REPUBLIC ACT NO.

10591
THE COMPREHENSIVE FIREARMS AND
AMMUNITIONS REGULATION ACT
(CFARA)

PRESENTED BY: LUWI TIAGO, JD 1-E

 TRIVIA
• Caliber is a measurement of
the diameter of the bullet or
the bore. Caliber is
generally measured in
hundredths or thousandths of
an inch.
 PD 1866

• CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION,

MANUFACTURE, DEALING IN, ACQUISITION OR DISPOSITION, OF
FIREARMS, AMMUNITION OR EXPLOSIVES OR INSTRUMENTS USED IN
THE MANUFACTURE OF FIREARMS, AMMUNITION OR EXPLOSIVES, AND
IMPOSING STIFFER PENALTIES FOR CERTAIN VIOLATIONS THEREOF AND
FOR RELEVANT PURPOSES"
 RA 8294

• June 6, 1997
• AN ACT AMENDING THE PROVISIONS OF PRESIDENTIAL DECREE NO. 1866, AS
AMENDED, ENTITLED "CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL
POSSESSION, MANUFACTURE, DEALING IN, ACQUISITION OR DISPOSITION OF
FIREARMS, AMMUNITION OR EXPLOSIVES OR INSTRUMENTS USED IN THE
MANUFACTURE OF FIREARMS, AMMUNITION OR EXPLOSIVES, AND IMPOSING
STIFFER PENALTIES FOR CERTAIN VIOLATIONS THEREOF, AND FOR RELEVANT
PURPOSES."
Punishable Acts Penalty (PD 1866) Penalty (RA 8294)

Unlawful Manufacture, Sale,

• Reclusion • The penalty of prision correccional in its
Acquisition, Disposition or maximum period and a fine of not less than
Possession of temporal in its Fifteen thousand pesos (P15,000)
= Firearms or Ammunition maximum period • = low powered firearm, such as rimfire
= Instruments Used or to reclusion handgun, .380 or .32 and other firearm of
Intended to be Used in the
Manufacture of Firearms or perpetua similar firepower
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)
 = firearm is classified as high powered firearm
which includes those with bores bigger in diameter
than .38 caliber and 9 millimeter
 Provided, however, That no other crime was
committed by the person arrested.
Punishable Acts Penalty (PD 1866) Penalty (RA 8294)
• Homicide or Murder is committed with the
Death
considered as an
aggravating circumstance.
use of an unlicensed firearm.
• absorbed as an
• Furtherance of, or incident to, or in element of the crime
connection with the crimes of rebellion, Death + Sedition, or attempted
insurrection or subversion. coup d'etat

• Owner, president, manager, director or other • Reclusion temporal in its Prision correccional
responsible officer of any public or private firm,
company, corporation or entity, who shall willfully or maximum period in its maximum
knowingly allow any of the firearms owned by such period and a fine of
firm, company, corporation or entity to be used by to reclusion perpetua not less than Fifteen
any person or persons found guilty of violating the
provisions of the preceding paragraphs or willfully or
thousand pesos
knowingly allow any of them to use unlicensed (P15,000)
firearms or firearms without any legal authority to be
carried outside of their residence in the course of
their employment.

• Any person who shall carry any licensed • Prision mayor • Arresto mayor
firearm outside his residence without legal
authority therefor.
Punishable Acts Penalty (PD 1866) Penalty (RA 8294)

• Unlawful manufacture, sale, acquisition, • reclusion temporal • prision mayor in its maximum
disposition or possession of explosives capable in its maximum period to reclusion temporal and
of producing destructive effect on contiguous period to reclusion a fine of not less than Fifty
objects or causing injury or death to any person. perpetua thousand pesos (P50,000)

• "When a person commits any of the crimes • Death • use of such explosives, detonation
agents or incendiary devices shall be
defined in the Revised Penal Code or considered as an aggravating
special laws circumstance.
• Furtherance of, or incident to, or in connection Absorbed as an element of the
with the crime of rebellion, insurrection, sedition • Death crimes of rebellion, insurrection,
or attempted coup d'etat sedition or attempted coup d'etat.

• Owner, president, manager, director or other responsible • Reclusion • prision mayor in its maximum
officer of any public or private firm, company, temporal in its
corporation or entity, who shall willfully or knowingly period to reclusion temporal
allow any of the explosives owned by such firm,
maximum period and a fine of not less than
company, corporation or entity, to be used by any person to reclusion Fifty thousand pesos
or persons found guilty of violating the provisions of the perpetua
preceding paragraphs."
(P50,000)
Punishable Acts Penalty (PD 1866) Penalty (RA 8294)

• Tampering of Firearm’s Serial • prision mayor • prision correccional

Number

• Repacking or altering the composition of • prision mayor • prision correccional

lawfully manufactured explosives

• Unauthorized Issuance of Authority to Carry

Firearm and/or Ammunition Outside of
• prision correccional • Not liable
Residence
TAMPERING OF FIREARM’S SERIAL NUMBER
REPACKING OR ALTERING THE COMPOSITION OF
LAWFULLY MANUFACTURED EXPLOSIVES.
LOW POWERED FIREARM

• 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.
HIGH POWERED FIREARM

• 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.
 COVERAGE OF THE TERM
UNLICENSED FIREARM.
• 1) firearms with expired license; or
2) unauthorized use of licensed firearm in the commission of the
crime.
 •DECORATE
DECORATE A TREE
A TREE
 [REPUBLIC ACT NO. 10591]

• AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON FIREARMS AND

AMMUNITION AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF
CLASSIFICATION OF FIREARMS

• Light weapons are:

• Class-A Light weapons which refer to self-loading pistols, rifles and carbines, submachine
guns, assault rifles and light machine guns not exceeding caliber 7.62MM which have fully
automatic mode; and
• Class-B Light weapons which refer to weapons designed for use by two (2) or more persons
serving as a crew, or rifles and machine guns exceeding caliber 7.62MM such as heavy
machine guns, handheld under barrel and mounted grenade launchers, portable anti-aircraft
guns, portable anti-tank guns, recoilless rifles, portable launchers of anti-tank missile and
rocket systems, portable launchers of anti-aircraft missile systems, and mortars of a caliber of
less than 100MM.
CLASS A – LIGHT WEAPONS
CLASS B – LIGHT WEAPONS
SMALL ARMS
SMALL ARMS

• Refer to firearms intended to be or primarily designed for individual use or

that which is generally considered to mean a weapon intended to be fired
from the hand or shoulder, which are not capable of fully automatic bursts of
discharge, such as:
• (1) Handgun : pistol or revolver
• (2) Rifle
• (3) Shotgun
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.
MAJOR PART OR COMPONENTS OF A FIREARM

• Refers to the barrel, slide, frame, receiver, cylinder or the bolt assembly. The
term also includes any part or kit designed and intended for use in converting
a semi-automatic burst to a full automatic firearm.
• SEC. 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.
 ARTICLE V
PENAL PROVISIONS
• SEC. 28. Unlawful Acquisition, or 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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
• Penalized reclusion temporal to reclusion perpetua
• 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.
SEC. 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.
SEC. 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.
SEC. 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.
BAR EXAM QUESTIONS

• Ka Jacinto who is an NPA Commander, was apprehended with unlicensed

firearms and explosives. He was accordingly charged with illegal possession
of said firearms and explosives. He now questions the filing of the charges on
the ground that they are deemed absorbed in a separate charge of rebellion
filed against him. Decide the issue.
ANSWER

• The charge of illegal possession of firearms and explosives is deemed

absorbed in the crime of rebellion, such possession being a necessary means
for the perpetration of the latter crime. (Elias v. Rodriguez)
• Suppose Ka Jacinto, using one of the unlicensed firearms, shot and killed his
neighbor in an altercation. May the charge of murder and illegal possession
of firearms be deemed absorbed in the separate charge of rebellion filed
against him?
ANSWER

• The charges here could not be absorbed in the separate charge of rebellion
as it clear that the act of murder, coupled with the possession of an unlicensed
firearm, was not in furtherance of the rebellion.
EXPLAIN THE THEORY OF ABSORPTION

• Absorption in rebellion is enunciated in the leading case of Pp vs Hernandez,

wherein it is perpetrated in furtherance of rebellion, a political offense,
assumes the political complexion of rebellion of which it is merely ingredient
and consequently cannot be punished separately from rebellion, or
complexed with the same to justify the imposition of a graver penalty.
• However, this doctrine is modified now by Article 142-A, incorporated in the RPC by
PD No. 942, which provides that if by reason of or on the occasion of rebellion, an
offense more serious that rebellion was committed, the offender is to be punished for
the more serious offense, and the penalty is to imposed in its maximum period.
• Murder is unquestionably more serious than rebellion as it is punished by death
(Reclusion Perpetua). So, if during a rebellion murder is committed to further the ends
of rebellion, the murder cannot be absorbed in the rebellion. The penalty for
murder in this case will be imposed in its maximum period in Art. 142-A