FOURTEENTH CONGRESS OF THE REPUBLIC) DRFICE UF ie. SECRETARY
OF THE PHILIPPINES
Third Regular Session }

~2 P6S1
SENATE 10 FEB ~2 2

COMMITTEE REPORT NO. 838 ECEVVED RY pe .

Submitted Jointly by the Committees on Public Order and Mlegal Drugs; Justice and Human Rights; and
National Defense and Security on

Re: S.No:__ 35.84, prepared by the Committees,

Recommending its approval in substitution of Senate Bill Nos. 48, 234, 278, 662, 666, 1684, 1724, 2044
and 3375, taking into consideration Senate Bill No. 655, 1231, 1752, 2045 and 2679,
Proposed Senate Resolution No. 221, and House Bill No. 6776.

ee
Sponsors: Senators Honasan, >" ~and Biazon

MR. PRESIDENT:

The Committees on Public Order and IMegal Drugs; Justice and Human Rights; and National
Defense and Security to which were referred Senate Bill No. 48, introduced by Senator Lacson, entitled:

“AN ACT
DEFINING THE CRIME OF FIREARMS SMUGGLING, PROVIDING
PENALTIES THEREFOR AND FOR OTHER PURPOSES”;

Senate Bill No. 234, introduced by Senator Biazon, entitled:

“AN ACT.
PENALIZING THE SELLING OF FIREARMS, AMMUNITION OR
EXPLOSIVES OR ANY PARTS OR COMPONENTS USED IN THE
MANUFACTURE OF FIREARMS, AMMUNITION OR EXPLOSIVES TO THE
ENEMIES OF THE STATE, IMPOSING PENALTIES THEREFOR AND FOR
OTHER PURPOSES”;

Senate Bill No. 278, introduced by Senator Pimentel Jr., entitled:

“AN ACT
TO REGULATE THE CARRYING OF FIREARMS, PROVIDE PENALTIES
FOR ITS VIOLATION AND FOR OTHER PURPOSES”;

Senate Bill No. 662, introduced by Senator Ejercito Estrada, entitled:

“AN ACT
IMPOSING STIFFER PENALTIES FOR GOVERNMENT OFFICIALS AND
EMPLOYEES AND OFFICERS AND MEMBERS OF POLICE AGENCIES AND
THE ARMED FORCES AND PENALIZING ‘PLANTING’? OF EVIDENCE,
INCORPORATING SECTION 7-A INTO 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”;

Senate Bill No. 666, introduced by Senator Ejercito Estrada, entitled:

“AN ACT
REGULATING THE SALE, DELIVERY OR DISPOSITION OF ANY KIND OF
FIREARM, AMMUNITION, OR EXPLOSIVES TO CERTAIN TYPES OF
PERSONS AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF”;

Senate Bill No. 1684, introduced by Senator Defensor Santiago, entitled:

“AN ACT
REGULATING THE SALE, DELIVERY OR DISPOSITION OF ANY KIND OF
FIREARM, AMMUNITION, OR EXPLOSIVES TO CERTAIN TYPES OF
PERSONS AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF”;

Senate Bill No. 1724, introduced by Senator Defensor Santiago, entitled:

“AN ACT
TO PROHIBIT CERTAIN FIREARMS ESPECIALLY USEFUL TO
TERRORISTS”;

Senate Bill No. 2044, introduced by Senator Villar, entitled:

“AN ACT
PROHIBITING NON-DETECTABLE FIREARMS, PROVIDING PENALTIES
‘THEREOF AND FOR OTHER PURPOSES”;

and Senate Bill No. 3375, introduced by Senator Trillanes IV, entitled:

“AN ACT

AMENDING THE PROVISIONS OF PRESIDENTIAL DECREE NO. 1866,
ENTITLED ‘CODIFYING THE LAWS ON _ ILLEGAL/UNLAWFUL
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 NOS. 8294 AND 9516’”;

taking into consideration Senate Bill No, 655, introduced by Senator Ejercito Estrada, entitled:

“AN ACT
PROHIBITING THE MANUFACTURE AND SALE OF IMITATION
FIREARMS”;

Senate Bill No. 1231, introduced by Senator Gordon, entitled:

“AN ACT
REGULATING THE POSSESSION, LICENSING, MANUFACTURE AND SALE
OF FIREARMS AND AMMUNITION THROUGH THE CREATION OF
FIREARMS REGULATORY BOARD, IMPOSING TAXES AND FEES
THEREON, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF”;

Senate Bill No. 1752, introduced by Senator Defensor Santiago, entitled:

“AN ACT
PROHIBITING THE MANUFACTURE AND SALES OF IMITATION
FIREARMS”;


Senate Bill No. 2045, introduced by Senator Villar, entitled:

“AN ACT
REGULATING THE MANUFACTURE AND SALE OF GUN REPLICAS
PROVIDING PENALTIES THEREOF AND FOR OTHER PURPOSES”;

Senate Bill No. 2679, introduced by Senator Defensor Santiago, entitled:
“AN ACT
TO REQUIRE THE CONSUMER PRODUCT SAFETY COMMISSION TO
PRESRIBE RULES REQUIRING DISTINCTIVE MARKINGS ON TOY AND
LOOK-ALIKE FIREARMS”;

Proposed Senate Resolution No. 221, introduced by Senator Villar, entitled:

“RESOLUTION,

URGING THE SENATE COMMITTEES ON PUBLIC ORDER AND ILLEGAL
DRUGS; AND TRADE AND COMMERCE TO CONDUCT AN INQUIRY, IN AID
OF LEGISLATION, ON THE PROLIFERATION OF ALMOST REAL-LIFE
TOY GUNS, SUBSTANDARD PRODUCTS AND OTHER SUBSTANTIALLY
IMMINENT INJURIOUS GOODS THAT ENDANGER THE LIVES AND
SECURITY OF PEOPLE WITH THE END-IN-VIEW OF TIGHTENING THE
IMPLEMENTATION OF RELEVANT LAWS AND FORMULATING
REMEDIAL MEASURES NEEDED TO ADDRESS THE SAME”;

and House Bill No. 6776, introduced by Representatives Antonino, Romualdo, Cuenco, Codilla, Del
Mar, Lazatin, Bagatsing, Ablan, Cua (J.), Fuentebella, Pancrudo, Teodoro, Villarosa, Duefias and San
Luis, entitled:
“AN ACT
PROVIDING FOR STIFFER PENALTIES FOR CRIMES RELATING TO
FIREARMS AND LIGHT WEAPONS, FURTHER AMENDING FOR THE
PURPOSE 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”;

have considered the same and have the honor to report them back to the Senate with the
recommendation that the attached bill, Senate Bill No,__ 8984 , prepared jointly by the Committees,

entitled:
“AN ACT
PROVIDING FOR STIFFER PENALTIES FOR CRIMES RELATING TO
FIREARMS AND LIGHT WEAPONS, FURTHER AMENDING FOR THE
PURPOSE PRESIDENTIAL DECREE NO. 1866, AS AMENDED BY REPUBLIC
ACT NO. 8294, AND FOR RELEVANT PURPOSES”;
be approved in substitution of Senate Bill Nos. 48, 234, 278, 662, 666, 1684, 1724, 2044 and 3375,
taking into consideration Senate Bill No. 655, 1231, 1752, 2045 and 2679, Proposed Senate Resolution
No. 221, and House Bill No. 6776, with Senators Lacson, Biazon, Pimentel Jr., Ejercito Estrada,

Defensor Santiago, Villar, Trillanes IV, Gordost’Honasan "~ —_i *93 authors.


Respectfully submitted,

G ;ORIO B. HONASAN I
Committge on Public Order and Illegal Drugs
Member, Gommittee on Justice and Human Rights
Member, Committee on National Defense and Security

FRANCIS “CHIZ” G. ESCUDERO )DOLFO GYBIAZON

Committee on Justice and Human Rights ‘Committee on National Defense and Security

Member, Committee on National Defense and Security Member, Committee on Public Order and Illegal Drugs
Member, Committee on Justice and Human Rights

Vice Chairpersons

hdl
SOAS 17.

BENIGNO S. AQUINO III
Committee on Justice and Human Rights
Member, Committee on National Defense and Securi

RD J. GORDON
Committee on National Defense and Security
Member, Committee on Public Order and Illegal Drugs

Members:

het EL “LITO” M. LAPID a; PANFILO M. LACSON

‘Committee on Public Order and Iffegal Drugs ‘Committee on Public Order and Illegal Drugs
‘Committee on National Defense and Security Committee on National Defense and Security


M.A. MADRIGAI

ING” REVILLA JR.
Public Order and Illegal Drugs
Zommittec on Justice and Human Rights
Comnfittee on National Defense and Security ‘Committee on National Defense and Security

ty boned.

ALAN PETER “COMPANERO” S. CAYETANO — FRANC! "ANGILINAN

‘Committee on Public Order and Illegal Drugs Committee on Public Order and Illegal Drugs
Committee on Justice and Human Rights Committee on Justice and Human Rights
Committee on National Defense and Security Committee on National Defense and Security

We) ot / fr,

EDGARDO J. ANGARA

and Human Rights Committee on National Defense and Security

Committee on National Defense and Security
ik
[AM loa Sakae aig SAI Sif [AGO ORE] IN

Committee on National Defense aid Security Committee on National Defense and Security
JOKER P, ARROYO “COMPANERA” PIA S. CAYETANO
Committee on National Defense and Security Committee on National Defense and Security

MANNY VILLAR
Committee on National Dpfense and Security


OY EJERCITO ESTRADA.
resident Pro-Tempore

ILINO Q. PIMENTEL, JR.
inority Leader

Hon. JUAN PONCE ENRILE
President

Senate of the Philippines

Pasay City


CPORETARY

FOURTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES —_)
Third Regular Session )

SENATE

S.No. 3584

(In substitution of S. Nos. 48, 234, 278, 662, 666, 1684, 1724, 2044 and 3375, taking
into consideration S. No. 655, 1231, 1752, 2045 and 2679, P.S.R. No. 221, and H.
No. 6776)

Prepared by the Committees on Public Order and Illegal Drugs; Justice and Human
Rights; and National Defense and Security with Senators Lacson, Biazon, Pimentel
Jr., Ejercito Estrada, Defensor Santiago, Villar, Trillanes |V, Gordon and Honasan as
authors

AN ACT
PROVIDING FOR STIFFER PENALTIES FOR CRIMES RELATING TO FIREARMS
AND LIGHT WEAPONS, FURTHER AMENDING FOR THE PURPOSE
PRESIDENTIAL DECREE NO. 1866, AS AMENDED BY REPUBLIC ACT NO.
8294, AND FOR RELEVANT PURPOSES"

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

Section 1. Section 1 of Presidential Decree No. 1866, as amended by
Republic Act No. 8294, is hereby further amended to read as follows:

“Section 1. Unlawful (Manufacture, Sale,] Acquisition[,
Disposition] or Possession of Firearms, LIGHT WEAPONS or
Ammunition [or Instruments Used or Intended to be Used in the
Manufacture of Firearms or Ammunition]. - The penalty of [prision
correccional] PRISION MAYOR in its [maximum] MEDIUM period [and
a fine of not less than Fifteen thousand pesos (P15,000)] shall be
imposed upon any person who shall unlawfully [manufacture, deal in,]
acquire, dispose,] or possess any [low powered] firearmf, such as
rimfire handgun, .380 or .32 and other firearm of similar firepower, part
of firearm, ammunition, or machinery, tool or instrument used or
intended to be used in the manufacture of any firearm or ammunition:
Provided, That no other crime was committed]. THE TERM
‘FIREARM’ REFERS TO ANY HANDHELD OR PORTABLE
WEAPON FROM WHICH ANY BULLET, BALL SHOT OR MISSILE
OR OTHER DEADLY PROJECTILE MAY BE DISCHARGED BY


MEANS OF EXPLOSION OR PERCUSSION OR ANY INSTRUMENT
OR IMPLEMENT WHICH HAS BEEN CONVERTED TO BE
CAPABLE OF DOING THE SAME. THE TERM INCLUDES, AMONG
OTHERS, REVOLVERS AND SELF-LOADING PISTOLS, RIFLES
AND CARBINES NOT EXCEEDING CALIBER 7.62 MM WHICH DO
NOT HAVE FULLY AUTOMATIC MODE.

“THE PENALTY OF PRISION MAYOR IN ITS MAXIMUM
PERIOD SHALL BE IMPOSED IF THREE (3) OR MORE FIREARMS.
ARE UNLAWFULLY ACQUIRED OR POSSESSED BY ANY
PERSON.

“THE PENALTY OF PRISION MAYOR IN ITS MAXIMUM
PERIOD SHALL BE IMPOSED UPON ANY PERSON WHO SHALL
UNLAWFULLY ACQUIRE OR POSSESS A LIGHT WEAPON. THE
TERM ‘LIGHT WEAPON’ REFERS TO A WEAPON DESIGNED FOR
USE BY TWO (2) OR MORE PERSONS SERVING AS A CREW,
SELF-LOADING PISTOLS, RIFLES AND CARBINES, SUB-
MACHINE GUNS, ASSAULT RIFLES AND LIGHT MACHINE GUNS
NOT EXCEEDING CALIBER 7.62 MM WHICH HAVE FULLY
AUTOMATIC MODE, OR RIFLES AND MACHINE GUNS
EXCEEDING CALIBER 7.62 MM. THE TERM INCLUDES, AMONG
OTHERS, 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 100 MM. A LIGHT WEAPON SHALL BE
LAWFULLY ACQUIRED OR POSSESSED EXCLUSIVELY BY THE
ARMED FORCES OF THE PHILIPPINES (AFP) OR THE PHILIPPINE
NATIONALPOLICE (PNP) AND OTHER AUTHORIZED LAW
ENFORCEMENT AGENCIES: PROVIDED, THAT PRIVATE
INDIVIDUALS WHO ALREADY HAVE LICENSES TO POSSESS
LIGHT WEAPONS UPON EFFECTIVITY OF THIS ACT SHALL NOT
BE DEPRIVED OF THE PRIVILEGE TO CONTINUE POSSESSING
THE SAME AND RENEWING LICENSES THEREFOR BASED ON
THE SOLE GROUND THAT THESE LICENSES ARE FOR LIGHT
WEAPONS.


“IF THE EVIDENCE, WHETHER TESTIMONIAL,
DOCUMENTARY OR OBJECT, SHOULD PROVE THAT AN
UNLICENSED FIREARM OR LIGHT WEAPON JS IN THE
POSSESSION OF TWO (2) OR MORE PERSONS WITH ANIMUS
POSSIDENDI OR INTENT TO POSSESS THE FIREARM OR LIGHT
WEAPON, EACH OF THEM SHALL SUFFER THE APPLICABLE
PENALTY PROVIDED IN THE PRECEDING PARAGRAPHS.

“The penalty of prision mayor in its minimum period [and a fine
of Thirty thousand pesos (P30,000)] shall be imposed [if the firearm is
classified as high powered firearm which includes those with bores
bigger in diameter than .38 caliber and .9 millimeter such as caliber
40, .41, .44, .45 and also lesser calibered firearms but considered
powerful such as caliber .357 and caliber .22 center-fire magnum and
other firearms with firing capability of full automatic and by burst of two
or three: Provided, however, That no other crime was committed by the
person arrested.] UPON ANY PERSON WHO SHALL UNLAWFULLY
ACQUIRE OR POSSESS AMMUNITION FOR FIREARMS OR LIGHT
WEAPONS. THE TERM ‘AMMUNITION’ REFERS TO LOADED
SHELLS FOR RIFLES, MUSKETS, CARBINES, SHOTGUNS,
REVOLVERS, PISTOLS AND OTHER FIREARMS OR LIGHT
WEAPONS: PROVIDED, THAT IF A VIOLATION OF THIS
PARAGRAPH IS COMMITTED ON THE OCCASSION OF THE
UNLAWFUL AQUISITION OR POSSESSION OF A FIREARM OR
LIGHT WEAPON BY THE SAME PERSON, THE VIOLATION OF
THIS PARAGRAPH SHALL BE ABSORBED BY THE UNLAWFUL
AQUISITION OR POSSESSION OF A FIREARM OR LIGHT
WEAPON.

“THE PENALTY OF PRISION MAYOR IN ITS MINIMUM
PERIOD SHALL BE IMPOSED UPON ANY PERSON WHO SHALL
UNLAWFULLY ACQUIRE OR POSSESS A MAJOR PART OR
COMPONENT OF A FIREARM OR LIGHT WEAPON. THE MAJOR
PARTS OR COMPONENTS OF A FIREARM OR LIGHT WEAPON
ARE THE BARREL, THE SLIDE, THE CYLINDER, AND THE FRAME
OR RECEIVER.

“[If homicide or murder is committed with] [t]The use of an
unlicensed firearm[, such use of an unlicensed firearm] OR LIGHT
WEAPON IN THE COMMISSION OF A CRIME PUNISHABLE BY


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THE REVISED PENAL CODE OR OTHER SPECIAL LAWS shall be
considered as an aggravating circumstance[.]: PROVIDED, IF THE
CRIME COMMITTED WITH THE USE OF AN UNLICENSED
FIREARM OR LIGHT WEAPON IS PENALIZED BY THE LAW WITH
A MAXIMUM PENALTY WHICH IS LOWER THAN THAT
PRESCRIBED IN THIS SECTION FOR ILLEGAL POSSESSION OF
FIREARM OR LIGHT WEAPON, THE PENALTY FOR ILLEGAL
POSSESSION OF FIREARM OR LIGHT WEAPON SHALL BE
IMPOSED: PROVIDED, FURTHER, IF THE CRIME COMMITTED
WITH THE USE OF AN UNLICENSED FIREARM OR LIGHT
WEAPON IS PENALIZED BY THE LAW WITH A MAXIMUM
PENALTY WHICH IS EQUAL TO THAT IMPOSED UNDER THIS
SECTION FOR ILLEGAL POSSESSION OF FIREARM OR LIGHT
WEAPON, THE PENALTY OF PRISION MAYOR IN ITS MINIMUM
PERIOD SHALL BE IMPOSED IN ADDITION TO THE PENALTY
FOR THE CRIME OF WHICH HE/SHE IS FOUND GUILTY.

“IF ANY OTHER CRIME PUNISHABLE BY THE REVISED
PENAL CODE OR OTHER SPECIAL LAW WAS COMMITTED BY
THE PERSON ARRESTED WITHOUT USING THE FIREARM OR
LIGHT WEAPON, THE VIOLATION OF THIS ACT SHALL BE
CONSIDERED AS A DISTINCT AND SEPARATE OFFENSE.

“If the violation of this [Section] ACT is in furtherance of, or
incident to, or in connection with the crime of rebellion or insurrection,
{sedition,] or attempted coup d’ etat, such violation shall be absorbed
as an element of the crime of rebellion, or insurrection, [sedition] or
attempted coup d’ etat.

“The [same] penalty OF PRISION MAYOR IN ITS MINIMUM
PERIOD 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 OR
AMMUNITION owned by such firm, company, corporation or entity to
be used by any person or persons found guilty of violating the
provisions of the preceding paragraphs, or willfully or knowingly allow
any of them to use unlicensed firearms or firearms without any legal
authority to be carried outside of their residence in the course of their
employment.


“The penalty of [arresto mayor] PRISION CORRECCIONAL
AND FINE OF TWENTY THOUSAND PESOS (P20,000) shall be
imposed upon any person WHO IS LICENSED TO OWN A FIREARM
BUT who shall carry [any licensed firearm] THE SAME outside his
residence without legal authority therefor.”

Sec. 2. Section 2 of Presidential Decree No. 1866 is hereby amended to read
as follows:

"Section 2. [Presumption of Illegal] UNLAWFUL Manufacture,
SALE OR DISPOSITION of Firearms, LIGHT WEAPONS, [or]
Ammunition, OR PART/S THEREOF, MACHINERY, TOOLS OR
INSTRUMENTS USED OR INTENDED TO BE USED IN THE
MANUFACTURE OF FIREARMS, LIGHT WEAPONS, AMMUNITION,
OR PART/S THEREOF. —- THE PENALTY OF RECLUSION
TEMPORAL SHALL BE IMPOSED UPON ANY PERSON WHO
SHALL UNLAWFULLY ENGAGE IN THE MANUFACTURE, SALE
OR DISPOSITION OF FIREARMS, LIGHT WEAPONS,
AMMUNITION, OR PART/S THEREOF, OR COMPONENTS OR
PART/S OF FIREARMS, LIGHT WEAPONS OR AMMUNITION.

“THE PENALTY OF PRISION MAYOR IN ITS MINIMUM
PERIOD TO PRISION MAYOR IN ITS MEDIUM PERIOD SHALL BE
IMPOSED UPON SUCH LABORER, WORKER OR EMPLOYEE OF A
LICENSED FIREARMS MANUFACTURING COMPANY OR
LICENSED FIREARMS DEALER WHO SHALL UNLAWFULLY
TAKE, SELL OR OTHERWISE DISPOSE OF PARTS OF FIREARMS,
LIGHT WEAPONS, OR AMMUNITION WHICH THE COMPANY
MANUFACTURES AND SELLS, AND OTHER MATERIALS USED
BY THE COMPANY IN THE MANUFACTURE OR SALE OF
FIREARMS, LIGHT WEAPONS, OR AMMUNITION. THE BUYER OR
THE POSSESSOR OF SUCH STOLEN PARTS OR MATERIALS
SHALL SUFFER THE SAME PENALTY AS THE LABORER,
WORKER OR EMPLOYEE.

“THE PENALTY OF PRISION MAYOR SHALL BE IMPOSED
UPON ANY PERSON WHO = SHALL UNLAWFULLY
MANUFACTURE, DEAL IN, ACQUIRE, DISPOSE OF OR POSSESS
ANY MACHINERY, TOOL OR INSTRUMENT USED OR INTENDED
TO BE USED BY THAT SAME PERSON IN THE MANUFACTURE


OF FIREARMS, LIGHT WEAPONS, AMMUNITION, OR PART/S
THEREOF.

“IF THE VIOLATION OR OFFENSE IS COMMITTED BY A
CORPORATION, PARTNERSHIP, ASSOCIATION OR OTHER
JURIDICAL ENTITIES, 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 MENTIONED.

“The possession of any machinery, tool or instrument used
directly in the manufacture of firearms, LIGHT WEAPONS, [or]
ammunition, OR PART/S THEREOF by any person whose business,
for] employment OR ACTIVITY does not lawfully deal with the
[manufacture of firearms or ammunition,] POSSESSION OF SUCH
ARTICLE shall be prima facie evidence that such article is intended to
be used in the unlawfulillegal manufacture of firearms, LIGHT
WEAPONS, [or] ammunition, OR PART/S THEREOF.”

Sec. 3. Section 5 of Presidential Decree No. 1866, as amended by Republic
Act No. 8294, is hereby further amended to read as follows:

"Section 5. Tampering of Firearm{'|s [Serial Number]. - ANY
MODIFICATION MADE ON A FIREARM THAT SHALL ALTER ITS
IDENTITY, INFORMATION OR BALLISTIC CHARACTERISTIC
SHALL REQUIRE THE ISSUANCE OF A NEW LICENSE. The
penalty of [prision correccional] PRISION MAYOR IN ITS MAXIMUM
PERIOD shall be imposed upon any person who shall unlawfully
tamper[,] WITH, change, deface or erase the serial number, OR
MODIFY THE IDENTITY, INFORMATION OR BALLISTIC
CHARACTERISTIC of any firearm.”

Sec. 4. Insert a new Section 5-A, 5-B, 5-C, 5-D, 5-E, 5-F, 5-G and 5-H in
Presidential Decree No. 1866, as amended, to read as follows:

“SECTION 5-A. REGISTRATION OF AIR, GAS OR SPRING
OPERATED PISTOLS OR RIFLES. - AIR, GAS OR SPRING
OPERATED PISTOLS OR RIFLES WHICH CAN EXPEL A
PROJECTILE AT A SPEED OF AT LEAST ONE HUNDRED FIFTY
(150) FEET PER SECOND SHALL BE REGISTERED WITH THE
FIREARMS AND EXPLOSIVES DIVISION OF THE PNP WITHIN SIX
(6) MONTHS FROM THE EFFECTIVITY OF THIS ACT, OR WITHIN


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THREE (3) MONTHS FROM THE DATE OF ITS IMPORTATION,
MANUFACTURE OR SALE, WHICHEVER COMES LATER.
FAILURE TO REGISTER OF THE SAME WITHIN THE REQUIRED
PERIOD SHALL BE PENALIZED BY THE SEIZURE, FORFEITURE
AND CONFISCATION OF THE PISTOLS OR RIFLES IN FAVOR OF
THE GOVERNMENT.”

“SECTION 5-B. USE OF AN IMITATION FIREARM OR LIGHT
WEAPON. - AN IMITATION FIREARM OR LIGHT WEAPON WHICH
IS USED IN THE COMMISSION OF A CRIME SHALL BE
CONSIDERED AS A REAL FIREARM OR LIGHT WEAPON AND
THE PERSON WHO COMMITTED THE CRIME SHALL BE
PUNISHED ACCORDING TO SECTION 1 OF THIS ACT. THE TERM
‘IMITATION FIREARM’ REFERS TO ANY AIR, GAS OR SPRING
OPERATED GUN, TOY GUN, REPLICA OF A FIREARM OR LIGHT
WEAPON, OR OTHER DEVICE THAT IS SO SUBSTANTIALLY
SIMILAR IN COLORATION AND OVERALL APPEARANCE TO AN
EXISTING FIREARM OR LIGHT WEAPON AS TO LEAD A
REASONALBE PERSON TO BELIEVE THAT SUCH IMITATION
FIREARM OR LIGHT WEAPON IS A REAL FIREARM OR LIGHT
WEAPON.”

“SECTION 5-C. FIREARMS, LIGHT WEAPONS OR
AMMUNITION IN CUSTODIA LEGIS, — DURING THE PENDENCY
OF THE CASE, SEIZED FIREARMS, LIGHT WEAPONS,
AMMUNITION, OR PART/S THEREOF, MACHINERY, TOOLS OR
INSTRUMENTS SHALL NOT BE DISPOSED OF, ALIENATED OR
TRANSFERRED BUT SHALL BE IN THE CUSTODY OF THE
COURT OR IN CUSTODIA LEGIS: PROVIDED, THAT IF THE
COURT DECIDES THAT IT HAS NO ADEQUATE MEANS TO
SAFELY KEEP THE SAME, THE COURT SHALL AUTHORIZE THE
PNP TO HOLD SUCH FIREARMS, LIGHT WEAPONS,
AMMUNITION, OR PART/S THEREOF, MACHINERY, TOOLS OR
INSTRUMENTS FOR SAFEKEEPING DURING THE PENDENCY OF
THE CASE AND TO DELIVER THE SAME TO THE COURT WHEN
SO ORDERED: PROVIDED, FURTHER, THAT NO BOND SHALL BE
ADMITTED FOR THE RELEASE OF THE SAME: PROVIDED,
FINALLY, THAT ANY VIOLATION HEREOF SHALL BE


PUNISHABLE BY PRISION MAYOR IN ITS MINIMUM PERIOD TO
PRISION MAYOR IN ITS MEDIUM PERIOD.”

“SECTION 5-D. CONFISCATION AND FORFEITURE. -—
EVERY PENALTY IMPOSED FOR VIOLATION OF THE
PROVISIONS OF THIS ACT SHALL CARRY WITH IT THE
ACCESSORY PENALTY OF CONFISCATION AND FORFEITURE
OF THE FIREARMS, LIGHT WEAPONS, AMMUNITION, OR PART/S
THEREOF, MACHINERY, TOOLS OR INSTRUMENTS IN FAVOR OF
THE GOVERNMENT.”

“SECTION 5-E. LIABILITY FOR PLANTING OF EVIDENCE
CONCERNING FIREARMS, LIGHT WEAPONS, AMMUNITION, OR
PART/S THEREOF. — THE PENALTY OF PRISION MAYOR IN ITS
MAXIMUM PERIOD SHALL BE IMPOSED UPON ANY PERSON
WHO SHALL WILLFULLY AND MALICIOUSLY INSERT, PLACE,
ADD OR ATTACH, DIRECTLY OR INDIRECTLY, THROUGH ANY
OVERT OR COVERT ACT, ANY FIREARM, LIGHT WEAPON,
AMMUNITION, OR PART/S THEREOF IN THE PERSON, HOUSE,
EFFECTS OR IN THE IMMEDIATE VICINITY OF AN INNOCENT
INDIVIDUAL FOR THE PURPOSE OF IMPLICATING OR
INCRIMINATING HIM/HER OR IMPUTING THE COMMISSION OF
ANY VIOLATION OF THE PROVISIONS OF THIS ACT TO SAID
INDIVIDUAL: PROVIDED, THAT IF THE PERSON FOUND GUILTY
HEREIN IS A PUBLIC OFFICER OR EMPLOYEE, HE/SHE SHALL
SUFFER THE PENALTY OF RECLUSION TEMPORAL.”

“SECTION 5-F, ILLEGAL TRANSFER OF FIREARMS. — IT
SHALL BE UNLAWFUL FOR ANY PERSON TO TRANSFER THE
POSSESSION OF ANY FIREARM OR AMMUNITION OR ANY PART
OF A FIREARM TO ANOTHER PERSON WHO HAS NOT YET
OBTAINED OR SECURED THE NECESSARY LICENSE OR PERMIT
THEREOF.

“THE PENALTY OF PRISION CORRECCIONAL SHALL BE
IMPOSED UPON ANY PERON WHO SHALL VIOLATE THE
PROVISION OF THE PRECEDING PARAGRAPH. IN ADDITION, HE
SHALL BE DISQUALIFIED TO APPLY FOR A LICENSE TO
POSSESS OTHER FIREARMS AND ALL HIS EXISTING FIREARMS
LICENSES, WHETHER FOR PURPOSES OF COMMERCE OR
POSSESSION, SHALL BE REVOKED.


“ANY PUBLIC OFFICER OR PERSONNEL WHO SHALL
REGISTER A FIREARM, KNOWING THAT IT IS STOLEN, SHALL
SUFFER THE PENALTY OF PRISION CORRECCIONAL.”

“SECTION 5-G. ISSUANCE, REVOCATION, CANCELLATION
AND SUSPENSION OF LICENSE OR PERMIT. - EVERY FIREARM
HAS TO BE REGISTERED WITH THE FIREARMS AND
EXPLOSIVES DIVISION OF THE PNP TO BE CONSIDERED
LICENSED. THE PNP CHIEF OR HIS AUTHORIZED
REPRESENTATIVE SHALL ISSUE LICENSES OR OTHER PERMITS
TO ANY QUALIFIED NATURAL OR JURIDICAL PERSON WHO
SHALL ACQUIRE, POSSESS, DEAL IN, SELL OR DISPOSE
FIREARMS, LIGHT WEAPONS, AMMUNITION, OR PART/S
THEREOF. HE MAY ISSUE A PERMIT TO CARRY A FIREARM
OUTSIDE OF RESIDENCE TO ANY QUALIFIED PERSON IN
MERITORIOUS CASES AS MAY BE DETERMINED BY HIM AND
THE IMPLEMENTING RULES AND REGULATIONS TO BE
PROMULGATED.

“LIKEWISE, ANY PERSON WHO SHALL MANUFACTURE
OR REPAIR FIREARMS, LIGHT WEAPONS, AMMUNITION, OR
PART/S THEREOF, MACHINERY, TOOLS OR INSTRUMENTS
INTENDED TO BE USED IN THE MANUFACTURE OF FIREARMS,
LIGHT WEAPONS, AMMUNITION, OR PART/S THEREOF SHALL
FIRST SECURE A LICENSE FROM THE PNP CHIEF.

“FIREARMS WITH EXPIRED LICENSES WHICH HAVE NOT
BEEN RENEWED WITHIN A PERIOD OF SIX (6) MONTHS FROM
THE DATE OF EXPIRATION THEREOF SHALL BE
SURRENDERED, CONFISCATED OR FORFEITED IN FAVOR OF
THE GOVERNMENT AFTER DUE PROCESS. ALL OTHER
EXISTING FIREARMS LICENSES OF SUCH HOLDER OF AN
UNRENEWED LICENSE SHALL BE SUBSEQUENTLY REVOKED
AND SUBJECT FIREARMS SHALL LIKEWISE BE SURRENDERED,
CONFISCATED OR FORFEITED IN FAVOR OF THE
GOVERNMENT: PROVIDED, THAT AN OMISSION TO RENEW THE
SAME LICENSE WITHIN A PERIOD OF SIX (6) MONTHS FROM
THE DATE OF EXPIRATION ON TWO OCCASIONS SHALL CAUSE
THE HOLDER OF THE FIREARM TO BE PERPETUALLY
DISQUALIFIED FROM APPLYING FOR ANY FIREARM LICENSE.”


“SECTION 5-H. GROUNDS FOR REVOCATION,
CANCELLATION OR SUSPENSION OF LICENSE OR PERMIT. —

THE PNP CHIEF OR HIS AUTHORIZED REPRESENTATIVE MAY

REVOKE, CANCEL OR SUSPEND A LICENSE OR PERMIT ON THE

FOLLOWING GROUNDS:

“(A) COMMISSION OF A CRIME INVOLVING A FIREARM
WHICH IS PUNISHABLE BY THE REVISED PENAL CODE AND
SPECIAL LAWS;

“(B) CONVICTION BY A COMPETENT COURT OF A CRIME
INVOLVING MORAL TURPITUDE OR ANY OFFENSE WHERE THE
PENALTY CARRIES AN IMPRISONMENT OF MORE THAN SIX (6)
MONTHS OR A FINE OF AT LEAST ONE THOUSAND PESOS
(P1,000);

“(C) LOSS OF FIREARM THROUGH NEGLIGENCE;

“(D) CARRYING OF FIREARM IN PROHIBITED PLACES;

“(E) CARRYING OF FIREARM OUTSIDE RESIDENCE OR
WORKPLACE WITHOUT A PERMIT TO CARRY A FIREARM;

“(F) UNAUTHORIZED LOAN OF FIREARM TO ANOTHER
PERSON;

“(G) DISMISSAL FOR CAUSE FROM THE SERVICE, IN
CASE OF GOVERNMENT OFFICIALS/EMPLOYEES;

“(H) COMMISSION OF ANY OF THE ACTS PENALIZED
UNDER REPUBLIC ACT NO. 9165, OTHERWISE KNOWN AS THE
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002;

“(l) SUBMISSION OF FALSIFIED DOCUMENTS OR
MISREPRESENTATION IN THE APPLICATION TO OBTAIN A
LICENSE OR PERMIT; AND

“(J) SUCH OTHER GROUNDS WHICH MAY LATER BE
SPECIFIED BY THE PNP CHIEF.”

Sec. 5. Rules and Regulations. ~ The PNP shall issue within ninety (90) days
after the approval of this Act, the necessary rules and regulations relating to the
administrative aspect of the provisions of this Act.

Sec. 6. Separability Clause. — If, for any reason, any section or provision of
this Act is declared to be unconstitutional or invalid, the other sections or provisions
hereof which are not affected thereby shall continue to be in full force and effect.


Sec. 7. Repealing Clause. — All laws, decrees, orders, rules and regulations,
and other issuances or parts thereof which are inconsistent with the provisions of
this Act are hereby repealed, amended or modified accordingly.
Sec. 6. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) newspapers of general circulation.
Approved,