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replicas; (2) firearm which is certified by the National Mttsctltlt
Philippinestobecurioorrelicofmuseuminterest;arrtl(3)anyotlrcr
firearm which derives a substantial part of its monetary value from the
fact that it is novel, rare, bizarre or because of its association with somc
SPECIAL PENAL LAWS 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
A. RELATING TO CRIMES AGAINST PERSONS/CHASTITY/ andammunition,fromoracrosstheterritoryofonecountrytothatof
PERSONAL SECURITY another country which has not been authorized in accordance with
domestic law in either or both country/countries'
R.A. NO. 10591 Chief
(e) Authority to import refers to a document issued by the parts'
COMPREHENSlVE FIREARMS AND AMMUNITION of the ipttpl auttrorizing the importation of firearms, or their
REGULATION ACT ammunition and other comPonents.
(f) Authorized dealer refers to any person, legal entity' corpo-
ARTICLE I ration,partnershiporbusinessentitydulylicensedbytheFirearmsand
TITLE, DECLARATION OF POLICYAND DEFINITION OF TERMS Explosive Orice ireol of the PNP to engage in the business of buying
and selling ammunition, firearms or part thereof, at wholesale or retail
xxx basis.
(S) Authorized importer refers to any person, legal entity' corpo-
Section 2. Declaration of State policy. lt is the policy of the State ration,partnershiporbusinessdulylicensedbytheFEoofthePNPto
to maintain peace and order and protect the -people against violence. The engage'in the business of importing ammunition and firearms, or
parts
state also recognizes the right of its qualified citizens to self-defense ttreieot into the territory of the Republic of the Philippines for purposes of
through, when it is the reasonable means to repel the unlawful aggression
sale or distribution under the provisions of this Act'
under the circumstances, the use of firearms. Towards this end, the
state shall provide for a comprehensive law regulating the ownership, (h) Authorized manufacturer refers to any person' legal entity'
possession, carrying, manufacture, dealing in and importation of or partnership duly licensed by the FEO of the PNP to
or
firearms, ammunition, or parts thereof, in order to provide legal support engage in the business of manufacturing firearms, and ammunition
"orpoiriion,
to law enforcement agencies in their campaign against crime, stop the parts thereof for purposes of sale or distribution'
proliferation of illegal firearms or weapons and the illegal manufacture of
firearms or weapons, ammunition and parts thereof.
(i) Confiscated firearm refers to a firearm that is taken into
custodybythePNB[NBl],[PDEA],andallotherlawenforcementagencies
Section 3. Definition of Terms. As used in this Act: ny reaion of their manoite and must be necessarily reported or turned
- over to the FEO of the PNP.
(a) Accessozes refer to parts of a firearm which may enhance
or increase the operational efficiency or accuracy of a firearm but will fi) Demilitarized firearm refers to a firearm deliberately made
not constitute any of the major or minor internal parts thereof such as, incapi6te of performing its main purpose of firing a projectile'
but not limited to, laser scope, telescopic sight and sound suppressor or
silencer. (k) Duty detail order refers to a document issued by the juridical
entity o, empioy". wherein the details of the disposition of firearm
(b) Ammunition refers to a complete unfixed unit consisting of a is sielled-oui, thus indicating the name of the employee' the firearm
bullet, gunpowder, cartridge case and primer or loaded shell for use in infoimation, the specific duration and location of posting or assignment
to
any firearm. and the authorized bonded firearm custodian for the iuridical entity
whom such firearm is turned over after the lapse of the order'
(c) Antique firearm refers to any: (1) firearm which was manu_
factured at least [75] years prior to the current date but not including (l) Firearm refers to any handheld or portable weapon' whether
a bullet'
, rr"ii arm or light weapon, that expels or is designed to expelmeans of
shot, slug, missile or any projectile, which is discharged by
746
r
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li A NO. lOfrl)l
expansive force of gases from burning gunpowder or other form of (u) Long certificate of registration refers to licenses issued to
combustion or any similar instrument or implement. For purposes of this government aglncies or offices or [GOCCs] for firearms to be used by
iheir officials ind employees who are qualified to possess firearms
as
Act, the barre!, frame or receiver is considered a firearm.
provider in this Act, excluding security guards'
(m) Firearms lnformation Managemenf Sysfern (F[MS) refers to
the compilation of all data and information on firearms ownership and (v) Loose firearm refers to an unregistered firearm' an obliterated
disposition for record purposes. or altlied firearm, firearm which has been lost or stolen' illegally
of an
manufactured firearms, registered firearms in the possession
(n) Forfeited firearm refers to a firearm that is subject to forfeiture individual other than ttre ltensee and those with revoked licenses
in
by reason of court order as accessory penalty or for the disposition by accordance with the rules and regulations'
the FEo of the PNP of firearms considered as abandoned, surrendered,
confiscated or revoked in compliance with existing rules and regulations. (w) Maior part or components of a firearm refers to the barrel' slide'
trame, receiver, cylinder or the bolt assembly' The term also
includes any
(o) Gun club refers to an organization duly registered with and ;; "; kit designld and intended for use in converting a semi-automatic
accredited in good standing by the FEo of the pNp which is established burst to a full automatic firearm-
for the purpose of propagating responsible and safe gun ownership,
proper appreciation and use of firearms by its members, for the purpose (x) Minor parts of a firearm refers to the parts of the firearm other
of sports and shooting competition, self-defense and collection purposes. thanthemajorpartswhicharenecessarytoeffectandcompletetheaction
oi expelring a projectile by way of combustion, except those classified
as
(p) Gunsmith refers to any person, legal entity, corporation, accessories.
parlnership or business duly licensed by the FEO of the pNp to engage in written
thc business of repairing firearms and other weapons or constructing or U) Permit to carry firearm outside of residence refers to a entitles
assembling firearms and weapons from finished or manufactured parts auttroiiiy issued to a licensed citizen by the Chief of the PNP which
thereof on a per order basis and not in commercial quantities or of making p"iron to carry [his] registered or lawfully issued firearm outside of
minor parts for the purpose of repairing or assembling said firearms or
"r"t,
the residence for the Ourition and purpose specified in the authority.
weapons. (zlPermittotransportfirearmre.felstoawrittenauthorityissued
Regional
(q) to a licensed citizen or entity by the Chief of the PNP or by a PNP
lmitation firearm refers to a replica of a firearm, or other device
Director which entitles such person or entity to transport a
particular
that is so substantially similar in coloration and overall appearance to purpose in
firearm from and to a specific location within the duration and
an existing firearm as to lead a reasonable person to believe that such
imitation firearm is a real firearm. the authoritY.
(aa) Residence refers to the place or places of abode of the licensed
(r) Licensed citizen refers to any Filipino who complies with citizen as indicated in [his] license'
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 (bb)Shootingrangereferstoafacilityestablishedforthepurpose
well as
this Act. of firearms training andskilts development, firearm testing, as
forsportsandcompetitionshootingeitherfortheexclusiveuseofits
(s) Licensed juridical entity refers to corporations, organizations, .,"rL"r= or open to ihe general public, duly registered with and accredited
businesses including security agencies and [LGUs] which are licensed to in good standing by the FEO of the PNP'
own and possess firearms in accordance with this Act.
(cc)Shortcertiftcateofregistrationreferstoacertificateissuedby
(t) Light weapons are: Class-A Light weapons which refer to the FEO of the pNp for a governrient official or employee who
was issued
self-loading pistols, rifles and carbines, submachine guns, assault rifles by his/her employer, depirtment, agency or [GOCC] a firearm covered by
and light machine guns not exceeding caliber 7.62MM which have fully the long certificate of registration.
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
(dd) Smatl arms reler to firearms intended to be or primarily
to mean
and machine guns exceeding caliber 7.62MM such as heavy machine oesigned tor individual use or that which is generally conside.red
guns, handheld under barrel and mounted grenade launchers, portable awe-aponintendedtobefiredfromthehandorshoulder'whicharenot
capaUie of fully automatic bursts of discharge, such as:
anti-aircraft guns, portable anti-tank guns, recoilless rifles, portable
launchers of anti-tank missile and rocket systems, portable Iaunchers of (1) Handgun which is a firearm intended to be fired from the
anti-aircraft missile systems, and mortars of a caliber of less than 100MM. hand, which includes:
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It.A NO. t05sI
(ii) Revolver which is a hand-operated firearm with (c) The applicant has passed the drug test conducted by an
a and authorized drug testing laboratory or clinic;
revolving cylinder containing chambers for individual ""crediied
cartridges. (d) The applicant has passed a gun safety seminar which is
(2)Rifle which is a shoulder firearm or designed to be fired adminisiered by the PNP or a registered and authorized gun club;
from the shoulder that can discharge a bullet through a rifled barrel (e) The applicant has filed in writing the application to possess
of the
by different actions of loading, which may be classified as lever, a regiitered firearm which shall state the personal circumstances
bolt, or self-loading; and applicant;
(3) Shotgun which is a weapon designed, made and intended (f)Theapplicantmustpresentapoliceclearancefromthecityor
to fire a number of ball shots or a single projectile through a smooth municipalitY Police office; and
bore by the action or energy from burning gunpowder.
(S) The applicant has not been convicted or is currently an
(ee) Sports shooting competition refers to a defensive, precision in a pend-ing criminal case before any court of law for a crime
or practical sport shooting competition duly authorized by the FEO of the """r"Ll
that is punishable with a penalty of more than [2] years'
PNP.
For purposes of this Act, an acquittal or permanent dismissal of a
(ff) Tampered, obliterated or altered firearm refers to any firearm criminal cassbefore the courts of law shall qualify the accused thereof
to
whose serial number or other identification or ballistics characteristics qualify and acquire a license.
have been intentionally tampered with, obliterated or altered without
The applicant shall pay the reasonable licensing fees as may
be
authority or in order to conceal its source, identity or ownership. of this Act.
provided in tire implementing rules and regulations
(SS) Thermal weapon sighf refers to a battery operated, uncooled juridical
thermal imaging device which amplifies available thermal signatures An applicant who intends to possess a firearm owned by a
entity shail submit his/her duty detail order to the FEO of the PNP.
so that the viewed scene becomes clear to the operator which is used
to locate and engage targets during daylight and from low light to total Section 5. Ownership of Firearms and Ammunition by a Juridical
darkness ancl operates in adverse conditions such as light rain, light Entity. A iuridical person maintaining its own security force may be
snow, and dry smoke or in conjunction with other optical and red dot -
lssueoaregularlicensetoownandpossessfirearmsandammunition
sights. under the following conditions:
(a) lt must be Filipino'owned and duly registered with the
ARTICLE II
Securities and Exchange Commission (SEC);
OWNERSHIP AND POSSESSION OF FIREARMS
(b) lt is current, operational and a continuing concern;
Srrctitrr 4. .St;rrrdards and Requisites for Issua nce of and Obtaining a (c)lthascompletedandsubmittedallitsreportorialrequirements
I lr:rrrsrr lrt Qwrt lrrrl Possess Firearms. to qualify and acquire
rr lk:onno lo own ;rrrd possess a firearm - lnororder
firearms and ammunition,
to the SEC; and
llro rrlrplk:rrrrl rrrrrsl hc a Filipino citizen, at least [21] years old and has (d) lt has paid all its income taxes for the yea1 as duly certified by
llrrllrfurl work, or.r:rrp;rlion or business or has filed an lncome Tax Return
the [BlR].
(l-lll) krr llro pror;orllrrll year as proof of income, profession, business or Theapplicationshallbemadeinthenameofthejuridicalperson
as
occrrllnlklrt= represented by its president or any of its officers mentioned below
authori=eo in a board resolution to that effect: Provided, That the
Irr atldltlon, tlro applicant shall submit the following certification duly
issued by appropriato arrthorities attesting the following: omcerapplyingforthejuridicalentity,shallpossessallthequalifications
required of i citizen applying for a license to possess firearms'
(a) Thc applicarrt has not been convicted of any crime involving othercorporateofficerseligibletorepresentthejuridica|person
moral turpitude;
are: the vice president, treasurer, and board secretary'
5l'l,j( ll,\1, l'l')NAl, l,i\WS
t,lr N()'t't,ts ANt) (r^st,tFi ()N tlt,t,t|tAt, t,t,tNAt, t,Aws
li.r\ N() lolrlrl
be levied on other authorized owners of firearms. For reason of national maximum of [10] registered firearms;
security, firearms of the [AFP], Coast Guard and other law enforcement to own and possess a
agencies shall only be reported to the FEO of the PNP. Type 4 license - allows a citizen
maximlm of [15] registered firearms; and
Section 7. Carrying of Firearms Outside of Residence or Place of allows a citizen' who is a certified gun
Type 5 license-
Business. A permit to carry firearms outside of residence shal! be firearms'
collector, to own and possess more than [15] registered
issued by -the Chief of the PNP or [his] duly authorized representative
secured by
to any qualified person whose life is under actual threat or [his] life is For Types 1 to 5 licenses, a vault or a container
measures for the safekeeping of
in imminent danger due to the nature of [his] profession, occupation or lock and key or other security
business. firearms shall be required'
with the
It shall be the burden of the applicant to prove that [his] Iife is under For Types 3 to 5 licenses, the citizen must comply
actual threat by submitting a threat assessment certificate from the PNP. inspection and bond requirements'
sm.a-ll arms
For purposes of this Act, the following professionals are considered section 10. Firearms That May Be Regisfered. juridical
--o..nlv. entities for
to be in imminent danger due to the nature of their profession, occupation may be registered by licensed citiie-ns. or licensed
or business: o*i"itt ipi po="""=ion and concealed carry' A light y"1P3I shall be
AFP' the PNP and other
(a) lawfully acquired o, p*"L"""d exclusively by the
Members of the Philippine Bar; authorized by the President in the performance
law enforcement agencies
(b) of their duties: Provided, That privaie individuals who already have
Certified Public Accountants;
li""n""=topossessGlass-AlightweaponsupontheeffectivityofthisAct
(c) AccreditedMediaPractitioners; shall not be deprived of the prlvitege to continue
possessing the same
I
ARTICLE V
(h) The penalty ol prision mayor in its medium period shall be
imposed upon any person who shall unlawfully acquire or posaoss a
PENAL PROVISIONS major part of a GIass-A light weapon;
Section 31 . Absence of Permit to Carry Outside af Residence' - The examination of a firearm or light weapon'
penalty ol prision correccional and a fine of [P10,000.00] shall be imposed ThePNPshallplacethisinformation,includingitsindividual
upon any person who is licensed to own a firearm but who shall carry or peculiar identifying characteristigs in-to. the database of integrated
use
future
the registered firearm outside [his] residence without any legal authority firearms identification-system of the PNP Crime Laboratory for
therefor. and identification of a particular firearm'
section 32. Unlawfut Manufacture, lmportation, sa/e or Disposition Section35.UseofanlmitationFirearm._Animitationfirearmused
of Firearms or Ammunition or Parts Thereof , Machinery, Tool or lnstrument in the commission of a crime shall be considered a real firearm
as defined
lJsed or lntended to be lJsed in the Manufacture of Firearms, Amrnunition inthisActandthepersonwhocommittedthecrimeshallbepunishedin
or Parts Thereof. * The penalty ol reclusion temporal to reclusion accordance with this Act: Provide4 That injuries caused on the
occasion
perpetua shall be imposed upon any person who shall unlawfully engage of the conduct of competitions, sports, games, or any recreation activities
in the manufacture, importation, sale or disposition of a firearm or invotvingimitationfirearmsshallnotbepunishableunderthisAct.
ammunition, or a major part of a firearm or ammunition, or machinery,
Section 36. ln Custodia Legis' - During the pendency of any
case
tool or instrument used or intended to be used by the same person in the
firearm, ammunition, or parts thereof'
manufacture of a firearm, ammunition, or a major part thereof' filed in violation of this Act, seized
tools or instruments shall remain in the custody of the court'
lf
machinery
The possession of any machinery, tool or instrument used directly keep the same'
the court decides that it has no adequate means to safely
in the manufacture of firearms, ammunition, or major parts thereof by any
thecourtshal!issueanordertoturnovertothePNPCrimeLaboratorysuch
person whose business, employment or activity does not lawfully deal in
firearm, ammunition, or parts thereof, machinery' tools or instruments
with the possession of such article, shall be prima facie evidence that its cusiody during the pendency of the case and to produce the same to
-bond
such article is intended to be used in the unlavrrful or illegal manufacture shall be admitted for the release of
the court when so ordered. No
of firearms, ammunition or parts thereof. machinery' tool or instrument'
in" tr""rr, ammunition or parts thereof,
The penalty ol prision mayor in its minimum period to prision Any violation of this paragraph shall be punishable by prision mayorinlls
mayorin its medium period shal! be imposed upon any laborer, worker or minlmum period to prision mayor in its medium period'
e11itoye" of a licensed firearms dealer who shall unlawfully take, sell or Section3T.confiscationandForteiture._Theimpositionofpenalty
otherwise dispose of parts of firearms or ammunition which the company penalty of
for any violation of this Act shall carry with it the accessory
manufactures and sells, and other materials used by the company in the of the firearm, ammunition' or parts thereof'
confistation and forfeiture
manufacture or sale of firearms or ammunition. The buyer or possessor of or instrument in favor of the government which shall be
machinery, tool
such stolen part or materiat, who is aware that such part or material was
disposed of in accordance with law.
stolen, shall suffer the same penalty as the laborer, worker or employee.
Section3S.LiabitityforPlantingEvidence._Thepenaltyolprision
lf the violation or offense is committed by a corporation, partnership, person who
mayor in its maximum period shall be imposed upon any
nraoclatlon or other juridical entity, the penalty provided for in this
eocilolr ehall be imposed upon the directors, officers, employees or other
ehil witttully and maliciously insert, place, and/or attach, directly or
or
offlclala or poraons therein who knowingly and willingly participated in lndlrectly, thiough any overt oi covert act, any firearm' or ammunition'
parts thereof in ifre p6r"on, house, effects, or in the immediate vicinity
of
tho unlawful act.
anlnnocentindividualforthepurposeofimplicatingorincriminatingthe
penalty of reclusion perpetua peraon, or imputing the commission of any violation of the provisions
of
Soctlort 33. Arms Smuggling.
- The
rhelll bo llnpoeod upon any person who shall engage or participate in inl" A"t to said individual. tf the person found guilty under this paragraph
penalty of
armi ;muggllng ae doflned in this Act. la a publlc officer or employee, such person shall suffer the
$octlon 34" Tamperlng, Ohtiteration or Alteration of Firearms racluslon Perqetua.
tdanllflcatloil. -:= Tho ponalty of prision correccional lo prision mayor in soctlon 39. Grounds for Revocation, cancellation or suspenslon
Itc mlnllnum porlocl rhall bo lmpoeod upon any person who shall tamper, ol Llconso or Permit. The Chief of the PNP or [hie] authorlzed
-
T63
162 NOTES AND CASES ON SPECIAL PENAL I"AWS STBCIAL PENAI,I,AWg
B.A- NO. 10691
PRESIDENTIAL DEGREE NO. 1866, as amended "The penalty of arresto mayor shall be imposed upon any
By R.A. No.8294 per$on who shall carry any licensed firearm outside his residence
without legal authority therefor."l
(Bracketed provisions were repealed by R.A. 10591; provision relating to
explosive not repealed) SEC. 2. Section 3 of Presidential Decree No. 1866, as amended, is
hereby further amended to read as follows:
[SECTION 1. Section 1, Presidential Decree No. 1866, as
amended,
is hereby further amended to read as follows: "SEG. 3. Unlawful manufacture, sale, acquisition, disposition
orpossessfon of explosives. The penalty oI prision mayor in its
llnl awfuI manufactu re,salg acguis ition, disposi-
-
maximum period to reclusion temporal and a fine of not less than
"SECTION 1.
tion or possession of firearms or ammunition or instrumenfs used [P50,000] shall be imposed upon any person who shall unlawfully
ar intended to be used in the manufacture of firearms or ammuni' manufacture, assemble, deal in, acquire, dispose or possess hand
tion.-Thepenaltyolprisioncorreccionalinitsmaximumperiod grenade(s), rifle grenade(s), and other explosives, including but
and a fine of not less than Fifteen thousand pesos (P15,000) shall be not timited to 'pillbox,' 'molotov cocktail bombs,' 'fire bombs,'or
imposed upon any person who shall unlawfully manufacture, deal other incendiary devices capable of producing destructive effect on
in, acquire, dispose, or possess any low powered firearm, such as contiguous objects or causing injury or death to any person.
rimfire handgun, .380 or .32 and other firearm of similar firepower' "When a person commits any of the crimes defined in the
part of firearm, ammunition, or machinery tool or instrument used
[RPC] or special laws with the use of the aforementioned explosives,
or intended to be used in the manufacture of any firearm or ammuni- detonation agents or incendiary devices, which results in the death
llon: Provide4 That no other crime was committed. of any person or persons, the use of such explosives, detonation
'iThe penalty ol prision mayorin its minimum period and a fine agents or incendiary devices shall be considered as an aggravating
of Thirty thousand pesos (P30,000) shall be imposed if the firearm is circumstance.
classified as high powered firearm which includes those with bores "tf the violation of this Section is in furtherance of, or incident
bigger in diameter than .38 caliber and 9 millimeter such as caliber to, or in connection with the crime of rebellion, insurrection,
.+0,.1'l,.44,.4Sandalsolessercaliberedfirearmsbutconsidered sedition or attempted coup d'etat, such violation shall be absorbed
powerful such as caliber .357 and caliber .22 center-fire magnum as an element of the crimes of rebellion, insurrection, sedition or
ind other firearms with firing capability of full automatic and by attempted coup d'etat.
burst of two or three: Provided, howeven That no other crime was
committed bY the Person arrested. "The same penalty shall be imposed upon the owner'
president, manager, director or other responsible officer of any
homicide or murder is commifted with the use of an
"lf public or private firm, company, corporation or entity, who shall
unlicensed firearm, such use of an unlicensed firearm shall be willfully or knowingly allow any of the explosives owned by such
considered as an aggravating circumstance. firm, company, corporation or entity, to be used by any person or
,,lf the violation of this section is in furtherance of or incident persons found guilty of violating the provisions of the preceding
to, or in connection with the crime of rebellion or insurrection, paragraphs." (Not Repealed)
eedition, or attempted coup d'etat, such violation shall be absorbed
a* an element of the crime of rebellion, or insurrection, sedition, or ISEC. 3. Section 5 of Presidential Decree No. {866, as amended, is
hereby further amended to read as follows:
attomPted couP d'etat.
"SEC. 5. Tampering of firearm's serial number. - The penalty
"The same penalty shall be imposed upon the owner, president, ol prision correccional shall be imposed upon any person who shall
managor, director or other responsible officer of any public or
prlvate firm, company, corporation or entity, who shall willfully or unlawfully tamper, change, deface or erase the serial number of any
firearm."]
itnowlngly allow any of the firearms owned by such firm, company'
corporatlbn or entity to be used by any person or persons found SEC. 4. Section 6 of Presidential Decree No. 1866, as amended, is
gulity of vlolating tfte provisions ot ttre preceding paragr-aphs or hereby further amended to read as follows:
ulruuy or knowingly allow any of them to use unlicensed firearms
or flrearms wlthout any legal authority to be carried outside of their "SEG. 6. Repacking or altering the composition of lawfully
resldonco ln the course of their employment. manufactured explosives, The penalty of prision correccional
-
SPECIAL PENAL I.AWS 16?
168 NCMES AND CASES ON SPECIAI PENAL I,AWS
P.D NO. 1866, Ag AN4ENDED BY R,A. NO. 8894
shall be imposed upon any person who shall unlawfully :upack, (, A pistol, a hand'operated firearm having a chamber
alter or modify tfre composition of any lawfully manufactured integral with or permanently aligned with the bore
explosives." (Not Repealed) which maY be self-loading; and
[SEC. 5. Govenge of he Term Unlicensed Fircamt. - The term (i1) Revolver, a hand-operated firearm with a revolving
unlicensed firearm shall include: cylinder containing chambers for individual car'
1) fireamswifi expircd license; or tridges.
Ibe definitionindicates two categories of firearms small (a) Antique firearm referring to any firearm:
-
arms and light weapons. Small arms refer to firearms intended to be (1) manufactured at least 75 years prior to the current
or primarily designed for individual use or that which is generally date but not including rePlicas;
considered to mean a weapon intended to be fired 666 1fos hand
or shoulder, which are not capable of firlly automatic bursts of (2) certified by the National Museum to be curio or relic
discharge, such as: of museum interest; and
(1) Handgun a firearm intended to be fired from the hand, (3) any other firearm which derives a substantial part
-
and includes: of its monetary value from the fact that it is novel,
168 NOTES AND CASES ON SPECIAL PENAL LAWS SPECIAL PENAL T,AWS 169
P.D NO. 1866, AS AMENDED BY R.A. NO. 8294
rare,bizarre or because of its association with some possessed exclusivelybytheAFP, the PNP and otherlaw enforcement
historical figure, period or event. lfurr.i". authorized fy tfre President in the performance of their
(b) Confiscated firearm referring to a firearm taken into dirtius. However, private individuals who already have licenses to
of the law shall
custody by the PNP, NBI, PDEA, and all other law for."." Class-A iight *"upons upon the effectivity the same
enforcement agencies by reason of their mandate; not be deprived ol th" privilege to continue possessing
and reneiing the licenses therefor, for the sole reason that these
(c) Forfeited firearm by court order as accessory penalty firearms ,r" bh"* "1t'' light weapons. This means that there must
or for the disposition by the FEO of the PNP because be other reasons for depriving them ofthis right. Ifthe only reason
considered abandoned, surrendered, confiscated is that the weapon" ,"u clr*" "/t'' light weapons, that fact will not
or revoked in compliance with existing rules and be sufficient to deprive them of the right to possess such weapons.
regulations.
The licensed citizen or juridical entity shall register the firearms
A firearm is considered abandoned if its owner with the FEO whereupon a certificate of registration shall be issued.
who deposited it in the custody of the FEO pursuant For purposes of the law, registration refers to the application'
to the provisions of the law failed to reclaim the upp"orrui, record-keeping and monitoring of firearms with the FEO
same within 5 years or failed to advise the FEO of in accordance with tle iype of license issued. The licenses granted
the disposition to be made thereof. (Sec. 25) include the license to possess ammunition with a maximum of 50
(d) Demilitarized fireavm referring to one deliberately rounds for each registered firearm, unless the licensee is a sports
made incapable of performing its main purpose of shooter who may be allowed to possess more ammunition'
firing a projectile. Registration of firearms by a citizen will secure for him a
(e) Imitation firearm which is a replica of a firearm, or certificate of registration in accordance with the type of license
devise that is so substantially similar in coloration issued to him. Registration by a juridical entity including security
and overall appearance to an existing firearm as to agencies and LGUs shall be by its President or by its vice'President,
lead a reasonable person to believe that it is a real Tieasurer and Board Secretary. The three substitute officials must
be authorized by a board resolution. The registration is evidenced
by
firearm.
a Certificate of Registration (CR) which is of 2 kinds:
(0 Loose fi.rearm defined as an unregistered. firearm,
an obliterated or altered firearm, firearm which has (1) Short certificate of registration (SCR) issued to a
been lost or stolen, illegally manufactured fi"rearms, government official or employee who was issued by his
registered firearms in the possession of an individual employer, department, agency or GOCC a firearm covered
other than the licensee and those with revoked by the long certificate of registration'
Iicenses. (2) Long certificate of registration' (LCR) issued to government
Tampered, obliterated or altered firearm refers to any agencies or offices or GOCC for firearms to be used by
firearm whose serial number or other identification or ballis- theirofficialsandemployeeswhoarequalifiedtopossess
tice characteristics have been intentionally tampered with, firearms excluding security guards'
obliterated or altered without authority or in order to conceal Thus, for a juridical entity, two CRs are required, the LCR
its source, identity or ownership. for the urrd thu SCR for its employee issued with registered
"rriity
firearm of thl entity. The employee must be qualified to possess and
Registration of firearms and renewal thereof carry a fi.rearm. Likewise, he must be issued a DDO'
The law is categorical that only small arms may be registered The registration of the firearm shall be renewed every four
by licensed citizens or juridical entities for ownership, possession years. The iailure to renew the registration of the firearm on or
and concealed carry. A light weapon shall be lawfully acquired or L"fo*" the date of expiration shall have the following effects:
Sl'1,:(:ln l,l'l':Nn L I.AWS
NO'l'1,)S ANI) (lASl,lS ON fil'l,l(llAl, l'l,lNAl, Ln WS
t,,l) No. ln(;(;, AS AMhlNl)l,ll) llY It.A. NO. tt294
(1) revocation of the license of the firearm; (vii) He has not been convicted or is currenlly illl ll<l:rtsctl
in a pending criminal case befbre any cour[ ol'law
(2) confiscation or forfeiture of the firearm in favor of the for a crime that is punishable with a penalty of more
government after due process; and than 2 years. An acquittal or permanent dismissal of
(3) perpetual disqualification of the holder of the firearm a criminal case before the courts of law shall qualify
from applying for any firearm license, for the second time the accused thereofto qualify and acquire a license'
offailure to register. c. Iftheapplicantisapplyingforalicensetopossessafirearm
The application for the renewal may be submitted to the FEO owned by a juridical entity a Duty Detail Order (DDO)
within 6 months before the date of the expiration.
-
which is a document issued by an employer indicating
the name of the employee, the firearm information, the
License to possess specific duration and location of posting or assignment
and the authorized bonded firearm custodian for the
Licenses to acquire and possess firearms and ammunitions
entity to whom such fuearm is to be turned over aft'er the
are categorized depending upon the applicant, whether a citizen, a
lapse ofthe order.
juridical entity or a government agency.
For individuals, the license to possess is categorized into
lndividual applicants must first show that they have all the
types 1 to 5:
necessary qualifications to acquire and possess firearms and ammu-
nitions. 'l'hcse requirements are of 3 kinds: TYPE maximum number allowed
a. the hasic requirements that the applicant must be: (1) 1 two registered firearms;
a Filipino citizen; (2) at least 21 years old; and (3) has
gainful work, oceupation or business or has filed an 2 five registered fuearms;
Income'l'ax Return (ITR) for the preceding year as proof 3 ten registered firearms;
of income, profi:ssion, business or occupation.
4 15 registered firearms; and
b. In addition, the following certifications from appropriate
authorities: 5 more than 15 for a certified gun collector
(i) He has not been convicted of any crime involving For all these t5pes of licenses, a vault or a container secured
moral turpitude; by lock and key or other security measures for the safekeeping of
(ii) He has passed the psychiatric test administered by
firearms is required. For T'ypes 3 to 5 licenses, the citizen must
comply with the inspection and bond requirements'
a PNP-accredited psychologist or psychiatrist;
(iii) He has passed the drug test conducted by an All types oflicenses to possess a firearm shallbe renewed every
accr:erdited and authorized drug testing laboratory or 2 years. The application for the renewal may be submitted to the
clinic; FEO within 6 months before the date of the expiration. Failure to
renew the license shall cause the revocation ofthe license and ofthe
(iv) He has passed a gun safety seminar administered by registration of the firearm under said licensee. Failure to do so on
the PNP or a registered and authorized gun club; 2 occasions shall cause the holder of the firearm to be perpetually
(v) He has filed in writing the application to possess disqualified from applying for any firearm license'
a registered firearm which shall state his personal Upon the death or legal disability of the holder of a firearm
circumstances; license, it shall be the duty ofhis next ofkin, nearest relative, legal
(vi) He has a city or municipal police clearance; and representative, or other person who shall knowingly come into
N()'l'l,ls ANI) (lASl,lS ON Sll'l,l(llAl, l'l,lNAl, I,AWS l'll'1,:( llAl, l'l'lNAl, I,AWS
l'} I) N() lll(;(i. AS AMI'lNl)l'll) llY l{ A NO. '!21)'l
Sec. 2l rerstricts the source where firearms and ammunition can (d) cashiers and bank tellers;
be a<:quircd or purchased only from authorized dealers, importers
or kx:al rrranufacturers and - may be transferred or sold only from (e) Priests, Ministers, Rabbi, Imams;
ir lit:cnscrl t:itizen or licensed juridical entity to another licensed (f) physicians and nurses;
t:il,izcn or lit:cnsed juridical entity. This provision settled the issue on
wlrtrt,lrrrr or not the use of paltih or home-made gun can be licensed
(g) engineers; and
and tlrtr t:oroll:rry issue of whether or not its possession can give rise (h) businessmen who by the nature of their business or
to thc crirnc ol' illegal possession of firearms and ammunition. undertaking, ate exposed to high risk of being targets of
criminal elements.
Thc rkx:t,rine before was that accused cannot be convicted
of simplo illog:rl possession of firearm simply on the basis of the There are various kinds of permits that may be issued:
firearm bcing rr paltik. People u. Ramos, G.R. Nos. 101804-07, May (1) Permit to carry fi.rearm outside of residence, a written
25, 19911, dicl rrot say that paltiks can in no case be issued a license authority issued to a licensed citizen by the Chief of the
or permit, arrrl that proof that a firearm ts a paltik dispenses with PNP which entitles such person to carry his registered or
the prrxrl' t,hrrl, it is unlicensed. (People u. Euangelistq, G.R. Nos. Iawfully issued firearm outside of the residence for the
84332-3|t, Mtry 8, 1996) Sec.21 reversed said doctrine possession d'urationandpurposespecifiedintheauthority.Residence
of pal,tih r:onst,it.utes illegal possession because it is not - registrable refers to his plu* o" places of abode as indicated in his
and not, t,rirnslirlrable due to the strict requirement that it must license.
rxrmc onl.y [irrrn authorized dealers, importers, Iocal manufacturers,
lir:cnstrrl t:it,iztrn or licensed juridical entity. The law also made clear (2) Permit to transporl firearm, a written authority issued to
a licensed citizen or entity by the Chief of the PNP or by a
t,hirt, t,hc punishable act is not only possession but also the unlawful
itt:<1 u isi l,ion o[' fi rearms.
PNPRegionalDirectorthatentitlessuchpersonorentity
to transport a particular firearm from and to a specific
Permit to carry and transport location within the duration and purpose in the authority'
Under the old laws, any person who has license to possess Speciflcallycoveredbythisrequirementisaqualifiedindividual
firearms may also be issued a permit to carry firearms outside his involved in the sport of shooting who must apply for a permit to
residence or place of business. No longer under R.A. 10591, for Sec. 7 trur"po"t his registered firearms from his residence to the firing
provides that a permit to carry firearms outside one's residence shall ,".rg"" and competition sites as may be warranted'
be issued to any qualified person whose life is under actual threat or The residence or office address specified in the permit cannot
imminent danger due to the nature of his profession, occupation or be changed without notifying the FEO' Any person holding a
valid
N()'l't,:s ANI) onsns ()N st,l';(:tn t, t,t,;Nn L t,n ws SI'l,l(llAl, Il,lNAl, I,AWS
l'l) NO Itl(;(;. nS AMl,)Nl)l'll) llY l{.4. NO. tl21)'1
lirearm license who changes residence or office address other l,han G) Cornrnission of any of the acts penalized under R.A. 9165,
that indicated in the license card and fails within a period of 30 days the dangerous drugs law;
from said transfer to notifr the FEO commits a punishable crime.
(h) Submission of falsified documents or misrepresentation
In cases of persons arriving from abroad who is legally in in the application to obtain a license or permit;
possession of any firearm or ammunition in his country of origin
and who has declared the existence of the firearm upon embarkation
(l) Noncompliance of reportorial requirements; and
and disembarkation but whose firearm is not registered in the 6) By virtue of a court order.
Philippines, he shall deposit the same with the Collector of Customs
for delivery to the FEO for safekeeping. If he is a competitor in a Punishable acts
shooting competition, he shall do the same for the issuance of a
permit to transport. If the importation of the same is allowed and 1. Unlawful acquisition, or possession of firearms and ammunition
that person desires to obtain a domestic license, the procedure should committed by any person who shall unlawfully acquire or
be in accordance with the provisions of R.A. 10591. If no license is possess:
dcsircd or leave to import is not granted, the subject firearm or (a) a small arm prision. mayor medium period
+rmmunition shall remain in the custody of the FEO until otherwise -
tlispostd of in accordance with the law. (b) a CIass-A light weapon- prision. nxayor maximum period
U Jxrn the departurefromthe Philippines, firearm or ammunition (c) three or more small arms or Class-A light weapons -
in l,hc t:rrsl.ody of the FEO shall, upon timely request, be returned reclusion temporal to reclusion perpetua
l,hrough l.lrc Collector of Customs. In the case of a participant in a
Iot:al sJxrrl.s shooting competition given an authority to transport,
The penaity shall be one degree higher for these crimes
tho lirtxrrrn must be presented to the Collector of Customs before it if committed under any or combination of the following
is allowcd t,o bc loaded on board the carrier on which the person is conditions:
to board- (1) Loaded with ammunition or inserted with a loaded
magazine;
Grounds for Revocation, Cancellation or Suspension of License (2) Fitted or mounted with laser or any gadget used to
or Permit guide the shooter to hit the target such as thermal
'l'hc l'NI' (lhief or his authorized representative may revoke, weapon sight (TWS) and the iike;
crrnr:t:l or srrspcnd a license or permit under any of the following: (3) Fitted or mounted with sniper scopes' firearm
(,r) (lornrnission of a crime or offense involving the firearm, muffler or firearm silencer;
rrrnrnunition, or major parts (FAMP) thereof; (4) Accompanied with an extra barrel; and
(1,) ()olrvit:l.ion of a crime involving moral turpitude or any
(5) Converted to be capable of firing fuII automatic
ol'li,lrsc where the penalty carries an imprisonment of bursts.
rrrorc l,han 6 years;
() l,oss ol^l,hc FAMP through negligence;
(d) a CIass-B light weapon
- reclusion perpetua
(d) ()irrryirrg of'the FAMP outside of residence or workplace (e) a major part of a small arm
-
prision' mayor minimum
period
wit,hout, l,hc Jrroper permit to carry the same;
(e) (0 ammunition for a small arm or Class-A light weapon
C:lrr-yirrg of the FAMP in prohibited places;
prision. mayor minimum period. But this offense is
(0 Dismiss:rl lirr cause from the service of government official -absorbed if committed by the same person charged with
and empl<l-yerr; the unlawful acquisition or possession of a small arm
\
I'il'lrl(llnl' l'l')NAl' l'AWS
No'l'l,lS ANI) (IASI')S ()N iil'l'l(llAl' l'l'lNAl' l'AWS l'.1) NO. li{(;(i, AS AMI')Nl)l'll) llY ll A N() 1121r'l
or ktrowinglf rtllllw
prision mayor public or private entity who shall wrlllutly
(e) a major part of a Class-A light weapon - such firm, company, cttrlttlrltt,ttttt
any of the firearm" o*,,"d by
found guilty of commitl.ing
medium period ,l","rji, ," be used 5, ."v p"r"orm or willfullv or knowinglv
(h) ammunition for a Class-A light weapon - prision' mct'yor any crime with use of loo!" firearm'
allow any of them unregistered firearm without any
medium period. This violation is absorbed if committed by 'o "" of their residence in the
the same person charged with the unlawful acquisition or legal authority to U"""*ti"J o"I"id"
possession of a Class-A light weapon course of their emPloYment'
prisiotr' nxeyor Use of an imitation firearm in
the commission of a crime shall
(i) a major part of a Class-B light weapon - .1.
the person who committed
maximum Period, and be consider"a u tu"i fi'"u'* and
Injuries caused on the
the crime shall be n"i*f'"a ""cordingly' games, or any
(j) ammunition for a CIass-B light weapon - prision' mqyol ;;;*tr; of the conduct of competitions, sports,
maximum period. The violation is absorbed if committed firearms shall not be
recreation ,ctivities irwol"i"gimitation
bytheSamepersonchargedwiththeunlawfulacquisition punishable under R'A' 10591'
or possession of a Class-B light weapon' outsid'e residence without a
permit
4. Carrying registered' firearm
2. Use of loose firearm in the commission of a crime prision and a fine of P10'000'00'
to carry
- "o"n"'ionol
a. Aggravating circumstance when the use of the firearm is 5. Any person who shall
unlawfully engage in the manufacture'
inherent in the commission of a crime punishable under FAMP' or machinery'
importation, sale *-ai"poti'io" 9f 3 be used bv the same
the RPC or other special laws subject to the following tool or instrument-""ua o' intended
to
a FAMP reclusion' temporal Lo
conditions: person in the -u'"il"tt""e of -
i. If the crime committed with the use of a loose reclusion Perpetua'
firearm carries a maximum penalty lower than tooi or instrument used
The possession of any machinell,
that prescribed for illegal possession, the penalty bv anv p-9'"o: whose
directly in the -;;;i;;;;'e of FAMP
for illegal possession (in other words, whichever is business, tr activity does not lawfully deal with
higher penaltY) shall be imPosed' "-prov'i"'i
the possessi"" "i';;;i'-article' *t"u
n" prima facie
'evtde..ce
in the unlawful or
ii. If the crime committed with the use of a loose that such article i' l"t""a"a to be used
a crime punishable under the RPC or other special laws and individualforthepurposeofimplicatingorincriminating-
such use is considered as aggravating circumstance. the person, or imputing the commission of any violation of
If the violation or offense in nos. 4 and b is committed the provisions of the law to said individual - prisinn nxayor
by a corporation, partnership, association or other juridical -'*i-,-period.(fhisisequivalenttoincriminatinginnocent
entity, the penalty provided therefor shall be imposed upon persons, Art. 363, RPC- fuain, item t2ltal is analogous to the
the directors, officers, employees or other officials o" p"**or" issue of absorPtion.)
therein who knowingly and willingly participated in the If the person found guilty of planting evidence or incri-
unlawful act. minating innocent person is a public ofiEcer or employee' he
7. Any person who shall engage or participate in arms smuggling shall suffer the penalty of reclusinn perpehtn'
- reclusion perpetua. The imposition of penalty for any violation of R'A' 10591
Arms smuggling refers to the import, export, acquisition, shall carry with it the accessory penalty of confiscation and
sale, delivery, movement or transfer of firearms, their parts forfeiture of the firearm, ammunition, or parts thereof,
and components and ammunition, from or across the territory machinery, tool or instrument in favor of the government
of one country to that of another country which has not been which shall be disposed of in accordance with law'
authorized in accordance with domestic law in either or both 11. Any licensed firearm holder who fails to report to the FEO that
countries.
the subject firearm has been lost or stolen within a period of 30
8. Any person who shall tamper, obliterate or alter without days from the date of discovery fine of P10,000'00'
authority the barrel, slide, frame, receiver, cylinder, or bolt
-
L2. Any person holding a valid firearm license
who changes
assembly, including the name of the maker, mod.el, or serial
or office ,ddt*u* other than that indicated in the
number of any firearm, or who shall replace without authority ""*iduIr** within a period of 30 days from said
license card and fails
the barrel, slide, frame, receiver, cylinder, or bolt assembly, fine of P5,000'00'
transfer to noti$ the FEO
including its individual or peculiar identifying characteristics -
essential in forensic examination of a firearm or light weapon 13. Unlawful transfer of possession of any firearm to any person
prision correccional to prision. nxayor minimum period. who has not yet obtained or secured a license or permit -
- prisinn correccinnal and disqualification to apply for a license
9. Any violation of the provision on custodia legis prision mayor
minimum period to prision fiiayor medium period. - io po*"""" other firearms and all his existing licenses whettrer
fo" prrpo"*s sf ssmmerce or possession, shall be revoked' The
During the pendency of any case, seized FAMP, transferor is liable under this provision and the transferee for
machinery, tools or instruments shall remain in the custody of illegal possession.
the court. Ifthe court decides that it has no adequate or"rm to
eafely keep the same, the court shall issue an order to turn over 14. Any law enforcement agent or public officer who unlawfirlly
to the PNP Crime Laboratory such FAMp, machinery, tools di"pose, sell or transfer government-issued firearms' ammuni-
or instruments in its custody during the pendency of the case tion or major parts of firearms or light weapons to private in-
and to produce the same to the court when so ord.ered. No bond dividuals riclusion. temporal. The private person is liable for
shall be admitted for the release of these articles in custod.ia
-
illegal possession for he is not the licensee ofthe said firearm
legis. and ammunition.
10. Any person who shall willfully and maliciously insert, place, 15, Any public officer or employee or any person who - shall
and/or attach, directly or indirectly, through any overt or covert faclptate the registration of a firearm through fraud' deceit'
act, any firearm, or ammunition, or parts thereof in the person, misrepresentation or submission of falsified documents -
house, effects, or in the immediate vicinity of an innocent. prision correccional-
Sl'l,l( llAl, l'l'lNAl, l,AWl'i
N( )'l'l,lS AN I ) ( lASl,ll.; ( )N Sl'l,l( ll A l, l'1,)NA l, I,AWS AMI')Nl)l'll) llY lt A N()'
l'l) N() lr{(i(;, AS 1"121)'l
'l'ht' law is also quite categorical on the kind of weapon that pNp-pnU (.ro*, n'BO)ihut off""der was not a licensee of the said
rrrrrv lrr.rrcrluired by and licensed to a citizen only small arms. fi"ur.- would..rffi* fo" the prosecution to prove beyond r-easonable
l,rkr,wi,.rr', lrc can only carry the weapon outside - his residence or Joubt the second' element' @Lople u' Solayao' G:R'
No' 119220' Sept'
rr,:iirlr.rrcr,s slrccified in the license only if his life is in danger for is fatal to the
20, 1gg6)The absence of the testimony or certification
wlriclr llrr, lrrrr'<lcn is on him to prove. prosecution,scaseandrenderstheconvictionerroneous'(Mallariu.
'l'lr. .I lrr,r' wtys of committing illegal possession of firearms are: CA, G.R. No. 110569, Dec' 9, 1996)
by the
l Sr,r'. 2(i The failure of the possessor to deliver the The existence of the subject firearm may be proved
presentation thereof or by the testimony of witnesses who
saw
lircrrrrrr/rrrrrrrrrrrrit,iorr within 6 months after the death or disability of
i""rr."d in possession of the same' The negative fact that the
accused
Ilrr, lilltrrrcr'
N()'l'l';s nNl) (;ASt,;s ()N St'1,;(:tn t, I't{Nn l, t,Aws
V
lil'l,l(ilAl, l'l'lNAl, I,AWS
l'.1) NO. ltl(;(i, nS AMI'lNI)l'll) llY R.n ' NO l"t294
failed to discharge its burden of proving that cc was not authorized For this reason, there is a dearth of evidence to support the finding
case.
to possess the grenade seized from his house, his acquittal for illegal of homicide and/or frustrated homicide in the illegai possession
Accordingly conviction should only be for simple illegal possession of
possession of explosive is inevitable. (People u. Cortez, SS4 SCRA
334) firuur-r.-(i%ople u. Nufi.ez, G.R. No. 112092, March 1' 2001)
Even if the accused cannot explain why he possessed such P.D. 1866 was amended on June 6, tgg7 by R'A' 8294' Aside
provided
firearm or explosive, since the burden is with the prosecution to from lowering the penalty for said crime, R'A' 8294 also
that if homicide or murderis committed with the use of an unlicensed
prove the guilt of the accused and not vice versa, acquittal is still
in order under the system of criminal justice in this jurisdiction. To firearm, such use shall be considered as a special aggravating
circumstance. This amendment has two implications: first, the
use
hold otherwise is speculative, i-e., the court would be speculating or murder
that the accused is not authorized to possess firearm, whereas what of an unlicensed firearm in the commission of homicide
is required in conviction is proofbeyond reasonable doubt. (1d-) shall not be treated as a separate offense, but merely as a special
(homicide
aggravating circumstance; second, as only a single crime
Use of toose firearm in the commission of a crime oitrrrd", *ittt tt " aggravating circumstance of illegal possession
i
of firearm) is committed under the law, only one penalty shall be
R.A. 8294 amended P.D. 1866 by, among others, making the imposedontheaccused.(Peopleu.Castillo,G..E.Nos.131592.93'
crime of illegal possession of firearm as aggravating in the homicide Feb- 15, 2000)
or murder provided that the cases for illegal possession of firearm
zrnd the homicide/murder were tri.ed jointly. @eople u_ Nauarro, G.R.
R.A. 10591 modified the above doctrine by making the use
Nos. 132696-97, Feb. 12, 2001)Thus, an accused committed homicide of the loose firearm an aggravating circumstance when such is
lnd frustrated homicide with the use of unlicensed firearm but inherent in the commission of a crime punishable under the RPc or
other special laws. But subject to the condition that if the
penaity
wits charged for illegal possession of firearm under an information the maximum penalty for the
for illegal possession is higirer than
scp:rr:rte from the charges for the other crimes; these were raffled to firearm the higher penalty
crime immitted with the use of a loose
(for illegal possession of firearm) shall be imposed' However' if
rlilli'rcnt, branches and the cases were tried separately.The accused
wns r:onvicted for simple illegal possession of firearm because the
maximu-m penalty for the crime committed with the use of a
loose
r,vitlcttr:c us to the homicide was neither presented nor adopted in illegal possession of-firearms,
firearm is equal to that imposed for
l,lro t,rirrl rxrurt trying the illegal possession case. (People u. Nufi,ez,
(J./1. No. 112092, March 1, 2001) In other words, for the use of
an additional penalty of piisior', nlayor' minimum period shall be
imposed together wiLh the penalty for the crime committed'
rrrrlir:r'nscrl (inrarm to be merely an aggravating circumstance, only
orrc irrlirrrrrrrt,i.n should be filed and the trial should be joint for both Anotherimprovementisthatitdoesnotlimitthecrimesto
t,lr. lr.rrrir:irhr/rnrrrder and the illegal possession. If 2 informations murder, homicidl (and parricide pursuant to Macoy)' A further
wcro lil.rl untl (,riod separately, the accused can be convicted for improvement is the addiiion of the provision on imitation firearm
both. ,r""d in the commission of a crime which shall be considered a real
firearmandthepersonwhocommittedthecrimeshallbepunished
ijl'l,l( llAl, l'l')NAl, l,AWl-i
N( )'l'l,lti AN I ) ( lASl,lS ( )N Sl'l,l( ll A l, l'l,lNA l, l,AWli AS AMI':Nl)l'll) llY li.A' N() l'121)'l
l,l) N(). lsli{;,
or ammunition therefor, or any instrument or implement used to carry the same outside of residence;
or intended to be used in the manufacture of firearms, parts of
2. Said special or confidential civilian agents are not
firearms, or ammunition." The next section provides that "firearms
qualified to receive, obtain and possess government-
and ammunition regularly and lawfully issued to officers, soldiers, by the
owned firearms' Their ineligibility will not be cured
sailors, or marines [of the Armed Forces of the Philippines], the covering said government-
issuance of MR for equipment
I PNP], guards in the employment of the Bureau of Prisons, municipal
ownedfirearms.Neitherwilltheyqualifyforexemptiona
polir:e, provincial governors, Iieutenant governors, provincial and
from the requirements of a regular firearms license
l,r'c11s111's1s, municipal treasurers, municipal mayors, and guards of issuance to them of
permit tocarry firearms by the mere
lrrovincial prisoners and jails," are not covered "when such firearms a government-owoed firearms covered' by MR; and
rrrr, irr possession of such officials and public servants for use in the
qualis
1rr,r'lirrrrrirnce of their official duties." 3. said speciat or confidential civilian agents do not
(whether private-owned or
for MOs to carry firearms
Srr-yro u. People, G.R. No. 159703, March 3, 2008, held that of their residence-
government-owned) outside
llrr, lrrw r:irrrnot be any clearer; no provision is made for a secret
rr11t,rrl. Asr srrch he is not exempt. Accused cannot rely on People u. The foregoing rules do not apply to special or confidential
firearms
ll'ltrcttt'tttttlrur.g, where a secret agent was acquitted on appeal on civilian agents in iossession of or bearing private-owned
the
that are aUy U".r"ed and covered by permits to carry
same
I,lrt' rrsrrrrrrpt,ion that the appointment "of the accused as a secret
rrgr,rrl, lo rrssisl, in the maintenance of peace and order campaigns outside ofresidence-
NO'l'l,lS ANI) (:ASl,iS ()N i'il'l,i(llAl, l'l,lNAl, I,AWS Sl'l,l( llAl, l'l,lNAl, I,AWS
Itl,llrt Jlll,l( ) A(i'l' N( ). ;lIl-ril
Sct against the foregoing rules, it is clear that petitioner is not Applicablerulesforgraduatingpenaltiesofthelndeterminate
truthorized to possess and carry the subject firearm and ammunition, Sentence Law
notwithstanding the MR and MO which were illegally issued to him. Violationofthelawispunishedusingthenomenclaturesof
Petitioner is a planter who was recruited to assist in the counter- penaltiesintheRPC.Thedoctrineregardingspeciallawsaccording
insurgency campaign of the AFP. However, as he offered no evidence io simonis that although punished in a special law, if the penalties
were taken from the h,pb, tt " rules therein for graduating
that he is in the regular plantilla of the AFP or that he is receiving by
regular compensation from said agency, he cannot be considered be applied' Hence'
J"g"""" or determining the proper period should
a regular civilian agent but a mere confidential civilian agent as *Jaifyirg circumstanf"" "* be considered in the computation of
defined under Sec. 6(a) of the IRR of P.D. 1866. As such, he was il" *;";"m period of the indeterminate sentence from which the
not authorizedto receive the subject government-owned firearm and minimum penalty one degree lower can be taken'
ammunitions. The MR he signed to account for said government
property did not legitimize his possession thereof. P.D. 1866 imposed the penalty of reclusion temporal in its
of
maximum period io reclusion perpetua for illegal possession
Neither was petitioner authorizedto bear the subject firearm firearms. RA. 8294 lowered the penalty to prision' correccional in its
and ammunitions outside of his residence. The MO issued to maximum period and a fine of not less than P15,000'00'
petitioner was illegal, given that he is not a regular civilian agent
Under /r:t.27 of the RPC, prision correccionol in its maximum
but a mere confidential civilian agent. Worse, petitioner was not period ranges from 4 years, 2 morrths and 1 day' to 6 years' As
even acting as such confidential civilian agent at the time he was
pr"""riU"a""nder Sec. 1 of the ISL, the appropriate penalty that
carrying the subject firearm and ammunitions; he was not on an be imposed on petitioner should keep within said range'
Thus'
official mission in Bais City but had merely visited the place to "an
there being no attendant mitigating or aggravating circumstance'
and consid--ering that petitioner accepted the subject firearm
attend to a family emergency. and
ammunitions from the government under the erroneous notion that
PP contends that he could not be convicted of violating P.D. the
1866 because he is an appointedcivilian agent authorized to possess the MR and MO issuedlo him legitimized his possession thereof,
years, months and 1 day as
and carry the subject firearms and ammunition as evidenced by a appropriate indeterminate penalty is 4 2
minimum to 5 years, 4 months and 21 days as maximum'
MO and MR duly issued by the PNP deputy commander of Task
the
Force Aguila, Lianga, Surigao del Sur. The contention lacks merit. The same rules and. procedures should be observed under
In crimes involving illegal possession of firearms, two new law.
requisites must be established, uiz.: (1) the existence of the subject
REPUBLIG AGT NO. 3553
firearm, and (2) the fact that the accused who owned or possessed
l,he firearm does not have the corresponding license or permit to AN ACT TO PROHIBIT THE
lx)ssess. The first element is beyond dispute as the subject firearms POSSESSION OF DEADLY ARROW
rrnrl ammunitions were seized from PP's possession via a valid
wrrrrnntless search, identifled and offered in evidence during trial SECT|ON l. Any person who possesses a deadly arrow or "pana"
As l,o l,her second element, the prosecution convincingly proved the withoutpermittromacity,municipaldistrictmayor'shallbepunishedby
slun(,. lndeed, PP's purported MO and MR are inferior in the face imprisonmentforaperioaofnotlessthan[30]daysnormorethan[6]
ol' l,lrr. tnorc formidable evidence for the prosecution as the MO months.Thephrases..deadlyarrowor,pana",aSusedinthisActmeans
arrrl M lt wcrt afterthoughts contrived and issued under suspicious anyarrowordartthatwhenshotfromaboworslingshotcancauseinjury
circrrrrrst,rrn<rx. (Padilla u. CA, G.R. No. 121917, March 12, 1997) or death of a Person.
issue a
'I'hcrc is no indication in R.A. 10591 that the above doctrine SEC. 2. Any city, municipal or municipal district mayor-may
to poisess a deadly arrow or "pana" if such is to
permit to any inJViauat
has been rcvorscd.
Le used to earn livelihood for such individual'