Y

ril'l,l('l r\1, l'l'lNAl, l,r\Wli

l{ i\. N(} Il)l,lrl

SPECIAL PENAL LAWS
A. RELATING TO CRIMES AGAINST PERSONS/CHASTITY/
PERSONAL SECURITY
R.A. NO. 10591
COMPREHENSlVE FIREARMS AND AMMUNITION
REGULATION ACT
ARTICLE I ration,partnershiporbusinessentitydulylicensedbytheFirearmsand
TITLE, DECLARATION OF POLICYAND DEFINITION OF TERMS
xxx
Section 2. Declaration of State policy. lt is the policy of the State
to maintain peace and order and protect the -people against violence. The
state also recognizes the right of its qualified citizens to self-defense
through, when it is the reasonable means to repel the unlawful aggression
under the circumstances, the use of firearms. Towards this end, the
state shall provide for a comprehensive law regulating the ownership,
possession, carrying, manufacture, dealing in and importation of
firearms, ammunition, or parts thereof, in order to provide legal support
to law enforcement agencies in their campaign against crime, stop the
proliferation of illegal firearms or weapons and the illegal manufacture of
firearms or weapons, ammunition and parts thereof.
Section 3. Definition of Terms. As used in this Act:
- over to the FEO of the PNP.
(a) Accessozes refer to parts of a firearm which may enhance
or increase the operational efficiency or accuracy of a firearm but will
not constitute any of the major or minor internal parts thereof such as,
but not limited to, laser scope, telescopic sight and sound suppressor or
silencer.
(b) Ammunition refers to a complete unfixed unit consisting of a
bullet, gunpowder, cartridge case and primer or loaded shell for use in
any firearm.
(c) Antique firearm refers to any: (1) firearm which was manu_
factured at least [75] years prior to the current date but not including
746
ol tlto
replicas; (2) firearm which is certified by the National Mttsctltlt
Philippinestobecurioorrelicofmuseuminterest;arrtl(3)anyotlrcr
firearm which derives a substantial part of its monetary value from the
fact that it is novel, rare, bizarre or because of its association with somc
historical figure, period or event.
(d) Arms smuggling refers to the import, export, acquisition' sale'
delivery, movement or transfer of firearms, their parts and components
andammunition,fromoracrosstheterritoryofonecountrytothatof
another country which has not been authorized in accordance with
domestic law in either or both country/countries'
Chief
(e) Authority to import refers to a document issued by the parts'
of the ipttpl auttrorizing the importation of firearms, or their
ammunition and other comPonents.
(f) Authorized dealer refers to any person, legal entity' corpo-
Explosive Orice ireol of the PNP to engage in the business of buying
and selling ammunition, firearms or part thereof, at wholesale or retail
basis.
(S) Authorized importer refers to any person, legal entity' corpo-
ration,partnershiporbusinessdulylicensedbytheFEoofthePNPto
engage'in the business of importing ammunition and firearms, or
parts
ttreieot into the territory of the Republic of the Philippines for purposes of
sale or distribution under the provisions of this Act'
(h) Authorized manufacturer refers to any person' legal entity'
or partnership duly licensed by the FEO of the PNP to
or
engage in the business of manufacturing firearms, and ammunition
"orpoiriion,
parts thereof for purposes of sale or distribution'
(i) Confiscated firearm refers to a firearm that is taken into
custodybythePNB[NBl],[PDEA],andallotherlawenforcementagencies
ny reaion of their manoite and must be necessarily reported or turned
fi) Demilitarized firearm refers to a firearm deliberately made
incapi6te of performing its main purpose of firing a projectile'
(k) Duty detail order refers to a document issued by the juridical
entity o, empioy". wherein the details of the disposition of firearm
is sielled-oui, thus indicating the name of the employee' the firearm
infoimation, the specific duration and location of posting or assignment
to
and the authorized bonded firearm custodian for the iuridical entity
whom such firearm is turned over after the lapse of the order'
(l) Firearm refers to any handheld or portable weapon' whether
a bullet'
, rr"ii arm or light weapon, that expels or is designed to expelmeans of
shot, slug, missile or any projectile, which is discharged by
 r
N( )'l'l,l:i AN I ) ( lASl,)S ( )N t-ll,l,l('l/\ t, I'l,tN/\ t, t,AWS
expansive force of gases from burning gunpowder or other form of
combustion or any similar instrument or implement. For purposes of this
Act, the barre!, frame or receiver is considered a firearm.
(m) Firearms lnformation Managemenf Sysfern (F[MS) refers to
the compilation of all data and information on firearms ownership and
disposition for record purposes.
(n) Forfeited firearm refers to a firearm that is subject to forfeiture
by reason of court order as accessory penalty or for the disposition by
the FEo of the PNP of firearms considered as abandoned, surrendered,
confiscated or revoked in compliance with existing rules and regulations.
(o) Gun club refers to an organization duly registered with and
accredited in good standing by the FEo of the pNp which is established
for the purpose of propagating responsible and safe gun ownership,
proper appreciation and use of firearms by its members, for the purpose
of sports and shooting competition, self-defense and collection purposes.
(p) Gunsmith refers to any person, legal entity, corporation,
parlnership or business duly licensed by the FEO of the pNp to engage in
thc business of repairing firearms and other weapons or constructing or
assembling firearms and weapons from finished or manufactured parts
thereof on a per order basis and not in commercial quantities or of making
minor parts for the purpose of repairing or assembling said firearms or
weapons.
(q)
lmitation firearm refers to a replica of a firearm, or other device
that is so substantially similar in coloration and overall appearance to
an existing firearm as to lead a reasonable person to believe that such
imitation firearm is a real firearm.
(r) Licensed citizen refers to any Filipino who complies with
the qualifications set forth in this Act and duly issued with a license to
possess or to carry firearms outside of the residence in accordance with
this Act.
(s) Licensed juridical entity refers to corporations, organizations,
businesses including security agencies and [LGUs] which are licensed to
own and possess firearms in accordance with this Act.
(t) Light weapons are: Class-A Light weapons which refer to
self-loading pistols, rifles and carbines, submachine guns, assault rifles
and light machine guns not exceeding caliber 7.62MM which have fully
automatic mode; and Class-B Light weapons which refer to weapons
designed for use by two (2) or more persons serving as a crew, or rifles
and machine guns exceeding caliber 7.62MM such as heavy machine
guns, handheld under barrel and mounted grenade launchers, portable
anti-aircraft guns, portable anti-tank guns, recoilless rifles, portable
launchers of anti-tank missile and rocket systems, portable Iaunchers of
anti-aircraft missile systems, and mortars of a caliber of less than 100MM.
:it,t,t('lAl, l'l,lNAl, l,AWFi
li A NO. lOfrl)l
(u) Long certificate of registration refers to licenses issued to
government aglncies or offices or [GOCCs] for firearms to be used by
iheir officials ind employees who are qualified to possess firearms
as
provider in this Act, excluding security guards'
(v) Loose firearm refers to an unregistered firearm' an obliterated
or altlied firearm, firearm which has been lost or stolen' illegally
of an
manufactured firearms, registered firearms in the possession
individual other than ttre ltensee and those with revoked licenses
in
accordance with the rules and regulations'
(w) Maior part or components of a firearm refers to the barrel' slide'
trame, receiver, cylinder or the bolt assembly' The term also
includes any
;; "; kit designld and intended for use in converting a semi-automatic
burst to a full automatic firearm-
(x) Minor parts of a firearm refers to the parts of the firearm other
thanthemajorpartswhicharenecessarytoeffectandcompletetheaction
oi expelring a projectile by way of combustion, except those classified
as
accessories.
written
U) Permit to carry firearm outside of residence refers to a entitles
auttroiiiy issued to a licensed citizen by the Chief of the PNP which
p"iron to carry [his] registered or lawfully issued firearm outside of
"r"t,
the residence for the Ourition and purpose specified in the authority.
(zlPermittotransportfirearmre.felstoawrittenauthorityissued
Regional
to a licensed citizen or entity by the Chief of the PNP or by a PNP
Director which entitles such person or entity to transport a
particular
purpose in
firearm from and to a specific location within the duration and
the authoritY.
(aa) Residence refers to the place or places of abode of the licensed
citizen as indicated in [his] license'
(bb)Shootingrangereferstoafacilityestablishedforthepurpose
well as
of firearms training andskilts development, firearm testing, as
forsportsandcompetitionshootingeitherfortheexclusiveuseofits
.,"rL"r= or open to ihe general public, duly registered with and accredited
in good standing by the FEO of the PNP'
(cc)Shortcertiftcateofregistrationreferstoacertificateissuedby
the FEO of the pNp for a governrient official or employee who
was issued
by his/her employer, depirtment, agency or [GOCC] a firearm covered by
the long certificate of registration.
(dd) Smatl arms reler to firearms intended to be or primarily
to mean
oesigned tor individual use or that which is generally conside.red
awe-aponintendedtobefiredfromthehandorshoulder'whicharenot
capaUie of fully automatic bursts of discharge, such as:
(1) Handgun which is a firearm intended to be fired from the
hand, which includes:
 N( )',1'l,ti.r /\Nt) ( ( )N :;t,t,t('t;\t, t,t,tN;\t, t,r\ws
",\st,tti Sl'l,l(lln l,l'l,lNAL l,n WS
It.A NO. t05sI

(i) A pistol which is a hand-operated firearm having

a chamber integral with or permanenfly aligned with the bore (b) The applicant has passed the psychiatric test administered by
which may be self-loading; and a PNP-accredited psychologist or psychiatrist;

(ii) Revolver which is a hand-operated firearm with (c) The applicant has passed the drug test conducted by an
a and authorized drug testing laboratory or clinic;
revolving cylinder containing chambers for individual ""crediied
cartridges. (d) The applicant has passed a gun safety seminar which is
(2)Rifle which is a shoulder firearm or designed to be fired adminisiered by the PNP or a registered and authorized gun club;
from the shoulder that can discharge a bullet through a rifled barrel (e) The applicant has filed in writing the application to possess
of the
by different actions of loading, which may be classified as lever, a regiitered firearm which shall state the personal circumstances
bolt, or self-loading; and applicant;
(3) Shotgun which is a weapon designed, made and intended (f)Theapplicantmustpresentapoliceclearancefromthecityor
to fire a number of ball shots or a single projectile through a smooth municipalitY Police office; and
bore by the action or energy from burning gunpowder.
(S) The applicant has not been convicted or is currently an
(ee) Sports shooting competition refers to a defensive, precision in a pend-ing criminal case before any court of law for a crime
or practical sport shooting competition duly authorized by the FEO of the """r"Ll
that is punishable with a penalty of more than [2] years'
PNP.
For purposes of this Act, an acquittal or permanent dismissal of a
(ff) Tampered, obliterated or altered firearm refers to any firearm criminal cassbefore the courts of law shall qualify the accused thereof
to
whose serial number or other identification or ballistics characteristics qualify and acquire a license.
have been intentionally tampered with, obliterated or altered without
The applicant shall pay the reasonable licensing fees as may
be
authority or in order to conceal its source, identity or ownership. of this Act.
provided in tire implementing rules and regulations
(SS) Thermal weapon sighf refers to a battery operated, uncooled juridical
thermal imaging device which amplifies available thermal signatures An applicant who intends to possess a firearm owned by a
entity shail submit his/her duty detail order to the FEO of the PNP.
so that the viewed scene becomes clear to the operator which is used
to locate and engage targets during daylight and from low light to total Section 5. Ownership of Firearms and Ammunition by a Juridical
darkness ancl operates in adverse conditions such as light rain, light Entity. A iuridical person maintaining its own security force may be
snow, and dry smoke or in conjunction with other optical and red dot -
lssueoaregularlicensetoownandpossessfirearmsandammunition
sights. under the following conditions:
(a) lt must be Filipino'owned and duly registered with the
ARTICLE II
Securities and Exchange Commission (SEC);
OWNERSHIP AND POSSESSION OF FIREARMS
(b) lt is current, operational and a continuing concern;
Srrctitrr 4. .St;rrrdards and Requisites for Issua nce of and Obtaining a (c)lthascompletedandsubmittedallitsreportorialrequirements
I lr:rrrsrr lrt Qwrt lrrrl Possess Firearms. to qualify and acquire
rr lk:onno lo own ;rrrd possess a firearm - lnororder
firearms and ammunition,
to the SEC; and

llro rrlrplk:rrrrl rrrrrsl hc a Filipino citizen, at least [21] years old and has (d) lt has paid all its income taxes for the yea1 as duly certified by
llrrllrfurl work, or.r:rrp;rlion or business or has filed an lncome Tax Return
the [BlR].
(l-lll) krr llro pror;orllrrll year as proof of income, profession, business or Theapplicationshallbemadeinthenameofthejuridicalperson
as
occrrllnlklrt= represented by its president or any of its officers mentioned below
authori=eo in a board resolution to that effect: Provided, That the
Irr atldltlon, tlro applicant shall submit the following certification duly
issued by appropriato arrthorities attesting the following: omcerapplyingforthejuridicalentity,shallpossessallthequalifications
required of i citizen applying for a license to possess firearms'
(a) Thc applicarrt has not been convicted of any crime involving othercorporateofficerseligibletorepresentthejuridica|person
moral turpitude;
are: the vice president, treasurer, and board secretary'
 5l'l,j( ll,\1, l'l')NAl, l,i\WS
t,lr N()'t't,ts ANt) (r^st,tFi ()N tlt,t,t|tAt, t,t,tNAt, t,Aws
li.r\ N() lolrlrl

individual may be issued

determined by the Chief of the PNP, a qualified
the appropriaie license under the following categories:
Security agencies and LGUs shall be included in this category of
licensed holders but shall be subject to additional requirements as may a citizen to own and possess a
be required by the Chief of the PNP. Type 1 license - allows
registered firearms;
maximum of [2]
Section 6. Ownership of Firearms by the National Government.
All firearms owned by the National Government shall be registered with - Type 2 license - allows a citizen to own and possess a

maximum of[5] registered firearms;

the FEO of the PNP in the name of the Republic of the Philippines. Such
possess
Type 3 llcense - allows a citizen to own and
a
registration shall be exempt from all duties and taxes that may otherwise I

be levied on other authorized owners of firearms. For reason of national maximum of [10] registered firearms;
security, firearms of the [AFP], Coast Guard and other law enforcement to own and possess a
agencies shall only be reported to the FEO of the PNP. Type 4 license - allows a citizen
maximlm of [15] registered firearms; and
Section 7. Carrying of Firearms Outside of Residence or Place of allows a citizen' who is a certified gun
Type 5 license-
Business. A permit to carry firearms outside of residence shal! be firearms'
collector, to own and possess more than [15] registered
issued by -the Chief of the PNP or [his] duly authorized representative
secured by
to any qualified person whose life is under actual threat or [his] life is For Types 1 to 5 licenses, a vault or a container
measures for the safekeeping of
in imminent danger due to the nature of [his] profession, occupation or lock and key or other security
business. firearms shall be required'
with the
It shall be the burden of the applicant to prove that [his] Iife is under For Types 3 to 5 licenses, the citizen must comply
actual threat by submitting a threat assessment certificate from the PNP. inspection and bond requirements'
sm.a-ll arms
For purposes of this Act, the following professionals are considered section 10. Firearms That May Be Regisfered. juridical
--o..nlv. entities for
to be in imminent danger due to the nature of their profession, occupation may be registered by licensed citiie-ns. or licensed
or business: o*i"itt ipi po="""=ion and concealed carry' A light y"1P3I shall be
AFP' the PNP and other
(a) lawfully acquired o, p*"L"""d exclusively by the
Members of the Philippine Bar; authorized by the President in the performance
law enforcement agencies
(b) of their duties: Provided, That privaie individuals who already have
Certified Public Accountants;
li""n""=topossessGlass-AlightweaponsupontheeffectivityofthisAct
(c) AccreditedMediaPractitioners; shall not be deprived of the prlvitege to continue
possessing the same
I

(d) Cashiers, Bank Tellers; andrenewingthelicensestherefor,forthesolereasonthatthesefirearms

areclass..A,,light*",pon",andshallberequiredtocomplywithother
(e) Priests, Ministers, Rabbi, lmams; applicable provisions of this Act'
(f) citizen or
Physicians and Nurses; Section 11. Registration of Firearms' - The licensed purchased
register his/her/its firearms so
(S) Engineers; and licensed juridical
with the FEO of tne it'lp in acCordance with the type of license such
"rriiy-rn"ll
(h) possesses' A certificate of
Businessmen, who by the nature of their business or under- licensed citizen o, il""nt"J iuridical entity
upon payment of reasonable
lnklrrg, are exposed to high risk of being targets of criminal elements. ,"gi"iotion of the firearm strall be issued
fees.
For purposes of this Act, registration refers to the
ARTICLE III application'
anO monit6.ring of firearms with the FEO of the
REGISTRATION AND LICENSING approval, record-keeping person under
pNp in accordance *iflitn" type of license issued to any
Soctlon B. Authority fo Issue License. Chief of the PNR Section 9 of this Act.
- The
through the FEO of the PNfl shall issue licenses to qualified individuals mmunition Necessarily lncluded'
and to cause the registration of firearms.
Section 12' Licensefo Possess A -
Thelicensesgrantedtoqualifiedcitizensorjuridicalentitiesasprovided
possess ammunition
Section 9. Liccnses Issued to lndividuals. Subject to the in Section 9 of this Act slralt include the license to
-
requirements set forth in this Act and payment of required fees to be
 li,l N()'l'l,lii/\Nt)('Aljt,ls()Nfil,t,t(,lAt,t,t,iN,\t,t,i\Wii
Sl'l,l('lr\1, l'l')Nr\1, l,AWs
li.A. N(). lolrlrl

witlr a rnaximum of [50] rounds for each registered firearm: provided,

The authority to subcontract the manufacturing of parts
and
That the FEo of the PNP may allow more ammunition to be possessed by (c) is liconsed
accessories necessary fbr the firearms which the manufacturer
licensed sports shooters. parts or major
to manufact ure: Provide4 That the subcontractor of major
section 13. Issuance of License to Manufacture or Deal ln Firearms is also licensed to manufacture firearms and ammunition;
and Ammunition. Any person desiring to manufacture or deal in "onlpon"nt'
and
firearms, parts of -firearms or ammunition thereof, or instruments and -firearm
implements used or intended to be used in the manufacture of firearms, (d) The authority to import -machinery, equipment' and
thereof' Firearm
parts of firearms or ammunition, shall make an application to: parts anA ammunition cbmponents for the.manufacture
p".t" irO ammunition components to be imported shall' however'
(a) The Secretary of the Department of the lnterior and Local belimitedtothoseauthorizedtobemanufacturedasreflectedinthe
Government (DILG) in the case of an application for a license to manufac- ;pp;;;; License to Manufacture. The lmport permit shail be under the
ture; and administration of the PNP.
(b) The Ghief of the PNP in the case of a license to deal in firearms Alicensedmanufacturerofammunitionisalsoentitledtoimport
and firearms parts, ammunition and gun repair. various reference firearms needed to test the ammunition manufactured
of firearms'
unJer ttre License to Manufacture. A licensed manufacturer
The applicant shall state the amount of capitalization for manufacture on the other hand, is entitled to import various firearms
for reference, test
or cost of the purchase and sale of said articles intended to be transacted for manufacture oi similar types of firearms covered by
and evaluation
by such applicant; and the types of firearms, ammunition or implements the License to Manufacture.
which the applicant intends to manufacture or purchase and sell under the
An export permit shall, however, be necessary to export.manufac-
license applied for; and such additional information as may be especially
turedpartsortnislreoproductsoffirearmsandammunition.TheExport
requested by the Secretary of the DILG or the Chief of the pNp.
Permitoffirearmsand.ammunitionshallbeundertheadministrationof
The Secretary of the DILG or the Chief of the pNp may approve or the PNP.
disapprove such application based on the prescribed guidelines. ln the Sectionls.RegistrationofLocallyManufacturedandlmported
case of approval, the secretary of the DILG or the chief of the pNp shall m-anufacturers and importers of firearms and major
indicate the amount of the bond to be executed by the applicant before
Firearms.
- Local
parts thereof shall register the same as follows:
the issuance of the license and the period of time by which said license
shall be effective, unless sooner revoked by their authority.
(a) For locally manufactured firearms and major parts thereof' the
initial registration shall be done at the manufacturing facility:
Provided'
Upon approval of the license to manufacture or otherwise deal in Thatfirearmsintendedforexportshallnolongerbesubjectedtoballistic
firearms by the secretary of the DILG or the chief of the pNp as the case identification Procedures; and
may be, the same shall be transmitted to the FEo of the pNp which shall (b) For imported firearms and malor parts thereof'-the.registration
issue the license in accordance with the approved terms and conditions,
shall be done upon arrival at the FEO of the PNP storage
facility'
,pon the execution and delivery by the applicant of the required bond The License
conditioned upon the faithful compliance on the part of the licensee to the Section 16. License and Scope of License to Deal' -
purchase, jale and genera-l business in handling
laws and regulations relative to the business licensed. to Deal authorizes the
and ammunition, major and minor parts of firearms, accessories,
firearms
shall be issued
Scction 14. Scope of License to Manufacture Firearms and spare parts, components, anO reloading machines' which
Arttt,ttttitiotr.
- The
irrrrrrrrrrrilion shall
scope of the License to Manufacture firearms and
also include the following:
by the Chief of the PNP.
The
Section 17. License and Scope of License for Gunsmiths' -
(.,r) The authority to manufacture and assemble firearms, ammuni- licenseforgunsmithsshallallowthegranteetorepairregisteredfirearms. or
tro., !iparo parts and accessories, ammunition components, and reload- The licens6 shall include customizition of firearms from finished
ing of arrrrnunitions, within sites, areas, and factories stated therein. The manufacturedpartstt,"."otonperorderbasisandnotincommercial trigger
Secrotary of tho DILG shall approve such license; qr"ntiti"t and making the minoiparts thereof i'e'' pins' triggers'
foittre purpose of repairing the registered
Uows, sights and theiife onty
(b) The ticense to deal in or sell all the items covered by the firearm. The license tor gunsmlttrs strait be issued by the
chief of the PNP.
License to Manufacture, such as parts, firearms or ammunition and
components; Sectionls,FirearmsforllselnsportsandCompetitions,_A
qualified individual shall apply for a permit to transport [his] registered
 st,l,)( llAl, l'1,)NAl, l,AWl'j
N( )',t't,lFi A N | ) ( lAl-il,lfi ( )N sl'1,)( llA l, l'l,lNAl, I,AWS ll.A. NO' lofll)l

the Collector of Customs

firearm/s from [his] residence to the firing range/s and competition sites shall deposit the same upon written receipt with
of the PNP for safekeeping' or for the issuanco of
as may be warranted. for delivery to the FEO
in a spgrt-s shooting
, p"*it to transport if the person is a competitor and the party in
competition. lf the importation of the s-ame is allowed
Section 19. Renewal of Licenses and Registration.
- All types of
licenses to possess a firearm shall be renewed every [2] years. Failure to desires to outain a domestic firearm license' the same should
;;;i;;
renew the license on or before the date of its expiration shall cause the beundertakeninaccordancewiththeprovisionsofthisAct.lfnolicense
firearm or ammunition in
revocation of the license and of the registration of the firearm/s under is desired or leave to import is not granted' the
said licensee. qr""ii"" shall remain in it e custoay of the FEO of the PNP until otherwise
disposeO of inaccordance with law'
The registration of the firearm shall be renewed every [4] years.
Departure from the
Failure to renew the registration of the firearm on or before the date of Section 23. Return of Firearms to Owner upon
expiration shall cause the revocation of the license of the firearm. The Upon the departure from the Philippines of any person
Philippines.
said firearm shall be confiscated or forfeited in favor of the government
-
whose firearm or ammunition is in the custody of the FEO of the PNB
to the person through
after due process. the same shall, upon tir"ly t"qu"tt, be delivered

The failure to renew a license or registration within the periods thecollectorofcustoms.-lnthecaseofaparticipantin.alocalsports

presented to the.Collector of
shooting competition, the firearm must be.
stated above on [2] occasions shall cause the holder of the firearm to on board the carrier on
Customs before the same is allowed to be loaded
be perpetually disqualified from applying for any firearm license. The
which the Person is to board'
application for the renewal of the license or registration may be submitted
Any
to the FEO of the PNE within [6] months before the date of the expiration Section 24. Safekeeping of Firearms and Ammunition' -or any
firearm to the FEO of the PNB
of such license or registration. licensee may deposit a registired
police Regional oftice ior lafekeeping. Reasonable fees for storage shall
Ghief of the PNP
Section 2O. lnspection and lnventory.
- Thethe
or [his] authorized representative shall require submission of be imPosed.
Any firearm or
reports, inspect or examine the inventory and records of a licensed man' Section 25- Abandoned Firearms and Ammunition' - pursuant to
ufacturer, dealer or importer of firearms and ammunition during reason- the custody of the FEO of the PNP
ammunition deposited in by the
have been abandoned
able hours. the provisions of this Act, shall be deemedlo the same
failed to reclaim
owner or [his] authorizei representative if [he] to
FEO of the PNP of the disposition
ARTICLE IV ;thi, ISI yeais or faiteJ to advise the PNP may dispose of the same
be made thereof. Thereafter, the FEO of the
ACQUISITION, DEPOSIT OF FIREARMS, ABANDONED,
DEMILITARIZED AND ANTIQUE FIREARMS after compliance with established procedures'
the death or
section 26. Death or Disability of Licensee. - Upon
Section 21. Acquisition or Purchase and Sale of Firearms and of fireirm license, it shall be the duty of [his]
legal disability of the holder a
Ammunition and ammunition may only be acquired or
purchased from - Firearms
authorized dealers, importers or local manufacturers
nextofkin,nearestrelative,legalrepresentative'orotherpersonwho
or ammunition' to
posslssion of such firearm
shall knowingly
the same "or"l,to
nnd may be transferred or sold only from a licensed citizen or licensed to ttre rio'or tne pNp or office, and such
police Regional
deliver pending
police custodian
Jrrrklical ontity to another licensed citizen or licensed juridical entity: firearm or ammunition shall be retained by the
Pravlcled, That during election periods, the sale and registration of theissuanceotalicenseanditsregistrationinaccordance,withthisAct.
within [6] months after the
flrsnrrnn and ammunition and the issuance of the corresponding licenses The failure to Oeliver tfre firearm or immunition
shall render the possessor liable
to cltlzons shall be allowed on the condition that the transport or delivery death or legal disaoiliiy ot tt," ti""nree
tlroroof *lrall strlctly comply with the issuances, resolutions, rules and for illegal possession of the firearm'
rogulntlons promulgated by the COMELEC.
Section 27, Antique Firearm. _ Any person who.possesses
an
Soetlon 22. Deposit of Firearms by Persons Arriving From Abroad. same and secure a collector's license
antique firearm shall register the
A porson arrlvlng in the Philippines who is legally in possession of any from the FEO of the pup]piop"r of antique firearm shall.be strictly
-flroarm or nmmunltlon in [his] country of origin and who has declared the "torage be considered as illegal
imposed. Noncompiian"" oitnl" provlsion shall
oxlstonco of tho flroarm upon embarkation and disembarkation but whose possession of the firearm as penalized in this Act'
flrearm le not rogletorod in the Philippines in accordance with this Act

158 NOTES AND CASES ON SPECIAL PENAL I,AWS
ARTICLE V
PENAL PROVISIONS
Section 28. Unlawful Acquisition, or Possession of Firearms and
Ammunition
- The unlawful acquisition, possession of firearms and
ammunition shall be penalized as follows:
(a) The penalty ol prision mayor in its medium period shall be
imposed upon any person who shall unlawfully acquire or possess a
small arm;
(b) The penalty ol reclusion temporal to reclusion perpetua
shall be imposed if [3] or more small arms or Glass-A light weapons are
unlawfully acquired or possessed by any person;
(c) The penalty of prision mayor in its maximum period shall be
imposed upon any person who shall unlawfully acquire or possess a
Class-A light weapon;
(d) The penalty of reclusion perpetua shall be imposed upon any
person who shall, unlawfully acquire or possess a Glass-B light weapon;
(e) The penalty of [1] degree higher than that provided in
paragraphs (a) to (c) in this section shall be imposed upon any person
who shall unlawfully possess any firearm under any or combination of the
following.conditions:
(1) Loaded with ammunition or inserted with a loaded
magazine;
(2) Fitted or mounted with laser or any gadget used to guide
the shooter to hit the target such as thermal weapon sight (TWS)
and the like;
(3) Fitted or mounted with sniper scopes, firearm muffler or
firearm silencer;
(4) Accompanied with an extra barrel; and
(5) Converted to be capable of firing full automatic bursts.
(f) ol prision mayor in its minimum period shall be
The penalty
lmBord upon any person who shall unlawfully acquire or possess a
mdor ptrt of a emall arm;
(gl Tho ponalty of prision mayor in its minimum period shall
br lmpomd upon any person who shall unlawfully acquire or possess
rmmunltlon for a amall arm or CIass-A light weapon. lf the violation of this
ptrtgruph lr commlttod by the same person charged with the unlawful
iequltltlon or possosslon of a small arm, the former violation shall be
abrorbcd by the latter;
SPICIAI PENAL I,AWS 159
R.A. NO. 10591
(h) The penalty ol prision mayor in its medium period shall be
imposed upon any person who shall unlawfully acquire or posaoss a
major part of a GIass-A light weapon;
(i) The penalty ol prision mayor in its medium period shall be
imposed upon any person who shall unlawfully acquire or possess
ammunition for a Glass-A light weapon. If the violation of this paragraph
is committed by the same person charged with the unlawful acquisition
or possession of a Class-A light weapon, the former violation shall be
absorbed by the latter;
0) The penalty ol prision mayor in its maximum period shall be
imposed upon any person who shall unlawfully acquire or possess a
major part of a Class-B Iight weapon; and
(k) The penalty oI prision mayor in its maximum period shall
be imposed upon any person who shall unlawfully acquire or possess
ammunitlon for a CIass-B Iight weapon. lf the violation of this paragraph
is committed by the same person charged with the unlawful acquisition
or possession of a Class-B light weapon, the former violation shall be
absorbed by the latter.
Section 29. use of Loose Firearm in the Commrssion of a Crime. -
The use of a Ioose firearm, when inherent in the commission of a crime
punishable under the [RPG] or other special laws, shall be considered as
an aggravating circumstance: Provided, That if the crime committed with
the use of a loose firearm is penalized by the Iaw with a maximum penalty
which is lower than that prescribed in the preceding section for illegal
possession of firearm, the penalty for illegal possession of firearm shall
be imposed in lieu of the penalty for the crime charged; Provided, further,
That if the crime committed with the use of a loose firearrn is penalized by
the law with a maximum penalty which is equa! to that imposed under the
preceding section for illegal possession of firearms, the penalty ol prlsion
mayor in its minimum period shall be imposed in addition to the penalty
for the crime punishable under the [RPC] or other speoial laws of which
[he] is found guilty.
lf the violation of this Act is in furtherance of, or incident to, or in
connection with the crime of rebellion of insurrection, or attempted coup
d' etat, such violation shall be absorbed as an element of the crime of
rebellion or insurrection, or attempted coup d'etat.
tf the crime is committed by the person without using the loose
firearm, the violation of this Act shall be considered as a distinct and
separate offense.
Section 30. Liability of Juridical Person. The penal(y of prision
mayar in lts minimum perid to prision mayor
-
in its medium period shall
be lmpoeod upon the owner, president, manager, director or other
respofislblo offleer of any public or private flrm, company, corporation
or antlty who shall wlllfully or knowlngly allow any of the flraarme owned
 NOTES AND CASES ON SPECIAL PENAL LAWS SPECIAL PENAL I,AWS
R.A. NO. 10591

obliterate or alter without authority the barrel, slide' frame'

by such firm, company, corporation or entity to be used by any person or receiver'
pL.son= found guilty of violating the provisions of the preceding section, including the name of the maker' model' or
cylinder, or bolt assembly,
or willfully or knowingly allow any of them to use unregistered firearm of fireirm, or who shal! replace without authority the
slrial number any
barrel, slide, frame, receiver' cylinder, or bolt assembly' including
or firearms without any legal authority to be carried outside of their its
residence in the course of their employment. inaiviaual or peculiar identifying characteristics essential in forensic

Section 31 . Absence of Permit to Carry Outside af Residence' - The
penalty ol prision correccional and a fine of [P10,000.00] shall be imposed
upon any person who is licensed to own a firearm but who shall carry
the registered firearm outside [his] residence without any legal authority
therefor.
section 32. Unlawfut Manufacture, lmportation, sa/e or Disposition
of Firearms or Ammunition or Parts Thereof , Machinery, Tool or lnstrument
lJsed or lntended to be lJsed in the Manufacture of Firearms, Amrnunition
or Parts Thereof. * The penalty ol reclusion temporal to reclusion
perpetua shall be imposed upon any person who shall unlawfully engage
in the manufacture, importation, sale or disposition of a firearm or
ammunition, or a major part of a firearm or ammunition, or machinery,
tool or instrument used or intended to be used by the same person in the
manufacture of a firearm, ammunition, or a major part thereof'
The possession of any machinery, tool or instrument used directly
in the manufacture of firearms, ammunition, or major parts thereof by any
person whose business, employment or activity does not lawfully deal
with the possession of such article, shall be prima facie evidence that
such article is intended to be used in the unlavrrful or illegal manufacture
of firearms, ammunition or parts thereof.
The penalty ol prision mayor in its minimum period to prision
mayorin its medium period shal! be imposed upon any laborer, worker or
e11itoye" of a licensed firearms dealer who shall unlawfully take, sell or
otherwise dispose of parts of firearms or ammunition which the company
manufactures and sells, and other materials used by the company in the
manufacture or sale of firearms or ammunition. The buyer or possessor of
such stolen part or materiat, who is aware that such part or material was
stolen, shall suffer the same penalty as the laborer, worker or employee.
lf the violation or offense is committed by a corporation, partnership,
nraoclatlon or other juridical entity, the penalty provided for in this
eocilolr ehall be imposed upon the directors, officers, employees or other
offlclala or poraons therein who knowingly and willingly participated in
tho unlawful act.
penalty of reclusion perpetua
Soctlort 33. Arms Smuggling.
- The
rhelll bo llnpoeod upon any person who shall engage or participate in
armi ;muggllng ae doflned in this Act.
$octlon 34" Tamperlng, Ohtiteration or Alteration of Firearms
tdanllflcatloil. -:= Tho ponalty of prision correccional lo prision mayor in
Itc mlnllnum porlocl rhall bo lmpoeod upon any person who shall tamper,
examination of a firearm or light weapon'
ThePNPshallplacethisinformation,includingitsindividual
or peculiar identifying characteristigs in-to. the database of integrated
use
future
firearms identification-system of the PNP Crime Laboratory for
and identification of a particular firearm'
Section35.UseofanlmitationFirearm._Animitationfirearmused
in the commission of a crime shall be considered a real firearm
as defined
inthisActandthepersonwhocommittedthecrimeshallbepunishedin
accordance with this Act: Provide4 That injuries caused on the
occasion
of the conduct of competitions, sports, games, or any recreation activities
invotvingimitationfirearmsshallnotbepunishableunderthisAct.
Section 36. ln Custodia Legis' - During the pendency of any
case
firearm, ammunition, or parts thereof'
filed in violation of this Act, seized
tools or instruments shall remain in the custody of the court'
lf
machinery
keep the same'
the court decides that it has no adequate means to safely
thecourtshal!issueanordertoturnovertothePNPCrimeLaboratorysuch
in
firearm, ammunition, or parts thereof, machinery' tools or instruments
its cusiody during the pendency of the case and to produce the same to
-bond
shall be admitted for the release of
the court when so ordered. No
machinery' tool or instrument'
in" tr""rr, ammunition or parts thereof,
Any violation of this paragraph shall be punishable by prision mayorinlls
minlmum period to prision mayor in its medium period'
Section3T.confiscationandForteiture._Theimpositionofpenalty
penalty of
for any violation of this Act shall carry with it the accessory
of the firearm, ammunition' or parts thereof'
confistation and forfeiture
or instrument in favor of the government which shall be
machinery, tool
disposed of in accordance with law.
Section3S.LiabitityforPlantingEvidence._Thepenaltyolprision
person who
mayor in its maximum period shall be imposed upon any
ehil witttully and maliciously insert, place, and/or attach, directly or
or
lndlrectly, thiough any overt oi covert act, any firearm' or ammunition'
parts thereof in ifre p6r"on, house, effects, or in the immediate vicinity
of
anlnnocentindividualforthepurposeofimplicatingorincriminatingthe
peraon, or imputing the commission of any violation of the provisions
of
inl" A"t to said individual. tf the person found guilty under this paragraph
penalty of
la a publlc officer or employee, such person shall suffer the
racluslon Perqetua.
soctlon 39. Grounds for Revocation, cancellation or suspenslon
ol Llconso or Permit. The Chief of the PNP or [hie] authorlzed
-
 T63
162 NOTES AND CASES ON SPECIAL PENAL I"AWS STBCIAL PENAI,I,AWg
B.A- NO. 10691

or light weapona ane

rrprssontatlve may revoke, cancel or suspond a llcenso or psrmli on tho ffrearms, ammunltlon or malor parts of fireams
any law enf?rc-eme.nt
followlng grounds: untarrfrrtly dieposedn sold or transferred by :sent
private ttre penilU oJ rectusion ,F,mpo,rat
or public offieer to individuals,
(a) Commlssion of a crime or offense involving the firearm, shall be imposed.
ammunltion, or major parts thereof; who shall-facilitate
Any public officer or employee or any pe]sol
(b) Gonviction of a crime involving moral turpitude or any offense misrepreentation
the registration of a fircarm through ftaud- deceit' penaltyr of yision
where the penalty carries an imprisonment of more than [6] years; the
or submission of falsified documents shal sufrer
(c) Loss of the firearm, ammunition, or any parts thereof through cptrreccianal
negligence;
ARTICLEVI
(d) Carrying of the firearm, ammunition, or major parts thereof
outside of residence or workplace without the proper permit to carry the FINAL PROVISIO]'IS
same;
Fircarms Reposibry-- the FEo of
the PNP shall be
(e) Section 472.
Carrying of the firearm, ammunition, or major parts thereof in imported and locally
the sole rcpository ortiit*arfrt te"J,u" to include
prohibited places; year upon approval of
manufacturcd fircarms and ammunition- Uuithin [tt agencies'
(f) Dismissal for cause from the service in case of government govemment
tfris Act, all military and law enforcement agencies' and
of all their fi:earms
officialand employee; LGUs and [GoGcs] shall submit an inventory
(S) Gommission of any of the acts penalized under [R.A.t No. ammunition to the PNP.
9165, othenivise known as the "Comprehensive Dangerous Drugs Act of possession:1]l^t91"**d
2002; - Pesons in
Section 4i!. Final Amne.sfy.
firearms and hotders of expired license or unregistered
fircarms- shall
Amnesty within [61
(h) Submission of falsified documents or misrepresentation in register and rcnew ure same through tfre Final Generat
months ftom the promulgation of the implcm6nting
rule and rcgulations
the application to obtain a license or permit; no pe]son applying for
of this Act During the interim period of [6t months'
(i) Noncompliance of reportorial requirements; and accruing to thg.firearm
ticense shall be charyed of any delinquent payment
an intensive nationwide
(j) subiect for registrati;;.;h"-'PF =r,ri
By virtue of a court order. "Jni'dproperly informed of the
campaign to ensure that the general public is
Section 4O. Failure to Notify Lost or Stolen Firearm or Light Weapon. provisions of this Act-
of [Pl0,000.00] shallbe imposed upon any Iicensed firearm holder [120] days
-Afine SxxJ|ion4- tmplenenting Rules and Rqulatuns'-Within
who fails to report to the FEO of the PNP that the subject firearm has been after public h:arings
from the effectivity of thisAct, the Ghief of the PNB the
lost or stolen within a period of [30] days from the date of discovery. societr shall formulah
and consultation *lur-coice;J;."to* of of
effEctive implementation
Likewise, a fine of [P5,000.00] shall be imposed upon any person neGessary rules and rcgulations for the of genera!
newspape]s
holdlng a valid firearm license who changes residence or office address this Act to be published in at least [2] nafional
othrr than that indicated in the license card and fails within a period of circulation.
[80] daya from said transfer to notify the FEO of the PNP of such change 1' 2' 5
Section Repaling Clause-- This Act repeals Sections
#. 8294
of rddrora. 6 of tR'A"l No-
and 7 of [P-D.l Ho. 1865, as amended, and Section issuances'
instruction'
Srctlon 41, lllegal TransferlRegistration of Fireanns. - It shall be and all other larrs, executive orders, letters of
that are inconsistent
unlrwlul lg transfor possession of any firearm to any person who has not circulas, administrative orderc, rules or regulations
yS ohhlnld or tecured the necessary license or permit thereof. herewith.
Thr prnrlty of prision correccional shall be imposed upon any Section 46. SePnNlitY Clause
- x:xt
patlon who ahtl! vlolate the provision of the preceding paragraph. ln
sec.tion 17. This Act shalt take effiect-atur
Ewivity.- flfl days
rddlilon, lhrl rhrll bc dlaqualified to apply for a license to possess other cilculation'
from lts publication in a newspaper of nationwide
flnrrmt rnd dl [hlrl exletlng firearms licenses whether for purposes
of commtrca or pottoa*lon, ehall be revoked. !f government-issued
In4 I{OTD${ AND OASTTS ON SI}ISOIAL IJIi]NAI,I,AWS
PRESIDENTIAL DEGREE NO. 1866, as amended
By R.A. No.8294
(Bracketed provisions were repealed by R.A. 10591; provision relating to
explosive not repealed)
[SECTION 1. Section 1, Presidential Decree No. 1866, as
amended,
is hereby further amended to read as follows:
llnl awfuI manufactu re,salg acguis ition, disposi-
"SECTION 1.
tion or possession of firearms or ammunition or instrumenfs used
ar intended to be used in the manufacture of firearms or ammuni'
tion.-Thepenaltyolprisioncorreccionalinitsmaximumperiod
and a fine of not less than Fifteen thousand pesos (P15,000) shall be
imposed upon any person who shall unlawfully manufacture, deal
in, acquire, dispose, or possess any low powered firearm, 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 ammuni-
llon: Provide4 That no other crime was committed.
'iThe penalty ol prision mayorin its minimum period and a fine
of Thirty thousand pesos (P30,000) 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
.+0,.1'l,.44,.4Sandalsolessercaliberedfirearmsbutconsidered
powerful such as caliber .357 and caliber .22 center-fire magnum
ind other firearms with firing capability of full automatic and by
burst of two or three: Provided, howeven That no other crime was
committed bY the Person arrested.
homicide or murder is commifted with the use of an
"lf
unlicensed firearm, such use of an unlicensed firearm shall be
considered as an aggravating circumstance.
,,lf the violation of this section is in furtherance of or incident
to, or in connection with the crime of rebellion or insurrection,
eedition, or attempted coup d'etat, such violation shall be absorbed
a* an element of the crime of rebellion, or insurrection, sedition, or
attomPted couP d'etat.
"The same penalty shall be imposed upon the owner, president,
managor, director or other responsible officer of any public or
prlvate firm, company, corporation or entity, who shall willfully or
itnowlngly allow any of the firearms owned by such firm, company'
corporatlbn or entity to be used by any person or persons found
gulity of vlolating tfte provisions ot ttre preceding paragr-aphs or
ulruuy or knowingly allow any of them to use unlicensed firearms
or flrearms wlthout any legal authority to be carried outside of their
resldonco ln the course of their employment.
IIPECIAL PIIINAL I"AWS 166
P.I) NO. 1I]66, AS AMI:NDIID IiY Ii,A. NO. Ii294
"The penalty of arresto mayor shall be imposed upon any
per$on who shall carry any licensed firearm outside his residence
without legal authority therefor."l
SEC. 2. Section 3 of Presidential Decree No. 1866, as amended, is
hereby further amended to read as follows:
"SEG. 3. Unlawful manufacture, sale, acquisition, disposition
orpossessfon of explosives. The penalty oI prision mayor in its
-
maximum period to reclusion temporal and a fine of not less than
[P50,000] 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 timited 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
[RPC] 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
circumstance.
"tf 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
firm, company, corporation or entity, to be used by any person or
persons found guilty of violating the provisions of the preceding
paragraphs." (Not Repealed)
ISEC. 3. Section 5 of Presidential Decree No. {866, as amended, is
hereby further amended to read as follows:
"SEC. 5. Tampering of firearm's serial number. - The penalty
ol prision correccional shall be imposed upon any person who shall
unlawfully tamper, change, deface or erase the serial number of any
firearm."]
SEC. 4. Section 6 of Presidential Decree No. 1866, as amended, is
hereby further amended to read as follows:
"SEG. 6. Repacking or altering the composition of lawfully
manufactured explosives, The penalty of prision correccional
-
 SPECIAL PENAL I.AWS 16?
168 NCMES AND CASES ON SPECIAI PENAL I,AWS
P.D NO. 1866, Ag AN4ENDED BY R,A. NO. 8894

shall be imposed upon any person who shall unlawfully :upack, (, A pistol, a hand'operated firearm having a chamber
alter or modify tfre composition of any lawfully manufactured integral with or permanently aligned with the bore
explosives." (Not Repealed) which maY be self-loading; and
[SEC. 5. Govenge of he Term Unlicensed Fircamt. - The term (i1) Revolver, a hand-operated firearm with a revolving
unlicensed firearm shall include: cylinder containing chambers for individual car'
1) fireamswifi expircd license; or tridges.

2l unauthorized use of licensed fircarm in the commission of the (2) Rifle

crime.l
xxx
Approved; June 6, 1997.
Foatums of RA. 10591
R-A- f0591, as its title suggests, Comprehensive Firearms
and Ammunition Regulation Act
- exclusively with firearms
deals
arid emmunition unlike P.D. 1866 - and its amendatory law, R.A
8204 which both deal not only with firearms and ammunition but
also explosives" Secs. L, 2, 5, and 7 of P.D. 1866 and Sec. 6 of RA.
8294 of the latter two laws on frearms and ammunitions have
been erlnoosly repealed by R.A" 10591, thus only the provision on
erryloeivea remrrin in the original laws. In effect, the new law has
separated firsarms and ammrrnifions from the laws on explosives.
BA. 10591 is a comprehensive code on firearms and ammuni-
tions. Unlike its predecessors, it d"efines categoricallywhat a firearm
iS: "auy handheld or portable weapon, whether a small arm or light
weapon, that expels or is designed to expel a bullet, shot, slug, mis-
sile or any pmjwtile, which is discharged by means of expansive
force of gaeee from burming gunpowder or other form of combustion
or any eimilar instrument or implement-o The barrel, frame and re-
ceiver which are major parts of frearm are considered firearms for
purToses of the law.
- a shoulder firearm or designed to be fired from
the shoulder that can discharge a bullet through a rifled
barrel by different actions of loading, which may be
classified as lever, bolt, or self-Ioading; and
(3) Shotgrrn
- a weapon designed, made and intended to
fire a number of ball shots or a single projectile through
a smooth bore by the action or energy from burning
gunpowder.
On the other hand, light weapons can be:
(1) CIass-A Light weapons which refer to self'Ioading pistols,
rifles and carbines, submachine guns' assault rifles and
light machine guns not exceeding caliber 7.62MM which
have fu1ly automatic mode; and
(2> CIass-B Light weapons which refer to weapons designed
for use by two or more persons serving as a crew, or rifles
and machine guns exceeding caliber 7.62MM such as
heavy machine guns, handheld under barrel and mounted
grenade launchers, portable anti-aircraft guns, portable
anti-tank guns, recoilless rifles, portable launchers of
anti-tank missile and rocket systems, portable launchers
of anti-aircraft missile systems, and mortars of a caliber
of less than 100MM'
R.A. 10591 enumerates the different kinds of existing flrearms
as follows:

Ibe definitionindicates two categories of firearms small (a) Antique firearm referring to any firearm:
-
arms and light weapons. Small arms refer to firearms intended to be (1) manufactured at least 75 years prior to the current
or primarily designed for individual use or that which is generally date but not including rePlicas;
considered to mean a weapon intended to be fired 666 1fos hand
or shoulder, which are not capable of firlly automatic bursts of (2) certified by the National Museum to be curio or relic
discharge, such as: of museum interest; and

(1) Handgun a firearm intended to be fired from the hand, (3) any other firearm which derives a substantial part
-
and includes: of its monetary value from the fact that it is novel,
168 NOTES AND CASES ON SPECIAL PENAL LAWS
rare,bizarre or because of its association with some
historical figure, period or event.
(b) Confiscated firearm referring to a firearm taken into
custody by the PNP, NBI, PDEA, and all other law
enforcement agencies by reason of their mandate;
(c) Forfeited firearm by court order as accessory penalty
or for the disposition by the FEO of the PNP because
considered abandoned, surrendered, confiscated
or revoked in compliance with existing rules and
regulations.
A firearm is considered abandoned if its owner
who deposited it in the custody of the FEO pursuant
to the provisions of the law failed to reclaim the
same within 5 years or failed to advise the FEO of
the disposition to be made thereof. (Sec. 25)
(d) Demilitarized fireavm referring to one deliberately
made incapable of performing its main purpose of
firing a projectile.
(e) Imitation firearm which is a replica of a firearm, or
devise that is so substantially similar in coloration
and overall appearance to an existing firearm as to
lead a reasonable person to believe that it is a real
firearm.
(0 Loose fi.rearm defined as an unregistered. firearm,
an obliterated or altered firearm, firearm which has
been lost or stolen, illegally manufactured fi"rearms,
registered firearms in the possession of an individual
other than the licensee and those with revoked
Iicenses.
Tampered, obliterated or altered firearm refers to any
firearm whose serial number or other identification or ballis-
tice characteristics have been intentionally tampered with,
obliterated or altered without authority or in order to conceal
its source, identity or ownership.
Registration of firearms and renewal thereof
The law is categorical that only small arms may be registered
by licensed citizens or juridical entities for ownership, possession
and concealed carry. A light weapon shall be lawfully acquired or
SPECIAL PENAL T,AWS 169
P.D NO. 1866, AS AMENDED BY R.A. NO. 8294
possessed exclusivelybytheAFP, the PNP and otherlaw enforcement
lfurr.i". authorized fy tfre President in the performance of their
dirtius. However, private individuals who already have licenses to
of the law shall
for."." Class-A iight *"upons upon the effectivity the same
not be deprived ol th" privilege to continue possessing
and reneiing the licenses therefor, for the sole reason that these
firearms ,r" bh"* "1t'' light weapons. This means that there must
be other reasons for depriving them ofthis right. Ifthe only reason
is that the weapon" ,"u clr*" "/t'' light weapons, that fact will not
be sufficient to deprive them of the right to possess such weapons.
The licensed citizen or juridical entity shall register the firearms
with the FEO whereupon a certificate of registration shall be issued.
For purposes of the law, registration refers to the application'
upp"orrui, record-keeping and monitoring of firearms with the FEO
in accordance with tle iype of license issued. The licenses granted
include the license to possess ammunition with a maximum of 50
rounds for each registered firearm, unless the licensee is a sports
shooter who may be allowed to possess more ammunition'
Registration of firearms by a citizen will secure for him a
certificate of registration in accordance with the type of license
issued to him. Registration by a juridical entity including security
agencies and LGUs shall be by its President or by its vice'President,
Tieasurer and Board Secretary. The three substitute officials must
be authorized by a board resolution. The registration is evidenced
by
a Certificate of Registration (CR) which is of 2 kinds:
(1) Short certificate of registration (SCR) issued to a
government official or employee who was issued by his
employer, department, agency or GOCC a firearm covered
by the long certificate of registration'
(2) Long certificate of registration' (LCR) issued to government
agencies or offices or GOCC for firearms to be used by
theirofficialsandemployeeswhoarequalifiedtopossess
firearms excluding security guards'
Thus, for a juridical entity, two CRs are required, the LCR
for the urrd thu SCR for its employee issued with registered
"rriity
firearm of thl entity. The employee must be qualified to possess and
carry a fi.rearm. Likewise, he must be issued a DDO'
The registration of the firearm shall be renewed every four
years. The iailure to renew the registration of the firearm on or
L"fo*" the date of expiration shall have the following effects:

NO'l'1,)S ANI) (lASl,lS ON fil'l,l(llAl, l'l,lNAl, Ln WS
(1) revocation of the license of the firearm;
(2) confiscation or forfeiture of the firearm in favor of the
government after due process; and
(3) perpetual disqualification of the holder of the firearm
from applying for any firearm license, for the second time
offailure to register.
The application for the renewal may be submitted to the FEO
within 6 months before the date of the expiration.
License to possess
Licenses to acquire and possess firearms and ammunitions
are categorized depending upon the applicant, whether a citizen, a
juridical entity or a government agency.
lndividual applicants must first show that they have all the
necessary qualifications to acquire and possess firearms and ammu-
nitions. 'l'hcse requirements are of 3 kinds:
a. the hasic requirements that the applicant must be: (1)
a Filipino citizen; (2) at least 21 years old; and (3) has
gainful work, oceupation or business or has filed an
Income'l'ax Return (ITR) for the preceding year as proof
of income, profi:ssion, business or occupation.
b. In addition, the following certifications from appropriate
authorities:
(i) He has not been convicted of any crime involving
moral turpitude;
(ii) He has passed the psychiatric test administered by
a PNP-accredited psychologist or psychiatrist;
(iii) He has passed the drug test conducted by an
accr:erdited and authorized drug testing laboratory or
clinic;
(iv) He has passed a gun safety seminar administered by
the PNP or a registered and authorized gun club;
(v) He has filed in writing the application to possess
a registered firearm which shall state his personal
circumstances;
(vi) He has a city or municipal police clearance; and
Sl'1,:(:ln l,l'l':Nn L I.AWS
t,,l) No. ln(;(;, AS AMhlNl)l,ll) llY It.A. NO. tt294
(vii) He has not been convicted or is currenlly illl ll<l:rtsctl
in a pending criminal case befbre any cour[ ol'law
for a crime that is punishable with a penalty of more
than 2 years. An acquittal or permanent dismissal of
a criminal case before the courts of law shall qualify
the accused thereofto qualify and acquire a license'
c. Iftheapplicantisapplyingforalicensetopossessafirearm
owned by a juridical entity a Duty Detail Order (DDO)
-
which is a document issued by an employer indicating
the name of the employee, the firearm information, the
specific duration and location of posting or assignment
and the authorized bonded firearm custodian for the
entity to whom such fuearm is to be turned over aft'er the
lapse ofthe order.
For individuals, the license to possess is categorized into
types 1 to 5:
TYPE maximum number allowed
1 two registered firearms;
2 five registered fuearms;
3 ten registered firearms;
4 15 registered firearms; and
5 more than 15 for a certified gun collector
For all these t5pes of licenses, a vault or a container secured
by lock and key or other security measures for the safekeeping of
firearms is required. For T'ypes 3 to 5 licenses, the citizen must
comply with the inspection and bond requirements'
All types oflicenses to possess a firearm shallbe renewed every
2 years. The application for the renewal may be submitted to the
FEO within 6 months before the date of the expiration. Failure to
renew the license shall cause the revocation ofthe license and ofthe
registration of the firearm under said licensee. Failure to do so on
2 occasions shall cause the holder of the firearm to be perpetually
disqualified from applying for any firearm license'
Upon the death or legal disability of the holder of a firearm
license, it shall be the duty ofhis next ofkin, nearest relative, legal
representative, or other person who shall knowingly come into
 N()'l'l,ls ANI) (lASl,lS ON Sll'l,l(llAl, l'l,lNAl, I,AWS l'll'1,:( llAl, l'l'lNAl, I,AWS
l'} I) N() lll(;(i. AS AMI'lNl)l'll) llY l{ A NO. '!21)'l

possession of such firearm or ammunition, to deliver the same to business.

.lhe burden is with the applicant to prove that his life is
the FEO or Police Regional Office within 6 months after the death under actual threat by submitting a Threat Assessment Certificate
or legal disability of the licensee. Such firearm or ammunition (TAC) from the PNP. Without a showing of threat or imminent
shall be retained by the police custodian pending the issuance of danger, a licensed citizen cannot be issued a permit to carry firearms'
a license and its registration. The failure to deliver the firearm or
Excepted are the following professionals who the iaw considers
ammunition within 6 months shall render the possessor liable for
to be in imminent danger due to the nature of their profession,
illegal possession of the firearm. may be issued permit to carry without
occupation or business. it
"y
In case of antique firearms, the possessor shall register the submitting a TAC:
same and secure a collector's license from the FEO. Proper storage (a) Members of the PhiliPPine Bar;
of antique firearm shall be strictly imposed. Non-compliance of this
requirement shall render the possessor liable for illegal possession (b) Certifi ed Public Accountants ;

of the firearm. (c) Accredited Media Practitioners ;

Sec. 2l rerstricts the source where firearms and ammunition can
be a<:quircd or purchased only from authorized dealers, importers
or kx:al rrranufacturers and - may be transferred or sold only from
ir lit:cnscrl t:itizen or licensed juridical entity to another licensed
t:il,izcn or lit:cnsed juridical entity. This provision settled the issue on
wlrtrt,lrrrr or not the use of paltih or home-made gun can be licensed
and tlrtr t:oroll:rry issue of whether or not its possession can give rise
to thc crirnc ol' illegal possession of firearms and ammunition.
Thc rkx:t,rine before was that accused cannot be convicted
of simplo illog:rl possession of firearm simply on the basis of the
firearm bcing rr paltik. People u. Ramos, G.R. Nos. 101804-07, May
25, 19911, dicl rrot say that paltiks can in no case be issued a license
or permit, arrrl that proof that a firearm ts a paltik dispenses with
the prrxrl' t,hrrl, it is unlicensed. (People u. Euangelistq, G.R. Nos.
84332-3|t, Mtry 8, 1996) Sec.21 reversed said doctrine possession
of pal,tih r:onst,it.utes illegal possession because it is not - registrable
and not, t,rirnslirlrable due to the strict requirement that it must
rxrmc onl.y [irrrn authorized dealers, importers, Iocal manufacturers,
lir:cnstrrl t:it,iztrn or licensed juridical entity. The law also made clear
t,hirt, t,hc punishable act is not only possession but also the unlawful
itt:<1 u isi l,ion o[' fi rearms.
Permit to carry and transport
(d) cashiers and bank tellers;
(e) Priests, Ministers, Rabbi, Imams;
(f) physicians and nurses;
(g) engineers; and
(h) businessmen who by the nature of their business or
undertaking, ate exposed to high risk of being targets of
criminal elements.
There are various kinds of permits that may be issued:
(1) Permit to carry fi.rearm outside of residence, a written
authority issued to a licensed citizen by the Chief of the
PNP which entitles such person to carry his registered or
Iawfully issued firearm outside of the residence for the
d'urationandpurposespecifiedintheauthority.Residence
refers to his plu* o" places of abode as indicated in his
license.
(2) Permit to transporl firearm, a written authority issued to
a licensed citizen or entity by the Chief of the PNP or by a
PNPRegionalDirectorthatentitlessuchpersonorentity
to transport a particular firearm from and to a specific
location within the duration and purpose in the authority'

Under the old laws, any person who has license to possess
firearms may also be issued a permit to carry firearms outside his
residence or place of business. No longer under R.A. 10591, for Sec. 7
provides that a permit to carry firearms outside one's residence shall
be issued to any qualified person whose life is under actual threat or
imminent danger due to the nature of his profession, occupation or
Speciflcallycoveredbythisrequirementisaqualifiedindividual
involved in the sport of shooting who must apply for a permit to
trur"po"t his registered firearms from his residence to the firing
,".rg"" and competition sites as may be warranted'
The residence or office address specified in the permit cannot
be changed without notifying the FEO' Any person holding a
valid
 N()'l't,:s ANI) onsns ()N st,l';(:tn t, t,t,;Nn L t,n ws SI'l,l(llAl, Il,lNAl, I,AWS
l'l) NO Itl(;(;. nS AMl,)Nl)l'll) llY l{.4. NO. tl21)'1

lirearm license who changes residence or office address other l,han G) Cornrnission of any of the acts penalized under R.A. 9165,
that indicated in the license card and fails within a period of 30 days the dangerous drugs law;
from said transfer to notifr the FEO commits a punishable crime.
(h) Submission of falsified documents or misrepresentation
In cases of persons arriving from abroad who is legally in in the application to obtain a license or permit;
possession of any firearm or ammunition in his country of origin
and who has declared the existence of the firearm upon embarkation
(l) Noncompliance of reportorial requirements; and
and disembarkation but whose firearm is not registered in the 6) By virtue of a court order.
Philippines, he shall deposit the same with the Collector of Customs
for delivery to the FEO for safekeeping. If he is a competitor in a Punishable acts
shooting competition, he shall do the same for the issuance of a
permit to transport. If the importation of the same is allowed and 1. Unlawful acquisition, or possession of firearms and ammunition
that person desires to obtain a domestic license, the procedure should committed by any person who shall unlawfully acquire or
be in accordance with the provisions of R.A. 10591. If no license is possess:
dcsircd or leave to import is not granted, the subject firearm or (a) a small arm prision. mayor medium period
+rmmunition shall remain in the custody of the FEO until otherwise -
tlispostd of in accordance with the law. (b) a CIass-A light weapon- prision. nxayor maximum period
U Jxrn the departurefromthe Philippines, firearm or ammunition (c) three or more small arms or Class-A light weapons -
in l,hc t:rrsl.ody of the FEO shall, upon timely request, be returned reclusion temporal to reclusion perpetua
l,hrough l.lrc Collector of Customs. In the case of a participant in a
Iot:al sJxrrl.s shooting competition given an authority to transport,
The penaity shall be one degree higher for these crimes
tho lirtxrrrn must be presented to the Collector of Customs before it if committed under any or combination of the following
is allowcd t,o bc loaded on board the carrier on which the person is conditions:
to board- (1) Loaded with ammunition or inserted with a loaded
magazine;
Grounds for Revocation, Cancellation or Suspension of License (2) Fitted or mounted with laser or any gadget used to
or Permit guide the shooter to hit the target such as thermal
'l'hc l'NI' (lhief or his authorized representative may revoke, weapon sight (TWS) and the iike;
crrnr:t:l or srrspcnd a license or permit under any of the following: (3) Fitted or mounted with sniper scopes' firearm
(,r) (lornrnission of a crime or offense involving the firearm, muffler or firearm silencer;
rrrnrnunition, or major parts (FAMP) thereof; (4) Accompanied with an extra barrel; and
(1,) ()olrvit:l.ion of a crime involving moral turpitude or any
(5) Converted to be capable of firing fuII automatic
ol'li,lrsc where the penalty carries an imprisonment of bursts.
rrrorc l,han 6 years;
() l,oss ol^l,hc FAMP through negligence;
(d) a CIass-B light weapon
- reclusion perpetua

(d) ()irrryirrg of'the FAMP outside of residence or workplace (e) a major part of a small arm
-
prision' mayor minimum
period
wit,hout, l,hc Jrroper permit to carry the same;
(e) (0 ammunition for a small arm or Class-A light weapon
C:lrr-yirrg of the FAMP in prohibited places;
prision. mayor minimum period. But this offense is
(0 Dismiss:rl lirr cause from the service of government official -absorbed if committed by the same person charged with
and empl<l-yerr; the unlawful acquisition or possession of a small arm
 \
I'il'lrl(llnl' l'l')NAl' l'AWS
No'l'l,lS ANI) (IASI')S ()N iil'l'l(llAl' l'l'lNAl' l'AWS l'.1) NO. li{(;(i, AS AMI')Nl)l'll) llY ll A N() 1121r'l

or ktrowinglf rtllllw
prision mayor public or private entity who shall wrlllutly
(e) a major part of a Class-A light weapon - such firm, company, cttrlttlrltt,ttttt
any of the firearm" o*,,"d by
found guilty of commitl.ing
medium period ,l","rji, ," be used 5, ."v p"r"orm or willfullv or knowinglv
(h) ammunition for a Class-A light weapon - prision' mct'yor any crime with use of loo!" firearm'
allow any of them unregistered firearm without any
medium period. This violation is absorbed if committed by 'o "" of their residence in the
the same person charged with the unlawful acquisition or legal authority to U"""*ti"J o"I"id"
possession of a Class-A light weapon course of their emPloYment'
prisiotr' nxeyor Use of an imitation firearm in
the commission of a crime shall
(i) a major part of a Class-B light weapon - .1.
the person who committed
maximum Period, and be consider"a u tu"i fi'"u'* and
Injuries caused on the
the crime shall be n"i*f'"a ""cordingly' games, or any
(j) ammunition for a CIass-B light weapon - prision' mqyol ;;;*tr; of the conduct of competitions, sports,
maximum period. The violation is absorbed if committed firearms shall not be
recreation ,ctivities irwol"i"gimitation
bytheSamepersonchargedwiththeunlawfulacquisition punishable under R'A' 10591'
or possession of a Class-B light weapon' outsid'e residence without a
permit
4. Carrying registered' firearm
2. Use of loose firearm in the commission of a crime prision and a fine of P10'000'00'
to carry
- "o"n"'ionol
a. Aggravating circumstance when the use of the firearm is 5. Any person who shall
unlawfully engage in the manufacture'
inherent in the commission of a crime punishable under FAMP' or machinery'
importation, sale *-ai"poti'io" 9f 3 be used bv the same
the RPC or other special laws subject to the following tool or instrument-""ua o' intended
to
a FAMP reclusion' temporal Lo
conditions: person in the -u'"il"tt""e of -
i. If the crime committed with the use of a loose reclusion Perpetua'
firearm carries a maximum penalty lower than tooi or instrument used
The possession of any machinell,
that prescribed for illegal possession, the penalty bv anv p-9'"o: whose
directly in the -;;;i;;;;'e of FAMP
for illegal possession (in other words, whichever is business, tr activity does not lawfully deal with
higher penaltY) shall be imPosed' "-prov'i"'i
the possessi"" "i';;;i'-article' *t"u
n" prima facie
'evtde..ce
in the unlawful or
ii. If the crime committed with the use of a loose that such article i' l"t""a"a to be used

firearm is penalized with a maximum penalty equal illegal manufacture of FAMP'

to that imposed for illegal possession, the penalty of of a licensed firearms dealer
6. Any laborer, worker or employee or otherwise dispose of parts
prision mayor, minimum period shall be imposed in who shall ,,It*i;11;lttq *utt
;ddi!i"" to the penalty for the crime committed with the companv ma11,f1;iures
of firearms o, t--'i"ition which
the use of the loose firearm. used bv the co'mpanv li :l:
and sells,
"'d ';;;;^;ttu'iut" or ammunition - prLSLorL
manufacture or sale of firearms
t, ll'in f'urtherance of, or incident to, or in connection with medium period' The buyer
rrlrclliott, insurrection, or attempted coup d' etat, it shall ffiayor minimum to prision mayor
or possessor of such stolen
part or material' who is aware that
lrr. rrlrsorltctl as an element of the said crimes'
shall suffer the same penaltv'
ll' r',rrrrrrrit,t,ctl by the person without using the loose
such part
", -';;i;;;;J;i""'
t' if there is trust and
lirr,rrt'rtt, l,lrt' violation of the law shall be a distinct and This is theft under the RPC (qualified
and fencing for the buyer
rr,1 rrr t'rt l.r' ol'lt'rrsr'. confidence ,"no"uJ o'-tt'" "-ployel; It is
be absorption?
or possesso, Th;;;;;;i;n is' will
r
there
ll' llr,' r't'ilttl ittvolvels juridical person, prLSLon rnayor i*-
submitted thut ;1"; i" ab'o"ption
because
1?l!?]^above
rrrirrirrrrrnr l, lrrr,rlirrrrr pcriod shall be imposed upon the owner, n'"urm is inherent in the commission of
where the use oi-'f'u
1r|r,rirl(.rtl, ilrlrrrrtllr'l', rlitct:t,or or: other responsible offlcer of any
 178 NOTES AND OASES ON EPECIAL PENAL TI.WS
a crime punishable under the RPC or other special laws and
such use is considered as aggravating circumstance.
If the violation or offense in nos. 4 and b is committed
by a corporation, partnership, association or other juridical
entity, the penalty provided therefor shall be imposed upon
the directors, officers, employees or other officials o" p"**or"
therein who knowingly and willingly participated in the
unlawful act.
7. Any person who shall engage or participate in arms smuggling
- reclusion perpetua.
Arms smuggling refers to the import, export, acquisition,
sale, delivery, movement or transfer of firearms, their parts
and components and ammunition, from or across the territory
of one country to that of another country which has not been
authorized in accordance with domestic law in either or both
countries.
8. Any person who shall tamper, obliterate or alter without
authority the barrel, slide, frame, receiver, cylinder, or bolt
assembly, including the name of the maker, mod.el, or serial
number of any firearm, or who shall replace without authority
the barrel, slide, frame, receiver, cylinder, or bolt assembly,
including its individual or peculiar identifying characteristics
essential in forensic examination of a firearm or light weapon
prision correccional to prision. nxayor minimum period.
- prisinn correccinnal and disqualification to apply for a license
9. Any violation of the provision on custodia legis prision mayor
minimum period to prision fiiayor medium period. -
During the pendency of any case, seized FAMP,
machinery, tools or instruments shall remain in the custody of
the court. Ifthe court decides that it has no adequate or"rm to
eafely keep the same, the court shall issue an order to turn over
to the PNP Crime Laboratory such FAMp, machinery, tools
or instruments in its custody during the pendency of the case
and to produce the same to the court when so ord.ered. No bond
shall be admitted for the release of these articles in custod.ia
legis.
10. Any person who shall willfully and maliciously insert, place,
and/or attach, directly or indirectly, through any overt or covert
act, any firearm, or ammunition, or parts thereof in the person,
house, effects, or in the immediate vicinity of an innocent.
tsPECIAL PENAL LA14IS l?s
P.D NO. 1S60, AS AMENDED BY R.A NO. B2S4
individualforthepurposeofimplicatingorincriminating-
the person, or imputing the commission of any violation of
the provisions of the law to said individual - prisinn nxayor
-'*i-,-period.(fhisisequivalenttoincriminatinginnocent
persons, Art. 363, RPC- fuain, item t2ltal is analogous to the
issue of absorPtion.)
If the person found guilty of planting evidence or incri-
minating innocent person is a public ofiEcer or employee' he
shall suffer the penalty of reclusinn perpehtn'
The imposition of penalty for any violation of R'A' 10591
shall carry with it the accessory penalty of confiscation and
forfeiture of the firearm, ammunition, or parts thereof,
machinery, tool or instrument in favor of the government
which shall be disposed of in accordance with law'
11. Any licensed firearm holder who fails to report to the FEO that
the subject firearm has been lost or stolen within a period of 30
days from the date of discovery fine of P10,000'00'
-
L2. Any person holding a valid firearm license
who changes
or office ,ddt*u* other than that indicated in the
""*iduIr** within a period of 30 days from said
license card and fails
fine of P5,000'00'
transfer to noti$ the FEO
-
13. Unlawful transfer of possession of any firearm to any person
who has not yet obtained or secured a license or permit -
io po*"""" other firearms and all his existing licenses whettrer
fo" prrpo"*s sf ssmmerce or possession, shall be revoked' The
transferor is liable under this provision and the transferee for
illegal possession.
14. Any law enforcement agent or public officer who unlawfirlly
di"pose, sell or transfer government-issued firearms' ammuni-
tion or major parts of firearms or light weapons to private in-
dividuals riclusion. temporal. The private person is liable for
-
illegal possession for he is not the licensee ofthe said firearm
and ammunition.
15, Any public officer or employee or any person who - shall
faclptate the registration of a firearm through fraud' deceit'
misrepresentation or submission of falsified documents -
prision correccional-
 Sl'l,l( llAl, l'l'lNAl, l,AWl'i
N( )'l'l,lS AN I ) ( lASl,ll.; ( )N Sl'l,l( ll A l, l'1,)NA l, I,AWS AMI')Nl)l'll) llY lt A N()'
l'l) N() lr{(i(;, AS 1"121)'l

2. Soc. 27 Non-compliance with the reguirement to

lllegal possession of firearm -
register antique firearm, ,u""" a collector's license'
and properly
R.A. 8294 defined "unlicensed firearm" to include not only stJre the antique firearm in accordance with Sec'
10'
trnregistered firearm but also firearms with expired license and is defined
licensed firearm used without authority in the commission of the As before, the offense of iltegal possession of firearm
It *olu* prohibitum not withstanding
crime. (In what instance can one authorize another to use his firearm una prr,irfted by an SPL. ',
^
in the commission of a crime?) And it provided that simple illegal the use of "RPC" penalties, which the lawmaker so condemned policy
possession of firearms can only be committed if no other crime was because of its nature but also because of the larger
committed by the possessor. The law was so phrased as to allow ""i ""lV
consideration of containing or reducing' if not eliminating' the
safety due to
oxtenuating the offended from a graver crime by committing any upsurge of crimes vitally affecting public order and
firearms'
crime with or without the use of the firearm. if" pr-"fif*ation of illegally possessed and manufactured the crime were
ammunition, and explJsives-' If intent to commit
R.A. 10591 called the unregistered firearm as loose firearm of the decree and its policy or purpose would
rrnd defined it by enumeration to refer to an unregistered firearm, required,
"rrfb"""-unl
be difficult to achieve. Hence, there is wisdom
in punishing illegal
nn obliterated or altered firearm, firearm which has been lost or into account the criminal
stolen, illegally manufactured firearms, registered firearms in the for""""io.t of firearm without taking is intenb to perpetrate the act
intent of possessor. A11 that is needed
possession of an individual other than the licensee and those with possiden'di' However' it must
revoked licenses. It also categorized the crime and the penalty frohibited by law, coupled by an'imus is without regard
more detailedly unlike in the old law where the penalty for illegal be clearly understood ih^t thi, animus possid.endi
may have
possession depends merely on whether the firearm is of low- or io .rv other criminal or felonious intent which an accused
G'E' Nos'
high-caliber. Now the penalty depends upon whether the firearm is harbored in possessing the firearm' (People u' Quijada'
a small arm or a Class A or B weapon, on the number of weapons 115008'09, JulY 24, 1996)
possessed, and on whether the thing possessed is a part of the In crimes involving illegal possession of flrearm' the
prosecution
firearm or ammunition. Additionally, qualifying circumstances will has the burden of proving the elements thereof' uiz':
increase the penalty one degree higher. (N.8., Since the law uses
the penalty of the RPC, its rules on modifying circumstances shall 1. The existence of the subject fi'rearm; and
be followed.) The qualifying circumstances are when the firearm is 2. The fact that the accused. who owned or possessed
it does
Ioaded, accessorized with gadgets for accuracy in hitting the target not have the corresponding license or permit to possess
or muffling the sound of the shot or converted to increase its firing the same.
capacity.
The latter is a negative fact, which constitutes an
essential
The absorption rule applies when the person charged with
ingredient of the offenJe of illegal possession' and
it is the duty
possession of loose firearm is also found to possess ammunition for
of the prosecution *io"ty to allege^it-but also to prove it beyond
s;rirl lirearm in which case the charge for possession of firearm shall 19' 1991)
reasonable doubt. (e"opt"i. no'oi, G"R' No' s9823'
Jun'e
I rsorb possession of ammunition. from the
The testimony of u ,"p,""""tative of, or a certification
rr

'l'ht' law is also quite categorical on the kind of weapon that pNp-pnU (.ro*, n'BO)ihut off""der was not a licensee of the said
rrrrrv lrr.rrcrluired by and licensed to a citizen only small arms. fi"ur.- would..rffi* fo" the prosecution to prove beyond r-easonable
l,rkr,wi,.rr', lrc can only carry the weapon outside - his residence or Joubt the second' element' @Lople u' Solayao' G:R'
No' 119220' Sept'
rr,:iirlr.rrcr,s slrccified in the license only if his life is in danger for is fatal to the
20, 1gg6)The absence of the testimony or certification
wlriclr llrr, lrrrr'<lcn is on him to prove. prosecution,scaseandrenderstheconvictionerroneous'(Mallariu.
'l'lr. .I lrr,r' wtys of committing illegal possession of firearms are: CA, G.R. No. 110569, Dec' 9, 1996)
by the
l Sr,r'. 2(i The failure of the possessor to deliver the The existence of the subject firearm may be proved
presentation thereof or by the testimony of witnesses who
saw
lircrrrrrr/rrrrrrrrrrrrit,iorr within 6 months after the death or disability of
i""rr."d in possession of the same' The negative fact that the
accused
Ilrr, lilltrrrcr'
 N()'l'l';s nNl) (;ASt,;s ()N St'1,;(:tn t, I't{Nn l, t,Aws
V
lrad no license or permit to own or possess the firearm or explosive
may be established by the testimony or certification of the PNP-FEO
l.h:rt the accused has no license or permit to possess the firearm (or
explosive). (Peopl.e u- Cortez, 334 SCRA 334)
Ttre essence of the crime is primarily the lack of license or
permit to carr5r or possess the firearm or ammunition for possession
by itself is not prohibited by law. In the case of an explosive, a permit
or license to possess is usually granted ts mining corporations,
military personnel and other legitimate users. As the prosecution
failed to discharge its burden of proving that cc was not authorized
to possess the grenade seized from his house, his acquittal for illegal
possession of explosive is inevitable. (People u. Cortez, SS4 SCRA
334)
Even if the accused cannot explain why he possessed such
firearm or explosive, since the burden is with the prosecution to
prove the guilt of the accused and not vice versa, acquittal is still
in order under the system of criminal justice in this jurisdiction. To
hold otherwise is speculative, i-e., the court would be speculating
that the accused is not authorized to possess firearm, whereas what
is required in conviction is proofbeyond reasonable doubt. (1d-)
Use of toose firearm in the commission of a crime
i
R.A. 8294 amended P.D. 1866 by, among others, making the
crime of illegal possession of firearm as aggravating in the homicide
or murder provided that the cases for illegal possession of firearm
zrnd the homicide/murder were tri.ed jointly. @eople u_ Nauarro, G.R.
Nos. 132696-97, Feb. 12, 2001)Thus, an accused committed homicide
lnd frustrated homicide with the use of unlicensed firearm but
wits charged for illegal possession of firearm under an information
scp:rr:rte from the charges for the other crimes; these were raffled to
rlilli'rcnt, branches and the cases were tried separately.The accused
wns r:onvicted for simple illegal possession of firearm because the
r,vitlcttr:c us to the homicide was neither presented nor adopted in
l,lro t,rirrl rxrurt trying the illegal possession case. (People u. Nufi,ez,
(J./1. No. 112092, March 1, 2001) In other words, for the use of
rrrrlir:r'nscrl (inrarm to be merely an aggravating circumstance, only
orrc irrlirrrrrrrt,i.n should be filed and the trial should be joint for both
t,lr. lr.rrrir:irhr/rnrrrder and the illegal possession. If 2 informations
wcro lil.rl untl (,riod separately, the accused can be convicted for
both.
lil'l,l(ilAl, l'l'lNAl, I,AWS
l'.1) NO. ltl(;(i, nS AMI'lNI)l'll) llY R.n ' NO l"t294
Pe.opleu.Molina,2g2SCRAT42,heldthattheuseofanunli-
censed *Lupo., in the commission of murder or homicide is
simpiy an
aggravating circumstance, not a separate offense' Therein' separate
information for murd.er, frustrated murder and illegal possessions
were filed, but the cases were consolidated and
jointly tried and
decided. T]he Molina ruling, however, is not applicable where the
cases filed were a1l separately tried. Hence, the evidence as to the
homicide and frustrated homicide cases were neither adopted nor
presented before the trial court trying the iilegal possession case'
For this reason, there is a dearth of evidence to support the finding
case.
of homicide and/or frustrated homicide in the illegai possession
Accordingly conviction should only be for simple illegal possession of
firuur-r.-(i%ople u. Nufi.ez, G.R. No. 112092, March 1' 2001)
P.D. 1866 was amended on June 6, tgg7 by R'A' 8294' Aside
provided
from lowering the penalty for said crime, R'A' 8294 also
that if homicide or murderis committed with the use of an unlicensed
firearm, such use shall be considered as a special aggravating
circumstance. This amendment has two implications: first, the
use
or murder
of an unlicensed firearm in the commission of homicide
shall not be treated as a separate offense, but merely as a special
(homicide
aggravating circumstance; second, as only a single crime
oitrrrd", *ittt tt " aggravating circumstance of illegal possession
of firearm) is committed under the law, only one penalty shall be
imposedontheaccused.(Peopleu.Castillo,G..E.Nos.131592.93'
Feb- 15, 2000)
R.A. 10591 modified the above doctrine by making the use
of the loose firearm an aggravating circumstance when such is
inherent in the commission of a crime punishable under the RPc or
other special laws. But subject to the condition that if the
penaity
the maximum penalty for the
for illegal possession is higirer than
firearm the higher penalty
crime immitted with the use of a loose
(for illegal possession of firearm) shall be imposed' However' if
maximu-m penalty for the crime committed with the use of a
loose
illegal possession of-firearms,
firearm is equal to that imposed for
an additional penalty of piisior', nlayor' minimum period shall be
imposed together wiLh the penalty for the crime committed'
Anotherimprovementisthatitdoesnotlimitthecrimesto
murder, homicidl (and parricide pursuant to Macoy)' A further
improvement is the addiiion of the provision on imitation firearm
,r""d in the commission of a crime which shall be considered a real
firearmandthepersonwhocommittedthecrimeshallbepunished
 ijl'l,l( llAl, l'l')NAl, l,AWl-i
N( )'l'l,lti AN I ) ( lASl,lS ( )N Sl'l,l( ll A l, l'l,lNA l, l,AWli AS AMI':Nl)l'll) llY li.A' N() l'121)'l
l,l) N(). lsli{;,

of an' M-14 riflewere

rc(:ordingly. It has also plugged a loophole by excluding from the rt:siclence. Further, lhat his possession and use
this weapon could not be licen'sed in
(iovorirge of the law injuries caused on the occasion of the conduct of otrrior.ty unauthorized because
fauor of, or carried, by, a priuate
in'diuidual'
r:ornpetitions, sports, games, or any recreation activities involving
Appellant was convict ed of d'irect assau'lt with multiple
counts
irnitation firearms.
of firing an M-14 rifle
of utt"*it"d. homicid,e. The act of the accused
Before, illegal possession of firearm can only be committed if no his house to serve a search
tf* foH"u*urr, who were about to enter
*ur"urrt constituted such complex crime' If an unlicensed separate
other crime is committed with or without the use of the firearm. This "t firearm
was clarified in the new law that if the crime is committed by the there can be no
is used in the commission of any crime,
person without using the loose firearm, the violation of said law shall direct assault
off"rr*" of simple illegal possession of firearms' Since
Irt, considered as a distinct and separate offense. This clarification is he can no longer
with multiple attemited homicide was-committed
rnirinly due to the several decisions where the SC deplored the fact of fi'rearms' neither can it serve
be held [aLIe for i[egal possession
t,hat the offender can avoid a high penalty for the possession of a as an aggravating circumstance'
high caliber firearm by committing a light felony like maltreatment possession
which carries arresto nlenor. The ruling effectively exonerates appellant ofillegal
than that for direct
of an M-14 rifli which carries a penalty heavier
of M-14 tlfleis prision
The rule that if the violation of the law is in furtherance of, or assault. While the penalty for illegal possession
Indeed' the
incident to, or in connection with the crime of rebellion, insurrection, nl,ayor,for direct ass.rli it is only prision correccional'
of fire-arms by
or attempted coup d' etat, such violation shall be absorbed as an ..*r"i may evade conviction for ittegat possession Iike alarm
clement of the said crimes, is retained. using such weapons in committing an even lighter offense'
and Jcandal or slight physical injuries, both of
which are punishable
To consider the firearm used in a homicide as iliegally possessed other crime
and thus aggravating, the fact that the accused who used the gun ii- irr"n, *"ooi. 1ff* *u" Iater modifled that thefirearm.l This
need not be commitied with the use of the unlicensed
did not have the corresponding license or permit to carry it outside the language of R'A'
aor*uqo"rr"e, ho*er."r, necessarily arises from
his residence, must be established beyond reasonable doubt by the gzg+, ihor" wisdom is not subje"i to j'di"iul review' Any perception
prosecution. Although the accused himself admitted that he had
that the result reached upp"u*" unwise should be addressed to
no license for the gun recovered from him, his admission will not Congru"". Indeed, the Court has no discretion to give statutes a new
relieve the prosecution of its duty to establish beyond reasonable and language of
*".-rrirrg detached irom the manifest intendment
doubt the lack of license or permit to possess the gun. The admission confined only to applying
it f"eiJiuture. Its task is constitutionally
is extrajudicial and thus insufficient to prove beyond doubt the "
the law/jurisprudence to the facts'
r:ommission of the crime. Hence, the accused may only be held liable of oruy
lirr simple homicide. (People u. Castillo) Heeding such teaching, Congress made the commission
crimew,|i;ntheuseofaloosefirearmpunishablewiththe'higher It must
'l'he crime should be called homicide aggravated by illegal ;";;id between the crime and the use of the loose firearm.
in the
g,, rrrscssion of firearm, and not illegal possession of firearm aggravated f" however thaithe use of the firearm must be inherent'
l,y lrornicide, because it is the former offense which aggravates the "ot"a
commission of the to be merely aggravating' In other words'
, r'i rrrr, o[' homicide. (Id.) the "rim"
flrearm is not necessary in the commission of the
if the use of
and distinct
l\oplc Ladjaalarn, G.R. Nos. 136149-51, Sept. 19, 2000, was
;;ir";, the use of the loose firearm shall be separate is committed
u.
rlr', rrlr.rl urrtlcr R.A. 8294. It found the two elements of the crime of ir"- ift" crime "o*r.ritt"a. The same effect if the crime
without using the loose firearm'
r I lr'1 ir r I rosst.ssion of firearms as duiy proved. The appellant had fired
1

rrrr M I I riflc trpon the appr:oaching police officers clearly showing

Kinds of Possession
l lrr, r,xirllrrcr, ol'the firearm and his possession thereof. The second
possessio-n or the
.'lr,rrrlnl w;ur s;rt,isfied by the prosecution's Certification stating Possession includes actual and constructive
Once the
llrrrl lrl lr:rrl rrol, lxren given authority to carry fi.rearm outside his subjection of the tfti"g to one's control and management'
 N( )'l'1,)ll AN I ) ( lASI,lS ( )N i'll'1,:( ll A l, l'l,iNAl, I,AWS sl'hl(:ln l, l'l'lNAl, l,Aws
I'l) N(). lr{(;(i. AS AMI'lNl)h)l) llY ll,.n ' N() rJ:21)4

and 'peace officer' equivalent even to a member of

the municiJr:rl
cvitlcncer indubitably points to possession without the requisitt:
by Sec' 879'" It is not within the power of
rrrrl,hority or license, coupled with animus possiderudi or intent to poU"" expressly
"oru..d mandate of a statutory
possess on the part of the accused, conviction for violation of the said irr" coi to set aside the clear and explicit
faith is a defense against
Iaw must follow. (Gonzales u. CA, G.,8. No. 95523, Aug. 18, 1997) provision. Abandoned is the view that good
I- pro"*otion for illegal possession of firearms being a rnalunt'

ln case of secret agents of the government prohibitum.

neither
Sec. 879 of the old RevisedAdministrative Code @AC) provides: P.D. 1866 was later amended by R'A' 8294' However'
879 of the 1917 RAC' Even E'O' 292'
law amended or repealed Sec'
Sec. 879. Exemption as to firearms and ammunition used left Sec' 879 untouched' As matters
the 1987 Administrative Code,
therefore, Sec- 879, as construed' in Mapa and Neri'
This article and
by military and naual forces or by peace officers.
shall not apply to firearms and ammunition. -regularly and "*tra,
reinforced. by para- 6, Sec' 1 of P'D' 1866' as amended by R'A' 8294'
of
lawfully issued to officers, soldiers, sailors, or marin'es of the x is sfill the basic law on the issuance, possession and carrying
x x [PNP], guards in the employmerut of the Bureau of Prisons, government-owned firearms - (Id')
municipal police, prouincial gouerruors, lieutenant gouerrlors, issuance to
The rules governing MRs and MOs covering the
prouincial tred.surers, municipal police, prouincial gouerrLors, firearms
and the possession and/or carrying of government-owned
lieutenant gouerrlors, prouincial treasttrers, mun'icipal iv or confidential civilian agents may be s5rnthesized as
treasurers, municipal presidents, and guards of prouincial "p*i"f
follows:
prisoruers and jails, when such firearms are in possession of
Special or confidential cifian agents who are
not
such officials and public seruants for use in' the performance of 1.
their official duties. included in the regular plan'tilla of any government
agercy involved in law enforcement or receiving
regular
not exempt from
People u. Mapa, 127 Phil. 624, said that the Iaw is explicit compensation for services rendered are
that except as thereafter specially allowed, "it shall be unlawful for the requirements under P'D" 1866' as amended by R'A
permit
8294, of axegular license to possess firearms
any person to x x x possess any firearm, detached parts of firearms and a

or ammunition therefor, or any instrument or implement used to carry the same outside of residence;
or intended to be used in the manufacture of firearms, parts of
2. Said special or confidential civilian agents are not
firearms, or ammunition." The next section provides that "firearms
qualified to receive, obtain and possess government-
and ammunition regularly and lawfully issued to officers, soldiers, by the
owned firearms' Their ineligibility will not be cured
sailors, or marines [of the Armed Forces of the Philippines], the covering said government-
issuance of MR for equipment
I PNP], guards in the employment of the Bureau of Prisons, municipal
ownedfirearms.Neitherwilltheyqualifyforexemptiona
polir:e, provincial governors, Iieutenant governors, provincial and
from the requirements of a regular firearms license
l,r'c11s111's1s, municipal treasurers, municipal mayors, and guards of issuance to them of
permit tocarry firearms by the mere
lrrovincial prisoners and jails," are not covered "when such firearms a government-owoed firearms covered' by MR; and
rrrr, irr possession of such officials and public servants for use in the
qualis
1rr,r'lirrrrrirnce of their official duties." 3. said speciat or confidential civilian agents do not
(whether private-owned or
for MOs to carry firearms
Srr-yro u. People, G.R. No. 159703, March 3, 2008, held that of their residence-
government-owned) outside
llrr, lrrw r:irrrnot be any clearer; no provision is made for a secret
rr11t,rrl. Asr srrch he is not exempt. Accused cannot rely on People u. The foregoing rules do not apply to special or confidential
firearms
ll'ltrcttt'tttttlrur.g, where a secret agent was acquitted on appeal on civilian agents in iossession of or bearing private-owned
the
that are aUy U".r"ed and covered by permits to carry
same
I,lrt' rrsrrrrrrpt,ion that the appointment "of the accused as a secret
rrgr,rrl, lo rrssisl, in the maintenance of peace and order campaigns outside ofresidence-
 NO'l'l,lS ANI) (:ASl,iS ()N i'il'l,i(llAl, l'l,lNAl, I,AWS
Sct against the foregoing rules, it is clear that petitioner is not
truthorized to possess and carry the subject firearm and ammunition,
notwithstanding the MR and MO which were illegally issued to him.
Petitioner is a planter who was recruited to assist in the counter-
insurgency campaign of the AFP. However, as he offered no evidence
that he is in the regular plantilla of the AFP or that he is receiving
regular compensation from said agency, he cannot be considered
a regular civilian agent but a mere confidential civilian agent as
defined under Sec. 6(a) of the IRR of P.D. 1866. As such, he was
not authorizedto receive the subject government-owned firearm and
ammunitions. The MR he signed to account for said government
property did not legitimize his possession thereof.
Neither was petitioner authorizedto bear the subject firearm
and ammunitions outside of his residence. The MO issued to
petitioner was illegal, given that he is not a regular civilian agent
but a mere confidential civilian agent. Worse, petitioner was not
even acting as such confidential civilian agent at the time he was
carrying the subject firearm and ammunitions; he was not on an
official mission in Bais City but had merely visited the place to
attend to a family emergency.
PP contends that he could not be convicted of violating P.D.
1866 because he is an appointedcivilian agent authorized to possess
and carry the subject firearms and ammunition as evidenced by a
MO and MR duly issued by the PNP deputy commander of Task
Force Aguila, Lianga, Surigao del Sur. The contention lacks merit.
In crimes involving illegal possession of firearms, two
requisites must be established, uiz.: (1) the existence of the subject
firearm, and (2) the fact that the accused who owned or possessed
l,he firearm does not have the corresponding license or permit to
lx)ssess. The first element is beyond dispute as the subject firearms
rrnrl ammunitions were seized from PP's possession via a valid
wrrrrnntless search, identifled and offered in evidence during trial
As l,o l,her second element, the prosecution convincingly proved the
slun(,. lndeed, PP's purported MO and MR are inferior in the face
ol' l,lrr. tnorc formidable evidence for the prosecution as the MO
arrrl M lt wcrt afterthoughts contrived and issued under suspicious
circrrrrrst,rrn<rx. (Padilla u. CA, G.R. No. 121917, March 12, 1997)
'I'hcrc is no indication in R.A. 10591 that the above doctrine
has been rcvorscd.
Sl'l,l( llAl, l'l,lNAl, I,AWS
Itl,llrt Jlll,l( ) A(i'l' N( ). ;lIl-ril
Applicablerulesforgraduatingpenaltiesofthelndeterminate
Sentence Law
Violationofthelawispunishedusingthenomenclaturesof
penaltiesintheRPC.Thedoctrineregardingspeciallawsaccording
io simonis that although punished in a special law, if the penalties
were taken from the h,pb, tt " rules therein for graduating
by
be applied' Hence'
J"g"""" or determining the proper period should
*Jaifyirg circumstanf"" "* be considered in the computation of
il" *;";"m period of the indeterminate sentence from which the
minimum penalty one degree lower can be taken'
P.D. 1866 imposed the penalty of reclusion temporal in its
of
maximum period io reclusion perpetua for illegal possession
firearms. RA. 8294 lowered the penalty to prision' correccional in its
maximum period and a fine of not less than P15,000'00'
Under /r:t.27 of the RPC, prision correccionol in its maximum
period ranges from 4 years, 2 morrths and 1 day' to 6 years' As
pr"""riU"a""nder Sec. 1 of the ISL, the appropriate penalty that
be imposed on petitioner should keep within said range'
Thus'
"an
there being no attendant mitigating or aggravating circumstance'
and consid--ering that petitioner accepted the subject firearm
and
ammunitions from the government under the erroneous notion that
the
the MR and MO issuedlo him legitimized his possession thereof,
years, months and 1 day as
appropriate indeterminate penalty is 4 2
minimum to 5 years, 4 months and 21 days as maximum'
the
The same rules and. procedures should be observed under
new law.
REPUBLIG AGT NO. 3553
AN ACT TO PROHIBIT THE
POSSESSION OF DEADLY ARROW
SECT|ON l. Any person who possesses a deadly arrow or "pana"
withoutpermittromacity,municipaldistrictmayor'shallbepunishedby
imprisonmentforaperioaofnotlessthan[30]daysnormorethan[6]
months.Thephrases..deadlyarrowor,pana",aSusedinthisActmeans
anyarrowordartthatwhenshotfromaboworslingshotcancauseinjury
or death of a Person.
issue a
SEC. 2. Any city, municipal or municipal district mayor-may
to poisess a deadly arrow or "pana" if such is to
permit to any inJViauat
Le used to earn livelihood for such individual'