l' ;' 
FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
'II} 
SENATE 
S. NO. 13 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
EXPLANATORY NOTE 
The 1987 Constitution declares that the maintenance of peace and order, the protection of life, 
liberty, and property, and promotion of the general welfare are essential for the enjoyment by all 
the people of the blessings of democracy. However, the alarming rise of crimes due to the 
disposition and use ofloose firearms runs counter to the aforementioned principle of the State. In 
the recent National Summit on Firearms Control, the Philippine National Police noted that in the 
2005 Report of the World health Organization and the UN Office of Drugs and Crime, the 
Philippines ranked 10th in the number of gun homicide rates worldwide. Furthermore, the PNP 
revealed that the current estimate of loose firearms in the country is now figured at 1,110,372. 
The PNP Report showed that in the 5,752 crime incidents recorded in 2008, there were 6,030 
firearms involved therein - 5,999 of which were loose firearms and only 31 licensed. In addition, 
the most common crimes committed with loose firearms from 2006 to 2008 consistently 
included murder, homicide, physical injury, and robbery. The international think tank Small 
Arms Survey's (2007) figures, on the other hand, place the average total number of guns in 
circulation in the country at 3.9 million (high of 5 million and low of 2.8million).! The data gap 
in the actual number of guns-in-circulation contributes to the difficulty of accurately pointing the 
finger to the problem, and also in the difficulty in making a systematic assessment of trends in 
arms proliferation.2 Admittedly, firealIDs in the hands of irresponsible citizens is tantamount to 
increased perception of insecurity, loss of human lives, damage to property and destruction of 
valuable resources in the country. 
It is in this light that this bill seeks to regulate the unlawful possession, manufacture, dealing in, 
acquisition or disposition, of firearms, ammunition, and instruments used in the manufacture of 
firearms and ammunition, by amending Presidential Decree No. 1866 as amended by Republic 
Act Nos. 8294 and 9516. This measure seeks to provide stiffer penalties for the violation of the 
same in order to more effectively deter the commission of these crimes. This bill also provides 
maximum penalty for violations committed by public officials whether in civilian or in military, 
police or law enforcement service, considering that they are supposedly mandated by their office 
to preserve the peace and order in society. 
In view of the foregoing, immediate approval of this measure is earnestly sO~l 
~-=-t~~. -
10 "SONNY" F. TRILLANES IV 
Senator 
1 Philippine National Police chief Director General Jesus Verzosa. Powerpoint Presentation during the National Summit of 
Firearms Control. Philippine National Police, Camp Crame, Quezon City. May 18-19, 2009. 
2 Jennifer Santiago Oreta. Philippine Action Network on Small Anus (PhilANSA), Dept. of Political Science, Ateneo de Manila 
University. Powerpoint Presentation during the National Summit of Fireanns Control. Philippine National Police, Camp Crame, 
Quezon City. May 18-19. 2009. 
1 


1 
2 
) 
; , ~' 
FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
.H. -1 A9 :23 
SENATE 
S. NO. 13'IiIEC"iVEtJ "n" 
~ "' 
Introduced by Senator Antonio "Sonny" F. Trillane: IV"" 
,_. 
_ ...... 
AN ACT 
AMENDING THE PROVISIONS OF PRESIDENTIAL DECREE NO. 1866, ENTITLED 
"CODIFYING 
THE 
LAWS 
ON 
ILLEGAL/UNLA WFUL 
POSSESSION, 
MANUFACTURE, DEALING IN, ACQUISITION OR DISPOSITION OF FIREARMS, 
AMMUNITIONS OR INSTRUMENTS USED IN THE MANUFACTURE OF FIREARMS 
AND AMMUNITION, AND IMPOSING STIFFER PENALTIES FOR CERTAIN 
VIOLATIONS THEREOF, AS AMENDED BY REPUBLIC ACT NO. 8294 AND 9516 
Be it enacted by the Senate and House of Representatives of the Republic of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This act shall be known as the "Gun Control Act of 201 0." 
3 
SEC. 2. Declaration of Policy. - Pursuant to the Constitutional declaration that the 
4 
primordial duty to maintain peace and order, protect life, liberty and property, and promote 
5 
general welfare rests in the state, it is hereby declared the policy of the State to regulate the 
6 
privilege of manufacturing, possessing, and selling bffirearms. 
7 
8 
9 
10 
ARTICLE I 
DEFINITION OF TERMS 
. '11 
SEC. 3. As used in this Act, the term -
12 
a. "Firearm" means a gun, or other weapon, that is (or at any time was) capable of 
13 
propelling a projectile by means of an explosive, and includes a blank fire firearm, or an 
14 
airgun. Airsoft guns, for the purposes of this Act, are not considered as a firearm; 
15 
b. "Ammunition" includes 
16 
I. any article consisting of a cartridge case fitted with a primer and a projectile; 
17 
2. 
any article consisting of a cartridge case fitted with a primer and containing a 
18 
propelling charge and a projectile; or 
19 
3. blank cartridges, airgun pellets, training cartridges or gas cartridges; or 
20 
4. any other article prescribed for this definition. 
21 
c. "Pistol or Handgun" - a small firearm designed to be operated with one hand. A pistol 
n 
or handgun may be categorized further as: 
23 
1. Single Shot .. a firearm with no means in the mechanism for storing or loading more 
24 
than a single cartridge housed in the chamber of the barrel; 
1 


1 
2. Revolvers - fIrearm, usually a handgun, with a cylinder having several chambers so 
2 
arranged as to rotate around an axis and be discharged successively by the same 
3 
fIring mechanism through a common barrel; and, 
4 
3. Semi-Automatic - fIrearm which fires, extracts, ejects and reloads once for each pull 
5 
and release of the trigger. Also called Self-loading or Auto-loading. 
6 
d. "Long Guns or Shoulder Arms" - Any firearm fitted with a stock and designed to be 
7 
used while held with both hands and supported by a shoulder. Long guns or shoulder 
8 
arms may be categorized further as: 
9 
1. Rifles - firearms having spiral grooves in the bore and designed to be fired from the 
10 
shoulder. 
11 
2. Shotgun - smooth bore shoulder fIrearm designated to fire cartridges containing 
12 
numerous pellets or a single slug. 
13 
e. "Automatic Weapons" - A firearm design that continuously feeds cartridges, fires and 
14 
ejects cartridge cases as long as the trigger is fully depressed and there are cartridges 
15 
available in the feed system. Actuation ofthe mechanism may be from an internal power 
16 
source such as gas pressure or recoil, or external power source, such as electricity. 
17 
1. Machine gun - a fully automatic firearm that loads, fires and ejects continuously 
18 
when the trigger is held to the rear until the ammunition is exhausted or pressure on 
19 
the trigger is released. 
20 
2. Sub-Machine gun - a lightweight automatic gun that shoots pistol ammunition, is 
21 
usually fired from the shoulder or hip, and often has the capacity for shooting single 
22 
rounds. 
23 
3. Automatic Rifle - a fully automatic shoulder firearm that starts fIring when the 
24 
trigger is pulled and continues until the trigger is released or ammunition is 
25 
exhausted. 
26 
27 
£ "Assault 
rifle" 
refers 
to 
an intermediate 
cartridge and 
a selective 
fire rifle designed 
for combat that 
uses 
a detachable 
magazine. 
Assault 
rifles 
are 
the 
28 
standard infantry weapons in most modem armies. A firearm must have at least the 
29 
following characteristics to be considered an assault rifle: 
30 
1. It must be an individual weapon with provision to fIre from the shoulder (i.e. 
31 
a buttstock); 
32 
2. It must be capable of selective fire; 
33 
3. It must have an intermediate-power cartridge: more power than a pistol but less than 
34 
a standard rifle or battle rifle; 
35 
4. Its ammunition must be supplied from a detachable magazine. 
36 
g. "Lawfully Acquired/ Possessed Firearms" means fIrearms procuredl purchased from any 
37 
of the following sources: 
38 
1. Licensed firearm holder, through transfer or sale; 
2 


1 
2. Licensed firearm holder, through purchase 
2 
3. ImpOltation/Purchase Abroad 
3 
h. "Possession", in relation to a firearm, includes any case in which a person knowingly-
4 
1. has custody of the firearm; or 
5 
2. has the firearm in the custody of another person. 
6 
i. 
"Person" refers to either natural or juridical person; 
7 
J. "Firearm Part" includes a barrel, breech, pistol slide, frame, cylinder, trigger mechanism, 
8 
operating mechanism or magazine designed as, or reasonably capable of forming, part of 
9 
a firearm; 
10 
k. "Gun Smuggling" refers to the importation into the country, through the airports, 
11 
seaports or coastlines, of firearms of any make or caliber, or ammunition of any quantity 
12 
without lawful authority, including the evasion of customs, taxes and duties thereon; 
13 
I. "Gun Running" refers to the transport within the country of firearms of more than five 
14 
(5) pieces or ammunition of more than one hundred (100) rounds without lawful 
15 
authority; 
16 
m. "Loose Firearm" refers to any firearm which has not been registered by the Firearms and 
17 
Explosives Division (FED) of the PNP Civil Security Group (hereinafter referred to as 
18 
FED-PNP). 
19 
n. "Organized Threat Groups" include such groups that have commenced acts of hostility 
20 
with the duly constituted authorities of the state by violating the laws particularly 
21 
affecting the people, territory, sovereignty and goverurnent; 
22 
o. "Criminal Syndicates" include such elements as organized crime groups, criminal gangs 
23 
and wanted persons. 
24 
25 
26 
27 
ARTICLE II 
PENAL PROVISIONS 
28 
SEC. 4. Unlawful Acquisition or Possession of Firearms or Ammunition. - Any person 
29 
who shall unlawfully acquire or possess any firearm shall be imposed with the penalty of prision 
30 
mayor in its minimum period and a fme of not less than forty thousand pesos (P40,000.00). 
31 
Private individuals are allowed to lawfully possess up to three (3) firearms only. Provided 
32 
however, That if private individuals possess four (4) or more lawfully acquired firearms, the 
33 
penalty of reclusion temporal in its minimum period and a fine of not less than one hundred 
34 
thousand pesos (PI 00,000) shall be imposed. 
35 
Private individuals participating in shooting competitions sanctioned by gun clubs or 
36 
shooting organizations legally accredited by the PNP are allowed to legally own or possess a 
37 
maximum of seven (7) firearms. 
3 


1 
In case ofunlawful possession or acquisition ofammunition, the penalty of imprisonment 
2 
and fine shall be based on the quantity of ammunition indicated hereunder: 
NUMBER OF ROUNDS 
IMPRISONMENT 
FINE 
1-50 
Prision Correccional (minimum) 
P30,000.00 
51-100 
Prision Correccional (medium) 
PsO,OOO.OO 
101 and over 
Prision Correccional (maximum) 
P80,000.00 
3 
The same penalty shall be Imposed upon the owner, president, manager, director or other 
4 
responsible officer of any public or private firm, company, corporation or entity, who shall 
5 
willfully or knowingly allow any of the firearms owned by such firm, company, corporation, or 
6 
entity to be used by any person or persons found guilty of violating the provisions of the 
7 
preceding paragraphs or willfully or knowingly allow any of them to use unlicensed firearm or 
8 
firearms without any legal authority to be carried outside of their residence in the course of their 
9 
employment. 
10 
11 
SEC. 5. Unlawful Acquisition or Possession of Firearms. - The penalty of reclusion 
12 
temporal in its minimum period shall be imposed upon any person who shall unlawfully acquire 
13 
or possess firearms. The Armed Forces of the Philippines (APP) or the Philippine National 
14 
Police (PNP) and other authorized law enforcement agencies shall lawfully acquire or possess all 
15 
firearms in their inventory. 
16 
The next higher penalty as prescribed in this section shall be imposed if the violation 
17 
under this section is committed by any government employee or official, whether elective or 
18 
appointive. 
19 
Private individuals who already have licenses to possess firearms categorized as "Long 
20 
Gun", "Automatic Weapon", or "Assault Rifle" shall turnover such firearms upon effectivity of 
21 
this act. The turned over firearms shall be applied for the exclusive use of the AFP or PNP, 
22 
subject to the rules and regulations of the PNP regarding the registrations of firearms with the 
23 
FED-PNP. 
24 
SEC. 6. Privately Owned Security Agencies. - Security agencies, upon passing the 
25 
requirements prescribed by the PNP, shall be entitled to lawfully acquire or possess hand guns, 
26 
long guns, and assault rifles, provided that the rifles and assault rifles in their possession are 
27 
limited to those with a caliber of 9mm. below. 
28 
The penalty of reclusion temporal in its minimum period shall be imposed upon any 
29 
ownerls of security agencies that shall unlawfully acquire or possess firearms. 
30 
31 
SEC. 7. Unlawful Manufacture, Sale or Disposition of Firearms and Ammunition. -
32 
The penalty of reclusion temporal and a fine of five hundred thousand pesos (P500,OOO.OO) shall 
33 
be imposed upon any person, who, unless authorized by law, shall engage in the manufacture, 
34 
sale or disposition of firearms or ammunition. 
4 


1 
Provided, That laborersl workers of the above manufacturing company shall suffer the 
2 
penalty of prision correccional. 
3 
Provided, further, That the penalty 0 f reclusion perpetua shall be imposed if the vio lation 
4 
under this Section is committed by any member of the Armed Forces of the Philippines, the 
5 
Philippine National Police, or any government official whether elective or appointive, and the" 
6 
sale or disposition is made to any organized threat group andlor criminal syndicate. 
7 
8 
SEC. 8. Commission of Another Crime. - If any other crime punishable under the 
9 
Revised Penal Code and other special laws was committed by the person arrested, the violation 
10 
of this Act shall be considered a distinct and separate offense. 
11 
SEC. 9. Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of 
12 
Machinery, Tool or Instruments Used or Intended to be Used in the Manufacture of Firearms 
13 
or Ammunition. - (a) Any person who shall unlawfully manufacture, deal in, acquire, dispose or 
14 
possess machinery, tool or instruments used or intended to be used in the manufacture of 
15 
firearms or ammunition shall be liable for the penalty of reclusion temporal in its maximum 
16 
period. 
17 
(b) The penalty of reclusion perpetua shall be imposed if the violation hereunder is 
18 
committed by any member of the Armed Forces of the Philippines, the Philippine National 
19 
Police, or any government official, whether elective or appointive, and the sale or disposition is 
20 
made to any organized threat group andlor criminal syndicate. 
21 
(c)The possession of any machinery, tool or instrument used directly in the manufacture 
22 
of firearms or ammunition, by any person whose business or employment does not lawfully deal 
23 
with the manufacture of firearms or ammunition, shall be prima facie evidence that such article is 
24 
intended to be used in the unlawful! illegal manufacture of firearms or ammunition. 
25 
SEC. 10. Without Permit to Carry. - The penalty of prision mayor in its maximum 
26 
period shall be imposed upon any person who shall carry any licensed firearm outside of his 
27 
residence without any legal authority therefore. In addition, the offender shall be disqualified to 
28 
apply for firearm license within a period of six (6) months after service of sentence. 
29 
30 
SEC. 11. Coverage of the Term "Unlicensed Firearm". - The term "unlicensed 
31 
firearm" shall include: 
32 
(a) Firearms with expired license which has not been renewed for a period of six (6) 
33 
months from the date of expiration thereof; and 
34 
(b) Firearms which are not registered at the FED-PNP. 
35 
5 


1 
SEC. 12. Confiscation. - Every penalty imposed for the violation of this Act shall carry 
2 
with it the confiscation and forfeiture of the firearms, ammunition, machinery, tools or 
3 
instruments in favor of the government to be applied exclusively for the use of the PNP, subject 
4 
to the rules and regulations of the Philippine National Police regarding the mandatory prior 
5 
registration of the firearms with the FED-PNP. 
6 
7 
SEC. 13. Confiscated, Captured, Seized or Recovered Firearms, Ammunition, 
8 
Machinery, Tools or Instruments. - Firearms, ammunition, machinery, tools or instruments 
9 
which have been used in the commission of a crime or which have been otherwise confiscated, 
10 
captured, seized or recovered from crime andlor battle scenes, shall be deposited solely with the 
11 
Police Evidence Custodian of the Police Provincial Headquarters for Safekeeping. 
12 
During the pendency of the case, the firearms, ammunition, machinery, tools or 
13 
instruments shall not be disposed, alienated or transferred and the same shall be in custodia legis 
14 
and no bond shall be admitted for the release ofthe same. 
15 
Provided, however, That after the termination ofthe case andlor when they are no longer 
16 
necessary as evidence in court, the confiscated, captured, seized or recovered firearms or major 
17 
part thereof shall be turned over solely to the FED-PNP for registration, proper accounting and 
18 
disposition. 
19 
20 
SEC. 14. Liability of Evidence Custodians. - Notwithstanding the provision of the 
21 
Revised Penal Code on malversation of public funds or property, the penalty of prision mayor in 
22 
its medium period and fine of thirty thousand pesos (P30,OOO.OO) shall be imposed upon any 
23 
public officer or employee who misappropriates, misapplies or fails to account for confiscated or 
24 
seized firearms, ammunitions, machinery, tools or instruments. 
25 
26 
SEC. 15. Transfer of Firearms. - Any person may transfer possession of his licensed 
27 
frrearm to another person after accomplishing the necessary forms and undergoing the legal 
28 
processes prescribed by the FED-PNP. The penalty imposed under Section 6 of this Act shall 
29 
apply to any person who violates the provision of this section. 
30 
31 
SEC. 16. Tampering of Firearms' Serial Number. - The penalty of reclusion temporal 
32 
in its maximum period shall be imposed upon any person who shall unlawfully tamper, change, 
33 
deface or erase the serial number of any firearm. 
34 
The next higher penalty shall apply if the violation under this Section is committed by 
35 
any member of the Armed Forces of the Philippines, the Philippine National Police, or any 
36 
government employee or official whether elective or appointive 
37 
6 


• 
1 
SEC. 17. Unauthorized Issuance of Authority to Carry Firearm and/or Ammunition 
2 
Outside of Residence. - The penalty of prision mayor shall be imposed upon any person, civilian 
3 
or military, who shall issue authority to carry fIrearm andlor ammunition outside of residence, 
4 
without authority therefor. 
S 
6 
SEC. 18. Gun Smuggling or Gun Running. - The penalty of reclusion perpetua under 
7 
the Revised Penal Code shall be imposed upon any person found guilty of gun srimggling or gun 
8 
runnmg. 
9 
10 
SEC. 19. Lost Firearms and Ammunition. - Holders of licenses and permits under this 
11 
Act are required to report lost fIrearms or ammunition within forty-eight (48) hours from loss or 
12 
discovery of loss thereof to the FED-PNP. Holders of licenses or permits who willfully fail to 
13 
report lost fIrearms and ammunition shall suffer the penalty of prision correccional under the 
14 
Revised Penal Code. 
15 
16 
SEC. 20. Administrative Liability of Public Official. - In addition to the criminal 
17 
liabilities prescribed in this Act, the penalty of perpetual disqualification from any public office, 
18 
elective or appointive, or dishonorable discharge from the military or police service, as the case 
19 
may be and forfeiture of all retirement privileges and benefits, shall be imposed on the violator if 
20 
he or she is a public official, whether in civilian, military, police or law enforcement service. 
21 
22 
SEC. 21. Firearms in the Government Arsenal. - All firearms in the government arsenal 
23 
of the Armed Forces of the Philippines shall, without exemption, be registered with the FED-
24 
PNP. The penalty of reclusion perpetua shall be imposed if the violation under this Section is 
25 
committed by any member of the Armed Forces of the Philippines, the Philippine National 
26 
Police, or any government employee or official, whether elective or appointive. 
27 
28 
SEC. 22. Non-Applicability of the Probation Law. - Except for violation under Section 
29 
8, any person convicted by this Act, regardless of the penalty imposed by the court, cannot avail 
30 
ofthe privilege granted by the Probation Law or Presidential Decree No. 968, as amended. 
31 
32 
SEC. 23. When Committed By a Corporation, Agency, Association or Any Other 
33 
Entity. - If a corporation, agency, association or any other entity violates any penal provision of 
34 
this Act, the penalty shall be imposed upon the guilty officer or officers of such corporation, 
3S 
agency, association or any other entity. 
7 


• 
1 
ARTICLE III 
2 
FINAL PROVISIONS 
3 
4 
SEC. 24. Firearms and Ammunitions Database. - The PNP is hereby mandated to 
5 
create a "Firearms and Ammunitions Database" which shall also include ballistics records 0 f 
6 
all firearms in the possession of private individuals, legal entities and government agencies to 
7 
prevent these firearms from being used in crime or falling into the wrong hands. The sum 
8 
necessary for the initial setting up of the "Firearms and Ammunitions Database" is hereby 
9 
authorized to be appropriated from the National Treasury for use of the PNP. 
10 
11 
SEC. 25. Amnesty Provision. - Any person who possesses loose firearms may surrender 
12 
the same to the Philippine National Police for custody and apply for the corresponding license as 
13 
required by this Act within one (1) year from the effectivity of the same. Concerned holders of 
14 
said firearms may avail of this anmesty only within the period. Each firearm submitted for 
15 
licensing shall have its own distinct firearnl description. 
16 
17 
SEC. 26. Implementing Rules and Regulations. - The Department ofInterior and Local 
18 
Government shall, within thirty (30) days from the effectivity of this Act, jointly prescribe and 
19 
promulgate the rules and regulations for the uniform implementation of the provisions of this 
20 
Act. 
21 
SEC. 27. Repealing Clause. - The relevant portions of Presidential Decree No. 1866, as 
22 
amended by Republic Act No. 8294, and all laws, decrees, orders, rules, and regulations or other 
23 
issuances or parts thereof inconsistent with the provisions of this Act are hereby repealed or 
24 
modified accordingly. 
25 
26 
SEC. 28. Separability Clause. - If any portion or provision of this Act is declared 
27 
unconstitutional, the remainder of this Act or any provision of this Act is declared 
28 
unconstitutional, the remainder of this Act or any provisions not affected thereby shall remain in 
29 
force and in effect. 
30 
31 
SEC. 29. Effectivity Clause. - This Act shall take effect fifteen days following the 
32 
completion of its pUblication either in the Official Gazette or in at least two (2) newspapers of 
33 
general circulation. 
Approved, 
8