Republic of the Philippines
House of Representatives

SEVENTEENTH CONGRESS
Second Regular Session

HOUSE BILL No. 6553

INTRODUCED BY REP. LUISA LLOREN CUARESMA

Lone District of Nueva Vizcaya

EXPLANATORY NOTE

It is the declared principle and policy of the State as expressly stated under
Section 5, Article II of the 1987 Constitution that, “The maintenance of
peace and order, the protection of life, liberty, and property, and the
promotion of the general welfare are essential for the enjoyment by all the

people of the blessings of democracy.”

To accomplish the mandate of our Constitution, Republic Act No. 10591,
otherwise known as the “Comprehensive Firearms and Ammunition Regulation
Act” was enacted to provide for a comprehensive law regulating the ownership,
possession, carrying, manufacture, dealing in and importation of firearms,
ammunition or parts thereof, in order to provide legal support to law

enforcement agencies in their campaign against crime, stop the proliferation of


loose firearms or weapons and the illegal manufacturing of firearms or weapons,

ammunition and parts thereof.

Statistical data gathered by the Firearms and Explosives Office of the
Philippine National Police shows that three and a half (3.5) years after the
effectivity of Republic Act No. 10591 there are approximately 824, 679 old
firearms holders. Unfortunately, not all are registered. The records also show

that there are 1, 747, 775 firearms holders that have expired registration.

The decline of registration has led to the increase of loose firearms.
One of the main reasons for the decline of registration is that firearm holders feel
discouraged to comply with all the requirements for the licensing and
registration of their firearms. An average of three days must be allotted to
complete the registration steps notwithstanding the need to go back again to
Camp Crame or Police Regional Offices to claim the results of their
Neuropsychiatric exam and drug test. Additional days should also be allotted to
apply for necessary clearances such as NBI clearance, Police clearance, MTC or

RTC clearance.

The process of licensing and registration of firearms has also brought
significant issues. How can a bedridden firearm holder or a citizen living abroad
or an unqualified person who acquired a firearm through inheritance or donation
register? The registration requirements could be oppressive for them. The data
gathered clearly shows that the means employed to accomplish the purpose of

the law weren’t efficient and effective.

Professor Freund describes the police power as the power promoting
the public welfare by restraining and regulating the use of liberty and property.

The lawful objective must be pursued through a lawful method. The means
2


employed should be reasonably necessary for the accomplishment of the
purpose and not unduly oppressive upon individuals.

To encourage citizens to register their firearms, the Philippine
National Police Firearms and Explosives Office has launched last August 15,
2017 the Provisional License to Own and Possess Firearms (LTOPF) Program.
The main objective of this program is to help holders of an expired firearms
registration who were issued license before the effectivity of Republic Act no.
10591 to register their firearms while accomplishing the requirements of the
Regular LTOPF under Section 4 of RA 10591.

The requirements for registrations were reduced from 11 down to 3
requirements. This program encourages people to register their loose firearms
thereby increasing accountability, assist in the legal sale or transfer of renewed
firearms, promoting responsible firearm ownership and peace of mind from
criminal liability.

The ideal of the greatest good for the greatest number will be
subordinate to the wicked scheme of perpetuating despotic authoritarianism.

Let us not allow the corruption of police power lead to the decay of democracy
itself.

In view of the foregoing, the passage of this bill is earnestly sought.

4 JISA Hw ¢UARESMA
3


Republic of the Philippines
House of Representatives

SEVENTEENTH CONGRESS
Second Regular Session

553
HOUSE BILL NO.

INTRODUCED BY REP. LUISA LLOREN CUARESMA

Lone District of Nueva Vizcaya

AN ACT GRANTING PROVISIONAL LICENSE TO OWN AND
POSSESS FIREARMS AND STREAMLINING THE REGISTRATION
AND RENEWAL PROCESS, AMENDING FOR THE PURPOSE
REPUBLIC ACT NO. 10591, OTHERWISE KNOWN AS THE
“COMPREHENSIVE FIREARMS AND AMMUNITION REGULATION
ACT” AND APPROPRIATING FUNDS THEREFOR

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

in Congress assembled:


SECTION 1. For the purpose of this Act, the following terms shall
be added in Section 3. Definition of Terms of Republic Act No. 10591, otherwise
known as “Comprehensive Firearms and Ammunition Regulation Act”:

“SEC. 3. Definition of Terms. — As used in this Act:”

“(GG-A) SPORTS SHOOTER REFERS TO ANY PERSON WHO
IS A MEMBER OF ANY GUN CLUB, ORGANIZATION,
INSTITUTION OR ASSOCIATION DULY RECOGNIZED BY
THE PHILIPPINE GOVERNMENT WHO COMPETES
LOCALLY OR INTERNATIONALLY USING FIREARMS.

(GG-B) PROVISIONAL LTOPF REFERS TO A TEMPORARY
LICENSE ISSUED TO ANY PERSON WHO IS A HOLDER OF AN
EXPIRED FIREARMS REGSTRATION WHO WAS ISSUED A
LICENSE BEFORE THE EFFECTIVITY OF REPUBLIC ACT NO.
10591 GRANTED BY THE GOVERNMENT

SECTION 2. Section 4, Article II of Republic Act No. 10591,
otherwise known as “Comprehensive Firearms and Ammunition Regulation Act”

is hereby amended as follows:
“Article Il Ownership and Possession of Firearms”

“SEC. 4. Standards and Requisites for Issuance of and Obtaining
a License to Own and Possess Firearms. —n 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 to 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;

(

reipalt ts PROOF OF BILLING OR
NGAY CLEARANCE.

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.

THE ABOVE MENTIONED REQUIREMENTS SHALL
ONLY BE SUBMITTED UPON’ THE INITIAL
APPLICATION FOR REGISTRATION BY A QUALIFIED
INDIVIDUAL SUBJECT TO THE REVOCATION BY THE
ISSUING AUTHORITY UPON CLEAR SHOWING OF ANY
GROUND FOR DISQUALIFICATION WITHOUT
PREJUDICE TO ADDITIONAL ADMINISTRATIVE,
CIVIL OR CRIMINAL LIABILITIES PROVIDED BY THE
LAW.”

SECTION 3. Section 5 of the Comprehensive Firearms and Ammunition

Regulation Act is hereby amended as follows:

“SEC. 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;


(d) It has paid all its income taxes for the year, as duly certified

by the Bureau of Internal Revenue; and

(E) THE INCORPORATORS AND BOARD OF
DIRECTORS OR TRUSTEES HAVE NOT BEEN
CONVICTED OF ANY CRIME INVOLVING MORAL
TURPITUDE; AND

(F) THE BUSINESS IS NOT ENGAGED IN ANY
CONDUCT CONTRARY TO LAW, MORALS, GOOD
CUSTOMS, PUBLIC POLICY AND PUBLIC INTEREST.

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 4. Section 7 of the Comprehensive Firearms and Ammunition
Regulation Act is hereby amended as follows:

“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.

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;


(h) Businessmen, who by the nature of their business or
undertaking, are exposed to high risk of being targets of criminal

elements; and

(G) FORMER AND INCUMBENT ELECTED
GOVERNMENT OFFICIALS.

SECTION 5. Section 19 of the Comprehensive Firearms and

Ammunition Regulation Act is hereby amended as follows:

“SEC. 19. Renewal of Licenses and Registration. - FOR THE
PURPOSE OF RENEWAL OF LICENSES AND
REGISTRATION, THE QUALIFIED APPLICANT SHALL
ONLY SUBMIT THE FOLLOWING REQUIREMENTS:

A) ACCOMPLISHED APPLICATION FORM;

B) ANY GOVERNMENT-ISSUED ID OR PROOF OF
BILLING INDICATING THE COMPLETE ADDRESS
OF THE APPLICANT;

C) PAYMENT OF REASONABLE FEES;

D) DRUG TEST

E) DI CLEARANCE

THE APPLICATION FOR RENEWAL FORM SHALL BE
SUBSCRIBED AND SWORN TO BY THE APPLICANT
BEFORE A NOTARY PUBLIC STATING THAT HE
STILL POSSESSES THE STANDARDS AND
REQUIREMENTS STATED UNDER SECTION 4 OF THIS
ACT.

10


All types of licenses EXCEPT PROVISIONAL LICENSE TO
OWN AND POSSESS FIREARMS shall be renewed every
fewo-2}-years} FIVE (5) YEARS. Failure to renew the license
on or before the date of its expiration shall cause the revocation
of the license and of the registration of the firearm/s under said

licensee.

The registration of the firearm shall be renewed every ffeur{4)
years} FIVE (5) YEARS. Failure to renew the registration of the
firearm on or before the date of expiration shall cause the
revocation of the license of the firearm. The said firearm shall be
confiscated or forfeited in favor of the government after due

process.

The failure to renew a license or registration within the periods
stated above on two (2) occasions shall cause the holder of the
firearm to be perpetually disqualified from applying for any
firearm license. The application for the renewal of the license or
registration may be submitted to the FEO of the PNP, within six
(6) months before the date of the expiration of such license or

registration.”
SECTION 6. For the purpose of this act, a transitory provision shall
be added as follows:

“ARTIVLE V-A: TRANSITORY PROVISION”

“SECTION 1. PROVISIONAL LICENSE TO OWN AND
POSSESS FIREARMS - FOR THE PURPOSE OF
FIREARMS RENEWAL OR TRANSFER OR BOTH, ANY


PERSON WHO IS A HOLDER OF AN EXPIRED
FIREARMS REGSTRATION WHO WAS ISSUED A
LICENSE BEFORE THE EFFECTIVITY OF REPUBLIC
ACT NO. 10591 MAY APPLY FOR A PROVISIONAL
LICENSE TO OWN AND POSSESS FIREARMS (LTOPF)
UPON COMPLIANCE WITH THE FOLLOWING
REQUIREMENTS:

F) ACCOMPLISHED APPLICATION FORM;

G)ANY GOVERNMENT-ISSUED ID OR PROOF OF
BILLING INDICATING THE COMPLETE ADDRESS
OF THE APPLICANT; AND

H) PAYMENT OF REASONABLE FEES.

THE REQUIREMENTS SHALL BE SUBMITTED TO THE
FIREARMS AND EXPLOSIVES OFFICE OF THE
PHILIPPINE NATIONAL POLICE OR TO THE
REGIONAL CIVIL SECURITY UNITS (RCSU) IN POLICE
REGIONAL OFFICES (PRO).”

“SECTION 2. VALIDITY OF PROVISIONAL LICENSE TO
OWN AND POSSESS FIREARMS — THE PROVISIONAL
LTOPF SHALL ONLY BE VALID FOR A PERIOD OF
NINE (9) MONTHS FROM THE TIME OF ITS ISSUANCE.

THE APPLICANT MUST BE ABLE TO COMPLY WITH
ALL THE REQUIREMENTS STATED UNDER SECTION 4
OF THIS ACT ON OR BEFORE THE EXPIRATION


PERIOD OF THE PROVISIONAL LTOPF FOR
CONTINUED OWNERSHIP OF THE FIREARM/S.”

SECTION 3: MODES OF APPLICATION — FOR THE
PURPOSE OF THIS ACT, THE FOLLOWING SHALL BE
THE MODES OF APPLICATION OF PROVISIONAL
LICENSE TO OWN AND POSSESS FIREARM:

a) WALK-IN APPLICATION AT PHILIPPINE
NATIONAL POLICE HEADQUARTERS IN CAMP
CRAME OR IN ANY POLICE REGIONAL OFFICES
IN THE REGION WHERE THE PLACE OF
RESIDENCE OF THE APPLICANT IS SITUATED;

b) ONLINE APPLICATION; AND

c) CARAVANS JOINED BY THE PNP

SECTION 7. Appropriations — The Chief of the Philippine
National Police shall immediately include the operationalization of this Act, the

funding of which shall be included in the annual General Appropriations Act.

SECTION 8. Implementation Rules and Regulations - The
Philippine National Police Firearms and Explosives Office shall formulate and

issue necessary rules and regulations for the effective implementation of this Act.

SECTION 9. Separability Clause — Should any provision of this
Act be subsequently declared unconstitutional, the same shall not affect the

validity or the legality of the other provisions.


SECTION 10. Repealing Clause — All laws, presidential decrees,
executive orders, rules and regulations contrary to or inconsistent with the

provisions of this Act are hereby repealed or modified accordingly.
SECTION 11. Effectivity Clause. - This Act shall take effect

immediately after its publication in the Official Gazatte or newspaper of general
sion. Approved,

Approved,