June 6, 1997

REPUBLIC ACT NO. 8294 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 1 of Presidential Decree No. 1866, as amended, is hereby further amended to read as follows:

SECTION 1.

"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 Fifteen thousand pesos (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 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. "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 Section is in furtherance of or incident to, or in connection with the crime of rebellion or insurrection, sedition, or attempted coup d'état, such violation shall be absorbed as an element of the crime of rebellion, or insurrection, sedition, or attempted coup d'état. "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." SECTION 2. Section 3 of Presidential Decree No. 1866, as amended, is hereby further amended to read as follows:

"SEC. 3. Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of Explosives. — The penalty of prision mayor in its maximum period to reclusion temporal and a fine of not less than Fifty thousand pesos (P50,000) shall be imposed upon any person who shall unlawfully manufacture, assemble, deal in, acquire, dispose or possess hand grenade(s), rifle grenade(s), and other explosives, including but not limited to 'pillbox,' 'molotov cocktail bombs,' 'fire bombs,' or other incendiary devices capable of producing destructive effect on contiguous objects or causing injury or death to any person. "When a person commits any of the crimes defined in the Revised Penal Code or special laws with the use of the aforementioned explosives, detonation agents or incendiary devices, which results in the death of any person or persons, the use of such explosives, detonation agents or incendiary devices shall be considered as an aggravating circumstance. "If the violation of this Section is in furtherance of, or incident to, or in connection with the crime of rebellion, insurrection, sedition or attempted coup d'état, such violation shall be absorbed as an element of the crimes of rebellion, insurrection, sedition or attempted coup d'état. "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 explosives 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." SECTION 3. Section 5 of Presidential Decree No. 1866, as amended, is hereby further amended to read as follows:

"SEC. 5. Tampering of Firearm's Serial Number. — The penalty of prision correccional shall be imposed upon any person who shall unlawfully tamper, change, deface or erase the serial number of any firearm." SECTION 4. Section 6 of Presidential Decree No. 1866, as amended, is hereby further amended to read as follows:

"SEC. 6. Repacking or Altering the Composition of Lawfully Manufactured Explosives. — The penalty of prision correccional shall be imposed upon any person who shall unlawfully repack, alter or modify the composition of any lawfully manufactured explosives."

or unauthorized use of licensed firearm in the commission of the crime. the necessary rules and regulations pertaining to the administrative aspect of the provisions hereof. 1) 2) Coverage of the Term Unlicensed Firearm. — If. furnishing the Committee on Public Order and Security and the Committee on Justice and Human Rights of both Houses of Congress copies of such rules and regulations within thirty (30) days from the promulgation hereof.SECTION 5. 6. orders. Separability Clause. Approved: June 6. 93 No. rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed.1997 Republic Act No. Vol. — The term unlicensed firearm shall include: firearms with expired license. decrees. — This Act shall take effect after fifteen (15) days following its publication in the Official Gazette or in two (2) newspapers of general circulation. for any reason. Effectivity. 1997 Published in Malaya and the Philippine Times Journal on June 21. 1997. 1997. Published in the Official Gazette. within ninety (90) days after the approval of this Act. — The Department of Justice and the Department of the Interior and Local Government shall jointly issue. Rules and Regulations. SECTION 7. 8295 . Repealing Clause. any section or provision of this Act is declared to be unconstitutional or invalid. 36 page 5550 on September 8. or modified accordingly. the other sections or provisions thereof which are not affected thereby shall continue to be in full force and effect. SECTION 6. SECTION 8. amended. SECTION 9.6. — All laws.

the Chief of Philippine Constabulary shall promulgate the rules and regulations for the effective implementation of this decree. THEREFORE. ammunition or explosives and imposing stiffer penalties for certain violations thereof and for relevant purposes. . this 23rd day of July. ammunition or explosives or instruments used in the manufacture of firearms.July 23. Rules and Regulations. 1983 WHEREAS. in the year of Our Lord. WHEREAS. Nineteen Hundred and Eighty-Three. DONE in the City of Manila. Section 8 of Presidential Decree No. WHEREAS. 1866 is hereby amended to read as follows: "Sec. 1983 codified the laws on illegal/unlawful possession. acquisition or disposition of firearm. by virtue of the powers in me vested by the Constitution do hereby decree: SECTION 1. Section 8 of the aforementioned law directs the Chief of Philippine Constabulary to promulgate the rules and regulations for the effective implementation of said decree. dealing in." SECTION 2. the Presidential Decree No. President of the Philippines. MARCOS. manufacture. This decree takes effect immediately. 1878-A AMENDING PRESIDENTIAL DECREE NUMBER 1866 DATED JUNE 29. FERDINAND E. I. — Subject to the approval of the Minister of National Defense. 1983 PRESIDENTIAL DECREE NO. 1866 dated June 29. 8. NOW. there is a need for the Minister of National Defense to approve the rules and regulations promulgated by the Chief of Philippine Constabulary considering that the aforementioned rules and regulations are enforced by the Philippine Constabulary and the Integrated National Police.

— For purposes of Presidential Decree No. detonators and detonating agents. "Firearm" as herein used. Manufacture. certificate of registration or M/R) are prohibited from carrying their firearms outside of residence. revolvers. fire bomb. explosives or machinery. shell or other missile may be fired by means of gunpowder or explosives. b. Authority of Private Individuals to Carry Firearms Outside of Residence. shotguns. 1866 the following terms shall mean and be interpreted as hereunder defined: a. The barrel of any firearm shall be considered a complete firearm. Acquisition or Possession of Firearm. part of firearm. by friction. includes rifles. or by detonation of all or any part of the compound or mixture causing such a sudden generation of highly heated gases that the resultant gaseous pressure are capable of producing destructive effects on contiguous objects or destroying life or limb. ball. As a rule. dated 29 June 1983. fuses. carbines.October 28. 4 and 5 hereof. tool or instrument used or intended to be used in the manufacture of any firearm. ball. c. AMMUNITION OR EXPLOSIVES. Sale. 1983 RULES AND REGULATIONS IMPLEMENTING PRESIDENTIAL DECREE NUMBER 1866 DATED 29 JUNE 1983 CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION. 712 dated 28 July 1981. OF FIREARMS. heat and gas causing tremendous pressure resulting in an explosion. f. shotguns. dynamite. handgrenade. and those covered by a Certificate of Registration or a Memorandum Receipt their residence is the Office/station to which the grantee belongs. powder used for blasting. b. AMMUNITION OR EXPLOSIVES OR INSTRUMENTS USED IN THE MANUFACTURE OF FIREARMS. "Mission Order" — is a written directive or order issued by competent authority as enumerated in Section 5 hereof to persons who are under his supervision and control for a definite purpose or objective during a specified period and to such place or places as therein mentioned which may entitle the bearer thereof to carry his duly issued or licensed firearm outside of his residence when so specified therein. the carrying of firearm outside of residence or official station in pursuance of an official mission or duty shall have the prior approval of the Chief of Constabulary. However. muskets. by percussion. Except as otherwise provided in Secs. — a. "Permit to Carry Firearm Outside of Residence" — is a written authority issued to any person by the Chief of Constabulary which entitles such person to carry his licensed or lawfully issued firearm outside of residence for the duration and purpose specified therein. "Duty Detail Order" — is a written order/schedule issued by a superior officer to his subordinate(s) assigning to the latter the performance of a specific task(s) within or outside his/their official station which is a part of his/their regular duties. SECTION 3. SECTION 2. ammunition. "Ammunition" — refers to loaded shells for rifles. pillbox bomb. authorize such person or persons to carry firearm outside of residence. in meritorious cases as determined by him and under such conditions as he may impose. It includes the office or house where it is kept and the premises of the house enclosed by walls and gates separating said premises from adjacent properties. except that in the case of application to manufacture firearms. buy. AND IMPOSING STIFFER PENALTIES FOR CERTAIN VIOLATIONS THEREOF AND FOR RELEVANT PURPOSES Pursuant to Section 8 of Presidential Decree No. loaded shell or other missile may be discharged by means of gunpowder or other explosives. sell. parts of firearm. either as a mixture of single compound. as amended. persons who are lawful holders of firearms (regular license. ammunition or explosives shall first secure the necessary permit/license/authority from the Chief of Constabulary. at high speed. which by chemical reaction liberate. Ammunition or Explosives. pistols and another deadly weapons from which a bullet. deal in receive. rifle grenade. dispose of or possess any firearm. — Any person or entity desiring to import. molotov cocktail bomb. MANUFACTURE. muskets. d. ammunition or explosives. carbines. g. special permit. manufacture. shot. revolvers. pistols and other firearms from which a bullet. smokeless powder. For firearms covered by a Regular License or Special Permit their residence shall be that specified in the license or permit. . Definition of Terms. the Chief of Constabulary may. 1866. such as gunpowder. c. promulgated hereunder are the Rules and Regulations implemental of said Decree for the guidance of all concerned: SECTION 1. e. "Explosives" — refers to any substance either solid or liquid. the corresponding permit/license shall be issued only with the prior approval of the President. DEALING IN. usually requiring completion within a 24-hour period. "Residence" — refers to that place where the firearm and ammunition is being permanently kept. ACQUISITION OR DISPOSITION. by concussion. The term also includes air rifles and air pistols not classified as toys under the provisions of Executive Order No. acquire. or other incendiary devices and any other chemical compound or chemical mixture that contains any combustible unit or other ingredients in such proportion or packing that ignites by fire. blasting materials. all forms of high explosives.

AFP. Station/Sub-Station Commanders. and (9) Detachment commanders in remote areas whose higher commanders are no easily available to issue such orders. company guard forces and government guard forces are authorized to carry their duty issued firearms whenever they are on duty detail subject to the specific guidelines provided in Sec 6 hereof: a. 3 hereof or in actual performance of duty or official mission under Secs. and government property. Commanding Officers of Metropolitan District Commands. certificate of registration or M/R) are prohibited from carrying their firearms outside of residence except when they had been issued by the Chief of Constabulary a permit to carry firearm outside of their residence as provided for in Sec. (4) Commanders of the AFP Major Services including the Chiefs of their respective General/Special/Technical and Personal Staffs. men and regular civilian agents of the Ministry of National Defense (MOND)/Armed Forces of the Philippines (AFP) including members of the ICHDF: (1) The Minister of National Defense and such other Ministry officials duly designated by him. — The following specific guidelines shall be strictly observed in the carrying of firearm outside of residence: a. police. Deputy Director General. SECTION 5. Commanding General. police. detail as participants in parade and ceremonies and the like. For agents of the National Intelligence and Security Authority (NISA): The Director-General. Director of Legal Affairs. NISA SECTION 6. The term "official mission" shall refer to a task that requires the personnel concerned to go out of his official station for its accomplishment. and Export Processing Zones Authority Police Force. INP Legal Service. Metropolitan Police Force. (8) Provincial Commanders. quarters or assembly area of such personnel to the place of duty and back. 4 & 5 hereof. b. special permit. company commanders and their equivalent in the Philippine Air Force and Philippine Navy. INP. This includes. and Commanding Officers. Philippine Ports Authority Security Force. Provincial/District Superintendents. (2) While in the actual performance of duty such as those enumerated above. For officers. Provincial and City Jails. For members of the National Bureau of Investigation: The Director The Deputy Director The Assistant/Regional Directors d. men and regular civilian agents of the MOND/AFP/INP: (1) Whether in uniform or in civilian attire. Authority of Personnel of Certain Civilian Government Entities and Guards of Private Security Agencies. intelligence or security operations. b. Guards of the National Bureau of Prisons. — Lawful holders of firearm (regular license. The authority to carry firearm in the above instances shall apply not only in the specific place of duty but also from the camps. the operation order in combat. Commanding Officer. INP Field Force. company guard forces. (1) (2) (3) For members of the Integrated National Police (INP): Director General. combat. intelligence and security operations. INP. (3) Chiefs of the General/Special/Technical and Personal Staffs of GHQ AFP. the letter order assailing them to such duty. (5) Commanders and Chiefs of Staffs or PWSSUs and major commands/units of the AFP and the Major Services. the aforementioned personnel are not authorized to carry firearms except while on actual performance of official duties or when on official function pursuant to a mission order. Regional Directors/Director. The term "duty" as used herein means a task or function that requires the use of firearm to insure its accomplishment. b. the mission order should be shown on demand without resentment to avoid misunderstanding. (2) The Chief of Staff. Company Guard Forces and Government Guard Forces to Carry Firearms. INP separate Units/Officers or officers holding equivalent commands. and c. Members of the Bureau of Customs Police. but shall not be limited to: guarding or securing persons legally entitled to protection. METRODISCOM Commanders. Specific Guidelines in the Carrying of Firearms Outside of Residence. — The personnel of the following civilian agencies commanding guards of private security agencies. Authority to Issue Mission Order Involving the Carrying of Firearm. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) c. For officers. (7) Commanders of AFP intelligence units from GHQ AFP down to regional command levels. Office of Jail Management and Penology. Lawful holders of firearm. When required by proper authorities. (6) Commanders of battalions and higher units and their equivalent in the Philippine Air Force and Philippine Navy. enforcing laws and regulations.SECTION 4. Guards of private security agencies. and other written instructions indicating the . — The following are authorized to issue mission orders with provisions which may entitle the bearer thereof to carry his issued/licensed firearm and ammunition for the duration of such mission: a. participation in training. and government guard forces. barracks.

in compliance with subpoena issued for the purpose. The carrying of firearms is limited only from the premises of the office of such agencies. SECTION 7. shall be sufficient.authority to carry firearms issued by competent authority. or while attending civic. respectively. e. except that military pilots in flying uniforms and crew of armored vehicles may carry their firearms in shoulder holsters. (5) Only firearms specifically described in the mission orders shall be carried. Chief Security Officer of the Philippine Ports Authority and the Chief Security Officer of the Export Processing Zone Authority. (3) Personnel in uniform but without holster and those in civilian clothes who are authorized to carry firearms outside their residence shall ensure that their firearms are concealed unless in actual use for a legitimate purpose. corporations or firms to their place of work and return. PC METROCOM. For guards of licensed security agencies and public or private corporations or firms: (1) Guards of security agencies and public or private corporations or firms are not authorized to carry firearms except while on proper uniform. and return. Manner of Carrying Firearms: (1) As a general rule. Unlawful Repacking or Altering of the Composition of Lawfully Manufactured Explosives. provided that said escort are covered by duty detail order issued by the Chief Security Officer concerned. For Integrated Civilian Home Defense Forces (CHDF): (1) CHDF members are not allowed to travel with firearms individually and are not allowed to operate outside of its operational are without prior authority/clearance from the military Commander-in-Charge. h. Members of the Bureau of Customs Police. (2) CHDF members are not allowed to bring their issued firearms to their residence except as specifically authorized by the military Commander-in-Charge on a case-to-case basis when justified by exigencies of the service. c. chartered cities. cabarets. Coordination shall be made by the operator/general manager with CG. specifically detailing them to such duty. Guards of the Bureau of Prisons and of provincial jails are not authorized to carry their duly issued firearms except within the premises of the prison or jail in which they are actually on guard duty and while escorting prisoners pursuant to a validly issued duty detail order from the prison or jail to offices of provincial/city fiscals or to the courts. . the firearms should be returned for safekeeping in the depository in the office or premises of work of the security guard. be to repack explosives to conform with their blasting requirements. After their tour of duty. however. (4) Security guards may be allowed to carry firearms to escort big amounts of cash or valuables of their registered clients. port or zone area only. Limitations and Restrictions: (1) Those authorized to carry firearms shall not bring said firearms inside public drinking places. d. f. and Provincial Commander/Police Superintendent in the province who should be furnished a copy of the duty detail order. (4) The practice of flagrantly displaying a firearm or tucking it in the waist while in uniform or in civilian clothes is prohibited. (2) The sidearm carried by a person in uniform shall be placed in a holster securely attached to the belt. Philippine Ports Authority security force and Export Processing Zones Authority police force are not authorized to carry their issued firearms except while on duty within the customs. In case of missions outside of their official stations. Agents of the National Bureau of Investigation and National Intelligence and Security Authority are not allowed to carry firearms outside of residence except while in the actual performance of official mission or duty provided they are covered by appropriate Mission Orders. (2) Security guards shall not bring home the firearms issued to them. In some instances where time is of the essence. that persons are said to conduct blasting operations may. corporation or firm concerned may be used/carried by the security guard. political and religious rallies and meetings. After their tour of duty. the authority may be verbal. (4) Appropriate information/coordination shall be made with the nearest PC or INP unit for purposes of identification and to preclude incidents of violence between CHDF and military forces in instances where apprehensions or arrest of CHDF in the province is to be effected. The duty detail order shall state the period and places covered. within their area of operation or place of duty. (2) Carrying of long firearms is prohibited in Metro Manila. (3) A secured depository of firearms should be maintained at the lowest level of CHDG organization. provided the individuals are in uniform. firearms shall be carried only while in proper uniform. as soon as said orders as issued. upon prior approval from the Firearms and Explosives Unit (FEU) HPC. provincial capital. public dance halls and public amusement places. (3) Only firearms licensed to the agency. MPF in Metro Manila. — Altering. and other thickly populated areas or in fiestas or other large gatherings except when called for in the performance of duty or accomplishment of mission. g. i. and they are properly authorized by a duty detail issued by the Chief Security Officer concerned. repacking or in any way modifying the composition of lawfully manufactured explosives unlawful and punishable provided. they may be allowed to carry their duly issued firearms provided they are covered by duty detail order issued by the Chief of Customs Police. and accompanied by a person in charge. the firearms should be returned to the property custodian or armorer for safekeeping in the depository.

The new serial number to be stamped/engraved on any firearm shall be assigned by FEU. defacing or in any way erasing the serial number of a firearm is unlawful and punishable except that provided hereunder: a. SECTION 9. (SGD. Unlawful Issuance of Mission Orders or Permit to Carry Firearm.) FIDEL V. defacing or erasing of the firearm's serial number is done with the prior consent/approval of the Chief of the Philippine Constabulary or his duly designated representations. 1983 at Headquarters Philippine Constabulary. HPC. AFP Chief of Constabulary/Director General. The tampering. changing. Done this 28th day of October. Quezon City. Camp Crame. — These rules and regulations shall be effective immediately. Unlawful Tampering of Firearm Serial Number. SECTION 10.SECTION 8. INP 11-25-1983 DTI Ministry Order No. — Tampering. RAMOS Lieutenant General. 69-83 Rules and Regulations Governing Administrative Actions for Violations of Trade and Industry Laws . Effectivity. c. The stamping/engraving of the new serial number assigned shall be done under the supervision of the FEU. — Except as provided in these Rules and Regulations no other person or officer is authorized to give mission order involving the carrying of firearms or permits to carry firearms. changing. b.

Sign up to vote on this title
UsefulNot useful