing possession thereof to law-abiding citizens of the country;

NOW THEREFORE, I, CORAZON C. AQUINO, President of the Philippines,


do hereby order;

SECTION 1. Holders of unlicensed or loose firearms, ammunition or


explosives qualified to surrender the same under Executive Order No. 107 are
hereby granted until December 31, 1987 within which to surrender the same.

SECTION 2. The provisions of Executive Order No. 107 not inconsistent


with this Executive Order shall remain in force and effect.

SECTION 3. All rules and regulations in the implementation of the


aforementioned Executive Order are made applicable in the implementation of
this Executive Order.

SECTION 4. This Executive Order shall take effect immediately.

(SGD) CORAZON C. AQUINO


President of the Philippines

72
In renewed efforts to collect loose firearms, President Fidel V. Ramos
accorded further firearms amnesties, to wit;

ANNEX P-2

EXECUTIVE ORDER NO. 122

(Providing for the Surrender and Licensing of Loose Firearms and Establishing a
Central Records Unit for all firearms)

WHEREAS, there is a rising incidence of crimes committed with the use of


loose or unlicensed firearms;

WHEREAS, the reports from law enforcement agencies reveal that there is
still a big number of unlicensed firearms, including those which have not been
re-registered pursuant to Presidential National Emergency Memorandum Order
No. 6 dated January 4, 1990 which are already deemed unlicensed firearms,
majority of which may be in the possession of persons who may be desirous of
surrendering or licensing the same in accordance with existing laws; and

WHEREAS, it is consistent with the national interest to give these holders


of unlicensed firearms the opportunity to obtain licenses therefore within a
limited period of time.

Section 1. Any person who possesses any firearm without license as


required by PD. No. 1866 and its implementing rules and regulations, to include
those whose licenses have expired beyond six (6) months may, within a period
of three (3) months from the effectivity of this Executive Order, surrender the
same to the Philippine National Police and apply for license to possess the same,
provided that he is qualified to possess the firearm in accordance with existing
laws and regulations.

Section 2. All person who surrenders his firearm may, for a period of
six (6) moths from the date of surrender, transfer the same to any qualified
individual, firm or corporation, subject to the approval of the Chief, Philippine
National Police.

Section 3. All Memorandum Receipts for government firearms and


corresponding Mission Orders previously issued to private persons are hereby
cancelled and recalled immediately. Henceforth, Memorandum Receipts for
government-owned firearms and Mission Orders covering the same shall be
issued only to organic government personnel while in the performance of their
official duties, pursuant to P.D. 1866 and its implementing rules and regulations.

Section 4. The Firearms and Explosives Office (FEO) of the Philippine


National Police, as the final repository and sole clearing house of all records and
information pertaining to firearms and ammunition, pursuant to P.D. 1866 and
implementing rules and regulations, shall computerize all its records within a
period a six (6) months from the effectivity of this Executive Order.

Section 5. To complete and update the firearms records of the FEO, all
government agencies, including government-owned or controlled corporations,

73
and all local government units shall submit to the FEO a complete inventory of all
firearms procured by them. Likewise, the Bureau of Customs shall submit to the
FEO reports on all previous and subsequent firearms importations.

Failure to comply herewith shall be dealt with severely under existing rules
and regulations.

Section 6. This Executive Order shall take effect immediately.

Done in the City of Manila this 13th day of September in the year of our
Lord, nineteen hundred and ninety-three.

(SGD) FIDEL V. RAMOS


President

By the President:

TEOFISTO T. GUINGONA, JR.


Executive Secretary

74
ANNEX P-2a

EXECUTIVE ORDER NO. 122-A

LIMITING THE INITIAL COVERAGE OF E.O. NO. 122 ENTITLED


PROVIDING FOR THE SURRENDER AND LICENSING OF LOOSE
FIREARMS AND ESTABLISHING A CENTRAL RECORDS UNIT FOR ALL
FIREARMS TO UNREGISTERED FIREARMS AND PROVIDING FOR THE
OPERATIONSL COST OF THE COMPUTERIZATION OF FIREARMS
RECORDS.

WHEREAS, Executive Order No. 122 dated September 13, 1993 grants a
fixed period of three months from its effectivity within which all loose firearms,
which include all firearms which were never registered and those firearms which
had been registered but not re-registered pursuant to Presidential Emergency
Memorandum Order No. 6 dated January 4, 1990, may be surrendered to the
authorities and registered.

WHEREAS, it is imperative in the interested of public safety to give priority


to the surrender and registration of all firearms which had been previously
registered but not re-registered under existing laws;

NOW, THEREFORE, I FIDEL V. RAMOS, President of the Republic of the


Philippines, by virtue of the powers vested in me by law, do hereby order;

SECTION 1. Within the period fixed in Executive Order No. 122 dated
September 13, 1993, the provisions of the said Executive Order shall apply
initially to those persons who have in their possession firearms which have not
been re-registered pursuant to Presidential Emergency Memorandum No. 6 dated
January 4, 1990.

SECTION 2. The cost of computerization of firearms records pursuant to


Section 4 of Executive Order No. 122 shall be part of operational costs
chargeable against the special fund under R.A. 6963.

SECTION 3. This Executive Order shall take effect immediately.

Done in the City of Manila, this 26th day of October, in the year of Our
Lord, Nineteen Hundred and Ninety Three.

(SGD) FIDEL V. RAMOS


President

By the President:

(SGD) TEOFISTO T. GUINGONA, JR.


Executive Secretary

75
ANNEX P-2b

RULES AND REGULATIONS IMPLEMENTING EXECUTIVE


ORDER NO. 122

Pursuant to Executive Order No. 122 dated 13 September 1993, the


following rules and regulations are hereby promulgated for the effective
implementation of the provisions of the Executive Order.

SECTION 1. Scope - These rules and regulations shall apply to all


firearms which have not been re-registered pursuant to Presidential Emergency
Memorandum No. 6 dated 4 January 1990 which may be re-registered for a
period of six (6) months from the effectivity of Executive Order No. 122.

SECTION 2. Procedure - The firearms need be deposited for


safekeeping. However, they should be presented for ballistic test and stenciling
of the serial number.

a) In Metro Manila, the firearms shall be presented to the Firearms


and Explosives Office (FEO) PNP, Camp Crame, Quezon City. In the provinces
they should be presented to the Provincial/Metrodiscom Director or CSFC
Regional Director concerned.

b) The firearms shall be wrapped and labeled thus; To C, FEO, PNP


or To Provincial/Metrodiscom Director or To CSFC Regional Director as the
case may be. The firearms should be disassembled if the owners know how to
disassemble the firearms.

c) The latest firearm license which had not been renewed shall be
taken along by the owner and shall serve as his authority to transport the
firearm from residence to FEO or Provincial Command/Metrodiscom/CSFC
Regional Command and return. The owner shall also bring with him three (3)
rounds of ammunition for ballistic test of his firearm.

d) The firearm shall be test fired for ballistic and the stencil of the
serial number shall be taken. Thereafter, the Ballistic Test Certificate and Stencil
Certificate shall be issued in two (2) copies. The original shall be given to the
firearm holder, while the duplicate shall be retained for record purposes.

e) Slugs of firearms fired for ballistics and shells of fired shotguns


shall be replaced in appropriate envelopes duly identified and disposed of in
these manners;

1) Those recovered in FEO shall be sent to CLS, PNP for future


reference.

2) Those recovered in the provinces shall be properly kept by


the Provincial Command/Metrodiscom for future reference.

f) The firearm shall then be returned to the owner after he has been
issued a Provisional License to serve as his authority to keep the firearm in his
residence pending receipt of his firearm license.

76
g) The Provisional License shall be issued by C, FEO or by the
Provincial/Metrodiscom Director/CSFC Regional Director only. No other officers
are authorized to issue the Provisional License.

SECTION 3. Filing of Application.

a) Residents of Metro Manila shall file their application fro re-


registration of firearm to C, PNP (Attn; C, FEO). Provincial residents shall file
their application also with C, PNP (Attn: C, FEO), thru the Provincial/Metrodiscom
Director or CSFC Regional Director concerned.

b) The application in the prescribed form shall be supported with the


following documents;

1) Ballistic Test Certificate


2) Stencil Certificate
3) Affidavit of Non-Pending Case duly notarized
4) Firearm Bond

c) The application shall be processed in FEO in accordance with


existing laws, policies and regulations. If the application is approved, the
corresponding Temporary License, which in this case is the duplicate copy of the
application for firearm re-registration, shall be issued by C, FEO. The Temporary
Licenses of Provincial residents shall be sent by FEO to the
Provincial/Metrodiscom/CSFC Regional Director concerned for delivery to the
licensees pending issuance of the computerized license.

SECTION 4. License Fees-

a) For each re-registered firearm the license shall pay the amounts
indicated hereunder which includes the back taxes from 1990 and the current
taxes up to 1995, expiration of the computerized license to be issued, as follows;

Rifle caliber .22 P500.00


Shotgun (all gauges) 600.00
Pistol/Revolver cal. 22 (ordinary) 750.00
Pistol/Revolver cal .25, .32, .38
9mm, 7.56, 6.35 & magnum .22 rimfire 900.00
Pistol/Revolver cal. 45, magnum cal. 22
rimfire .357, .41 and .44 1,000.00
High powered rifles for cal.22 and up 1,000.00

b) The above license fees shall be paid upon issuance of the


Provisional License, The C, FEO and the Provincial/Metrodiscom Directors and
CSFC Regional Directors should not sign the Provisional License unless the
corresponding license fees indicated above had been paid.

c) From the proceeds of the collection in the provinces, the amount


equivalent to ten per centum (10%) shall be earmarked for the Provincial
Command/Metrodiscom or CSFC Regional Command to support the cost of
operation.

77
SECTION 5. Reports

Provincial/Metrodiscom Directors and CSFC Regional Directors shall submit


to C, PNP (Attn; FEO) a weekly report of the applications for re-registration of
firearms received and processes in their respective Commands, and they should
see to it that the applications had been duly forwarded to the Headquarters
anytime.

EFFECTIVITY - These rules and regulations shall take effect immediately.

(SGD) UMBERTO A. RODRIGUEZ


Police Director-General
Chief, PNP

78
ANNEX P-2c

EXECUTIVE ORDER NO. 122-B

PROVIDING FOR THE FULL IMPLEMENTATION OF EO 122 DTD 13 SEPT


93 EXTENDING THE PERIOD FOR THE REGISTRATION OF LOOSE
FIREARMS AND UNRE-REGISTERED FIREARMS

WHEREAS, Executive Order No. 122 dated September 13, 1993 provides
for the surrender of loose and unre-registered firearms within a period of three
(3) months from effectivity thereof;

WHEREAS, Executive Order No. 122-A dated October 26, 1993 limited the
initial coverage of Executive Order No. 122 thereby giving priority to the
registration of firearms which were not re-registered under existing law;

WHEREAS, in the interest of public safety, it is imperative to make an


account of, and register, all loose firearms in the country;

WHEREAS, the drive for the registration of loose firearms and


unregistered firearms is providing substantial results especially among many
prospective registrants in remote areas who have expressed the need for more
time to register their firearms;

WHEREAS, in cognizance of the publics request and to fully and


effectively implement Executive Order No. 122, it is necessary to extend the
period for the surrender, registration and licensing of loose and unre-registered
firearms;

NOW THEREFORE, I FIDEL V. RAMOS, President of the Philippines, by


virtue of the powers vested in me by law, do hereby order;

SECTION 1. Executive Order No. 122 dated September 13, 1993


providing for the surrender and licensing of loose firearms and those not re-
registered under existing law, but those initial coverage was limited to unre-
registered firearms by virtue of Executive Order No. 122-A dated October 26,
1993, is now hereby declared to be fully implementable. Accordingly, any person
who possesses any firearm without license as required by P.D. 1866 and its
implementing rules and regulations may surrender and register the same in
accordance with the provisions of Executive Order No. 122 not later than 8
September 1994.

SECTION 2. Any person who surrenders the loose firearm and apply for a
license to possess the same if qualified, or transfer the firearm to any qualified
individual, firm or corporation subject to the approval of the Chief, Philippine
National Police, not later than 8 September 1994.

SECTION 3. Any person who failed to re-registered his firearm pursuant


to Executive Order No. 122-A may still register the same within the same period
provided in Section 1 hereof.

SECTION 4. This Executive Order shall take effect immediately.

79
Done in the City of Manila, this 28th day of March, in the year of our Lord,
Nineteen Hundred and Ninety-Four.

(SGD) FIDEL V. RAMOS


President

80
Republic of the Philippines
Department of the Interior and Local Government
NATIONAL POLICE COMMISSION
NATIONAL HEADQUARTERS PHILIPPINE NATIONAL POLICE
OFFICE OF THE CHIEF, PNP
Camp Crame, Quezon City

PNP CIRCULAR NUMBER 08


Rules and Regulations Governing the Manufacture, Importation, Exportation
Sale, Possession, Carrying of Airsoft Rifles/Pistols and
Operation of Airsoft Gun Clubs and Playgrounds
(September 27, 2006)

I. REFERENCES:

a. Amended Rules and Regulations Governing the Manufacture,


Sale, Possession and Carrying of Air Rifle/Pistol dated 21 July 2006 (TAB A).

b. Implementing Rules and Regulations governing the


Manufacture, Sale, Possession and Carrying of Air Rifles/Pistols dated January
29, 1992 (TAB B).

c. Executive Order Number 256 Entitled Scheduled of Fees


dated December 21, 1995 (TAB C).

d. Standard Operating Procedure Number 13 Entitled


Licensing of Firearms dated October 2001 (TAB D).

e. Memorandum Circular Number 99-09 Entitled Manufacture


and Repair of Firearms Dated March 16, 1999 (TAB E) and,

f. Memorandum Circular Number 07 Entitled


Recognition/Operation of Gun Clubs dated June 15, 2005 (TAB F).

II. PURPOSES:

This circular prescribed the rules and regulations governing the


manufacture, deal in, importation, exportation, sale, possession and carriage of
airsoft rifles/pistols and operation of air soft gun clubs and playgrounds.

III. SCOPE:

This circular shall apply to all natural and juridical persons who
intend to manufacture and deal in the importation, exportation and sale of
AIRSOFT rifle/pistol which has been classified as a special toy of airgun; and to
those who desire to possess or carry the same. This circular also sets the
provisions for the operation of airsoft gun club and playground.

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IV. DEFINITION OF AIRSOFT RIFLE/PISTOL:

Airsoft rifle/pistol herein used include battery operated, spring and


gas type powered rifles/pistol which discharge plastic or rubber pellets only as
bullets or ammunition.

Airsoft/pistol as a toy shall refer to those manufactured purposely


as replica of a real armament with all its specifications and corresponding
intellectual property sign or logo.

V. RESTRICTION:

Airsoft rifle/pistol as herein classified as special type of air gun,


shall be used in sporting activities such as war game or war simulation only. All
airsoft rifles/pistols shall not exceed 550 feet per second velocity of their plastic
or rubber pellets. Otherwise, it shall not be eligible for registration, Furthermore
the weight of the BB ammunition shall not exceed 0.2 grams.

VI. MANUFACTURE AND SALE:

All natural and juridical persons intending to manufacture or sell


airsoft rifle/pistol shall apply for license to manufacture or license to deal airsoft
rifle/pistol under the existing rules and regulations of the Philippine National
Police thru Firearms and explosives Division of the Civil Security Group as
provided for the provision of the Revised Memorandum Circular Number 99-009.

Corresponding permit for Authority to Display Airsoft Rifle/Pistol


shall be secured at FED, CSG.

VII. MARKINGS:

All airsoft rifle/pistol shall be stamped with a serial number prior to


their one time registration by the Philippine National Police. To distinguish it from
a real gun, the airsoft rifle shall be painted with ORANGE color, at least two (2)
inches from the tip of the barrel or at its flash suppressor for an airsoft rifle or at
least one (1) inch from the tip of the barrel for an airsoft pistol.

Importers of airsoft rifle/pistol are advised to coordinate with their


foreign suppliers that every airsoft rifle/pistol exported to the Republic of the
Philippines shall be assigned with a serial number as a requirement for
registration.

VIII. POSSESSION:

Any person who desires to possess airsoft rifle/pistol shall file his
application in accordance with PNP SOP Number 13 entitled Licensing of
Firearms. The one time registration rule for air rifle/pistol shall be applied to
airsoft rifle/pistol. In case of transfer of ownership to a qualified citizen, the
required procedure in the transfer of regular air gun shall also be applied. A
licensed airsoft rifle/pistol holder shall not transfer physical possession of his
registered airsoft rifle/pistol until the application for license to possess airsoft
rifle/pistol is approved by FED, CSG.

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IX. TRANSPORT OF AIRSOFT RIFLE/PISTOL:

Lawful holders of airsoft rifle/pistol are only allowed to carry the


item in an officially designated as classified by the local government unit in the
area or locality duly issued with a License to Operate Shooting Range or
Playground by FED, CSG. While in transit, all airsoft rifles/pistols shall be placed
in secured airsoft rifle/pistol cases. Corresponding Permit to Transport airsoft
rifle/pistol from the place of residence to the designated playground or airsoft
rifle/pistol firing range shall be applied at FED, CSG for all applicants within Metro
Manila Area in the provinces shall secure their corresponding Permit to Transport
at their respective Provincial Police Office, City Police Office or at FESAGS Office
as the case may be, In no case, shall the airsoft rifle/pistol shall be carried
outside the designated playground or shooting range only with out its secured
bag or case. It is a must that the airsoft rifle/pistol shall be used for sporting
activities in designated and authorized places only.

X. IMPORTATION/EXPORTATION:

Any person or dealer intending to import/export airsoft rifle/pistol


shall secure the corresponding import/export permit from the Philippine National
Police thru FED, CSG prior to actual importation/exportation.

XI. AIRSOFT GUN CLUBS:

Pertinent provisions of PNP Circular #7 shall apply to the Gun Clubs


membership for Airsoft Rifle/Pistol Holders.

XII. AIRSOFT FIRING RANGE/PLAYGROUND:

Operator of a designated and licensed playground or firing range


for airsoft rifle/pistol shall secure a corresponding permit to conduct war games
or war simulations, exhibitions and airsoft rifle/pistol shooting competitions,
Operators of playgrounds and firing range in Metro Manila shall secure their
permit at FED, CSG while operators applying for permit in the provinces shall file
their applications with their respective Provincial Police Offices, City Police Offices
in cases of highly urbanized cities or the FESAGS of the Police Regional Offices.

As the need arises or as the activity requires a new playground, the


organizer of the war game or war simulation shall secure a new permit at FED,
CSG, the Provincial Police Offices/City Police Offices or Regional Police Offices as
the case may be.

The Mayors permit will be a mandatory requirement in the


registration of the firing range or playground for airsoft rifle/pistol exercises.

XIII. MISCELLANEOUS PROVISIONS:

Existing manufacturers/dealers and present holders of airsoft


rifle/pistol shall have a grace period of six (6) months from date hereof to apply
for manufacturer or dealers license and to present their air rifle/pistol to the
Firearms Management Branch, Firearms and Explosives Division-Civil Security
Group for testing and corresponding registration with a fee as that of an air
rifle/pistol.

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All licensed dealers of airsoft rifle/pistol shall be required to secure
the necessary permits when intending to go on air soft rifle/pistol show or
exhibition just like the conduct of Defense and Sporting Arms Show.

XIV. RESCISSION CLAUSE:

All rules and regulations inconsistent herewith are hereby rescinded


or modified accordingly.

XV. EFFECTIVITY:

These rules and regulations shall take effect immediately.

(SGD) OSCAR C CALDERON


Police Director General
Chief, PNP

84
Republic of the Philippines
Department of the Interior and Local Government
NATIONAL POLICE COMMISSION
NATIONAL HEADQUARTERS PHILIPPINE NATIONAL POLICE
OFFICE OF THE CHIEF, PNP
Camp Crame, Quezon City

AMENDMENTS TO THE IMPLEMENTING RULES AND REGULATIONS


(IRR)
GOVERNING THE MANUFACTURE, SALE, POSSESSION
AND CARRYING OF AIR
RIFLES/PISTOLS DATED JANUARY 29, 1992

The IRR governing manufacture, sale, possession and carrying of air


rifles/pistols dated January 29, 1992 are hereby amended effective 21 July 2006
as indicated hereunder:

Additional paragraphs under Section 5 shall be added and shall read as


follows:

a. xxxxx

b. xxxxx

c. The air rifle/pistol shall be fired three (3) times at an


ordinary plywood, one fourth (1/4) inch thick, from a distance of ten (10) feet.
If any of the fired pellets penetrated (passed through) the plywood, the air
rifle/pistol shall be classified as firearm, otherwise, the air rifle/pistol shall be
classified as toy.

d. xxxxx

e. xxxxx

f. xxxxx

g. Airsoft rifles/pistols shall be classified as airgun whether its


design is similar as that of a real gun or not. All rules and regulations pertaining
to airguns shall apply to Airsoft guns except for paragraph c above.

Considering further that a clerical error was noted in said IRR


wherein section 7 was omitted, additional section shall be added and shall read
as follows;

1. xxxxx

2. xxxxx

3. xxxxx

4. xxxxx

5. xxxxx

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6. xxxxx

7. Administrative sanctions any violation of the above


provisions shall mean cancellation of the certificate of registration issued by FED
and confiscation of the items/whether Airgun, Airsoft or Toygun without
prejudice to the filing of civil/criminal charges as evidence warrants.

(SGD) OSCAR C CALDERON


Police Director General
Chief, PNP

86
Republic of the Philippines
Department of the Interior and Local Government
NATIONAL POLICE COMMISSION
NATIONAL HEADQUARTERS PHILIPPINE NATIONAL POLICE
OFFICE OF THE CHIEF PNP
Camp Crame, Quezon City

PNP CIRCULAR NUMBER 07


(Recognition/Operation of Gun Clubs)
(June 15, 2005)

Pursuant to the provisions of Executive Order No. 94, Series of 1923 and
Executive Order No.325, Series of 1941 amending Executive Order No. 290,
Series of 1940, the following rules and regulations governing the establishment
operation and maintenance of gun clubs are hereby promulgated:

1. REQUISITES FOR RECOGNITION:

a. A gun club should have a minimum of fifteen (15) licensed


firearm holders as members.

b. Membership in any gun club shall be limited to qualified


individuals who are residents of the province or city where the office and target
ranges of the gun club are located and non-residents who work or are employed
in the province or city where the gun club is located.

c. Officers and members of the applicant gun club applying for


initial recognition and accreditation must secure clearances from the Directorate
for Intelligence or (DI), PNP or from the Regional Intelligence and Investigation
Division (RIID).

d. The gun club should first be registered with the securities


and Exchange Commission and Copy of the Certificate of Registration shall be
included with the application.

e. A copy of the Articles of Incorporation and Constitution and


by-laws should be made part of the application for recognition.

f. Mayors clearance/permit to establish a Gun Club and


Operate a Firing Range.

g. The Gun Club must have their own accredited Range Officer.

h. The gun club must have an established office and target


range, which are properly constructed and safely located. Detail and Location
plans thereof shall also be included in the application.

i. Gun clubs without target ranges of their own may be


allowed to share/use the existing target range of a recognized gun club with the
written consent of the President of the gun club embodied in a Memorandum of
Agreement (MOA) between the two Gun Clubs. Existing gun clubs without their
own target ranges could agree among themselves to construct a common target
range, with prior approval by C, PNP. (Commercial Ranges are not allowed to

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share/lease their existing target range with other gun clubs. Likewise, private
ranges are not allowed to share/rent their existing target range to other gun
clubs if it is for commercial use.)

j. Gun clubs with commercial ranges must have a burglar and


fireproof armory or vault in its target range for safekeeping of its firearms and
ammunition. The detailed plan of the armory or vault shall also be included with
the application for recognition. If the target range is located in a remote or
isolated place where the keeping of firearms poses security risks, the armory or
vault may be constructed in the office or clubhouse of the gun club, with prior
approval of the C, PNP. This requirement is not mandatory for Gun Clubs without
firearm, however, they may provide the same safety devices for members who
need to store their individual FAs in the Gun Club for safekeeping.

k. All gun clubs must submit a security survey report by the


PRO or PPO where the gun club and target range is located.

l. Compliance of Target Ranges to safety standards must be


stated in the corresponding inspection report to be accomplished by FED, CSG or
concerned PROs or PPOs.

m. Applications for recognition shall be coursed through the


Provincial/City Director in the Province for comment and recommendation. In
Metro Manila, application shall be submitted direct to the Firearms and
Explosives Division (FED), CSG after they have secured a security
survey/recommendation from the Police Station Commander where their club is
located.

n. A gun club that has been inactive for three (3) or more years
will have to submit the requirements for a new gun club recognition and firing
range accreditation.

o. PNP, Military and other Government owned Firing Ranges


may be recognized without necessarily putting up a Gun Club. However, the
firing range must comply with the safety standards imposed by FED, CSG.

p. Security Agencies accredited as Training Centers for private


guards by the Security Agencies and Guards Supervision, Civil Security Group
(SAGSD) may also put up their own Firing Range, subject to the safety standard
imposed by FED, CSG.

2. OFFICE AND TARGET RANGES:

In addition to whatever requirements that may be imposed by any


national, provincial, city or municipal government with respect to building site
and/or permit, labor and health, the office and target range of the gun club shall
conform to the requirements hereunder although a provisional certificate for the
Recognition of the Gun Club and Accreditation of the Target Range may be
issued for purposes of securing a Mayors Permit.

GUN CLUB OFFICE:

a. The office and clubhouse must be of permanent or semi-


permanent construction.

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b. They must have sufficient space for the needs and size of
the gun club.

TARGET RANGE (OUTDOOR):

a. Location of target range must not be less than 1,000 meters


from the national highway or any main road. However, if the inspecting officer
finds that the range is securely located and does not endanger life or limb, the
requirement may be waived.

b. Distance from the nearest residential house must be


commensurate with safety from fired bullet and/or accidental firing. Nuisance to
the immediate neighborhood must also be taken into consideration.

c. Construction of Pit/Bunker (For rifle Ranges)-

- Pits must be eight (8) feet in depth, five (5) feet in width, and the length
must be the same as that of the target wall. Pits are required only where high-
powered long firearms are allowed for use.

- Bunkers must be constructed in a manner impenetrable by high-


powered rifles, or assault weapons.

d. Backstop If there is no natural backstop like a hill or


mountain, an artificial one must be constructed with the following
specifications:

1. Shall be made of concrete (sand, gravel and cement)


or other appropriate materials.

2. Height not less than fifteen (15) feet.

3. Thickness not less than five (5) feet or as


appropriate.

4. Baffles should be installed when structures


(residential or commercial are visible from the firing line.

e. Target wall must be in front of a hill or mountain if


possible, and must be so constructed that it can stop bullets of any
caliber. The specification should be at least the same as that of the
backstop.

f. Transfer of target ranges and construction of new ones


should be made only upon approval by the Chief, PNP.

g. Safety measures and rules to prevent accidents must be


adopted by the gun club and such rules shall be posted in conspicuous
places in the target range for the information and guidance of all
members.

h. Unloading/loading area or safety areas should be


incorporated in all kinds of ranges.

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i. An outdoor range may have only one bay with not less than
ten (10) meters in width and twenty (20) meters length.

TARGET RANGE (INDOOR)

a. The design considerations for an indoor range must include:

1. Impenetrable walls, floor and ceiling


2. Adequate ventilation (air conditioning, exhaust fans,
etc.)
3. Lighting to approximate near daylight conditions
4. Sufficient space (at least 20 meters from the firing
line to the backstop)
5. Acoustical treatment for sound attenuation or
reduction/absorption.

b. The range must include in its design or construction the


following:

1. Baffles to protect lighting fixtures, ventilation, and


air ducts, ceiling and target carrier apparatus. Baffles must extend to the
entire width of the range and downward to protect against the occasional
errant bullet. Baffles, which are usually made of steel, must be covered
with a minimum of one (1) inch softwood to trap the projectile. However,
any materials, which will serve the purpose, can be used.

2. Deflection shields they are installed vertically and


horizontally to redirect wide angle shots into the backstop area.

3. Shields they are installed above the firing line


especially in wood frame buildings to protect ceiling areas. Floor shield
may be required on wood floors. They are usually made of steel.

c. Target carriers should be equipped to handle the various


target heights as dictated by the shooters position. It is important that for
angled plate backstops target heights be adjustable so that the center is
located at the proper height. For example, if one target height is used, the
angles required to hit the target could change accordingly and may affect
its design criteria. Commonly used design incorporations are detachable
extension rods of varying lengths. Optimum height for the four positions
is:

POSITION HEIGHT OF TARGET CENTER

Prone 12 inches
Sitting 12 inches
Kneeling 28 inches
Standing 28 inches

d. An indoor range may have only one bay not less than five
(5) meters in width and twenty (20) meters in length.

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3. LICENSE, FIREARMS AND AMMUNITION OF GUN
CLUBS AND MEMBERS:

a. Membership in a gun club alone is not the basic


consideration for the issuance of license to possess firearm to an
individual. It also does not follow that a person may seek membership in
gun club in order to be qualified for a firearm license. Hence, Certificate of
Membership will be issued by Gun Clubs only to individuals who are gun
enthusiasts or active shooters.

b. Gun clubs may provide firearms of each type and caliber to


its members for target practice and shooting competitions. These
registered firearms must be covered with such license to possess in the
name of the gun club. However, the gun club or their active members
may apply for a license to possess firearms- (pistols & revolvers) with
caliber that will not exceed .50 inch.

c. A gun club member may possess eight (8) firearms to be


used in target practice and shooting competitions. This is over the allowed
one (1) short and one (1) long firearm for private individuals as provided
for by GO No. 7-B dated 17 January 1973. Hence, an individual who is a
gun club member may now be allowed to license in his/her name a
maximum of ten (10) firearms.

d. However, Gun Club members with more than the allowed


maximum of ten (10) firearms upon the effectivity of this Circular are not
required to surrender their excess firearms. Furthermore, they are allowed
to replace firearms licensed in their name to maintain their existing
number of registered firearms. Gun Club members are given three months
to replace their defective or old firearms upon surrender to FED or sale to
qualified individuals to maintain the number of their registered firearms.

4. SECURITY OF FIREARMS AND AMMUNITIONS:

a. All firearms covered with Long Registration License and


ammunitions in the name of the gun club shall be stored in an armory or
vault of the gun club. Such armory or vault should be fireproof and
burglarproof, and should be securely locked except when
firearms/ammunition are being deposited therein or withdrawn therefrom.

b. Individuals with license to possess personally-owned


firearms intended for target purposes or firearms with SRL need not be
kept in the armory or vault, but they should be covered by Transport
Permit to and from the gun club whenever carried for target practice and
shooting competitions.

c. Non-compliance with these requirements shall be


administratively penalized as follows:

1. First Offense one (1) month suspension of the


Transport Permit of the member concerned.

91
2. Second Offense Cancellation of the Individual
firearm license of the member concerned.
3. Third Offense withdrawal of recognition of the gun
club and closure of firing/target range.

5. TRANSPORT PERMIT FOR FIREARMS:

a. Personally owned firearms of gun club members may


be issued Transport Permit from residence to and from target ranges
upon written request by the Club President. Copy of the license to possess
firearm shall be attached to the initial request for Permit to Transport to
ascertain the expiry date of the applicants license.

b. Indorsement for Permit to Transport from the Club


President should indicate therein that all submitted documents (license to
possess firearms, club membership) are current or unexpired.

c. In Metro Manila, the Transport Permit shall be issued


by C, FED. In provinces, it shall be issued by the Provincial/City Director
concerned. Gun Club indorsement for Permit to Transport with a validity
of more than three (3) months should only be for shooters or members
who are qualified.

d. The Transport Permit issued by C, FED shall be good


for a period of not more than one (1) year from the date of issue, subject
to renewal upon written request by the Club President. In the provinces,
the Transport Permit shall be valid for ninety (90) days if issued by the
Regional Director/PRO or PPO and valid within their area of responsibility
only.

e. The Transport Permit shall be subject to the following


conditions:

1. The permit shall be accompanied with proper firearm


documents and club identification card with photograph and should be
carried only by the individual whose name is listed therein.

2. The permit is valid only within the target range compound


and along the route to the target range. A detour not to exceed one (1)
kilometer from the usual route may be allowed if it is necessitated by
adverse road condition or other justifiable reasons beyond the control of
the bearer.

3. While enroute to the range from residence and vice-versa,


all firearms must be unloaded. The ammunition and firearm must be
secured in two separated cases/boxes and further kept in two separate
places ( the trunk compartment and glove compartment).

f. Transport Permits to target ranges hosting PPSA


Sanctioned Level II and Level III competition matches shall be issued only
to Philippine Practical Shooting Association (PPSA) members in good
standing. (Only PPSA members are allowed to participate/shoot in PPSA
Sanctioned Level II and Level III competitions). Furthermore, transport

92
permits shall be valid only during the date of competition which must be
indicated in the permit, allowance in dates may be allowed to cover travel
time in case the competition is overseas or requires long travel time.

g. Transport Permits may be issued to gun club


members to and from commercial firing ranges within province or city
where the gun club is located.

h. Transport Permits may also be issued to gun club


members to and from authorized gunsmiths for the repair of their
firearms.

6. TARGET PRACTICE:

a. Members of gun clubs must undergo target practice


once a month. The club shall maintain a record book wherein such
members will be listed in alphabetical order with corresponding signatures
or initials immediately opposite their names attesting to the fact that they
have fired during the month. Records of the results of such monthly target
shooting must be reported to the Chief, PNP by the President of the gun
club. The record book of the monthly target practice shall be subject to
inspection by the Chief, Philippine National Police or his authorized
representatives. In addition, an individual shooters logbook shall be
maintained by members. The logbook shall indicate the frequency of his
practice in the target range or competitions he has attended. It shall
further indicate his standing or rank. All shoots or competitions entered in
the shooters logbook be signed by the range officer, Club President or his
representative.

b. Failure of the gun club member to engage in target


practice so required will constitute a valid ground for the cancellation of
his Transport Permit, and revocation of the license of his firearm if it is
licensed in the name of the gun club.

7. COMPETITIONS:

a. Gun Clubs hosting Level I matches should first secure


from the Firearms and explosives Division (FED), CSG or from the regional
Operations and Plans Division (ROPD) of concerned Police Regional
Offices (PROs) the Authority to Conduct Shooting Competition. PROs
should furnish a copy of the permits they issued to FED, CSG. Authority
to Conduct Shooting Competitions for Level II, Level III and Level IV
competitions should be issued by FED, CSG only. Club shoots may not be
covered by permit but will be included in the monthly report.

b. Fees to be imposed will be based on the provision of


Executive Order No. 256 dated December 21, 1995.

c. Endorsement from the City Police Director or


Provincial Police Director should be attached in the request for Target
ranges hosting competitions where the presence of Dissident Terrorists
are prevalent.

93
d. Shooting competitions involving the use of high-
powered rifles is prohibited except for competition with purely personnel
of the AFP, PNP and other law enforcement agencies as participants.

e. After competition reports will be submitted by host


gun clubs at least one (1) week after the competition following a specified
format (Annex A).

8. RELOADING MACHINES:

a. Recognized gun clubs may purchase or possess


ammunition-reloading machines for their members use. However, gun
clubs may possess reloading machines only after securing a license or
certificate of ownership from the FED, CSG. Recognized Gun Clubs may
possess one reloading machine for every 20 members.

b. All ammunition produced by the gun club must be


used by members in target practice or competitions only. Commercial sale
of said ammunition to individuals not members of their gun clubs is
prohibited.

c. Ammunition produced or procured by commercial gun


clubs which are for sale to individual gun owners must not to be brought
out of the firing range/target range. The ammunition must be spent at the
target ranges.

9. MONTHLY REPORTS:

a. As provided by sub-para 2 of Executive Order No. 325,


series 1941, all gun clubs shall furnish the Chief, Philippine National Police, a list
in triplicate of their members, listed in alphabetical order indicating their place of
birth and the number and kind of license and complete description of firearms
possessed by each member. At the end of every month, a list of new members
and members who have been separated shall also be furnished the Chief, PNP in
the same manner as the original list.

b. The monthly report should be submitted regularly to reach


this Headquarters (Attn: C, FED) not later than the 10th day of the succeeding
month. A copy shall be furnished to the Provincial/City Director concerned.

c. If the gun club has a license to possess an operate an


ammunition reloading machine, the location of such reloader should also be
indicated in the monthly report of the gun club to keep the PNP always posted
on the location of reloading machines in the country.

10. MISCELLANEOUS PROVISIONS:

a. This circular further encourages all licensed firearm holders


to join and participate in gun Clubs and their activities to promote Gun Safety an
Proficiency.

94
b. A gun club member who is holder of caliber .45 or caliber
.40 pistol licensed in the name of the gun club may be allowed to purchase an
additional slide and receiver for a pistol with different caliber for use in target
practice and shooting competitions subject to the provisions of Circular No. 99-
009 dated March 16, 1999. Furthermore, the purchase of the Gun Club member
should be endorsed by the Club President.

c. The target range of a gun club shall be for the use of its
members only and by the members of other gun clubs and other guests
authorized by the Club President. It shall be understood that all private range
shall not be used for commercial/business operations and/or other purposes.
Violations of this regulation shall constitute a valid ground for the withdrawal of
the PNP recognition of the gun club concerned.

11. INSPECTION:

a. The Chief, Philippine National Police or his authorized


representative shall conduct inspection of gun clubs and their target ranges at
least once a year or as often as may be deemed necessary. The inspection of
target ranges should focus on the safety standards prescribed by the PNP.

12. WITHDRAWAL OF RECOGNITIONS:

a. Failure of the gun club to discipline or expel, if necessary,


any member guilty of violating club rules and regulations without substantial
justification may be ground for the withdrawal of the PNP recognition previously
granted.

b. Failure of the gun club to comply with the requirements of


this circular shall constitute sufficient ground for the withdrawal of the
recognition previously granted by the Chief, Philippine National Police.

13. RESCISSION CLAUSE: All rules and regulations inconsistent


herewith are hereby rescinded or modified accordingly.

14. For strict compliance.

(SGD) ARTURO G LOMIBAO


Police Director General
Chief, PNP

95
Republic of the Philippines
Department of the Interior and Local Government
NATIONAL POLICE COMMISSION
NATIONAL HEADQUARTERS PHILIPPINE NATIONAL POLICE
OFFICE OF THE CHIEF PHILIPPINE NATIONAL POLICE
Camp Crame, Quezon City

PNP CIRCULAR NO.5 SERIES 2005


(Disposition of Captured, Confiscated, Surrendered and Deposited CCSD
Firearms, Explosives and Ammunition)
December 10, 2005

1. Purpose:

This circular prescribes the revised policies and procedures in


reporting, turn-in and disposition of CCSD firearms, explosives and ammunition.

2. References:

a. GHQ PNP Guidelines in the Proper Accounting and


Disposition of CCSD firearms dtd 12 June 1993.

b. DL, GHQ PNP Circular No. 14 dtd 25 May 1993, Subject:


Disposal of PNP Properties and Disposition of the income Derived Therefrom.

c. COA Circular Nr 89-296 dtd 27 January 1989.

d. Memo to CSAFP and CPNP by SND dtd 5 March 1989,


regarding policy on CCSD firearms.

e. HPC/HINP SOP #5 dtd 26 July 1984. Subject: Disposal of


Unserviciable Property and Equipment.

96
MEMORANDUM

FOR : TADHRDD

FROM : AD, CSG

SUBEJCT : Submission of NAPOLCOM Approved PNP


Manuals

DATE : August 15, 2007

1) Reference: Memo from that Directorate dated July 20, 2007,


subject same as above.

2) In compliance with the above reference, submitted herewith the


manuals of Firearms and Explosives Division (FED) and Security Agencies and
Guard Supervision Division (SAGSD), Civil Security Group .

3) For your information.

BY THE ACTING DIRECTOR, CSG:

VICTOR V. TOMELDEN, MPSA


Police Senior Superintendent (DSC)
Deputy Director for Administration/
OIC, Directorial Staff

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