INTERTAS, ANGELA
1P
S​ALIENT PROVISIONS OF SPECIAL PENAL LAWS
1) P.D. 532​ (​ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW OF 1974)
Section 1​. ​Title.​ This Decree shall be known as the Anti-Piracy and Anti-Highway Robbery Law of 1974.
Section 2​. ​Definition of Terms.​ The following terms shall mean and be understood, as follows:
a. Philippine Waters. It shall refer to all bodies of water, such as but not limited to, seas, gulfs, bays
around, between and connecting each of the Islands of the Philippine Archipelago, irrespective of its
depth, breadth, length or dimension, and all other waters belonging to the Philippines by historic or legal
title, including territorial sea, the sea-bed, the insular shelves, and other submarine areas over which the
Philippines has sovereignty or jurisdiction.
b. Vessel. Any vessel or watercraft used for transport of passengers and cargo from one place to another
through Philippine Waters. It shall include all kinds and types of vessels or boats used in fishing.
c. Philippine Highway. It shall refer to any road, street, passage, highway and bridges or other parts
thereof, or railway or railroad within the Philippines used by persons, or vehicles, or locomotives or trains
for the movement or circulation of persons or transportation of goods, articles, or property or both.
d. Piracy. Any attack upon or seizure of any vessel, or the taking away of the whole or part thereof or its
cargo, equipment, or the personal belongings of its complement or passengers, irrespective of the value
thereof, by means of violence against or intimidation of persons or force upon things, committed by any
person, including a passenger or member of the complement of said vessel, in Philippine waters, shall be
considered as piracy. The offenders shall be considered as pirates and punished as hereinafter provided.
e. Highway Robbery/Brigandage. The seizure of any person for ransom, extortion or other unlawful
purposes, or the taking away of the property of another by means of violence against or intimidation of
person or force upon things of other unlawful means, committed by any person on any Philippine
Highway.
Section 3​. ​Penalties. Any person who commits piracy or highway robbery/brigandage as herein defined,
shall, upon conviction by competents court be punished by:
a. Piracy. The penalty of reclusion temporal in its medium and maximum periods shall be imposed. If
physical injuries or other crimes are committed as a result or on the occasion thereof, the penalty of
reclusion perpetua shall be imposed. If rape, murder or homicide is committed as a result or on the
occasion of piracy, or when the offenders abandoned the victims without means of saving themselves, or
when the seizure is accomplished by firing upon or boarding a vessel, the mandatory penalty of death
shall be imposed.
b. Highway Robbery/Brigandage. The penalty of reclusion temporal in its minimum period shall be
imposed. If physical injuries or other crimes are committed during or on the occasion of the commission of
robbery or brigandage, the penalty of reclusion temporal in its medium and maximum periods shall be
imposed. If kidnapping for ransom or extortion, or murder or homicide, or rape is committed as a result or
on the occasion thereof, the penalty of death shall be imposed.
Section 4. ​Aiding pirates or highway robbers/brigands or abetting piracy or highway robbery/brigandage.
Any person who knowingly and in any manner aids or protects pirates or highway robbers/brigands, such
as giving them information about the movement of police or other peace officers of the government, or
acquires or receives property taken by such pirates or brigands or in any manner derives any benefit
therefrom; or any person who directly or indirectly abets the commission of piracy or highway robbery or
brigandage, shall be considered as an accomplice of the principal offenders and be punished in
accordance with the Rules prescribed by the Revised Penal Code.
It shall be presumed that any person who does any of the acts provided in this Section has performed
knowingly, unless the contrary is proven.
Section 5​. ​Repealing Clause. Pertinent portions of Act No. 3815, otherwise known as the Revised Penal
Code; and all laws, decrees, or orders or instructions, or parts thereof, insofar as they are inconsistent
with this Decree are hereby repealed or modified accordingly.
Section 6​. ​Effectivity.​ This Decree shall take effect upon approval.
2) P.D. 6235 (​AN ACT PROHIBITING CERTAIN ACTS INIMICAL TO CIVIL AVIATION, AND FOR
OTHER PURPOSES.)
Section 1. It shall be unlawful for any person to compel a change in the course or destination of an
aircraft of Philippine registry, or to seize or usurp the control thereof, while it is in flight. An aircraft is in
flight from the moment all its external doors are closed following embarkation until any of such doors is
opened for disembarkation.
It shall likewise be unlawful for any person to compel an aircraft of foreign registry to land in Philippine
territory or to seize or usurp the control thereof while it is within the said territory.
Section 2. Any person violating any provision of the foregoing section shall be punished by an
imprisonment of not less than twelve years but not more than twenty years, or by a fine of not less than
twenty thousand pesos but not more than forty thousand pesos.
The penalty of imprisonment of fifteen years to death, or a fine of not less than twenty-five thousand
pesos but not more than fifty thousand pesos shall be imposed upon any person committing such
violation under any of the following circumstances:
1. Whenever he has fired upon the pilot, member of the crew or passenger of the aircraft;
2. Whenever he has exploded or attempted to explode any bomb or explosive to destroy the aircraft; or
3. Whenever the crime is accompanied by murder, homicide, serious physical injuries or rape.
3) R.A. 9372 (​AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM
TERRORISM)
SECTION 1. ​Short Title.​ - This Act shall henceforth be known as the "​Human Security Act of
2007​."
SEC. 2. ​Declaration of Policy​. - It is declared a policy of the State to protect life, liberty, and
property from acts of terrorism, to condemn terrorism as inimical and dangerous to the national
security of the country and to the welfare of the people, and to make terrorism a crime against the
Filipino people, against humanity, and against the law of nations.
In the implementation of the policy stated above, the State shall uphold the basic rights and
fundamental liberties of the people as enshrined in the Constitution.
The State recognizes that the fight against terrorism requires a comprehensive approach,
comprising political, economic, diplomatic, military, and legal means duly taking into account the root
causes of terrorism without acknowledging these as justifications for terrorist and/or criminal
activities. Such measures shall include conflict management and post-conflict peace-building,
addressing the roots of conflict by building state capacity and promoting equitable economic
development.
Nothing in this Act shall be interpreted as a curtailment, restriction or diminution of constitutionally
recognized powers of the executive branch of the government. It is to be understood, however that
the exercise of the constitutionally recognized powers of the executive department of the
government shall not prejudice respect for human rights which shall be absolute and protected at all
times.
SEC. 3. ​Terrorism.​ ​- Any person who commits an act punishable under any of the following
provisions of the Revised Penal Code:
a. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters);
b. Article 134 (Rebellion or Insurrection);
c. Article 134-a (Coup d' Etat), including acts committed by private persons;
d. Article 248 (Murder);
e. Article 267 (Kidnapping and Serious Illegal Detention);
f. Article 324 (Crimes Involving Destruction), or under
1. Presidential Decree No. 1613 (The Law on Arson);
2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of
1990);
3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974); and,
6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and Unlawful
Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunitions or
Explosives)
thereby sowing and creating a condition of widespread and extraordinary fear and panic among the
populace, in order to coerce the government to give in to an unlawful demand shall be guilty of the
crime of terrorism and shall suffer the penalty of forty (40) years of imprisonment, without the benefit
of parole as provided for under Act No. 4103, otherwise known as the Indeterminate Sentence Law,
as amended.
SEC. 4. ​Conspiracy to Commit Terrorism​. - Persons who conspire to commit the crime of
terrorism shall suffer the penalty of forty (40) years of imprisonment.
There is conspiracy when two or more persons come to an agreement concerning the commission of
the crime of terrorism as defined in Section 3 hereof and decide to commit the same.
SEC. 5. ​Accomplice​. - Any person who, not being a principal under Article 17 of the Revised Penal
Code or a conspirator as defined in Section 4 hereof, cooperates in the execution of either the crime
of terrorism or conspiracy to commit terrorism by previous or simultaneous acts shall suffer the
penalty of from seventeen (17) years, four months one day to twenty (20) years of imprisonment.
SEC. 6. ​Accessory.​ - Any person who, having knowledge of the commission of the crime of
terrorism or conspiracy to commit terrorism, and without having participated therein, either as
principal or accomplice under Articles 17 and 18 of the Revised Penal Code, takes part subsequent
to its commission in any of the following manner: (a) by profiting himself or assisting the offender to
profit by the effects of the crime; (b) by concealing or destroying the body of the crime, or the effects,
or instruments thereof, in order to prevent its discovery; (c) by harboring, concealing, or assisting in
the escape of the principal or conspirator of the crime, shall suffer the penalty of ten (10) years and
one day to twelve (12) years of imprisonment.
Notwithstanding the above paragraph, the penalties prescribed for accessories shall not be imposed
upon those who are such with respect to their spouses, ascendants, descendants, legitimate,
natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the
single exception of accessories falling within the provisions of subparagraph (a).
SEC. 7. ​Surveillance of Suspects and Interception and Recording of Communications.​ -The
provisions of Republic Act No. 4200 (Anti-Wire Tapping Law) to the contrary notwithstanding, a
police or law enforcement official and the members of his team may, upon a written order of the
Court of Appeals, listen to, intercept and record, with the use of any mode, form, kind or type of
electronic or other surveillance equipment or intercepting and tracking devices, or with the use of
any other suitable ways and means for that purpose, any communication, message, conversation,
discussion, or spoken or written words between members of a judicially declared and outlawed
terrorist organization, association, or group of persons or of any person charged with or suspected of
the crime of terrorism or conspiracy to commit terrorism.
Provided​, That surveillance, interception and recording of communications between lawyers and
clients, doctors and patients, journalists and their sources and confidential business correspondence
shall not be authorized.
SEC. 26. ​Restriction on Travel​. - In cases where evidence of guilt is not strong, and the person
charged with the crime of terrorism or conspiracy to commit terrorism is entitled to bail and is granted
the same, the court, upon application by the prosecutor, shall limit the right of travel of the accused
to within the municipality or city where he resides or where the case is pending, in the interest of
national security and public safety, consistent with Article III, Section 6 of the Constitution. Travel
outside of said municipality or city, without the authorization of the court, shall be deemed a violation
of the terms and conditions of his bail, which shall then be forfeited as provided under the Rules of
Court.
He/she may also be placed under house arrest by order of the court at his or her usual place of
residence.
While under house arrest, he or she may not use telephones, cellphones, e-mails, computers, the
internet or other means of communications with people outside the residence until otherwise ordered
by the court.
The restrictions abovementioned shall be terminated upon the acquittal of the accused or of the
dismissal of the case filed against him or earlier upon the discretion of the court on motion of the
prosecutor or of the accused.
SEC. 60. ​Separability Clause.​ - If for any reason any part or provision of this Act is declared
unconstitutional or invalid, the other parts or provisions hereof which are not affected thereby shall
remain and continue to be in full force and effect.
SEC. 61. ​Repealing Clause.​ - All laws, decrees, executive orders, rules or regulations or parts
thereof, inconsistent with the provisions of this Act are hereby repealed, amended, or modified
accordingly.
SEC. 62. ​Special Effectivity Clause.​ - After the bill shall have been signed into law by the
President, the Act shall be published in three newspapers of national circulation; three newspapers
of local circulation, one each in llocos Norte, Baguio City and Pampanga; three newspapers of local
circulation, one each in Cebu, lloilo and Tacloban; and three newspapers of local circulation, one
each in Cagayan de Oro, Davao and General Santos city.
4) P.D.1866 (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. ​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
handgrenade(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.1awphi1©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.
5) R.A. 8924
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.
6) R.A. 10591 AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON FIREARMS AND
AMMUNITION AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
ARTICLE I
TITLE, DECLARATION OF POLICY AND DEFINITION OF TERMS
Section 1. ​Short Title. – This Act shall be known as the "Comprehensive Firearms and Ammunition
Regulation Act".
Section 2. ​Declaration of State Policy. – It is the policy of the State to maintain peace and order and
protect the people against violence. The State also recognizes the right of its qualified citizens to
self-defense through, when it is the reasonable means to repel the unlawful aggression under the
circumstances, the use of firearms. Towards this end, the State shall provide for a comprehensive law
regulating the ownership, possession, carrying, manufacture, dealing in and importation of firearms,
ammunition, or parts thereof, in order to provide legal support to law enforcement agencies in their
campaign against crime, stop the proliferation of illegal firearms or weapons and the illegal manufacture
of firearms or weapons, ammunition and parts thereof.
Section 3. ​Definition of Terms.​ – As used in this Act:
(a) ​Accessories r​ efer to parts of a firearm which may enhance or increase the operational efficiency or
accuracy of a firearm but will not constitute any of the major or minor internal parts thereof such as, hut
not limited to, laser scope, telescopic sight and sound suppressor or silencer.
(b) ​Ammunition ​refers to a complete unfixed unit consisting of a bullet, gunpowder, cartridge case and
primer or loaded shell for use in any firearm.
(c) ​Antique firearm ​refers to any: (1) firearm which was manufactured at least seventy-five (75) years prior
to the current date but not including replicas; (2) firearm which is certified by the National Museum of the
Philippines to be curio or relic of museum interest; and (3) any other firearm which derives a substantial
part of its monetary value from the fact that it is novel, rare, bizarre or because of its association with
some historical figure, period or event.
(d) ​Arms smuggling ​refers to the import, export, acquisition, sale, delivery, movement or transfer of
firearms, their parts and components and ammunition, from or across the territory of one country to that of
another country which has not been authorized in accordance with domestic law in either or both
country/countries.
(e) ​Authority to import r​ efers to a document issued by the Chief of the Philippine National Police (PNP)
authorizing the importation of firearms, or their parts, ammunition and other components.
(f) ​Authorized dealer ​refers to any person, legal entity, corporation, partnership or business entity duly
licensed by the Firearms and Explosive Office (FEO) of the PNP to engage in the business of buying and
selling ammunition, firearms or parte thereof, at wholesale or retail basis.
(g) ​Authorized importer ​refers to any person, legal entity, corporation, partnership or business duly
licensed by the FEO of the PNP to engage in the business of importing ammunition and firearms, or parts
thereof into the territory of the Republic of the Philippines for purposes of sale or distribution under the
provisions of this Act.
(h) ​Authorized manufacturer r​ efers to any person, legal entity, corporation, or partnership duly licensed by
the FEO of the PNP to engage in the business of manufacturing firearms, and ammunition or parts
thereof for purposes of sale or distribution.1âwphi1
(i) ​Confiscated firearm ​refers to a firearm that is taken into custody by the PNP, National Bureau of
Investigation (NBI), Philippine Drug Enforcement Agency (PDEA), and all other law enforcement agencies
by reason of their mandate and must be necessarily reported or turned over to the PEO of the PNP.
(j) ​Demilitarized firearm ​refers to a firearm deliberately made incapable of performing its main purpose of
firing a projectile.
(k) ​Duty detail order r​ efers to a document issued by the juridical entity or employer wherein the details of
the disposition of firearm is spelled-out, thus indicating the name of the employee, the firearm information,
the specific duration and location of posting or assignment and the authorized bonded firearm custodian
for the juridical entity to whom such firearm is turned over after the lapse of the order.
(l) ​Firearm r​ efers to any handheld or portable weapon, whether a small arm or light weapon, that expels
or is designed to expel a bullet, shot, slug, missile or any projectile, which is discharged by means of
expansive force of gases from burning gunpowder or other form of combustion or any similar instrument
or implement. For purposes of this Act, the barrel, frame or receiver is considered a firearm.
(m) ​Firearms Information Management System (FIMS) ​refers to the compilation of all data and information
on firearms ownership and disposition for record purposes.
(n) ​Forfeited firearm ​refers to a firearm that is subject to forfeiture by reason of court order as accessory
penalty or for the disposition by the FEO of the PNP of firearms considered as abandoned, surrendered,
confiscated or revoked in compliance with existing rules and regulations.
(o) ​Gun club r​ efers 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, partnership or business duly licensed by the
FEO of the PNP to engage in the business of repairing firearms and other weapons or constructing or
assembling firearms and weapons from finished or manufactured parts thereof on a per order basis and
not in commercial quantities or of making minor parts for the purpose of repairing or assembling said
firearms or weapons.
(q) ​Imitation firearm ​refers to a replica of a firearm, or other device that is so substantially similar in
coloration and overall appearance to an existing firearm as to lead a reasonable person to believe that
such imitation firearm is a real firearm.
(r) ​Licensed citizen ​refers to any Filipino who complies with the qualifications set forth in this Act and duly
issued with a license to possess or to carry firearms outside of the residence in accordance with this Act.
(s) ​Licensed, juridical entity r​ efers to corporations, organizations, businesses including security agencies
and local government units (LGUs) which are licensed to own and possess firearms in accordance with
this Act.
(t) ​Light weapons ​are: Class-A Light weapons which refer to self-loading pistols, rifles and carbines,
submachine guns, assault rifles and light machine guns not exceeding caliber 7.62MM which have fully
automatic mode; and Class-B Light weapons which refer to weapons designed for use by two (2) or more
persons serving as a crew, or rifles and machine guns exceeding caliber 7.62MM such as heavy machine
guns, handheld underbarrel and mounted grenade launchers, portable anti-aircraft guns, portable
anti-tank guns, recoilless rifles, portable launchers of anti-tank missile and rocket systems, portable
launchers of anti-aircraft missile systems, and mortars of a caliber of less than 100MM.
(u) ​Long certificate of registration ​refers to licenses issued to government agencies or offices or
government-owned or -controlled corporations for firearms to be used by their officials and employees
who are qualified to possess firearms as provider in this Act, excluding security guards.
(v) ​Loose firearm r​ efers to an unregistered firearm, an obliterated or altered firearm, firearm which has
been lost or stolen, illegally manufactured firearms, registered firearms in the possession of an individual
other than the licensee and those with revoked licenses in accordance with the rules and regulations.
(w) ​Major part or components of a firearm r​ efers to the barrel, slide, frame, receiver, cylinder or the bolt
assembly. The term also includes any part or kit designed and intended for use in converting a
semi-automatic burst to a full automatic firearm.
(x) ​Minor parts of a firearm ​refers to the parts of the firearm other than the major parts which are
necessary to effect and complete the action of expelling a projectile by way of combustion, except those
classified as accessories.
(y) ​Permit to carry firearm outside of residence ​refers to a written authority issued to a licensed citizen by
the Chief of the PNP which entitles such person to carry his/her registered or lawfully issued firearm
outside of the residence for the duration and purpose specified in the authority.
(z) ​Permit to transport firearm r​ efers to a written authority issued to a licensed citizen or entity by the Chief
of the PNP or by a PNP Regional Director which entitles such person or entity to transport a particular
firearm from and to a specific location within the duration and purpose in the authority.
(aa) ​Residence r​ efers to the place or places of abode of the licensed citizen as indicated in his/her
license.
(bb) ​Shooting range r​ efers to a facility established for the purpose of firearms training and skills
development, firearm testing, as well as for sports and competition shooting either for the exclusive use of
its members or open to the general public, duly registered with and accredited in good standing by the
FEO of the PNP.
(cc) ​Short certificate of registration r​ efers to a certificate issued by the FEO of the PNP for a government
official or employee who was issued by his/her employer department, agency or government-owned or
-controlled corporation a firearm covered by the long certificate of registration.
(dd) ​Small arms r​ efer to firearms intended to be or primarily designed for individual use or that which is
generally considered to mean a weapon intended to be fired from the hand or shoulder, which are not
capable of fully automatic bursts of discharge, such as:
(1) Handgun which is a firearm intended to be fired from the hand, which includes:
(i) A pistol which is a hand-operated firearm having a chamber integral with or permanently aligned with
the bore which may be self-loading; and
(ii) Revolver which is a hand-operated firearm with a revolving cylinder containing chambers for individual
cartridges.
(2) Rifle which is a shoulder firearm or designed to be fired from the shoulder that can discharge a bullet
through a rifled barrel by different actions of loading, which may be classified as lever, bolt, or
self-loading; and
(3) Shotgun which is a weapon designed, made and intended to fire a number of ball shots or a single
projectile through a smooth bore by the action or energy from burning gunpowder.
(ee) ​Sports shooting competition ​refers to a defensive, precision or practical sport shooting competition
duly authorized by the FEO of the PNP.
(ff) ​Tampered, obliterated o
​ r ​altered firearm ​refers to any firearm whose serial number or other
identification or ballistics characteristics have been intentionally tampered with, obliterated or altered
without authority or in order to conceal its source, identity or ownership.
(gg) ​Thermal weapon sight ​refers to a battery operated, uncooled thermal imaging device which amplifies
available thermal signatures so that the viewed scene becomes clear to the operator which is used to
locate and engage targets during daylight and from low light to total darkness and operates in adverse
conditions such as light rain, light snow, and dry smoke or in conjunction with other optical and red dot
sights.
ARTICLE II
OWNERSHIP AND POSSESSION OF FIREARMS
Section 4. ​Standards and Requisites for Issuance of and Obtaining a License to Own and Possess
Firearms. – In order to qualify and acquire a license to own and possess a firearm or firearms and
ammunition, the applicant must be a Filipino citizen, at least twenty-one (21) years old and has gainful
work, occupation or business or has filed an Income Tax Return (ITR) for the preceding year as proof of
income, profession, business or occupation.
In addition, the applicant shall submit the following certification issued by appropriate authorities attesting
the following:
(a) The applicant has not been convicted of any crime involving moral turpitude;
(b) The applicant has passed the psychiatric test administered by a PNP-accredited psychologist or
psychiatrist;
(c) The applicant has passed the drug test conducted by an accredited and authorized drug testing
laboratory or clinic;
(d) The applicant has passed a gun safety seminar which is administered by the PNP or a registered and
authorized gun club;
(e) The applicant has filed in writing the application to possess a registered firearm which shall state the
personal circumstances of the applicant;
(f) The applicant must present a police clearance from the city or municipality police office; and
(g) The applicant has not been convicted or is currently an accused in a pending criminal case before any
court of law for a crime that is punishable with a penalty of more than two (2) years.
For purposes of this Act, an acquittal or permanent dismissal of a criminal case before the courts of law
shall qualify the accused thereof to qualify and acquire a license.
The applicant shall pay the reasonable licensing fees as may be provided in the implementing rules and
regulations of this Act.
An applicant who intends to possess a firearm owned by a juridical entity shall submit his/her duty detail
order to the FEO of the PNP.
Section 5. ​Ownership of Firearms and Ammunition by a Juridical Entity. – A juridical person maintaining
its own security force may be issued a regular license to own and possess firearms and ammunition
under the following conditions:
(a) It must be Filipino-owned and duly registered with the Securities and Exchange Commission (SEC);
(b) It is current, operational and a continuing concern;
(c) It has completed and submitted all its reportorial requirements to the SEC; and
(d) It has paid all its income taxes for the year, as duly certified by the Bureau of Internal Revenue.
The application shall be made in the name of the juridical person represented by its President or any of its
officers mentioned below as duly authorized in a board resolution to that effect: ​Provided, ​That the officer
applying for the juridical entity, shall possess all the qualifications required of a citizen applying for a
license to possess firearms.
Other corporate officers eligible to represent the juridical person are: the vice president, treasurer, and
board secretary.
Security agencies and LGUs shall be included in this category of licensed holders but shall be subject to
additional requirements as may be required by the Chief of the PNP.
Section 6. ​Ownership of Firearms by the National Government. – All firearms owned by the National
Government shall be registered with the FEO of the PNP in the name of the Republic of the Philippines.
Such registration shall be exempt from all duties and taxes that may otherwise be levied on other
authorized owners of firearms. For reason of national security, firearms of the Armed Forces of the
Philippines (AFP), Coast Guard and other law enforcement agencies shall only be reported to the FEO of
the PNP.
Section 7. ​Carrying of Firearms Outside of Residence or Place of Business. – A permit to carry firearms
outside of residence shall be issued by the Chief of the PNP or his/her duly authorized representative to
any qualified person whose life is under actual threat or his/her life is in imminent danger due to the
nature of his/her profession, occupation or business.
It shall be the burden of the applicant to prove that his/her life is under actual threat by submitting a threat
assessment certificate from the PNP.
For purposes of this Act, the following professionals are considered to be in imminent danger due to the
nature of their profession, occupation or business:
(a) Members of the Philippine Bar;
(b) Certified Public Accountants;
(c) Accredited Media Practitioners;
(d) Cashiers, Bank Tellers;
(e) Priests, Ministers, Rabbi, Imams;
(f) Physicians and Nurses;
(g) Engineers; and (h) Businessmen, who by the nature of their business or undertaking, are exposed to
high risk of being targets of criminal elements.