[SALIENT POINTS OF REPUBLIC ACT NO.

10591]

This Act shall be known as the “Comprehensive Firearms and Ammunition Regulation Act“.

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

This Act which is a consolidation of Senate Bill No. 3397 and House Bill No. 5484 was finally passed by
the Senate and the House of Representatives on February 4, 2013 and February 5, 2013, respectively.

It is the policy of the state to maintain peace and order and protect the people against violence. It
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. This law regulates 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.

In order to qualify and acquire a license to own and possess a firearm or firearms and ammunition, the
applicant must be a Filipino citizen, at least twenty-one (21) years old and has gainful work, occupation
or business or has filed an Income Tax Return (ITR) for the preceding year as proof of income,
profession, business or occupation.

In addition, the applicant shall submit the following certification issued by appropriate authorities
attesting the following:

 The applicant has not been convicted of any crime involving moral turpitude:

 The applicant has passed the psychiatric test administered by a PNP-accredited psychologist or
psychiatrist;

 The applicant has passed the drug test conducted by an accredited and authorized drug testing
laboratory or clinic;

 The applicant has passed a gun safety seminar which is administered by the PNP or a registered
and authorized gun club;

 The applicant has filed in writing the application to possess a registered firearm which shall state
the personal circumstances of the applicant;

 The applicant must present a police clearance from the city or municipality police office; and

 The applicant has not been convicted or is currently an accused in a pending criminal case
before any court of law for a crime that is punishable with a penalty of more than two (2) years.

The applicant shall pay the reasonable licensing fees as may be provided in the implementing rules and
REPUBLIC ACT NO. 8294

AN ACT AMENDING THE PROVISIONS OF PRESIDENTIAL DECREE NO. 1866, AS AMENDED,

ENTITLED "CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION, MANUFACTURE,
DEALING IN, ACQUISITION OR DISPOSITION OF FIREARMS, AMMUNITION OR EXPLOSIVES
OR INSTRUMENTS USED IN THE MANUFACTURE OF FIREARMS, AMMUNITION OR
EXPLOSIVES, AND IMPOSING STIFFER PENALTIES FOR CERTAIN VIOLATIONS THEREOF,
AND FOR RELEVANT PURPOSES."

Section 1. Sec. 1 Presidential Decree No. 1866, as amended, is hereby further amended to read as
follows:

"Sec. 1. Unlawful manufacture, sale, acquisition, disposition or possession of firearms or ammunition

or instruments used or intended to be used in the manufacture of firearms or ammunition. — The
penalty of prision correccional in its maximum period 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 ammunition: Provided, That no other
crime was committed.

"The penalty of prision mayor in its minimum period and a fine of Thirty thousand pesos (P30,000)
shall be imposed if the firearm is classified as high powered firearm which includes those with bores
bigger in diameter than .38 caliber and 9 millimeter such as caliber .40, .41, .44, .45 and also lesser
calibered firearms but considered powerful such as caliber .357 and caliber .22 center-fire magnum
and other firearms with firing capability of full automatic and by burst of two or three: Provided,
however, That no other crime was committed by the person arrested.

"If homicide or murder is committed with the use of an unlicensed firearm, such use of an unlicensed
firearm shall be considered as an aggravating circumstance.

"If the violation of this Sec. is in furtherance of or incident to, or in connection with the crime of
rebellion or insurrection, sedition, or attempted coup d'etat, such violation shall be absorbed as an
element of the crime of rebellion, or insurrection, sedition, or attempted coup d'etat.

"The same penalty shall be imposed upon the owner, president, manager, director or other
responsible officer of any public or private firm, company, corporation or entity, who shall willfully or
knowingly allow any of the firearms owned by such firm, company, corporation or entity to be used
by any person or persons found guilty of violating the provisions of the preceding paragraphs or
willfully or knowingly allow any of them to use unlicensed firearms or firearms without any legal
authority to be carried outside of their residence in the course of their employment.

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

Sec. 2. Sec. 3 of Presidential Decree No. 1866, as amended, is hereby further amended to read as
follows:

"Sec. 3. Unlawful manufacture, sale, acquisition, disposition or possession of explosives. — The

penalty of prision mayor in its maximum period to reclusion temporal and a fine of not less than Fifty
thousand pesos (P50,000) shall be imposed upon any person who shall unlawfully manufacture,
assemble, deal in, acquire, dispose or possess hand grenade(s), rifle grenade(s), and other
explosives, including but not limited to 'pillbox,' 'molotov cocktail bombs,' 'fire bombs,' or other
incendiary devices capable of producing destructive effect on contiguous objects or causing injury or
death to any person.
"When a person commits any of the crimes defined in the Revised Penal Code or special laws with
the use of the aforementioned explosives, detonation agents or incendiary devices, which results in
the death of any person or persons, the use of such explosives, detonation agents or incendiary
devices shall be considered as an aggravating circumstance.

"If the violation of this Sec. 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."

Sec. 3. Sec. 5 of Presidential Decree No. 1866, as amended, is hereby further amended to read as
follows:

"Sec. 5. Tampering of firearm's serial number. — The penalty of prision correccional shall be
imposed upon any person who shall unlawfully tamper, change, deface or erase the serial number of
any firearm."

Sec. 4. Sec. 6 of Presidential Decree No. 1866, as amended, is hereby further amended to read as
follows:

"Sec. 6. Repacking or altering the composition of lawfully manufactured explosives. — The penalty
of prision correccional shall be imposed upon any person who shall unlawfully repack, alter or modify
the composition of any lawfully manufactured explosives."

Sec. 5. Coverage of the Term Unlicensed Firearm. — The term unlicensed firearm shall include:

1) firearms with expired license; or

2) unauthorized use of licensed firearm in the commission of the crime.

Sec. 6. Rules and regulations. — The Department of Justice and the Department of the Interior and
Local Government shall jointly issue, within ninety (90) days after the approval of this Act, the
necessary rules and regulations pertaining to the administrative aspect of the provisions hereof,
furnishing the Committee on Public Order and Security and the Committee on Justice and Human
Rights of both Houses of Congress copies of such rules and regulations within thirty (30) days from
the promulgation hereof.

Sec. 7. Separability clause. — If, for any reason, any Sec. or provision of this Act is declared to be
unconstitutional or invalid, the other Sec.s or provisions thereof which are not affected thereby shall
continue to be in full force and effect.

Sec. 8. Repealing clause. — All laws, decrees, orders, rules and regulations or parts thereof
inconsistent with the provisions of this Act are hereby repealed, amended, or modified accordingly.

Sec. 9. Effectivity. — This Act shall take effect after fifteen (15) days following its publication in the
Official Gazette or in two (2) newspapers of general circulation.

Approved: June 6, 1997

EXECUTIVE ORDER NO. 712 - REGULATING THE MANUFACTURE, SALE AND POSSESSION
OF AIR RIFLES/PISTOLS WHICH ARE CONSIDERED AS FIREARMS

WHEREAS, Sec. 877 of the Revised Administrative Code, as amended, includes in its definition of
the term “firearm”, air rifles, except those which, being of small caliber and limited range, are used as
toys;

WHEREAS, certain types of air rifles/pistols could cause the death or permanent maiming of a
person and could use as convenient tools of criminals in their nefarious activities;

WHEREAS, the proliferation and the indiscriminate use of such types of air rifles/pistols could pose a
grave menace to society and the maintenance of peace and order; hence, the need to regulate the
manufacture, sale and possession of air rifles/pistols.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the

powers vested in me by the constitution and the authority vested in me by the Revised
Administrative Code, do hereby order and ordain:

Section 1. The Chief, Philippine Constabulary shall prescribe the criteria for determining whether an
air rifle/pistol is to be considered a firearm or a toy within the contemplation of Sec. 877 of the
Revised Administrative Code.

Sec. 2. The licensing requirements for the manufacture, sale and/or possession of, and/or dealership
in firearms as prescribed in the Revised Administrative Code shall apply to air rifles/pistols which are
considered in accordance with Section 1 hereof.

Sec. 3. The Chief, Philippine Constabulary is hereby delegated the authority to act dispositively on
all applications to manufacture, sell/or possess and/ or otherwise deal in air rifles/pistols whether
considered as firearms or toys under the criteria to be prescribed pursuant to Section 1 hereof.

Sec. 4. The Chief, Philippine Constabulary shall prescribe, subject to the approval of the Minister of
National Defense, the rules and regulations to implement this order.

Sec. 5. The provisions of any Executive Order inconsistent with this Order are hereby repealed or
amended accordingly.

Sec. 6. This Order shall take effect immediately.

Done in the City of Manila, this 28th day of July, in the year of Our Lord, nineteen hundred and
eighty one.
RA 10591

SOME NOTABLE FEATURES OF THE COMPREHENSIVE FIREARMS AND AMMUNITION

REGULATION ACT

Introduction

On May 29, 2013, the President of the Philippines approved into law Republic Act No. 10591
otherwise known as the “Comprehensive Firearms and Ammunition Regulation Act.” The law
recognizes the right of its qualified citizens to self-defense through the use of firearms and regulates
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.

The law did not entirely wipe off Presidential Decree No. 1866 as well as its amendatory law,
Republic Act No. 8294. Only Sections 1, 2, 5, and 7 of PD 1866 and Section 6 of RA 8294 were
repealed. This means that the provisions of these laws pertaining to explosives were retained and,
as such, the unlawful manufacture, sale, acquisition, disposition or possession of explosives such as
hand grenade, rifle grenade, and other explosives, continues to be punishable under the old law.

Some Notable Features of the New Law

Some of the notable features of the new firearms law are: (1) it classified the firearms
according to power, and increased the penalties for offenses relative thereto; (2) it provides separate
and lighter penalties for offenses pertaining to ammunition; (3) it likewise provides a separate and
lighter penalties for offenses pertaining to major parts of firearms; (4) it defines and punishes new
offenses relating to firearms and ammunition; (5) it provides for qualifying circumstances for the
offense of possession or acquisition of firearms, and aggravating circumstances for the use of loose
firearms in the commission of a crime; (6) it regulates ownership and possession of firearms and
ammunition by qualified citizens; (7) it regulates the registration and licensing of firearms; (8) it treats
use of an imitation firearm in the commission of a crime as a real firearm; and (9) subject to an
exception, it limits the registration of small arms only to licensed citizens or juridical entities for
ownership, possession and concealed carry.

Classification of firearms.

Under the new firearms law, firearms are classified into: (1) Small arms; (2) Class—A Light
Weapons; and (3) Class—B Light Weapons. Parenthetically, under the old law, firearms are
classified as low-powered and high-powered, in addition to explosives, and providing single
penalties for each.

Small arms refer to firearms intended to be or primarily designed for individual use or that
which is generally considered to mean a weapon intended to be fired from the hand or shoulder,
which are not capable of fully automatic bursts of discharge such as: (1) handgun, which is a firearm
intended to be fired from the hand, and it includes a pistol and a revolver; (2) rifle, which is a
shoulder firearm or designed to be fired from the shoulder that can discharge a bullet through a rifled
barrel by different actions of loading, which may be classified as lever, bolt, or self-loading; and (3)
shotgun, which is a weapon designed, made or intended to fire a number of ball shots or a single
projectile through a smooth bore by the action or energy from burning gunpowder.

Class—A Light Weapons refer to self-loading pistols, rifles and carbines, submachine guns,
assault rifles and light machine guns not exceeding calibre 7.62MM which have fully automatic
mode.

Class—B Light Weapons refer to weapons designed for use by two (2) or more persons
serving as crew, or rifles and machine guns exceeding calibre 7.62MM such as heavy machine
guns, handheld underbarrel and mounted grenade launchers, portable anti-aircraft guns, prortable
anti-tank guns, recoilless rifles, portable launchers of anti-tank missiles and rocket systems, portable
launchers of anti-aircraft missile systems, and mortars of a calibre of less than 100MM.
Offenses Punished.

While the old law punished basically two (2) offenses relating to firearms and explosives, without
regard to the nature of the offense whether it be possession, disposition, acquisition, manufacture or
sale, the new law separated the offenses of acquisition or possession from the offenses of
manufacture, importation, or sale of firearms and ammunition and provides a higher penalty to the
latter.

The following are the offenses punished under the new law:

A—Offenses relating to acquisition or possession:

(1) Unlawful acquisition or possession of firearms;

(2) Unlawful acquisition or possession of ammunition;

(3) Unlawful acquisition or possession of major parts of a firearm;

(4) Buying or possession of stolen part or material from a company engaged in the manufacture
and sell of firearms and ammunition, when the buyer or possessor is aware that such part or material
was stolen (Sec. 32, par. 3);

It must be noted that the offense of unlawful possession or acquisition of ammunition of Class—A
Light Weapon punished under Sec. 28 (i) was repeated under paragraph (g), which provide a lighter
penalty therefor.

B—Offenses relating to manufacture, importation or sale:

(1) Unlawful manufacture, importation, sale or disposition of firearms, ammunition, major part of a
firearm or ammunition, or machinery, tool or instrument used or intended to be used in the
manufacture of a firearm, ammunition or major part thereof (Sec. 32);

(2) Arms smuggling (Sec. 33);

(3) Unlawful taking, sale or disposition by labourer, worker or employee of a licensed firearms dealer
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 (Sec. 32);

It is worthy of note that 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 unlawful or illegal manufacture of
firearms, ammunition or parts thereof. It is doubtful, however, whether possession of such
machinery, tool or instrument is punished by the first paragraph of Section 32. What is punished by
said paragraph is the unlawful manufacture, importation, sale or disposition of machinery, tool or
instrument. It hardly includes as punishable intent to use machinery, tool or instruments intended to
be used for the manufacture of firearms and ammunitions.

C—Other related offenses:

(1) Carrying of firearms outside of residence without legal authority (Sec. 31);

(2) Tampering, Obliteration or Alteration of Firearms Identification (Sec. 34);

(3) Planting of firearms, ammunition or parts thereof as evidence (Sec. 38);

(4) Failure to notify lost or stolen firearm (Sec. 40);

(5) Illegal transfer or registration of firearm (Sec. 41); and

(6) Fraudulent facilitating the registration of a firearm by a public officer (Sec. 41, 2ndpar.).

Qualifying or Aggravating Circumstances.

 Circumstances relating to possession. — The offenses of acquisition or possession of short
arms and/or Class—A Light Weapons may be qualified by the possession of three or more short
arms or Class—A Light Weapons, in which case the penalty shall be reclusion temporal to reclusion
perpetua.

Illegal possession of short arms or Class—A Light Weapons may also be qualified by any or
combination of the following conditions namely:

(1) When the firearm is loaded with ammunition or inserted with a loaded magazine;

(2) When the firearm is 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) When it is fitted with sniper scopes, firearm muffler or firearm silencer;

(4) When it is accompanied with an extra barrel; and

(5) When it is converted to be capable of firing full automatic bursts.

In such cases, the penalty shall be one (1) degree higher than that provided for offense, and the
offense may be called Qualified Illegal Possession of Firearms.

Circumstances relating to use.—The use of a loose firearm, when inherent in the commission of a
crime punishable under the Revised Penal Code or other special laws, such as, for example, murder
or homicide, shall be considered as an aggravating circumstance. However, if the crime committed is
penalized by law with a maximum penalty lower than the penalty for illegal possession of firearm, the
penalty for the latter shall be imposed in lieu of the penalty for the crime charged. On the other hand,
if the penalties are equal, the penalty of prision mayor in its minimum period shall be imposed in
addition to the penalty imposed against the offender for the crime committed (Sec. 29).

Notably, if the firearm used in the commission of a crime is licensed, the use of such firearm shall not
be considered as an aggravating circumstance. If there be any violation of the law, it shall be treated
as a distinct and separate offense (Sec. 29), as, for instance, carrying of the firearm outside of
residence without authority therefor.

Note must be taken of the fact that possession or acquisition of ammunition of Class—A light
weapon was twice mentioned in the law, that is, Sec. 28(g) and Sec. 28(i). It is, however, believed
that the insertion of the words “Class—A light weapon” in par. (g) is a clerical error.

Moreover, if the violation on possession or acquisition of ammunition is committed by the

same person charged with unlawful possession or acquisition of firearm, the possession of
ammunition is absorbed in the unlawful possession of the firearm.

Other Matters.

The other notable features of the new law are the following:

1. Use of imitation firearm. An imitation firearm used in the commission of a crime shall be
considered a real firearm and the offender shall be punished in accordance with the new law.
An imitation firearm refers to a replica of a firearm, or other device that is so substantially
similar in coloration and overall appearance to an existing firearm as to lead a reasonable
person to believe that such imitation firearm is a real firearm (Sec. 3(q)).

2. Custodia legis. During the pendency of any case filed in violation of the Act, seized firearm,
ammunition, or parts thereof, machinery, tool or instruments shall remain in the custody of
the court (Sec. 36). This provision runs afoul with ordinary criminal procedure in which object
evidence shall remain under the custody of the prosecution until it is offered in evidence after
the termination of its presentation of testimonial evidence.

Registration of firearms.
 Only small arms may be registered by licensed citizens or licensed juridical entities for
ownership, possession and concealed carry. However, private individuals who already have licenses
to possess Class—A light weapons upon the effectivity of the Act shall not be deprived of the
privilege to continue possessing the same and renewing the licenses therefor (Sec. 10). The
licensed citizen or juridical entity shall register his purchased firearms with the Firearms and
Explosive Office of the Philippine National Police (Sec. 11). The license granted shall include the
license to possess ammunition with a maximum of fifty (50) rounds for each registered firearms (Sec.
12). Except a certified gun collector, the maximum number of registered firearms a qualified citizen
may own and possession is fifteen (15) (Sec. 9).

Qualifications for the issuance of firearms license.

In order to qualify and acquire a license to own firearms and ammunition, the applicant must
be: (1) Filipino citizen; (2) at least twenty-one (21) years old; and (3) has gainful work, occupation or
business or has filed an Income Tax Return (ITR) for the preceding year.

In addition, the applicant shall submit various certifications from the appropriate authorities
(see Sec. 4).

Conditions for the issuance of permit to carry firearms.

A permit to carry firearms outside of residence shall be issued by the Chief of the PNP or his
duly authorized representative to any qualified person whose life is under actual threat or his life is in
imminent danger due to the nature of her profession, occupation of business. The burden of proving
actual threat lies with the applicant by submitting a threat assessment certificate from the PNP.

For purposes of the Act, the following professionals are considered to be in imminent danger
due to the nature of their profession, occupation or business: (a) Members of the Philippine Bar; (b)
CPAs; (c) Accredited Media Practitioners; (d) Cashiers, Bank Tellers; (e) Priests, Ministers, Rabbi,
Imams; (f) Physicians and Nurses; (g) Engineers; and (h) Businessmen, who by the nature of their
business or undertaking are exposed to high risk of being targets of criminal elements.
Republic Act No. 8294 June 6, 1997

AN ACT AMENDING THE PROVISIONS OF PRESIDENTIAL DECREE NO. 1866, AS AMENDED,

ENTITLED "CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION, MANUFACTURE,
DEALING IN, ACQUISITION OR DISPOSITION OF FIREARMS, AMMUNITION OR EXPLOSIVES
OR INSTRUMENTS USED IN THE MANUFACTURE OF FIREARMS, AMMUNITION OR
EXPLOSIVES, AND IMPOSING STIFFER PENALTIES FOR CERTAIN VIOLATIONS THEREOF,
AND FOR RELEVANT PURPOSES."

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

assembled::

Section 1. Sec. 1 Presidential Decree No. 1866, as amended, is hereby further amended to read as
follows:

"Sec. 1. Unlawful manufacture, sale, acquisition, disposition or possession of firearms or ammunition

or instruments used or intended to be used in the manufacture of firearms or ammunition. – The
penalty of prision correccional in its maximum period 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 ammunition: Provided, That no other
crime was committed.

"The penalty of prision mayor in its minimum period and a fine of Thirty thousand pesos (P30,000)
shall be imposed if the firearm is classified as high powered firearm which includes those with bores
bigger in diameter than .38 caliber and 9 millimeter such as caliber .40, .41, .44, .45 and also lesser
calibered firearms but considered powerful such as caliber .357 and caliber .22 center-fire magnum
and other firearms with firing capability of full automatic and by burst of two or three: Provided,
however, That no other crime was committed by the person arrested.

"If homicide or murder is committed with the use of an unlicensed firearm, such use of an unlicensed
firearm shall be considered as an aggravating circumstance.

"If the violation of this Sec. is in furtherance of or incident to, or in connection with the crime of
rebellion or insurrection, sedition, or attempted coup d'etat, such violation shall be absorbed as an
element of the crime of rebellion, or insurrection, sedition, or attempted coup d'etat.

"The same penalty shall be imposed upon the owner, president, manager, director or other
responsible officer of any public or private firm, company, corporation or entity, who shall willfully or
knowingly allow any of the firearms owned by such firm, company, corporation or entity to be used
by any person or persons found guilty of violating the provisions of the preceding paragraphs or
willfully or knowingly allow any of them to use unlicensed firearms or firearms without any legal
authority to be carried outside of their residence in the course of their employment.

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

Section 2. Sec. 3 of Presidential Decree No. 1866, as amended, is hereby further amended to read
as follows:

"Sec. 3. Unlawful manufacture, sale, acquisition, disposition or possession of explosives. – The

penalty of prision mayor in its maximum period to reclusion temporal and a fine of not less than Fifty
thousand pesos (P50,000) shall be imposed upon any person who shall unlawfully manufacture,
assemble, deal in, acquire, dispose or possess hand grenade(s), rifle grenade(s), and other
explosives, including but not limited to 'pillbox,' 'molotov cocktail bombs,' 'fire bombs,' or other
incendiary devices capable of producing destructive effect on contiguous objects or causing injury or
death to any person.

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

Section 3. Sec. 5 of Presidential Decree No. 1866, as amended, is hereby further amended to read
as follows:

"Sec. 5. Tampering of firearm's serial number. – The penalty of prision correccional shall be imposed
upon any person who shall unlawfully tamper, change, deface or erase the serial number of any
firearm."

Section 4. Sec. 6 of Presidential Decree No. 1866, as amended, is hereby further amended to read
as follows:

"Sec. 6. Repacking or altering the composition of lawfully manufactured explosives. – The penalty of
prision correccional shall be imposed upon any person who shall unlawfully repack, alter or modify
the composition of any lawfully manufactured explosives."

Section 5. Coverage of the Term Unlicensed Firearm. – The term unlicensed firearm shall
include:

1) firearms with expired license; or

2) unauthorized use of licensed firearm in the commission of the crime.

Section 6. Rules and regulations. – The Department of Justice and the Department of the Interior
and Local Government shall jointly issue, within ninety (90) days after the approval of this Act, the
necessary rules and regulations pertaining to the administrative aspect of the provisions hereof,
furnishing the Committee on Public Order and Security and the Committee on Justice and Human
Rights of both Houses of Congress copies of such rules and regulations within thirty (30) days from
the promulgation hereof.

Section 7. Separability clause. – If, for any reason, any Sec. or provision of this Act is declared to
be unconstitutional or invalid, the other Sec.s or provisions thereof which are not affected thereby
shall continue to be in full force and effect.

Section 8. Repealing clause. – All laws, decrees, orders, rules and regulations or parts thereof
inconsistent with the provisions of this Act are hereby repealed, amended, or modified accordingly.

Section 9. Effectivity. – This Act shall take effect after fifteen (15) days following its publication in
the Official Gazette or in two (2) newspapers of general circulation.

Approved: June 6, 1997.

Presidential Decree No. 1866 June 29, 1983

Amended by RA 9516 "Section 3 and 4" CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL

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

WHEREAS, there has been an upsurge of crimes vitally affecting public order and safety due to the
proliferation of illegally possessed and manufactured firearms, ammunition and explosives;
WHEREAS, these criminal acts have resulted in loss of human lives, damage to property and
destruction of valuable resources of the country; WHEREAS, there are various laws and presidential
decrees which penalized illegal possession and manufacture of firearms, ammunition and
explosives; WHEREAS, there is a need to consolidate, codify and integrate said laws and
presidential decrees to harmonize their provisions; WHEREAS, there are some provisions in said
laws and presidential decrees which must be updated and revised in order to more effectively deter
violators of the law on firearms, ammunition and explosives. NOW, THEREFORE, I, FERDINAND E.
MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution, do
hereby decree:

Section 1. Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of Firearms or

Ammunition or Instruments Used or Intended to be Used in the Manufacture of Firearms of
Ammunition. - The penalty of reclusion temporal in its maximum period to reclusion perpetua shall be
imposed upon any person who shall unlawfully manufacture, deal in, acquire, dispose, or possess
any firearm, part of firearm, ammunition or machinery, tool or instrument used or intended to be used
in the manufacture of any firearm or ammunition. If homicide or murder is committed with the use of
an unlicensed firearm, the penalty of death shall be imposed. If the violation of this Section is in
furtherance of, or incident to, or in connection with the crimes of rebellion, insurrection or subversion,
the penalty of death shall be imposed. The penalty of reclusion temporal in its maximum period to
reclusion perpetua shall be imposed upon the owner, president, manager, director or other
responsible officer of any public or private firm, company, corporation or entity, who shall willfully or
knowingly allow any of the firearms owned by such firm, company, corporation or entity to be used
by any person or persons found guilty of violating the provisions of the preceding paragraphs. The
penalty of prision mayor shall be imposed upon any person who shall carry any licensed firearm
outside his residence without legal authority therefor.

Section 2. Presumption of Illegal Manufacture of Firearms or Ammunition. - The possession of any

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

Section 3. Unlawful Manufacture, Sales, Acquisition, Disposition or Possession of Explosives. - The

penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed upon any
person who shall unlawfully manufacture, assemble, deal in, acquire, dispose or possess hand
grenade(s), rifle grenade(s) and other explosives, including but not limited to "philbox bombs",
"molotov cocktail bomb", "fire-bombs", or other incendiary devices capable of producing destructive
effect on contiguous objects or causing injury or death to any person.1aw phi1©ITC Any person who
commits any of the crimes defined in the Revised Penal Code or special laws with the use of the
aforementioned explosives, detonation agents or incendiary devices, which results in the death of
any person or persons shall be punished with the penalty of death. If the violation of this Section is in
furtherance of, or incident to, or in connection with the crimes of rebellion, insurrection or subversion,
the penalty of death shall be imposed. The penalty of reclusion temporal in its maximum period to
reclusion perpetua shall be imposed upon the owner, president, manager, director or other
responsible officer of any public or private firm, company, corporation or entity, who shall willfully or
knowingly allow any of the explosives owned by such firm, company, corporation or entity to be used
by any person or persons found guilty of violating the provisions of the preceding paragraphs.
Section 4. Presumption of Unlawful Manufacture. - The possession of any machinery, tool or
instrument directly used in the manufacture of explosives, by any person whose business or
employment does not lawfully deal with the manufacture of explosives shall be prima facie evidence
that such article is intended to be used in the unlawful/illegal manufacture of explosives.

Section 5. Tampering of Firearm's Serial Number. - The penalty of prision mayor shall be imposed
upon any person who shall unlawfully tamper, change, deface or erase the serial number of any
firearm.

Section 6. Repacking or Altering the Composition of Lawfully Manufactured Explosives. - The

penalty of prision mayor shall be imposed upon any person who shall unlawfully repack, alter or
modify the composition of any lawfully manufactured explosives.

Section 7. Unauthorized Issuance of Authority to Carry Firearm and/or Ammunition Outside of

Residence. - The penalty of prision correccional shall be imposed upon any person, civilian or
military, who shall issue authority to carry firearm and/or ammunition outside of residence, without
authority therefor.

Section 8. Rules and Regulations. - The Chief of the Philippine Constabulary shall promulgate the
rules and regulations for the effective implementation of this Decree.

Section 9. Repealing Clause. - The provisions of Republic Act No. 4, Presidential Decree No. 9,
Presidential Decree No. 1728 and all laws, decrees, orders, instructions, rules and regulations which
are inconsistent with this Decree are hereby repealed, amended or modified accordingly.

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

 RA 9516 Ammended
“AN ACT FURTHER AMENDING THE PROVISIONS OF PRESIDENTIAL DECREE NO.
1866, AS AMENDED, ENTITLED CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL
POSSESSION, MANUFACTURE, DEALING IN, ACQUISITION OR DISPOSITION OF
FIREARMS, AMMUNITION OR EXPLOSIVES OR INSTRUMENTS USED IN THE
MANUFACTURE OF FIREARMS, AMMUNITION OR EXPLOSIVES, AND IMPOSING
STIFFER PENALTIES FOR CERTAIN VIOLATIONS THEREOF, AND FOR OTHER
RELEVANT PURPOSES"

Section 3. Insert a new Section 3-B, 3-C, 3-D, 4, 4-A, 4-B, 4-C, 4-D, 4-E, 4-E and 4-F in
Presidential Decree No. 1866 to read as follows:
"SEC. 3-B. Penalty for the Owner, President, Manager, Director or Other Responsible Officer
of Any Public or Private Firm, Company, Corporation or Entity. - The penalty of reclusion
perpetua shall be imposed upon the owner, president, manager, director or other responsible
officer of any public or private firm, company, corporation or entity, who shall willfully or
knowingly allow any explosive or incendiary device or parts thereof owned or controlled 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.
"SEC. 3-C. Relationship of Other Crimes with a Violation of this Decree and the Penalty
Therefor. - When a violation of Section 3, 3-A or 3-B of this Decree is a necessary means for
committing any of the crimes defined in the Revised Penal Code or special laws, or is in
furtherance of, incident to, in connection with, by reason of, or on occassion of any of the
crimes defined in the Revised Penal Code or special laws, the penalty of reclusion perpetua
and a fine ranging from One Hundred Thousand pesos (P100,000.00) to One million pesos
(P1,000,000.00) shall be imposed.
"SEC. 3-D. Former Conviction or Acquittal; Double Jeopardy. - Subject to the provisions of
the Rules of Court on double jeopardy, if the application thereof is more favorable to the
accused, the conviction or acquittal of the accused or the dismissal of the case for violation
of this Decree shall be a bar to another prosecution of the same accused for any offense
where the violation of this Decree was a necessary means for committing the offense or in
furtherance of which, incident to which, in connection with which, by reason of which, or on
occasion of which, the violation of this Decree was committed, and vice versa.
 "SEC. 4. Responsibility and liability of Law Enforcement Agencies and Other Government
Officials and Employees in Testifying as Prosecution Witnesses. - Any member of law
enforcement agencies or any other government official and employee who, after due notice,
fails or refuses, intentionally or negligently, to appear as a witness for the prosecution of the
defense in any proceeding, involving violations of this Decree, without any valid reason, shall
be punished with reclusion temporal and a fine of Five hundred Thousand pesos.
.
"SEC 4-A. Criminal Liability for Planting of Evidence. - Any person who is found guilty of
'planting' any explosive or incendiary device or any part, ingredient, machinery, tool or
instrument of any explosive or incendiary device, whether chemical, mechanical, electronic,
electrical or otherwise, shall suffer the penalty of reclusion perpetua. "Planting of evidence
shall mean the willful act by any person of maliciously and surreptitiously inserting, placing,
adding or attaching, directly or indirectly, through any overt or covert act, whatever quantity
of any explosive or incendiary device or any part, ingredient, machinery, tool or instrument of
any explosive or incendiary device, whether chemical, mechanical, electronic, electrical or
otherwise in the person, house, effects or in the immediate vicinity of an innocent individual
for the purpose of implicating incriminating or imputing the commission of any violation of this
Decree.
"SEC. 4-B. Continuous Trial. - In cases involving violations of this Decree, the judge shall set
the case for continuous trial on a daily basis from Monday to Friday or other short-term trial
calendar so as to ensure speedy trial. Such case shall be terminated within ninety (90) days
from arraignment of the accused.
"SEC. 4-C. Authority to Import, Sell or Possess Chemicals or Accessories for Explosives. -
Only persons or entities issued a manufacturer's license, dealer's license or purchaser's
license by the Philippine National Police (PNP)-Firearms and Explosives Division may import
any of the chemical or accessories that can be used in the manufacture of explosives or
explosive ingredients from foreign suppliers, or possess or sell them to licensed dealers or
end users, as the case may be.
"SEC. 4-D. Types of Chemicals/Accessories Covered. - The chemicals and accessories
mentioned in the preceding Section shall exclusively refer to chlorates, nitrates, nitric acid
and such other chemicals and accessories that can be used for the manufacture of
explosives and explosive ingredients.
"SEC. 4-E. Record of Transactions. - Any person or entity who intends to import, sell or
possess the aforecited chemicals or accessories shall file an application with the chief of the
PNP, stating therein the purpose for which the license and/or permit is sought and such other
information as may be required by the said official. The concerned person or entity shall
maintain a permanent record of all transactions entered into in relation with the aforecited
chemicals or accessories, which documents shall be open to inspection by the appropriate
authorities.
"SEC. 4-F. Cancellation of License. - Failure to comply with the provision of Section 4-C, 4-D
and 4-E shall be sufficient cause for the cancellation of the license and the confiscation of all
such chemicals or accessories, whether or not lawfully imported, purchased or possessed by
the subject person or entity."

Sec. 4. Separability Clause. - If, for any reason, any provision of this Act is declared to be
unconstitutional or invalid, the other Sections or provisions thereof which are not affected
thereby shall continue to be in full force and effect.