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Title: An Act Providing for a Comprehensive Law on Firearms and Ammunition and
Providing Penalties for Violations Thereof; or the Comprehensive Firearms and
Ammunition Regulation Act
Passage by Congress: Feb. 4 and 5, by the Senate and House of Representatives,
respectively
Approval by the President: May 29
Declaration of policy : Recognizes the right of qualified citizens to self-defense through
the use of firearms; regulates ownership, possession, carrying, importation,
manufacture; stops proliferation of illegal firearms and illegal manufacture, among other
things.

Gun ownership by a juridical entity: SEC-registered corporations, represented by the

President or any officer based on a board resolution; local government units and
security agencies qualify as juridical entities subject to additional requirements as may
be required by the Chief of the Philippine National Police.
Who may get a license: Applicant must be a Filipino citizen, at least 21 years old and
has gainful work, occupation or business or has filed an income tax return for the
preceding year as proof of income, profession, business or occupation.
Repository of all firearms records: The PNP-FEO (Firearms and Explosives Office), to
include imported and locally manufactured firearms and ammunition.
Carrying of firearms outside residence or place of business: The following are considered
to be in imminent danger due to the nature of their profession, occupation or business:
lawyers, CPAs, media practitioners, cashiers, bank tellers, priests, ministers, rabbi,
imams, physicians and nurses, engineers and businessmen.
Formulation of implementing rules and regulations (IRR): The PNP Chief formulates the
IRR within 120 days after effectivity of the law
Authority to import: A document issued by the Chief of the PNP authorizing the
importation of firearms, or their parts, ammunition and other components.
Authorized dealer: Any person, legal entity, corporation, partnership or business entity
duly licensed by the FEO.
Authorized manufacturer: Any person, legal entity, corporation or partnership duly
licensed by the FEO.
Confiscated firearm: A firearm that is taken into custody by the PNP, National Bureau of
Investigation, Philippine Drug Enforcement Agency (PDEA) and all other law
enforcement agencies.
Confiscated firearm: A firearm that is seized by the PNP, NBI, PDEA and all other law
enforcement agencies.
Licensed juridical entity: Corporations, organizations, businesses, including security
agencies and local government units, which are licensed to own and possess firearms in
accordance with this Act.
What may be licensed by qualified citizens or licensed juridical entities: Only small
arms.

How can one retain ownership of high-powered firearms? Registration of unregistered

firearms and renewal of expired licenses, through a final general amnesty, without
making any delinquent payment and facing a penalty. Private individuals who already
have licenses to possess Class A light weapons shall not be deprived of the privilege to
continue possessing the same and renewing the license.
Possession of ammunition: License to possess up to 50 rounds for each registered
firearm
How many licenses can be applied for?
Subject to the requirements set forth in this Act and payment of required fees to be
determined by the Chief of the PNP, a qualified individual may be issued the appropriate
license under the following categories:
Type 1 license maximum of 2 firearms
Type 2 license maximum of 5
Type 3 license maximum of 10
Type 4 license -maximum of 15
Type 5 license allows a citizen, who is a certified gun collector, to own and possess
more than 15 firearms
Penal provisions: If the violation of this Act is in furtherance of, or incident to, or in
connection with the crime of rebellion or insurrection, or attempted coup detat, such
violation shall be absorbed as an element of the crime of rebellion or insurrection, or
attempted coup detat.
Final amnesty: Persons in possession of unregistered firearms and holders of expired
license or unregistered firearms shall register and renew the same through the final
general amnesty within six months from the promulgation of the implementing rules
and regulations of this Act. During the interim period of six months, no person applying
for license shall make a delinquent payment accruing to the firearm subject for
registration. Ed Quitoriano

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People vs. Lazaro

G.R. No. 112090
October 26, 1999
Facts:
Accused- appellant Apolinar Lazaro was charged and found guilty by the RTC of
Naga
City, Branch 24, of the crime of illegal possession of firearms and ammunition under
Section 1
of PD no. 1866.
Accused contends that the trial court erred in relying solely upon the certification
from
the PNP Firearms and Explosives Office attesting that he is not a licensee of any
firearm.
Considering that the person who made the document was not presented in court to
testify. Thus,
the certification should have been excluded for being hearsay.
Issue:
Whether or not the certification made by the commanding officer of the PNP-Firearm
and
Explosives Office attesting that the accused is not a licensed possessor of a firearm
of any kind
or caliber would suffice to prove beyond reasonable doubt that the accused is guilty
of illegal
possession of firearms.
Ruling:
The court on several occasions ruled that the testimony of a representative of, or a
certification from, the PNP Firearms and Explosives attesting that a person is not a
licensee of

any firearm would suffice to prove beyond reasonable that the accused who owned
or possessed
it does not have the corresponding license or permit to possess the same. The
certificate of a
custodian that he has diligently searched for a document and has been unable to
find it ought to
be as satisfactory an evidence of its non- existence in his office as his testimony on
the stand to
this effect would be. Thus, the accused is guilty of the crime of illegal possession of
firearms.

People vs. DorimonG.R No. 114267December 17, 1999Facts:Appellant Dorimon was

an eighteen (18) year-old senior high school student. He was charged with the crime
of illegal possession of firearm having been found in his possession a .22 cal. paltik
that he allegedly used to threaten a classmate who had defeated him in a
basketball game at school. The lower court found him guilty of the crime charged.
Thus, appellant appealed, contending that the prosecution failed to prove beyond
reasonable doubt that he ownedor possessed an unlicensed firearm.Issue:Whether
or not appellant is guilty of the crime of illegal possession of firearms.Ruling:The
following are the elements of the crime of illegal possession of firearms:The
existence of the subject firearm; andThe fact that the accused who owned or
possessed it does not have the corresponding license or permit to possess the
same.The first requisite is present; the subject firearm was recovered from the
person of accused. The second requisite, wherein the court held that the testimony
of a representative of, or a certification from, the PNP firearms and explosives unit
that appellant was not a licensee of the said firearm would suffice to prove beyond
reasonable doubt the second element of the crime of illegal possession of
firearms.In this case, while the information alleged that appellant did not possess
any license or permit to carry, such fact was not established during trial. The only
reference to the non-possession of a license or permit of the appellant was when
the trial judge propounded clarificatory questions to SPO3 Tamala and SPO2 Lagare.
The clarificatory questions are insufficient to prove the essential element of nonpossession of the necessary license or permit. It does not also that SPO3Tamala and
SPO2 Lagare are duly authorized reprentatives of the PNP Firearms and Explosives
Unit, and neither was a certificate from said office was presented. Thus, the
insufficiency of

evidence to prove the guilt of the accused beyond reasonable doubt, the decision of
the lower court is reversed. People vs. AbriolG.R. No. 123137October 17,
2001Facts:Appellant was charged and found guilty by the lower court of the crime of
murder and illegal possession of firearms. 0n appeal, appellants contend among
others that, the trial court erred in convicting appellants of illegal possession of
firearms. They argued that they should not be convicted of two separate offenses of
murder and illegal possession of firearms because of theamendments made in PD
1866 by RA no. 8294. Issue:Whether or not appellants are guilty of the crime of
illegal possession of firearmsRuling:The court ruled that with the passage of RA No.
8294 the used of unlicensed firearm in murder or homicide is not a separate crime,
but merely a special aggravating circumstance. Appellants are thus guilty only of
murder with the special aggravating circumstance of use of unlicensed firearms.

Statements made against the public figure are essentially true, then no conviction for libel can be had. Any
statement that does not contain a provably false factual connotation will receive full constitutional protection
What is general procedure for dealing with a traffic violation?

The accused can be convicted of simple illegal possession of

firearms, provided that no other crime was committed by
the person arrested
Posted on July 26, 2014by Erineus

However, as to petitioners conviction for illegal possession of firearms, such

judgment must be set aside. We find that he can no longer be held liable for such offense
since another crime was committed, i.e., rape.
1.

D. 1866, as amended by RA 8294, the law governing Illegal Possession of Firearms

provides:

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

of Firearms or Ammunition 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 Section is in furtherance of or incident to, or in connection with
the crime of rebellion or insurrection, sedition, or attempted coup detat, such violation
shall be absorbed as an element of the crime of rebellion or insurrection, sedition, or
attemptedcoup dtat.
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.
In People v. Ladjaalam,[36] we laid down the correct interpretation of the law
and ruled:
x x x A simple reading thereof shows that if an unlicensed firearm is used in the
commission of any crime, there can be no separate offense of simple illegal possession of
firearms. Hence, if the other crime is murder or homicide, illegal possession of
firearms becomes merely an aggravating circumstance, not a separate offense. Since

direct assault with multiple attempted homicide was committed in this case, appellant
can no longer be held liable for illegal possession of firearms.
Moreover, penal laws are construed liberally in favor of the accused. In this case,
the plain meaning of RA 8294s simple language is most favorable to herein appellant.
Verily, no other interpretation is justified, for the language of the new law demonstrates
the legislative intent to favor the accused. Accordingly, appellant cannot be convicted of
two separate offenses of illegal possession of firearms and direct assault with attempted
homicide. Moreover, since the crime committed was direct assault and not homicide or
murder, illegal possession of firearms cannot be deemed an aggravating circumstance.
xxxx
x x x The law is clear: the accused can be convicted of simple illegal possession of
firearms, provided that no other crime was committed by the person arrested. If the
intention of the law in the second paragraph were to refer only to homicide and murder,
it should have expressly said so, as it did in the third paragraph. Verily, where the law
does not distinguish, neither should we.[37]
All told, we affirm petitioners conviction for the crime of rape. However,
petitioners conviction of illegal possession of firearms is set aside.
Under Article 266-B of the Revised Penal Code, whenever the crime of rape is
committed with the use of a deadly weapon or by two or more persons, the penalty shall
bereclusion perpetua to death. The prosecution was able to sufficiently allege in the
Information, and establish during trial, that a gun was used in the commission of rape.
Since no aggravating or mitigating circumstance was established in the commission of
the crime, the lesser penalty shall be imposed.[38] Thus, we affirm the penalty
of reclusion perpetua meted by the courts below.
http://sc.judiciary.gov.ph/jurisprudence/2012/february2012/187229.htm

How and when liability for illegal possession of

firearms attaches?
Posted on December 15, 2011by Erineus

In dissecting how and when liability for illegal possession of firearms attaches, the
following disquisitions in People v. De Gracia[22] are instructive:
The rule is that ownership is not an essential element of illegal possession of firearms
and ammunition. What the law requires is merely possession which includes not only
actual physical possession but also constructive possession or the subjection of the thing
to ones control and management. This has to be so if the manifest intent of the law is to
be effective. The same evils, the same perils to public security, which the law penalizes
exist whether the unlicensed holder of a prohibited weapon be its owner or a borrower.
To accomplish the object of this law the proprietary concept of the possession can have
no bearing whatsoever.
But is the mere fact of physical or constructive possession sufficient to convict a person
for unlawful possession of firearms or must there be an intent to possess to constitute a
violation of the law? This query assumes significance since the offense of illegal
possession of firearms is a malum prohibitum punished by a special law, in which case
good faith and absence of criminal intent are not valid defenses.
When the crime is punished by a special law, as a rule, intent to commit the crime is not
necessary. It is sufficient that the offender has the intent to perpetrate the act prohibited
by the special law. Intent to commit the crime and intent to perpetrate the act must be
distinguished. A person may not have consciously intended to commit a crime; but he
did intend to commit an act, and that act is, by the very nature of things, the crime itself.
In the first (intent to commit the crime), there must be criminal intent; in the second
(intent to perpetrate the act) it is enough that the prohibited act is done freely and
consciously.
In the present case, a distinction should be made between criminal intent and intent to
possess. While mere possession, without criminal intent, is sufficient to convict a person
for illegal possession of a firearm, it must still be shown that there was animus
possidendi or an intent to possess on the part of the accused. Such intent to possess is,
however, without regard to any other criminal or felonious intent which the accused
may have harbored in possessing the firearm. Criminal intent here refers to the

intention of the accused to commit an offense with the use of an unlicensed firearm.
This is not important in convicting a person under Presidential Decree No. 1866. Hence,
in order that one may be found guilty of a violation of the decree, it is sufficient that the
accused had no authority or license to possess a firearm, and that he intended to possess
the same, even if such possession was made in good faith and without criminal intent.
Concomitantly, a temporary, incidental, casual, or harmless possession or control of a
firearm cannot be considered a violation of a statute prohibiting the possession of this
kind of weapon, such as Presidential Decree No. 1866. Thus, although there is physical
or constructive possession, for as long as the animus possidendi is absent, there is no
offense committed.[23]
Certainly, illegal possession of firearms, or, in this case, part of a firearm, is committed
when the holder thereof:
(1) possesses a firearm or a part thereof
(2) lacks the authority or license to possess the firearm.[24]
We find that petitioner was neither in physical nor constructive possession of the subject
receivers. The testimony of SPO2 Nava clearly bared that he only saw Valerio on top of
the house when the receivers were thrown. None of the witnesses saw petitioner holding
the receivers, before or during their disposal.
At the very least, petitioners possession of the receivers was merely incidental because
Valerio, the one in actual physical possession, was seen at the rooftop of petitioners
house. Absent any evidence pointing to petitioners participation, knowledge or consent
in Valerios actions, she cannot be held liable for illegal possession of the receivers.
Petitioners apparent liability for illegal possession of part of a firearm can only proceed
from the assumption that one of the thrown receivers matches the gun seen tucked in
the waistband of her shorts earlier that night. Unfortunately, the prosecution failed to
convert such assumption into concrete evidence.
Mere speculations and probabilities cannot substitute for proof required to establish the
guilt of an accused beyond reasonable doubt. The rule is the same whether the offenses
are punishable under the Revised Penal Code, which are mala in se, or in crimes, which

are malum prohibitum by virtue of special law.[25] The quantum of proof required by
law was not adequately met in this case in so far as petitioner is concerned.
The gun allegedly seen tucked in petitioners waistband was not identified with
sufficient particularity; as such, it is impossible to match the same with any of the seized
receivers. Moreover, SPO1 Tan categorically stated that he saw Valerio holding two guns
when he and the rest of the PISOG arrived in petitioners house. It is not unlikely then
that the receivers later on discarded were components of the two (2) pistols seen with
Valerio.
These findings also debunk the allegation in the information that petitioner conspired
with Valerio in committing illegal possession of part of a firearm. There is no evidence
indubitably proving that petitioner participated in the decision to commit the criminal
act committed by Valerio.
Hence, this Court is constrained to acquit petitioner on the ground of reasonable doubt.
The constitutional presumption of innocence in her favor was not adequately overcome
by the evidence adduced by the prosecution.
The CA correctly convicted Valerio with illegal possession of part of a firearm.
In illegal possession of a firearm, two (2) things must be shown to exist: (a) the existence
of the subject firearm; and (b) the fact that the accused who possessed the same does
not have the corresponding license for it.[26]
By analogy then, a successful conviction for illegal possession of part of a firearm must
yield these requisites:
(a) the existence of the part of the firearm; and
(b) the accused who possessed the same does not have the license for the firearm to
which the seized part/component corresponds.

Title: An Act Providing for a Comprehensive Law on Firearms and Ammunition and
Providing Penalties for Violations Thereof; or the Comprehensive Firearms and
Ammunition Regulation Act

Passage by Congress: Feb. 4 and 5, by the Senate and House of Representatives,

respectively
Approval by the President: May 29
Declaration of policy : Recognizes the right of qualified citizens to self-defense
through the use of firearms; regulates ownership, possession, carrying, importation,
manufacture; stops proliferation of illegal firearms and illegal manufacture, among
other things.
Gun ownership by a juridical entity: SEC-registered corporations, represented by the
President or any officer based on a board resolution; local government units and
security agencies qualify as juridical entities subject to additional requirements as may
be required by the Chief of the Philippine National Police.
Who may get a license: Applicant must be a Filipino citizen, at least 21 years old and
has gainful work, occupation or business or has filed an income tax return for the
preceding year as proof of income, profession, business or occupation.
Repository of all firearms records: The PNP-FEO (Firearms and Explosives Office),
to include imported and locally manufactured firearms and ammunition.
Carrying of firearms outside residence or place of business: The following are
considered to be in imminent danger due to the nature of their profession, occupation
or business: lawyers, CPAs, media practitioners, cashiers, bank tellers, priests,
ministers, rabbi, imams, physicians and nurses, engineers and businessmen.
Formulation of implementing rules and regulations (IRR): The PNP Chief formulates
the IRR within 120 days after effectivity of the law
Authority to import: A document issued by the Chief of the PNP authorizing the
importation of firearms, or their parts, ammunition and other components.
Authorized dealer: Any person, legal entity, corporation, partnership or business entity
duly licensed by the FEO.
Authorized manufacturer: Any person, legal entity, corporation or partnership duly
licensed by the FEO.
Confiscated firearm: A firearm that is taken into custody by the PNP, National Bureau
of Investigation, Philippine Drug Enforcement Agency (PDEA) and all other law
enforcement agencies.
Confiscated firearm: A firearm that is seized by the PNP, NBI, PDEA and all other law
enforcement agencies.
Licensed juridical entity: Corporations, organizations, businesses, including security
agencies and local government units, which are licensed to own and possess firearms
in accordance with this Act.
What may be licensed by qualified citizens or licensed juridical entities: Only small
arms.
How can one retain ownership of high-powered firearms? Registration of unregistered
firearms and renewal of expired licenses, through a final general amnesty, without
making any delinquent payment and facing a penalty. Private individuals who already

have licenses to possess Class A light weapons shall not be deprived of the privilege
to continue possessing the same and renewing the license.
Possession of ammunition: License to possess up to 50 rounds for each registered
firearm
How many licenses can be applied for?
Subject to the requirements set forth in this Act and payment of required fees to be
determined by the Chief of the PNP, a qualified individual may be issued the
appropriate license under the following categories:
Type 1 license maximum of 2 firearms
Type 2 license maximum of 5
Type 3 license maximum of 10
Type 4 license -maximum of 15
Type 5 license allows a citizen, who is a certified gun collector, to own and possess
more than 15 firearms
Penal provisions: If the violation of this Act is in furtherance of, or incident to, or in
connection with the crime of rebellion or insurrection, or attempted coup detat, such
violation shall be absorbed as an element of the crime of rebellion or insurrection, or
attempted coup detat.
Final amnesty: Persons in possession of unregistered firearms and holders of expired
license or unregistered firearms shall register and renew the same through the final
general amnesty within six months from the promulgation of the implementing rules
and regulations of this Act. During the interim period of six months, no person
applying for license shall make a delinquent payment accruing to the firearm subject
for registration.

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NEW FIREARMS LAW (REPUBLIC ACT 10591)

Republic Act No. 10591, an Act Providing for a Comprehensive Law on Firearms and
Ammunition and Providing Penalties for Violations thereof was signed into law on
May 29, 2013.

Among the salient features of the new firearms law is its repeal of the sweeping no
other crime clause under the Sec.1 of P.D. 1866 as amended by R.A. 8294. A
person is not liable for violation of the old firearms law, (say, illegal possession of

firearm) if he also committed another crime (like violation of COMELEC gun ban or
even a lighter offense of Alarms and Scandals under the Revised Penal Code). Prior
conviction in the other crime committed will obliterate ones otherwise separate
liability under the firearms law. In the old law, what is punished is the other crime
regardless if the use or possession of firearms is inherent or necessary in the
commission of that other crime.

Under the new law, the rules are different. The penalty for violation of the new
firearms law, particularly the use of loose firearms (Loose firearm refers to an
unregistered firearm, an obliterated or altered firearm, firearm which has been lost
or stolen, illegally manufactured firearms, registered firearms in the possession of
an individual other than the licensee and those with revoked licenses in accordance
with the rules and regulations) is not imposed only when the use of loose firearms is
inherent in the commission of the other crime. In such case, the use or
possession of loose firearms is merely considered as an aggravating circumstance.
Otherwise, the use or possession of loose firearms and violation of other penal law
shall be treated as distinct crimes and will thus be punished separately. The new law
expressly provides that if the crime is committed without using the loose firearm,
the violation of this Act [RA No. 10591] shall be considered as a distinct and
separate offense.

The new law further provides that if the crime committed with the use of a loose
firearm is penalized by the law with a maximum penalty which is lower than that
prescribed for illegal possession of firearm, the penalty for illegal possession of
firearm shall be imposed IN LIEU OF the penalty for the other crime charged. If the
crime committed with the use of a loose firearm is penalized by the law with a
maximum penalty which is equal to that imposed under the preceding section for
illegal possession of firearms, the penalty of prision mayor in its minimum period
shall be imposed IN ADDITION to the penalty for the crime punishable under the
Revised Penal Code or other special laws of which he/she is found guilty. (Please
refer to Section 29 of RA 10591)

hursday, August 1, 2013

Illegal Possession of Firearms and Ammunition as amended by Republic Act 10591

President Pnoy, on May 29, 2013, signed into law the latest amending legislative act on Firearms
and Ammunition, Republic Act 10591, to take effect 15 days from its publication in a newspaper
of national circulation. As of this writing, the law would have taken effect.

While the PNP (now tasked what DOJ and DILG were under RA 8294) is still crafting the
Implementing Rules and Regulation (IRR) for the law, which the law mandates to be ready for
roll out in 120 days from effectivity of the Act, it is presumed that the substance of the law are
already reflected in the procedure for procuring license and PTCFOR.
A reading of the law highlights significant differences from its predecessors. It is, by far, more
comprehensive and well-thought of. It is more stringent in its requirements for issuance of
license, and a leap more rigorous for issuance of Permit to Carry Firearms Outside Residence
(PTCFOR). I know, because I have just gone through the process, and I havent finished yet.
It is more cumbersome now if you fail to renew your license within six (6) months before expiry
date. It will have the effect of NOT only revoking your license, but the registration of your
firearm as well, even if the latter is effective for four (4) years. This is a far cry from the eight (8)
years that it took for an unrenewed license to get revoked prior to this law, I was told.
In case your license is revoked, and you intend to renew the same, you will be required to
submit, on top of NBI clearance and proof of billing (make sense but something I dont
remember having to bother about in the past), a Letter of Explanation for failure to renew the
license. Your application for renewal will be evaluated taking into account the validity or
reasonability of your justification for failing to renew. A Resolution will be issued therefor, so
you cant say it is simple procedure, you could actually be prevented from renewing your license.
Failing twice, in succession, to renew the license or registration within the time allowed, will
perpetually bar you from applying for any firearm license.
This is how stringent the law is worded, but lets await the guidance in the IRR.
Who May Be Issued a Firearm License?
As in most laws, if not all, there is entitlement and prohibition. Lets discuss entitlement first
before we go to prohibition. Lets look into the policy of the state declared in the law:
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
itsqualified citizens to self-defense through, when it is the reasonable means to repel the
unlawful aggression under the circumstances, the use of firearms.
xxx
So we see theres a colatilla on firearm possession and ownership qualified citizen.
Who are Qualified Citizens?
ARTICLE

II

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.
OWNERSHIP AND POSSESSION OF FIREARMS
Subparagraph (a) makes sense. If a person has been convicted (I presume by final judgment to
reconcile with legal presumption of innocence), it is doubtful if it serves the policy of the state of
protecting its citizens if it allows him to possess or carry firearm/s, notwithstanding. Although,
the doctrine of non-sequitor taught us against concluding that one who has committed a crime
in the past will surely have committed a similar crime now or in the future, it is certainly not the
intent of the law to take a gamble on ones innate character (hoping it is immaculate), after
having been convicted by final judgment, by putting a gun in his hands for his self-defense than
protect the rest who are presumed to be law-abiding.
But what is moral turpitude?

"Moral turpitude has been defined in Can v. Galing citing In Re Basa and Tak Ng v. Republic as
everything which is done contrary to justice, modesty, or good morals; an act of baseness,
vileness or depravity in the private and social duties which a man owes his fellowmen, or to
society in general, contrary to justice, honesty, modesty or good morals.
This is not to say that all convictions of the crime of homicide do not involve moral turpitude.
Homicide may or may not involve moral turpitude depending on the degree of the crime. Moral
turpitude is not involved in every criminal act and is not shown by every known and intentional
violation of statute, but whether any particular conviction involves moral turpitude may be a
question of fact and frequently depends on all the surrounding circumstances. While . . .
generally but not always, crimes mala in se (inherently evil) involve moral turpitude, while
crimes mala prohibita (simply because the prohibits) do not, it cannot always be ascertained
whether moral turpitude does or does not exist by classifying a crime as malum in se or
as malum prohibitum, since there are crimes which are mala in se and yet but rarely involve
moral turpitude and there are crimes which involve moral turpitude and are mala
prohibita only. It follows therefore, that moral turpitude is somewhat a vague and indefinite
term, the meaning of which must be left to the process of judicial inclusion or exclusion as the
cases are reached." (IRRI v. NLRC and Nestor Micosa, G.R. No. 97239 May 12, 1993).
LEDESMA DE JESUS-PARAS v. QUINCIANO VAILOCES, A.C. No. 439
illustrates, albeit inexhaustively, what moral turpitude is in laymans tersm:

April 12, 1961,

"Among the examples given of crimes of this nature by former Chief Justice Moran are the crime
of seduction and the crime of concubinage.2 The crime of which respondent was convicted is
falsification of public document, which is indeed of this nature, for the act is clearly contrary to
justice, honesty and good morals. Hence, such crime involves moral turpitude. Indeed, it is wellsettled that "embezzlement, forgery, robbery, and swindling are crimes which denote moral
turpitude and, as a general rule, all crimes of which fraud is an element are looked on as
involving moral turpitude." (58 C.J.S., 1206).
Subparagraphs (b), (c), and (d), while sensible, I doubt their integrity, especially drug testing,
knowing who operate these drug testing centers, you cant really say if they are reliable at all. For
sure, this is money machine for operators.
Gun safety seminars by Gun Clubs? This is another life-saving design, but in reality, hardly
implemented. Gun dealers dont care if buyers eventually attend to their gun clubs for gun
handling lessons. What when theyre paid already.
Subparagraph (f) may be replaced by NBI clearance, which is already a requirement as of this
writing.
Subparagraph (g) makes the prosecutors relatively powerful. Note that even a pendency of a
criminal case carrying a penalty of more than two years disqualifies an applicant. Good for those
who are legally provisioned. They can dismiss a complaint, not always by overt graft, but even by
fairly swarming the prosecutors office with their legal team, or handing over a courtesy business
card from top-notch law firms, quiet but effective. Other times, its just plain money talks.

Of course, juridical entity, too, are entitled to possess and own firearms. They include security
agencies and LGUs.
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.
Another privilege, and more important, of a qualified citizen is to carry firearms outside
residence, for which you have to secure a Permit to Carry firearms Outside Residence
(PTCFOR). Since only qualified persons get to enjoy the privilege, it presupposes that for you to
be issued a PTCFOR, you must be a license holder. Possession of PTCFOR does not obviate the
requirement of a license. The latter is a prerequisite to a valid PTCFOR.
So who are qualified for PTCFOR?
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.
Having identified who the qualified persons are to the twin privilege of possession of firearm (in
and outside of residence), let us now discuss the prohibited acts and their corresponding
penalties.
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 of prision mayor in its medium period shall be imposed upon any person who
shall unlawfully acquire or possess a small arm;
(b) The penalty of reclusion temporal to reclusion perpetua shall be imposed if three (3) or more
small arms or Class-A light weapons are unlawfully acquired or possessed by any person;
(c) The penalty of prision mayor in its maximum period shall be imposed upon any person who
shall unlawfully acquire or possess a Class-A light weapon;
(d) The penalty of reclusion perpetua shall be imposed upon any person who shall, unlawfully
acquire or possess a Class-B light weapon;
(e) The penalty of one (1) degree higher than that provided in paragraphs (a) to (c) in this
section shall be imposed upon any person who shall unlawfully possess any firearm under any or
combination of the following conditions:
(1) Loaded with ammunition or inserted with a loaded magazine;

(2) Fitted or mounted with laser or any gadget used to guide the shooter to hit the target such as
thermal weapon sight (TWS) and the like;
(3) Fitted or mounted with sniper scopes, firearm muffler or firearm silencer;
(4) Accompanied with an extra barrel; and
(5) Converted to be capable of firing full automatic bursts.
(f) The penalty of prision mayor in its minimum period shall be imposed upon any person who
shall unlawfully acquire or possess a major part of a small arm;
(g) The penalty of prision mayor in its minimum period shall be imposed upon any person who
shall unlawfully acquire or possess ammunition for a small arm or Class-A light weapon. If the
violation of this paragraph is committed by the same person charged with the unlawful
acquisition or possession of a small arm, the former violation shall be absorbed by the latter;
(h) The penalty of prision mayor in its medium period shall be imposed upon any person who
shall unlawfully acquire or possess a major part of a Class-A light weapon;
(i) The penalty of prision mayor in its medium period shall be imposed upon any person who
shall unlawfully acquire or possess ammunition for a Class-A light weapon. If the violation of
this paragraph is committed by the same person charged with the unlawful acquisition or
possession of a Class-A light weapon, the former violation shall be absorbed by the latter;
(j) The penalty of prision mayor in its maximum period shall be imposed upon any person who
shall unlawfully acquire or possess a major part of a Class-B light weapon; and
(k) The penalty of prision mayor in its maximum period shall be imposed upon any person who
shall unlawfully acquire or possess ammunition for a Class-B light weapon. If the violation of
this paragraph is committed by the same person charged with the unlawful acquisition or
possession of a Class-B light weapon, the former violation shall be absorbed by the latter.
Section 29. Use of Loose Firearm in the Commission of a Crime. The use of a loose firearm,
when inherent in the commission of a crime punishable under the Revised Penal Code or other
special laws, shall be considered as an aggravating circumstance: Provided, That if the crime
committed with the use of a loose firearm is penalized by the law with a maximum penalty
which is lower than that prescribed in the preceding section for illegal possession of firearm, the
penalty for illegal possession of firearm shall be imposed in lieu of the penalty for the crime
charged: Provided, further, That if the crime committed with the use of a loose firearm is
penalized by the law with a maximum penalty which is equal to that imposed under the
preceding section for illegal possession of firearms, the penalty of prision mayor in its minimum
period shall be imposed in addition to the penalty for the crime punishable under the Revised
Penal Code or other special laws of which he/she is found guilty.
If the violation of this Act is in furtherance of, or incident to, or in connection with the crime of
rebellion of insurrection, or attempted coup d etat, such violation shall be absorbed as an
element of the crime of rebellion or insurrection, or attempted coup d etat.

If the crime is committed by the person without using the loose firearm, the violation of this Act
shall be considered as a distinct and separate offense.
Section 30. Liability of Juridical Person. The penalty of prision mayor in its minimum to
prision mayor in its medium period shall be imposed upon the owner, president, manager,
director or other responsible officer of/any public or private firm, company, corporation or
entity who shall willfully or knowingly allow any of the firearms owned by such firm, company,
corporation or entity to be used by any person or persons found guilty of violating the provisions
of the preceding section, or willfully or knowingly allow any of them to use unregistered firearm
or firearms without any legal authority to be carried outside of their residence in the course of
their employment.
Section 31. Absence of Permit to Carry Outside of Residence. The penalty of prision
correccional and a fine of Ten thousand pesos (P10,000.00) shall be imposed upon any person
who is licensed to own a firearm but who shall carry the registered firearm outside his/her
residence without any legal authority therefor.
Section 32. Unlawful Manufacture, Importation, Sale or Disposition of Firearms or
Ammunition or Parts Thereof, Machinery, Tool or Instrument Used or Intended to be Used in
the Manufacture of Firearms, Ammunition or Parts Thereof. The penalty of reclusion
temporal to reclusion perpetua shall be imposed upon any person who shall unlawfully engage
in the manufacture, importation, sale or disposition of a firearm or ammunition, or a major part
of a firearm or ammunition, or machinery, tool or instrument used or intended to be used by the
same person in the manufacture of a firearm, ammunition, or a major part thereof.
The possession of any machinery, tool or instrument used directly in the manufacture of
firearms, ammunition, or major parts thereof by any person whose business, employment or
activity does not lawfully deal with the possession of such article, shall be prima facie evidence
that such article is intended to be used in the unlawful or illegal manufacture of firearms,
ammunition or parts thereof.
The penalty of prision mayor in its minimum period to prision mayor in its medium period shall
be imposed upon any laborer, worker or employee of a licensed firearms dealer who shall
unlawfully take, sell or otherwise dispose of parts of firearms or ammunition which the company
manufactures and sells, and other materials used by the company in the manufacture or sale of
firearms or ammunition. The buyer or possessor of such stolen part or material, who is aware
that such part or material was stolen, shall suffer the same penalty as the laborer, worker or
employee.
If the violation or offense is committed by a corporation, partnership, association or other
juridical entity, the penalty provided for in this section shall be imposed upon the directors,
officers, employees or other officials or persons therein who knowingly and willingly
participated in the unlawful act.
Section 33. Arms Smuggling. The penalty of reclusion perpetua shall be imposed upon any
person who shall engage or participate in arms smuggling as defined in this Act.

Section 34. Tampering, Obliteration or Alteration of Firearms Identification. The penalty of

prision correccional to prision mayor in its minimum period shall be imposed upon any person
who shall tamper, obliterate or alter without authority the barrel, slide, frame, receiver, cylinder,
or bolt assembly, including the name of the maker, model, or serial number of any firearm, or
who shall replace without authority the barrel, slide, frame, receiver, cylinder, or bolt assembly,
including its individual or peculiar identifying characteristics essential in forensic examination
of a firearm or light weapon.
The PNP shall place this information, including its individual or peculiar identifying
characteristics into the database of integrated firearms identification system of the PNP Crime
Laboratory for future use and identification of a particular firearm.
Section 35. Use of an Imitation Firearm. An imitation firearm used in the commission of a
crime shall be considered a real firearm as defined in this Act and the person who committed the
crime shall be punished in accordance with this Act: Provided, That injuries caused on the
occasion of the conduct of competitions, sports, games, or any recreation activities involving
imitation firearms shall not be punishable under this Act.
Section 36. In Custodia Legis. During the pendency of any case filed in violation of this Act,
seized firearm, ammunition, or parts thereof, machinery, tools or instruments shall remain in
the custody of the court. If the court decides that it has no adequate means to safely keep the
same, the court shall issue an order to turn over to the PNP Crime Laboratory such firearm,
ammunition, or parts thereof, machinery, tools or instruments in its custody during the
pendency of the case and to produce the same to the court when so ordered. No bond shall be
admitted for the release of the firearm, ammunition or parts thereof, machinery, tool or
instrument. Any violation of this paragraph shall be punishable by prision mayor in its
minimum period to prision mayor in its medium period.
Section 37. Confiscation and Forfeiture. The imposition of penalty for any violation of this
Act shall carry with it the accessory penalty of confiscation and forfeiture of the firearm,
ammunition, or parts thereof, machinery, tool or instrument in favor of the government which
shall be disposed of in accordance with law.
Section 38. Liability for Planting Evidence. The penalty of prision mayor in its maximum
period shall be imposed upon any person who shall willfully and maliciously insert; place,
and/or attach, directly or indirectly, through any overt or covert act, any firearm, or
ammunition, or parts thereof in the person, house, effects, or in the immediate vicinity of an
innocent individual for the purpose of implicating or incriminating the person, or imputing the
commission of any violation of the provisions of this Act to said individual. If the person found
guilty under this paragraph is a public officer or employee, such person shall suffer the penalty
of reclusion perpetua
Increased Penalties
The law highlights the shift in policy direction vis--vis penalties imposed for violation of gun
laws. The law has distinguished acquisition or possession from manufacture, importation, sale,

or disposition, of firearms or ammunition or any major parts thereof, tools, machinery used or
intended to be used in the manufacture of firearm or ammunition, or any major part thereof.
In the former the law has maintained the penalty of prision mayor, but at varying degrees
depending on the classification thereof whether small arms, Class A-light, or Class-B light
weapons. It also increases the penalty by a degree if the firearm is loaded with ammunition or
magazine, fitted or mounted with sniper scopes, firearm muffler or silencer, with extra barrel, or
capable of firing automatic bursts.
In the latter, the law has increased the penalty to reclusion temporal to reclusion perpetua for
unlawful manufacture, importation, sale, or disposition of firearms or ammunition, or any
major parts thereof or machinery or tool used or intended to be used in the manufacture of
firearms of ammunition, or any major parts thereof.
Grounds for revocation and other miscellaneous provisions
Section 39. Grounds for Revocation, Cancellation or Suspension of License or Permit. The
Chief of the PNP or his/her authorized representative may revoke, cancel or suspend a license or
permit on the following grounds:
(a) Commission of a crime or offense involving the firearm, ammunition, of major parts thereof;
(b) Conviction of a crime involving moral turpitude or any offense where the penalty carries an
imprisonment of more than six (6) years;
(c) Loss of the firearm, ammunition, or any parts thereof through negligence;
(d) Carrying of the firearm, ammunition, or major parts thereof outside of residence or
workplace without, the proper permit to carry the same;
(e) Carrying of the firearm, ammunition, or major parts thereof in prohibited places;
(f) Dismissal for cause from the service in case of government official and employee;
(g) Commission of any of the acts penalized under Republic Act No. 9165, otherwise known as
the "Comprehensive Dangerous Drugs Act of 2002;
(h) Submission of falsified documents or misrepresentation in the application to obtain a license
or permit;
(i) Noncompliance of reportorial requirements; and
(j) By virtue of a court order.
Section 40. Failure to Notify Lost or Stolen Firearm or Light Weapon. A fine of Ten
thousand pesos (P10,000.00) shall be imposed upon any licensed firearm holder who fails to
report to the FEO of the PNP that the subject firearm has been lost or stolen within a period of
thirty (30) days from the date of discovery.

Likewise, a fine of Five thousand pesos (P5,000.00) shall be imposed upon any person holding a
valid firearm license who changes residence or office address other than that indicated in the
license card and fails within a period of thirty (30) days from said transfer to notify the FEO of
the PNP of such change of address.
Section 41. Illegal Transfer/Registration of Firearms. It shall be unlawful to transfer
possession of any firearm to any person who has not yet obtained or secured the necessary
license or permit thereof.
The penalty of prision correccional shall be imposed upon any person who shall violate the
provision of the preceding paragraph. In addition, he/she shall be disqualified to apply for a
license to possess other firearms and all his/her existing firearms licenses whether for purposes
of commerce or possession, shall be revoked. If government-issued firearms, ammunition or
major parts of firearms or light weapons are unlawfully disposed, sold or transferred by any law
enforcement agent or public officer to private individuals, the penalty of reclusion temporal
shall be imposed.
Any public officer or employee or any person who shall facilitate the registration of a firearm
through fraud, deceit, misrepresentation or submission of falsified documents shall suffer the
penalty of prision correccional.
Note that this law does not repeal the prior laws (particulary PD 1866, and RA 8294) on
firearms and ammunition in their entirety, so it helps to also read those laws
and articlesapplying to them.