Sunteți pe pagina 1din 13

PRESIDENTIAL DECREE No.

532 August 8, 1974


ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW OF 1974
WHEREAS, reports from law-enforcement agencies reveal that lawless elements are
still committing acts of depredations upon the persons and properties of innocent and
defenseless inhabitants who travel from one place to another, thereby distributing the
peace, order and tranquility of the nation and stunting the economic and social
progress of the people;
WHEREAS, such acts of depredations constitute either piracy or highway
robbery/brigandage which are among the highest forms of lawlessness condemned by
the penal statutes of all countries; and,
WHEREAS, it is imperative that said lawless elements be discouraged from
perpetrating such acts of depredations by imposing heavy penalty on the offenders,
with the end in view of eliminating all obstacles to the economic, social, educational
and community progress of the people.
Section 2 defines Piracy and Highway Robbery/Brigandage as:
Section 2. Definition of Terms. The following terms shall mean and be understood, as
follows:
d. Piracy. Any attack upon or seizure of any vessel, or the taking away of the whole or
part thereof or its cargo, equipment, or the personal belongings of its complement or
passengers, irrespective of the value thereof, by means of violence against or
intimidation of persons or force upon things, committed by any person, including a
passenger or member of the complement of said vessel, in Philippine waters, shall be
considered as piracy. The offenders shall be considered as pirates and punished as
hereinafter provided.
e. Highway Robbery/Brigandage. The seizure of any person for ransom, extortion or
other unlawful purposes, or the taking away of the property of another by means of
violence against or intimidation of person or force upon things of other unlawful means,
committed by any person on any Philippine Highway.
Penalties for the commission of Piracy and Highway Robbery/Brigandage are provided in
Section 3:
Section 3. Penalties. Any person who commits piracy or highway robbery/brigandage
as herein defined, shall, upon conviction by competents court be punished by:
a. Piracy. The penalty of reclusion temporal in its medium and maximum periods shall
be imposed. If physical injuries or other crimes are committed as a result or on the
occasion thereof, the penalty of reclusion perpetua shall be imposed. If rape, murder or
homicide is committed as a result or on the occasion of piracy, or when the offenders
abandoned the victims without means of saving themselves, or when the seizure is
accomplished by firing upon or boarding a vessel, the mandatory penalty of death shall
be imposed.

b. Highway Robbery/Brigandage. The penalty of reclusion temporal in its minimum


period shall be imposed. If physical injuries or other crimes are committed during or on
the occasion of the commission of robbery or brigandage, the penalty of reclusion
temporal in its medium and maximum periods shall be imposed. If kidnapping for
ransom or extortion, or murder or homicide, or rape is committed as a result or on the
occasion thereof, the penalty of death shall be imposed.
REPUBLIC ACT No. 6235
AN ACT PROHIBITING CERTAIN ACTS INIMICAL TO CIVIL AVIATION, AND FOR
OTHER PURPOSES.
This Act is also known as The Anti-Hijacking Law. Section 1 thereof explains how this Act is
violated:
Section 1. It shall be unlawful for any person to compel a change in the course or
destination of an aircraft of Philippine registry, or to seize or usurp the control thereof,
while it is in flight. An aircraft is in flight from the moment all its external doors are
closed following embarkation until any of such doors is opened for disembarkation.
It shall likewise be unlawful for any person to compel an aircraft of foreign registry to
land in Philippine territory or to seize or usurp the control thereof while it is within the
said territory.
The penalty to be imposed upon the accused for violating Section 1 is provided in Section 2 of
this Act:
Section 2. Any person violating any provision of the foregoing section shall be
punished by an imprisonment of not less than twelve years but not more than twenty
years, or by a fine of not less than twenty thousand pesos but not more than forty
thousand pesos.
The penalty of imprisonment of fifteen years to death, or a fine of not less than twentyfive thousand pesos but not more than fifty thousand pesos shall be imposed upon any
person committing such violation under any of the following circumstances:
1. Whenever he has fired upon the pilot, member of the crew or passenger of the
aircraft;
2. Whenever he has exploded or attempted to explode any bomb or explosive to
destroy the aircraft; or
3. Whenever the crime is accompanied by murder, homicide, serious physical
injuries or rape.
Another prohibited act specified by this Act is found in Section 3 and the penalty of it is
provided in Section 6 thereof:
Section 3. It shall be unlawful for any person, natural or juridical, to ship, load or carry
in any passenger aircraft operating as a public utility within the Philippines, and
explosive, flammable, corrosive or poisonous substance or material.
Section 6. Any violation of Section three hereof shall be punishable by an
imprisonment of at least five years but not more than ten years or by a fine of not less
than ten thousand pesos but not more than twenty thousand pesos: Provided, That if
the violation is committed by a juridical person, the penalty shall be imposed upon the

manager, representative, director, agent or employee who violated, or caused,


directed, cooperated or participated in the violation thereof: Provided, further, That in
case the violation is committed in the interest of a foreign corporation legally doing
business in the Philippines, the penalty shall be imposed upon its resident agent,
manager, representative or director responsible for such violation and in addition
thereto, the license of said corporation to do business in the Philippines shall be
revoked.
Any violation of Section four hereof shall be an offense punishable with the minimum of
the penalty provided in the next preceding paragraph.
Republic Act No. 9372
March 6, 2007
AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM
TERRORISM
This Act is also known as the Human Security Act of 2007. Section 3 thereof provides for the
acts committed by any person which constitutes Terrorism.
SEC. 3. Terrorism.- Any person who commits an act punishable under any of the
following provisions of the Revised Penal Code:
a. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine
Waters);
b. Article 134 (Rebellion or Insurrection);
c. Article 134-a (Coup d' Etat), including acts committed by private persons;
d. Article 248 (Murder);
e. Article 267 (Kidnapping and Serious Illegal Detention);
f. Article 324 (Crimes Involving Destruction), or under
1. Presidential Decree No. 1613 (The Law on Arson);
2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear
Waste Control Act of 1990);
3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of
1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law
of 1974); and,
6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws
on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or
Disposition of Firearms, Ammunitions or Explosives)
thereby sowing and creating a condition of widespread and extraordinary fear and
panic among the populace, in order to coerce the government to give in to an unlawful
demand shall be guilty of the crime of terrorism and shall suffer the penalty of forty (40)
years of imprisonment, without the benefit of parole as provided for under Act No.
4103, otherwise known as the Indeterminate Sentence Law, as amended.
This Act also provides for the exception to RA No. 4200 which can be found in Section 7.
SEC. 7. Surveillance of Suspects and Interception and Recording of

Communications. -The provisions of Republic Act No. 4200 (Anti-Wire Tapping Law)
to the contrary notwithstanding, a police or law enforcement official and the members
of his team may, upon a written order of the Court of Appeals, listen to, intercept and
record, with the use of any mode, form, kind or type of electronic or other surveillance
equipment or intercepting and tracking devices, or with the use of any other suitable
ways and means for that purpose, any communication, message, conversation,
discussion, or spoken or written words between members of a judicially declared and
outlawed terrorist organization, association, or group of persons or of any person
charged with or suspected of the crime of terrorism or conspiracy to commit terrorism.
Provided, That surveillance, interception and recording of communications between
lawyers and clients, doctors and patients, journalists and their sources and confidential
business correspondence shall not be authorized.
Section 9 thereof specified the necessary content of the Order of the Court authorizing to listen,
to intercept and to record any communication, message, conversation, or spoken or written
words between members of a judicially declared and outlawed terrorist organization,
association, or group of persons or of any person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism.
SEC. 9. Classification and Contents of the Order of the Court. x x x The
written order of the authorizing division of the Court of Appeals shall specify the
following: (a) the identity, such as name and address, if known, of the charged or
suspected person whose communications, messages, conversations, discussions, or
spoken or written words are to be tracked down, tapped, listened to, intercepted, and
recorded x x x,
x x x such person shall be subject to continuous surveillance provided there is a
reasonable ground to do so; (b) the identity (name, address, and the police or law
enforcement organization) of the police or of the law enforcement official, including the
individual identity (names, addresses, and the police or law enforcement organization)
of the members of his team, judicially authorized to track down, tap, listen to, intercept,
and record the communications, messages, conversations, discussions, or spoken or
written words; (c) the offense or offenses committed, or being committed, or sought to
be prevented; and, (d) the length of time within which the authorization shall be used or
carried out.
The period of detention, as well as the penalty for failure of the police or law enforcement to
notify the judge before detaining the person suspected of the crime of terrorism, is also provided
by this Act in Section 18:
SEC. 18. Period of Detention Without Judicial Warrant of Arrest. - The provisions
of Article 125 of the Revised Penal Code to the contrary notwithstanding, any police or
law enforcement personnel, who, having been duly authorized in writing by the AntiTerrorism Council has taken custody of a person charged with or suspected of the
crime of terrorism or the crime of conspiracy to commit terrorism shall, without incurring
any criminal liability for delay in the delivery of detained persons to the proper judicial
authorities, deliver said charged or suspected person to the proper judicial authority

within a period of three days counted from the moment the said charged or suspected
person has been apprehended or arrested, detained, and taken into custody by the
said police, or law enforcement personnel: Provided, That the arrest of those
suspected of the crime of terrorism or conspiracy to commit terrorism must result from
the surveillance under Section 7 and examination of bank deposits under Section 27 of
this Act.
The police or law enforcement personnel concerned shall, before detaining the person
suspected of the crime of terrorism, present him or her before any judge at the latter's
residence or office nearest the place where the arrest took place at any time of the day
or night. It shall be the duty of the judge, among other things, to ascertain the identity
of the police or law enforcement personnel and the person or persons they have
arrested and presented before him or her, to inquire of them the reasons why they
have arrested the person and determine by questioning and personal observation
whether or not the suspect has been subjected to any physical, moral or psychological
torture by whom and why. The judge shall then submit a written report of what he/she
had observed when the subject was brought before him to the proper court that has
jurisdiction over the case of the person thus arrested. The judge shall forthwith submit
his/her report within three calendar days from the time the suspect was brought to
his/her residence or office.
Immediately after taking custody of a person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism, the police or law enforcement personnel
shall notify in writing the judge of the court nearest the place of apprehension or arrest:
Provided,That where the arrest is made during Saturdays, Sundays, holidays or after
office hours, the written notice shall be served at the residence of the judge nearest the
place where the accused was arrested.
The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall
be imposed upon the police or law enforcement personnel who fails to notify and judge
as Provided in the preceding paragraph.
The rights of a person under custodial detention are specified under Section 21:
SEC. 21. Rights of a Person under Custodial Detention. - The moment a person
charged with or suspected of the crime of terrorism or the crime of conspiracy to
commit terrorism is apprehended or arrested and detained, he shall forthwith be
informed, by the arresting police or law enforcement officers or by the police or law
enforcement officers to whose custody the person concerned is brought, of his or her
right: (a) to be informed of the nature and cause of his arrest, to remain silent and to
have competent and independent counsel preferably of his choice. If the person cannot
afford the services of counsel of his or her choice, the police or law enforcement
officers concerned shall immediately contact the free legal assistance unit of the
Integrated Bar of the Philippines (IBP) or the Public Attorney's Office (PAO). It shall be
the duty of the free legal assistance unit of the IBP or the PAO thus contacted to

immediately visit the person(s) detained and provide him or her with legal assistance.
These rights cannot be waived except in writing and in the presence of the counsel of
choice; (b) informed of the cause or causes of his detention in the presence of his legal
counsel; (c) allowed to communicate freely with his legal counsel and to confer with
them at any time without restriction; (d) allowed to communicate freely and privately
without restrictions with the members of his family or with his nearest relatives and to
be visited by them; and, (e) allowed freely to avail of the service of a physician or
physicians of choice.
The duties of the Anti-Terrorism Council is also stipulated in Section 53:
SEC. 53. Anti-Terrorism Council. - An Anti-Terrorism Council, hereinafter referred to,
for brevity, as the "Council," is hereby created. The members of the Council are: (1) the
Executive Secretary, who shall be its Chairperson; (2) the Secretary of Justice, who
shall be its Vice Chairperson; and (3) the Secretary of Foreign Affairs; (4) the Secretary
of National Defense; (5) the Secretary of the Interior and Local Government; (6) the
Secretary of Finance; and (7) the National Security Advisor, as its other members.
The Council shall implement this Act and assume the responsibility for the proper and
effective implementation of the anti-terrorism policy of the country. The Council shall
keep records of its proceedings and decisions. All records of the Council shall be
subject to such security classifications as the Council may, in its judgment and
discretion, decide to adopt to safeguard the safety of the people, the security of the
Republic, and the welfare of the nation.
The National Intelligence Coordinating Agency shall be the Secretariat of the Council.
The Council shall define the powers, duties, and functions of the National Intelligence
Coordinating Agency as Secretariat of the Council. The National Bureau of
Investigation, the Bureau of Immigration, the Office of Civil Defense, the Intelligence
Service of the Armed Forces of the Philippines, the Anti-Money Laundering Council, the
Philippine Center on Transnational Crime, and the Philippine National Police
intelligence and investigative elements shall serve as support agencies for the Council.
The Council shall formulate and adopt comprehensive, adequate, efficient, and
effective anti-terrorism plans, programs, and counter-measures to suppress and
eradicate terrorism in the country and to protect the people from acts of terrorism.
Nothing herein shall be interpreted to empower the Anti-Terrorism Council to exercise
any judicial or quasi-judicial power or authority.
Presidential Decree No. 1866
June 29, 1983
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"

WHEREAS, there has been an upsurge of crimes vitally affecting public order and
safety due to the proliferation of illegally possessed and manufactured firearms,
ammunition and explosives;
WHEREAS, these criminal acts have resulted in loss of human lives, damage to
property and destruction of valuable resources of the country;
WHEREAS, there are various laws and presidential decrees which penalized illegal
possession and manufacture of firearms, ammunition and explosives;
Section 8. Rules and Regulations. - The Chief of the Philippine Constabulary shall
promulgate the rules and regulations for the effective implementation of this Decree.
Republic Act No. 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."
Section of PD1866 was amended by RA No. 8294, and further amended by RA No. 10591.
Section of RA No. 8294 provides:
Section 1. Sec. 1 Presidential Decree No. 1866, as amended, is hereby
further amended to read as follows:
"Sec. 1. Unlawful manufacture, sale, acquisition, disposition or possession
of firearms or ammunition or instruments used or intended to be used in the
manufacture of firearms or ammunition. The penalty of prision correccional in
its maximum period and a fine of not less than P15,000 shall be imposed upon
any person who shall unlawfully manufacture, deal in, acquire, dispose, or
possess any low powered firearm, 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 penalty of prision mayor in its minimum period and a fine of 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.
"If homicide or murder is committed with the use of an unlicensed firearm,
such use of an unlicensed firearm shall be considered as an aggravating
circumstance.
"If the violation of this Sec. 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 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 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 shall be imposed upon any person who shall
carry any licensed firearm outside his residence without legal authority therefor."
RA No. 10591 amended Sections 1, 2, 5 and 7 of PD No. 1866.
REPUBLIC ACT No. 10591
AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON FIREARMS
AND AMMUNITION AND PROVIDING PENALTIES FOR VIOLATIONS
THEREOF
Section 3, Article I thereof defines the definition of some related words of this Act:
ARTICLE I
Section 3. Definition of Terms. As used in this Act:
(a) Accessories refer to parts of a firearm which may enhance or increase the
operational efficiency or accuracy of a firearm but will not constitute any of the major or
minor internal parts thereof such as, hut not limited to, laser scope, telescopic sight and
sound suppressor or silencer.
(b) Ammunition refers to a complete unfixed unit consisting of a bullet, gunpowder,
cartridge case and primer or loaded shell for use in any firearm.
xxx
(l) Firearm refers to any handheld or portable weapon, whether a small arm or light
weapon, that expels or is designed to expel a bullet, shot, slug, missile or any
projectile, which is discharged by means of expansive force of gases from burning
gunpowder or other form of combustion or any similar instrument or implement. For
purposes of this Act, the barrel, frame or receiver is considered a firearm.
xxx
(t) 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 underbarrel 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.

xxx
(v) 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.
(w) 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.
(x) Minor parts of a firearm refers to the parts of the firearm other than the major parts
which are necessary to effect and complete the action of expelling a projectile by way
of combustion, except those classified as accessories.
xxx
(dd) 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 which is a firearm intended to be fired from the hand, which
includes:
(i) A pistol which is a hand-operated firearm having a chamber integral with
or permanently aligned with the bore which may be self-loading; and
(ii) Revolver which is a hand-operated firearm with a revolving cylinder
containing chambers for individual cartridges.
(2) Rifle which is a shoulder firearm or designed to be fired from the shoulder that
can discharge a bullet through a rifled barrel by different actions of loading, which
may be classified as lever, bolt, or self-loading; and
(3) Shotgun which is a weapon designed, made and intended to fire a number of
ball shots or a single projectile through a smooth bore by the action or energy
from burning gunpowder.
The qualifications to be possessed by a person or entity to obtain a license to own and possess
firearms, as well as the permit to carry firearms outside of residence, are specified in Section 4,
5 and 7 of Article II of this Act.
ARTICLE II
Section 4. Standards and Requisites for Issuance of and Obtaining a License to Own
and Possess Firearms. In 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 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 PNPaccredited 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;
(f) The applicant must present a police clearance from the city or municipality
police office; and
(g) The applicant has not been convicted or is currently an accused in a pending
criminal case before any court of law for a crime that is punishable with a penalty
of more than two (2) years.
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.
Section 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;
and
(d) It has paid all its income taxes for the year, as duly certified by the Bureau of
Internal Revenue.
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 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; and
(h) Businessmen, who by the nature of their business or undertaking, are
exposed to high risk of being targets of criminal elements.
Article III of the Act, specifically Section 8 and 19, provides for the period of renewal and
expiration of license, as well as the authority to issue the same.
ARTICLE III
Section 8. Authority to Issue License. The Chief of the PNP, through the FEO of the
PNP, shall issue licenses to qualified individuals and to cause the registration of
firearms.
Section 19. Renewal of Licenses and Registration. All types of licenses to possess a
firearm shall be renewed every two (2) 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 four (4) 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.
The penalties for the unlawful acquisition, or possession of firearms and ammunition and the
use of loose firearm in the commission of a crime are stipulated in Section 28 and 29, Article V.
The grounds for revocation, cancellation or suspension of license or permit is provided in
Section 39.
ARTICLE V
Section 28. Unlawful Acquisition, or Possession of Firearms and Ammunition. The
unlawful acquisition, 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.
Section 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.
Section 39. Grounds for Revocation, Cancellation or Suspension of License or Permit.
The Chief of the PNP or his/her authorized representative may revoke, cancel or
suspend a license or permit on the following grounds:
(a) Commission of a crime or offense involving the firearm, ammunition, of major
parts thereof;
(b) Conviction of a crime involving moral turpitude or any offense where the
penalty carries an imprisonment of more than six (6) years;
(c) Loss of the firearm, ammunition, or any parts thereof through negligence;
(d) Carrying of the firearm, ammunition, or major parts thereof outside of
residence or workplace without, the proper permit to carry the same;
(e) Carrying of the firearm, ammunition, or major parts thereof in prohibited
places;
(f) Dismissal for cause from the service in case of government official and
employee;
(g) Commission of any of the acts penalized under Republic Act No. 9165,
otherwise known as the "Comprehensive Dangerous Drugs Act of 2002;
(h) Submission of falsified documents or misrepresentation in the application to
obtain a license or permit;
(i) Noncompliance of reportorial requirements; and
(j) By virtue of a court order.
mmmmmmm
ARTICLE VI
Section 42. Firearms Repository. The FEO of the PNP shall be the sole repository of
all firearms records to include imported and locally manufactured firearms and
ammunition. Within one (1) year upon approval of this Act, all military and law
enforcement agencies, government agencies, LGUs and government-owned or
-controlled corporations shall submit an inventory of all their firearms and ammunition
to the PNP.
Section 45. Repealing Clause. This Act repeals Sections 1, 2, 5 and 7 of Presidential
Decree No. 1866, as amended, and Section 6 of Republic Act No. 8294 and all other
laws, executive orders, letters of instruction, issuances, circulars, administrative orders,
rules or regulations that are inconsistent herewith.

S-ar putea să vă placă și