FOURTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHDLIPPINES ) 
Third Regular Session 
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SENATE 
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 of loose 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 LJN Office of Drugs and Crime, the 
Philippine ranked 10“ 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, firearms 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 No. 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 sought 
+T+- 
T NIO “SONNY” F. TRILLANES IV 
I 
Senator 
Philippine National Police chief Director General Jesus Verzosa. Powerpoint Presentation during the National Summit of 
Firearms Control. Philippine National Police, Camp Crame, Qnezon City. May 18-19,2009. 
Jennifer Santiago Oreta. Philippine Action Network on Small Anns (PhitANSA), Dept. of Political Science, Ateneo de Manila 
Universily. Powerpoint Presentation diving the National Summit of Firearms Control. Philippine National Police, Camp Crane, 
Quezon City. May 18-19,2009. 
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FOURTEENTH CONGRESS OF THE ) 
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REPUBLIC OF THE PHILIPPINES ) 
Third Regular Session 
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9 AUG 11 A9:23 
SENATE 
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Introduced by Senator Antonio “Sonny” F. Trillanes N 
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AN ACT 
AMENDING THE PROVISIONS OF PRESIDENTIAL DECREE NO. 1866, ENTITLED 
“CODIFYING 
THE 
LAWS 
ON 
ILLEGALKJNLAWFUL 
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 ?OS. 8294 AND 9516 
Be it enacted by the Senate and House of Representatives of the Republic of the Philippines in 
Congress assembled: 
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SECTION 1. Short Title. - This act shall be known as the “Gun Control Act of 2009.” 
SEC. 2. Declaration of Policy. - Pursuant to the Constitutional declaration that the 
primordial duty to maintain peace and order, protect life, liberty and property, and promote 
general welfare rests in the state, it is hereby declared the policy of the State to regulate the 
privilege of manufacturing, possessing, and selling of firearms. 
SEC. 3. Definition of Term. -As used in this Act, the term - 
a. “Firearm ” includes rifles, muskets, carbines, shotguns, revolvers, pistols and all other 
deadly weapons from which a bullet, ball, shot, shall or other missile may be discharged 
by means of gunpowder or other explosives. It shall also include air rifles and air pistols 
not classified as toys; 
b. 
‘‘Ammunition” includes 
1. any article consisting of a cartridge case fitted with a primer and containing a 
propelling charge and a projectile; or 
2. blank cartridges, airgun pellets, training cartridges or gas cartridges; or 
3. any other article prescribed for this definition 
c. “Possession“, in relation to a firearm, includes any case in which a person howingly- 
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1. has custody of the firearm; or 
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d. “Person” refers to either natural or juridical person; 
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a firearm; 
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a 
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2. has the firearm in the custody of another person. 
e. ‘Ifirearmpart“ includes a barrel, breech, pistol slide, frame, cylinder, trigger mechanism, 
operating mechanism or magazine designed as, or reasonably capable of forming, part of 
f. “Gun smuggling” refers to the’ importation into, and exportation out of, the country 
through the airports, seaports or coastlines, of firearms of any make or caliber, or 
ammunition of any quantity without lawful authority, including the evasion of customs, 
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taxes and duties thereon; 
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authority; 
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h. “Loose firearm” refers to any firearm which has not been registered by the Firearms and 
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Explosives Division (FED) of the Philippine National Police Civil Security Group 
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(hereinafter referred to as FED-PNP); 
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“Organized threat groups” inlcude such groups that have commenced acts of hostility 
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with the duly constituted authorities of the state by violating the laws particularly 
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affcting the people, territory, sovereignty and government; 
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“Criminal syndicates” include such elements as organized crime groups, criminal gangs 
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and wanted persons. 
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ARTICLE II 
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PENAL PROVISIONS 
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pesos (l?40,000.00). 
g. “Gun Running” refers to the transport within the country of firearms of more than five 
(5) pieces or ammunition of more than one hundred (100) rounds without lawful 
i. 
j. 
SEC. 4. Unlawful Acquisition or Possession of Firearms or Amnition. - Any 
person who shall unlawfully acquire or possess any firearm shall be imposed with the 
penalty of prision mayor in its minimum period and a fine of not less than forty thousand 
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Provided however, That if there are five (5) or more firearms, the penalty to be 
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51-100 
101 and over 
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Prision Correccional (minimum) 
P30,OOO.OO 
Prision Correccional (medium) 
P50,OOO.OO 
Prision Correccional (maximum) 
P80,000.00 
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imposed shall be reclusion temporal in its minimum period and a fine of not less than one 
hundred thousand pesos (P100,OOO). 
In case of unlawful possession or acquisition of ammunition, the penalty of 
imprisonment and fine shall be based on the quantity of ammunition indicated hereunder: 
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The same penalty 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 finn, 
company, corporation, or entity to be used by any person or persons found guilty of 
violating the provisions of the preceding paragraphs or shall willfully or knowingly allow 
any of them to use unlicensed firearm or firearms in the course of their employment. 
SEC. 5. Unlawful Manufacture, Sale or Disposition of Firearms and Ammunition. - 
The penalty of reclusion temporal and a fine of five hundred thousand pesos (P500,OOO.OO) shall 
be imposed upon any person, who, unless authorized by law, shall engage in the manufacture, 
sale or disposition of firearms or ammunition. 
Provided, That laborers/ workers of the above manufactwing company shall suffer the 
penalty of prision correccional. 
Provided, further, That the penalty prescribed under Section 18 of this Act shall be 
imposed if the violation under this Section is committed by any member of the Armed Forces of 
the Philippines, the Philippine National Police, or any government official whether elective or 
appointive, and the sale or disposition ,is made to any organized threat group and/or criminal 
syndicate. 
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SEC. 6. Cornmiision of Another Crime - If any other crime punishable under the 
Revised Penal Code and other special laws was committed by the person arrested, the violation 
of this Act shall be considered a distinct and separate offense. 
SEC. 7. Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of 
Machinery, Tool or Instruments Used or Intended to be Used in the Manufacture of Firearms 
or Ammunition. - (a) Any person who shall unlawfully manufacture, deal in, acquire, dispose or 
possess machinery, tool or instruments used or intended to be used in the manufacture of 
firearms or ammunition shall be liable for the penalty of prision correccional in the maximum 
period and a fine of one hundred thousand pesos (PlOO,OOO.OO). 
(b) The penalty of prision mayor in the maximum period and a fine of three hundred 
thousand pesos (P300,OOO.OO) shall be imposed if the violation hereunder is coinmitted by any 
member of the Armed Forces of the Philippines, the Philippine National Police, or any 
government official, whether elective or appointive, and the sale or disposition is made to any 
organized threat group andor criminal syndicate. 
(c) The possession of any machinery, tool or instrument used directly in the manufacture 
of firearms or ammunition, by any person whose business or employment does not lawfully deal 
with the manufacture of firearms or ammunition, shall be prima facie evidence that such article is 
intended to be used in the unlawful/ illegal manufacture of firearms or ammunition. 
SEC. 8. Without Permit to Carry. - The penalty of prision correccional and a fine of 
twenty thousand pesos (P20,OOO.OO) shall be imposed upon any person who shall cany any 
licensed firearm outside of his residence without any legal authority therefore. In addition, the 
offender shall be disqualified to apply for firearm license within a period of six (6) months after 
service of sentence. 
SEC. 9. Coverage of the Term “Unlicensed Fiream”. - The term “unlicensed firearm” 
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shall include: 
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(a) Firearms with expired license which has not been renewed for a period of six (6) 
months from the date of expiration thereof and 
(b) Firearms which are not registered at the FED-PNP. 
SEC. 10. Confscntion. - Every penalty imposed for the violation of this Act shall carry 
with it the confiscation and forfeiture of the firearms, ammunition, machinery, tools or 
instruments in favor of the government to be applied exclusively for the use of the PNP, subject 
to the rules and regulations of the Philippine National Police regarding the mandatory prior 
registration of the firearms with the FED-PNP. 
SEC. 11. Confscnted, Captured, Seized or Recovered Firearm, Ammunition, 
Machinery, Tools or Instruments. - Firearms, ammunition, machinery, tools or instruments 
which have been used in the commission of a crime or which have been otherwise confiscated, 
captured, seized or recovered from crime and/or battle scenes, shall be deposited solely with the 
Police Evidence Custodian of the Police Provincial Headquarters for safekeeping. 
During the pendency of any case, the said firearms, ammunition, machinery, tools or 
instruments shall not be disposed, alienated or transferred and the same shall be in custodia legis 
and no bond shall be admitted for the release of the same. 
Provided, further, That after the termination of the case andor when they are no longer 
necessary as evidence in court, the confiscated, captured, seized or recovered firearms or major 
part thereof shall be turned over solely to the FED-PNP for registration, proper accounting and 
disposition. 
See. 12. Liabilig of Evidence Custodians. - Notwithstanding the provision of the 
Revised Penal Code on malversation of public funds or property, the penalty of prision mayor in 
its medium period and fine of thirty thousand pesos (P30,OOO.OO) shall be imposed upon any 
public officer or employee who misappropriates, misapplies or fails to account for confiscated, 
captured, seized or recovered firearms, ammunitions, machinery, tools or instruments. 
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SEC. 13. Illegal Transfer of Firearms. - Any person who sells or transfers possession of 
his licensed firearm to a person who is not qualified to possess the said firearm shall be 
disqualified to apply for license to possess other firearms. 
SEC. 14. Tampering of Firearm's Serial Number. - The penalty ofprision mayor shall 
be imposed upon any person who shall unlawfully tamper, change, deface or erase the serial 
number of any firearm. 
SEC. 15. Unauthorized Issuance of Authority to Carry Firearm and/or Ammunition 
Outside of Residence. - The penalty of prision correccionul shall be imposed upon any person, 
civilian or military, who shall issue authority to cany firearm andor ammunition outside of 
residence, without authority therefor. 
SEC. 16. Gun Smuggling or Gun Running. - The penalty of reclusion temporal under 
the Revised Penal Code or a fine of fifty thousand to one hundred thousand pesos (PhP50,OOO - 
PhPlOO,OOO), or both, shall be imposed upon any person found guilty of gun smuggling or gun 
running. 
SEC. 17. Lost Firearms and Ammunition. - Holders of licenses and permits under this 
Act are required to report lost firems or ammunition within forty-eight (48) hours from loss or 
discovery of loss thereof. Holders of licenses or permits who willfully fail to report lost firearms 
and ammunition shall suffer the penalty of prision correctional under the Revised Penal Code. 
SEC. 18. Criminal LiabiliQ of Public Offlcials. - The penalty of reclusion perpetuo in 
its maximum period shall be imposed if any violation of the provisions of Sections 4, 5, 11, 13, 
14 and 16 is committed by any member of the Armed Forces of the Philippines (AFP), OT the 
Philippine National Police (PNP), or any other law enforcement agency, or by any public official 
in the civilian service. 
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SEC. 19. Administrative Liability of Public Official. - In addition to the penalty 
prescribed in Section 10 of this Act, the penalty of perpetual disqualification from any public 
office, elective or appointive, or dishonorable discharge from the military or police service, as 
the case may be, and forfeiture of all retirement privileges and benefits, shall be imposed on the 
violator if he or she is a public official, whether in civilian, military, police or law enforcement 
service. 
SEC. 20. Firearms in the Government Arsenal. - All firearms in the government arsenal 
of the Armed Forces of the Philippines shall, without exemption, be registered with the FED- 
PNP. Violation of this provision shall subject the responsible officers to the penalty prescribed 
under Section 18 of this Act. 
SEC. 21. Non-Applicability of the Probation Law. - Except for violation under Section 
8, any person convicted by this Act, regardless of the penalty imposed by the court, cannot avail 
of the privilege granted by the Probation Law or Presidential Decree No. 968, as amended. 
SEC. 22. When Committed By a Corporation, Agency, Association or Any Other 
Entity. - If a corporation, agency, association or any other entity violates any penal provision of 
this Act, the penalty shall be imposed upon the guilty officer or officers of such corporation, 
agency, association or any other entity. 
ARTICLE II1 
FINAL PROVISIONS 
SEC. 23. Amnesty Provision. - Any person who possesses loose firearms may surrender 
the same to the Philippine National Police for custody and apply for the corresponding license as 
required by this Act within one (1) year from the effectivity of the same. Concerned holders of 
said firearms may avail of this amnesty only within the period. There shall also be an 
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administrative amnesty for unrenewed 'licenses of firearms within six (6) months from the 
effectivity of this Act. 
Each firearm submitted for licensing shall have its own distinct firearm description. 
SEC. 24. Implementing Rules nnd Regulatiom. - The Philippine National Police shall, 
within thirty (30) days from the effectivity of this Act, prescribe and promulgate the rules and 
regulations for the uniform implementation of the provisions of this Act. 
SEC. 25. Repealing Clause. - The relevant portions of Presidential Decree No. 1866, as 
amended by Republic Act No. 8294, and all laws, decrees, orders, rules, and regulations or other 
issuances or parts thereof inconsistent with the provisions of this Act are hereby repealed or 
modified accordingly. 
SEC. 26. Separubillty Clause. - If any portion or provision of this Act is declared 
unconstitutional, the remainder of this Act or any provision of this Act is declared 
unconstitutional, the remainder of this Act or any provisions not affected thereby shall remain in 
force and in effect. 
SEC. 27. Effectivity Clause. - This Act shall take effect fifteen days following the 
completion of its publication either in the UfJicciul Gazette or in at least two (2) newspapers of 
general circulation. 
Approved, 
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