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Republic Act No.

6955

June 13, 1990

AN ACT TO DECLARE UNLAWFUL THE PRACTICE OF MATCHING FILIPINO WOMEN FOR MARRIAGE TO FOREIGN
NATIONALS ON A MAIL ORDER BASIS AND OTHER SIMILAR PRACTICES, INCLUDING THE ADVERTISEMENT,
PUBLICATION, PRINTING OR DISTRIBUTION OF BROCHURES, FLIERS AND OTHER PROPAGANDA MATERIALS IN
FURTHERANCE THEREOF AND PROVIDING PENALTY THEREFORE

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


assembled::
Section 1. It is the policy of the State to ensure and guarantee the enjoyment of the people of a
decent standard of living. Towards this end, the State shall take measures to protect Filipino
women from being exploited in utter disregard of human dignity in their pursuit of economic
upliftment.
Section 2. Pursuant thereto, it is hereby declared unlawful:
(a) For a person, natural or juridical, association, club or any other entity to commit, directly or
indirectly, any of the following acts:
(1) To establish or carry on a business which has for its purpose the matching of Filipino women
for marriage to foreign nationals either on a mail-order basis or through personal introduction;
(2) To advertise, publish, print or distribute or cause the advertisement, publication, printing or
distribution of any brochure, flier, or any propaganda material calculated to promote the
prohibited acts in the preceding subparagraph;
(3) To solicit, enlist or in any manner attract or induce any Filipino woman to become a member
in any club or association whose objective is to match women for marriage to foreign nationals
either on a mail-order basis or through personal introduction for a fee;
(4) To use the postal
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(b) For the manager or officer-in-charge or advertising manager of any newspaper, magazine,
television or radio station, or other media, or of an advertising agency, printing company or other
similar entities, to knowingly allow, or consent to, the acts prohibited in the preceding paragraph.
Section 3. In case of violation of this Act by an association, club, partnership, corporation, or any
other entity, the incumbent officers thereof who have knowingly participated in the violation of
this Act shall be held liable.1awphila1f
Section 4. Any person found guilty by the court to have violated any of the acts herein prohibited
shall suffer an imprisonment of not less than six (6) years and one (1) day but not more than
eight (8) years, and a fine of not less than Eight thousand pesos (P8,000) but not more than
Twenty thousand pesos (P20,000): Provided, That if the offender is a foreigner, he shall be
immediately deported and barred forever from entering the country after serving his sentence
and payment of fine.
Section 5. Nothing in this Act shall be interpreted as a restriction on the freedom of speech and of
association for purposes not contrary to law as guaranteed by the Constitution.
Section 6. All laws, decrees, orders, instructions, rules and regulations, or parts thereof
inconsistent with this Act are hereby repealed or modified accordingly.

Section 7. This Act shall take effect upon its publication for two (2) consecutive weeks in a
newspaper of general circulation.
Approved: June 13, 1990
[REPUBLIC ACT NO. 10591]
AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON FIREARMS AND AMMUNITION AND
PROVIDING PENALTIES FOR VIOLATIONS THEREOF
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

ARTICLE I
TITLE, DECLARATION OF POLICY AND DEFINITION OF TERMS
SECTION 1. Short Title. This Act shall be known as the Comprehensive Firearms and
Ammunition Regulation Act.
SEC. 2. Declaration of State Policy. It is the policy of the State to maintain peace and order and
protect the people against violence. The State also recognizes the right of its qualified citizens to
self-defense through, when it is the reasonable means to repel the unlawful aggression under the
circumstances, the use of firearms. Towards this end, the State shall provide for a comprehensive
law regulating the ownership, possession, carrying, manufacture, dealing in and importation of
firearms, ammunition, or parts thereof, in order to provide legal support to law enforcement
agencies in their campaign against crime, stop the proliferation of illegal firearms or weapons and
the illegal manufacture of firearms or weapons, ammunition and parts thereof.
SEC. 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.
(c) Antique firearm refers to any: (1) firearm which was manufactured at least seventy-five (75)
years prior to the current date but not including replicas; (2) firearm which is certified by the
National Museum of the Philippines to be curio or relic of museum interest; and (3) any other
firearm which derives a substantial part of its monetary value from the fact that it is novel, rare,
bizarre or because of its association with some historical figure, period or event.
(d) Arms smuggling refers to the import, export, acquisition, sale, delivery, movement or transfer
of firearms, their parts and components and ammunition, from or across the territory of one
country to that of another country which has not been authorized in accordance with domestic
law in either or both country/countries.
(e) Authority to import refers to a document issued by the Chief of the Philippine National Police
(PNP) authorizing the importation of firearms, or their parts, ammunition and other components.

(f) Authorized dealer refers to any person, legal entity, corporation, partnership or business entity
duly licensed by the Firearms and Explosive Office (FEO) of the PNP to engage in the business of
buying and selling ammunition, firearms or parte thereof, at wholesale or retail basis.
(g) Authorized importer refers to any person, legal entity, corporation, partnership or business
duly licensed by the FEO of the PNP to engage in the business of importing ammunition and
firearms, or parts thereof into the territory of the Republic of the Philippines for purposes of sale
or distribution under the provisions of this Act.
(h) Authorized manufacturer refers to any person, legal entity, corporation, or partnership duly
licensed by the FEO of the PNP to engage in the business of manufacturing firearms, and
ammunition or parts thereof for purposes of sale or distribution.
(i) Confiscated firearm refers to a firearm that is taken into custody by the PNP, National Bureau
of Investigation (NBI), Philippine Drug Enforcement Agency (PDEA), and all other law enforcement
agencies by reason of their mandate and must be necessarily reported or turned over to the PEO
of the PNP.
(j) Demilitarized firearm refers to a firearm deliberately made incapable of performing its main
purpose of firing a projectile.
(k) Duty detail order refers to a document issued by the juridical entity or employer wherein the
details of the disposition of firearm is spelled-out, thus indicating the name of the employee, the
firearm information, the specific duration and location of posting or assignment and the
authorized bonded firearm custodian for the juridical entity to whom such firearm is turned over
after the lapse of the order.
(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.
(m) Firearms Information Management System (FIMS) refers to the compilation of all data and
information on firearms ownership and disposition for record purposes.
(n) Forfeited firearm refers to a firearm that is subject to forfeiture by reason of court order as
accessory penalty or for the disposition by the FEO of the PNP of firearms considered as
abandoned, surrendered, confiscated or revoked in compliance with existing rules and
regulations.
(o) Gun club refers to an organization duly registered with and accredited in good standing by the
FEO of the PNP which is established for the purpose of propagating responsible and safe gun
ownership, proper appreciation and use of firearms by its members, for the purpose of sports and
shooting competition, self-defense and collection purposes.
(p) Gunsmith refers to any person, legal entity, corporation, partnership or business duly licensed
by the FEO of the PNP to engage in the business of repairing firearms and other weapons or
constructing or assembling firearms and weapons from finished or manufactured parts thereof on

a per order basis and not in commercial quantities or of making minor parts for the purpose of
repairing or assembling said firearms or weapons.
(q) Imitation firearm refers to a replica of a firearm, or other device that is so substantially similar
in coloration and overall appearance to an existing firearm as to lead a reasonable person to
believe that such imitation firearm is a real firearm.
(r) Licensed citizen refers to any Filipino who complies with the qualifications set forth in this Act
and duly issued with a license to possess or to carry firearms outside of the residence in
accordance with this Act.
(s) Licensed, juridical entity refers to corporations, organizations, businesses including security
agencies and local government units (LGUs) which are licensed to own and possess firearms in
accordance with this Act.
(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.
(u) Long certificate of registration refers to licenses issued to government agencies or offices or
government-owned or -controlled corporations for firearms to be used by their officials and
employees who are qualified to possess firearms as provider in this Act, excluding security
guards.
(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.
(y) Permit to carry firearm outside of residence refers to a written authority issued to a licensed
citizen by the Chief of the PNP which entitles such person to carry his/her registered or lawfully
issued firearm outside of the residence for the duration and purpose specified in the authority.
(z) Permit to transport firearm refers to a written authority issued to a licensed citizen or entity
by the Chief of the PNP or by a PNP Regional Director which entitles such person or entity to
transport a particular firearm from and to a specific location within the duration and purpose in
the authority.

(aa) Residence refers to the place or places of abode of the licensed citizen as indicated in his/her
license.
(bb) Shooting range refers to a facility established for the purpose of firearms training and skills
development, firearm testing, as well as for sports and competition shooting either for the
exclusive use of its members or open to the general public, duly registered with and accredited in
good standing by the FEO of the PNP.
(cc) Short certificate of registration refers to a certificate issued by the FEO of the PNP for a
government official or employee who was issued by his/her employer department, agency or
government-owned or -controlled corporation a firearm covered by the long certificate of
registration.
(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.
(ee) Sports shooting competition refers to a defensive, precision or practical sport shooting
competition duly authorized by the FEO of the PNP.
(ff) Tampered, obliterated or altered firearm refers to any firearm whose serial number or other
identification or ballistics characteristics have been intentionally tampered with, obliterated or
altered without authority or in order to conceal its source, identity or ownership.
(gg) Thermal weapon sight refers to a battery operated, uncooled thermal imaging device which
amplifies available thermal signatures so that the viewed scene becomes clear to the operator
which is used to locate and engage targets during daylight and from low light to total darkness
and operates in adverse conditions such as light rain, light snow, and dry smoke or in conjunction
with other optical and red dot sights.

ARTICLE II
OWNERSHIP AND POSSESSION OF FIREARMS
SEC. 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 PNP-accredited 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.
SEC. 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.
SEC. 6. Ownership of Firearms by the National Government. All firearms owned by the National
Government shall be registered with the FEO of the PNP in the name of the Republic of the
Philippines. Such registration shall be exempt from all duties and taxes that may otherwise be
levied on other authorized owners of firearms. For reason of national security, firearms of the
Armed Forces of the Philippines (AFP), Coast Guard and other law enforcement agencies shall
only be reported to the FEO of the PNP.
SEC. 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
REGISTRATION AND LICENSING

SEC. 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.
SEC. 9. Licenses Issued to Individuals. Subject to the requirements set forth in this Act and
payment of required fees to be determined by the Chief of the PNP, a qualified individual may be
issued the appropriate license under the following categories;
Type 1 license allows a citizen to own and possess a maximum of two (2) registered firearms;
Type 2 license allows a citizen to own and possess a maximum of five (5) registered firearms;
Type 3 license allows a citizen to own and possess a maximum of ten (10) registered firearms;
Type 4 license allows a citizen to own and possess a maximum of fifteen (15) registered
firearms; and
Type 5 license allows a citizen, who is a certified gun collector, to own and possess more than
fifteen (15) registered firearms.
For Types 1 to 5 licenses, a vault or a container secured by lock and key or other security
measures for the safekeeping of firearms shall be required.
For Types 3 to 5 licenses, the citizen must comply with the inspection and bond requirements.
SEC. 10. Firearms That May Be Registered. Only small arms may be registered by licensed
citizens or licensed juridical entities for ownership, possession and concealed carry. A light
weapon shall be lawfully acquired or possessed exclusively by the AFP, the PNP and other law
enforcement agencies authorized by the President in the performance of their
duties: Provided, That private individuals who already have licenses to possess Class-A light
weapons upon the effectivity of this Act shall not be deprived of the privilege to continue
possessing the same and renewing the licenses therefor, for the sole reason that these firearms
are Class A light weapons, and shall be required to comply with other applicable provisions of
this Act.
SEC. 11. Registration of Firearms. The licensed citizen or licensed juridical entity shall register
his/her/its firearms so purchased with the FEO of the PNP in accordance with the type of license
such licensed citizen or licensed juridical entity possesses. A certificate of registration of the
firearm shall be issued upon payment of reasonable fees.
For purposes of this Act, registration refers to the application, approval, record-keeping and
monitoring of firearms with the FEO of the PNP in accordance with the type of license issued to
any person under Section 9 of this Act.
SEC. 12. License to Possess Ammunition Necessarily Included. The licenses granted to qualified
citizens or juridical entities as provided in Section 9 of this Act shall include the license to possess
ammunition with a maximum of fifty (50) rounds for each registered firearm: Provided; That the
FEO of the PNP may allow more ammunition to be possessed by licensed sports shooters.

SEC. 13. Issuance of License to Manufacture or Deal In Firearms and Ammunition. Any person
desiring to manufacture or deal in firearms, parts of firearms or ammunition thereof, or
instruments and implements used or intended to be used in the manufacture of firearms, parts of
firearms or ammunition, shall make an application to:
(a) The Secretary of the Department of the Interior and Local Government (DILG) in the case of
an application for a license to manufacture; and
(b) The Chief of the PNP in the case of a license to deal in firearms and firearms parts,
ammunition and gun repair.
The applicant shall state the amount of capitalization for manufacture or cost of the purchase and
sale of said articles intended to be transacted by such applicant; and the types of firms,
ammunition or implements which the applicant intends to manufacture or purchase and sell
under the license applied for; and such additional information as may be especially requested by
the Secretary of the DILG or the Chief of the PNP.
The Secretary of the DILG or the Chief of the PNP may approve or disapprove such application
based on the prescribed guidelines. In the case of approval, the Secretary of the DILG or the Chief
of the PNP shall indicate the amount of the bond to be executed by the applicant before the
issuance of the license and the period of time by which said license shall be effective, unless
sooner revoked by their authority.
Upon approval of the license to manufacture or otherwise deal in firearms by the Secretary of the
DILG or the Chief of the PNP as the case may be, the same shall be transmitted to the FEO of the
PNP which shall issue the license in accordance with the approved terms and conditions, upon the
execution and delivery by the applicant of the required bond conditioned upon the faithful
compliance on the part of the licensee to the laws and regulations relative to the business
licensed.
SEC. 14. Scope of License to Manufacture Firearms and Ammunition. The scope of the License
to Manufacture firearms and ammunition shall also include the following:
(a) The authority to manufacture and assemble firearms, ammunition, spare parts and
accessories, ammunition components, and reloading of ammunitions, within sites, areas, and
factories stated therein. The Secretary of the DILG shall approve such license;
(b) The license to deal in or sell all the items covered by the License to Manufacture, such as
parts, firearms or ammunition and components;
(c) The authority to subcontract the manufacturing of parts and accessories necessary for the
firearms which the manufacturer is licensed to manufacture: Provided, That the subcontractor of
major parts or major components is also licensed to manufacture firearms and ammunition; and
(d) The authority to import machinery, equipment, and firearm parts and ammunition
components for the manufacture thereof. Firearm parts and ammunition components to be
imported shall, however, be limited to those authorized to be manufactured as reflected in the
approved License to Manufacture. The Import Permit shall be under the administration of the PNP.

A licensed manufacturer of ammunition is also entitled to import various reference firearms


needed to test the ammunition manufactured under the License to Manufacture. A licensed
manufacturer of firearms, on the other hand, is entitled to import various firearms for reference,
test and evaluation for manufacture of similar, types of firearms covered by the License to
Manufacture.
An export permit shall, however, be necessary to export manufactured parts or finished products
of firearms and ammunition. The Export Permit of firearms and ammunition shall be under the
administration of the PNP.
SEC. 15. Registration of Locally Manufactured and Imported Firearms. Local manufacturers and
importers of firearms and major parts thereof shall register the same as follows:
(a) For locally manufactured firearms and major parts thereof, the initial registration shall be
done at the manufacturing facility:Provided, That firearms intended for export shall no longer be
subjected to ballistic identification procedures; and
(b) For imported firearms and major parts thereof, the registration shall be done upon arrival at
the FEO of the PNP storage facility.
SEC. 16. License and Scope of License to Deal. The License to Deal authorizes the purchase,
sale and general business in handling firearms and ammunition, major and minor parts of
firearms, accessories, spare parts, components, and reloading machines, which shall be issued by
the Chief of the PNP.
SEC. 17. License and Scope of License for Gunsmiths. The license for gunsmiths shall allow the
grantee to repair registered firearms. The license shall include customization of firearms from
finished or manufactured parts thereof on per order basis and not in commercial quantities and
making the minor parts thereof, i.e. pins, triggers, trigger bows, sights and the like only for the
purpose of repairing the registered firearm. The license for gunsmiths shall be issued by the Chief
of the PNP.
SEC. 18. Firearms for Use in Sports and Competitions. A qualified individual shall apply for a
permit to transport his/her registered firearm/s from his/her residence to the firing range/s and
competition sites as may be warranted.
SEC. 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

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FEO of the PNP, within six (6) months before the date of the expiration of such license or
registration.
SEC. 20. Inspection and Inventory. The Chief of the PNP or his/her authorized representative
shall require the submission of reports, inspect or examine the inventory and records of a
licensed manufacturer, dealer or importer of firearms and ammunition during reasonable hours.

ARTICLE IV
ACQUISITION, DEPOSIT OF FIREARMS, ABANDONED, DEMILITARIZED AND ANTIQUE
FIREARMS
SEC. 21. Acquisition or Purchase and Sale of Firearms and Ammunition. Firearms and
ammunition may only be acquired or purchased from authorized dealers, importers or local
manufacturers and may be transferred or sold only from a licensed citizen or licensed juridical
entity to another licensed citizen or licensed juridical entity: Provided, That, during election
periods, the sale and registration of firearms and ammunition and the issuance of the
corresponding licenses to citizens shall be allowed on the condition that the transport or delivery
thereof shall strictly comply with the issuances, resolutions, rules and regulations promulgated by
the Commission on Elections.
SEC. 22. Deposit of Firearms by Persons Arriving From Abroad. A person arriving in the
Philippines who is legally in possession of any firearm or ammunition in his/her country of origin
and who has declared the existence of the firearm upon embarkation and disembarkation but
whose firearm is not registered in the Philippines in accordance with this Act shall deposit the
same upon written receipt with the Collector of Customs for delivery to the FEO of the PNP for
safekeeping, or for the issuance of a permit to transport if the person is a competitor in a sports
shooting competition. If the importation of the same is allowed and the party in question desires
to obtain a domestic firearm license, the same should be undertaken in accordance with the
provisions of this Act. If no license is desired or leave to import is not granted, the firearm or
ammunition in question shall remain in the custody of the FEO of the PNP until otherwise
disposed of in-accordance with law.
SEC. 23. Return of Firearms to Owner upon Departure from the Philippines. Upon the departure
from the Philippines of any person whose firearm or ammunition is in the custody of the FEO of
the PNP, the same shall, upon timely request, be delivered to the person through the Collector of
Customs. In the case of a participant in a local sports shooting competition, the firearm must be
presented to the Collector of Customs before the same is allowed to be loaded on board the
carrier on which the person is to board.
SEC. 24. Safekeeping of Firearms and Ammunition. Any licensee may deposit a registered
firearm to the FEO of the PNP, or any Police Regional Office for safekeeping. Reasonable fees for
storage shall be imposed.
SEC. 25. Abandoned Firearms and Ammunition. Any firearm or ammunition deposited in the
custody of the FEO of the PNP pursuant to the provisions of this Act, shall be deemed to have
been abandoned by the owner or his/her authorized representative if he/she failed to reclaim the
same within five (5) years or failed to advise the FEO of the PNP of the disposition to be made
thereof. Thereafter, the FEO of the PNP may dispose of the same after compliance with
established procedures.

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SEC. 26. Death or Disability of Licensee. Upon the death or legal disability of the holder of a
firearm license, it shall be the duty of his/her next of kin, nearest relative, legal representative, or
other person who shall knowingly come into possession of such firearm or ammunition, to deliver
the same to the FEO of the PNP or Police Regional Office, and such firearm or ammunition shall be
retained by the police custodian pending the issuance of a license and its registration in
accordance, with this Act. The failure to deliver the firearm or ammunition within six (6) months
after the death or legal disability of the licensee shall render the possessor liable for illegal
possession of the firearm.
SEC. 27. Antique Firearm. Any person who possesses an antique firearm shall register the same
and secure a collectors license from the FEO of the PNP. Proper storage of antique firearm shall
be strictly imposed. Noncompliance of this provision shall be considered as illegal possession of
the firearm as penalized in this Act.

ARTICLE V
PENAL PROVISIONS
SEC. 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;

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(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.
SEC. 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 attemptedcoup 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.
SEC. 30. Liability of Juridical Person. The penalty of prision mayor in its minimum 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 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 section, or willfully or knowingly allow any of them to use unregistered firearm or
firearms without any legal authority to be carried outside of their residence in the course of their
employment.

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SEC. 31. Absence of Permit to Carry Outside of Residence. The penalty of prision
correccional and a fine of Ten thousand pesos (P10,000.00) shall be imposed upon any person
who is licensed to own a firearm but who shall carry the registered firearm outside his/her
residence without any legal authority therefor.
SEC. 32. Unlawful Manufacture, Importation, Sale or Disposition of Firearms or Ammunition or
Parts Thereof, Machinery, Tool or Instrument Used or Intended to be Used in the Manufacture of
Firearms, Ammunition or Parts Thereof. The penalty of reclusion temporal to reclusion
perpetua shall be imposed upon any person who shall unlawfully engage in the manufacture,
importation, sale or disposition of a firearm or ammunition, or a major part of a firearm or
ammunition, or machinery, tool or instrument used or intended to be used by the same person in
the manufacture of a firearm, ammunition, or a major part thereof.
The possession of any machinery, tool or instrument used directly in the manufacture of firearms,
ammunition, or major parts thereof by any person whose business, employment or activity does
not lawfully deal with the possession of such article, shall beprima facie evidence that such
article is intended to be used in the unlawful or illegal manufacture of firearms, ammunition or
parts thereof.
The penalty of prision mayor in its minimum period to prision mayor in its medium period shall be
imposed upon any laborer, worker or employee of a licensed firearms dealer who shall unlawfully
take, sell or otherwise dispose of parts of firearms or ammunition which the company
manufactures and sells, and other materials used by the company in the manufacture or sale of
firearms or ammunition. The buyer or possessor of such stolen part or material, who is aware that
such part or material was stolen, shall suffer the same penalty as the laborer, worker or
employee.
If the violation or offense is committed by a corporation, partnership, association or other juridical
entity, 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.
SEC. 33. Arms Smuggling. The penalty of reclusion perpetua shall be imposed upon any person
who shall engage or participate in arms smuggling as defined in this Act.
SEC. 34. Tampering, Obliteration or Alteration of Firearms Identification. The penalty of prision
correccional to prision mayor in its minimum period shall be imposed upon any person who shall
tamper, obliterate or alter without authority the barrel, slide, frame, receiver, cylinder, or bolt
assembly, including the name of the maker, model, or serial number of any firearm, or who shall
replace without authority the barrel, slide, frame, receiver, cylinder, or bolt assembly, including
its individual or peculiar identifying characteristics essential in forensic examination of a firearm
or light weapon.
The PNP shall place this information, including its individual or peculiar identifying characteristics
into the database of integrated firearms identification system of the PNP Crime Laboratory for
future use and identification of a particular firearm.
SEC. 35. Use of an Imitation Firearm. An imitation firearm used in the commission of a crime
shall be considered a real firearm as defined in this Act and the person who committed the crime
shall be punished in accordance with this Act: Provided, That injuries caused on the occasion of

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the conduct of competitions, sports, games, or any recreation activities involving imitation
firearms shall not be punishable under this Act.
SEC. 36. In Custodia Legis. During the pendency of any case filed in violation of this Act, seized
firearm, ammunition, or parts thereof, machinery, tools or instruments shall remain in the
custody of the court. If the court decides that it has no adequate means to safely keep the same,
the court shall issue an order to turn over to the PNP Crime Laboratory such firearm, ammunition,
or parts thereof, machinery, tools or instruments in its custody during the pendency of the case
and to produce the same to the court when so ordered. No bond shall be admitted for the release
of the firearm, ammunition or parts thereof, machinery, tool or instrument. Any violation of this
paragraph shall be punishable by prision mayor in its minimum period to prision mayor in its
medium period.
SEC. 37. Confiscation and Forfeiture. The imposition of penalty for any violation of this Act shall
carry with it the accessory penalty of confiscation and forfeiture of the firearm, ammunition, or
parts thereof, machinery, tool or instrument in favor of the government which shall be disposed
of in accordance with law.
SEC. 38. Liability for Planting Evidence. The penalty of prision mayor in its maximum period
shall be imposed upon any person who shall willfully and maliciously insert; place, and/or attach,
directly or indirectly, through any overt or covert act, any firearm, or ammunition, or parts
thereof in the person, house, effects, or in the immediate vicinity of an innocent individual for the
purpose of implicating or incriminating the person, or imputing the commission of any violation of
the provisions of this Act to said individual. If the person found guilty under this paragraph is a
public officer or employee, such person shall suffer the penalty of reclusion perpetua.
SEC. 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;

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(i) Noncompliance of reportorial requirements; and


(j) By virtue of a court order.
SEC. 40. Failure to Notify Lost or Stolen Firearm or Light Weapon. A fine of Ten thousand pesos
(P10,000.00) shall be imposed upon any licensed firearm holder who fails to report to the FEO of
the PNP that the subject firearm has been lost or stolen within a period of thirty (30) days from
the date of discovery.
Likewise, a fine of Five thousand pesos (P5,000.00) shall be imposed upon any person holding a
valid firearm license who changes residence or office address other than that indicated in the
license card and fails within a period of thirty (30) days from said transfer to notify the FEO of the
PNP of such change of address.
SEC. 41. Illegal Transfer/Registration of Firearms. It shall be unlawful to transfer possession of
any firearm to any person who has not yet obtained or secured the necessary license or permit
thereof.
The penalty of prision correccional shall be imposed upon any person who shall violate the
provision of the preceding paragraph. In addition, he/she shall be disqualified to apply for a
license to possess other firearms and all his/her existing firearms licenses whether for purposes
of commerce or possession, shall be revoked. If government-issued firearms, ammunition or
major parts of firearms or light weapons are unlawfully disposed, sold or transferred by any law
enforcement agent or public officer to private individuals, the penalty of reclusion temporal shall
be imposed.
Any public officer or employee or any person who shall facilitate the registration of a firearm
through fraud, deceit, misrepresentation or submission of falsified documents shall suffer the
penalty of prision correccional.

ARTICLE VI
FINAL PROVISIONS
SEC. 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.
SEC. 43. Final Amnesty. Persons in possession of unregistered firearms and holders of expired
license or unregistered firearms shall register and renew the same through the Final General
Amnesty within six (6) months from the promulgation of the implementing rules and regulations
of this Act. During the interim period of six (6) months, no person applying for license shall be
charged of any delinquent payment accruing to the firearm subject for registration. The PNP shall
conduct an intensive nationwide campaign to ensure that the general public is properly informed
of the provisions of this Act.
SEC. 44. Implementing Rules and Regulations. Within one hundred twenty (120) days from the
effectivity of this Act, the Chief of the PNP, after public hearings and consultation with concerned
sectors of society shall formulate the necessary rules and regulations for the effective

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implementation of this Act to be published in at least two (2) national newspapers of general
circulation.
SEC. 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.
SEC. 46. Separability Clause. If any provision of this Act or any part hereof is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain
valid and subsisting.
SEC. 47. Effectivity. This Act shall take effect after fifteen (15) days from its publication in a
newspaper of nationwide circulation.

[REPUBLIC ACT NO. 10173]


AN ACT PROTECTING INDIVIDUAL PERSONAL INFORMATION IN INFORMATION AND
COMMUNICATIONS SYSTEMS IN THE GOVERNMENT AND THE PRIVATE SECTOR,
CREATING FOR THIS PURPOSE A NATIONAL PRIVACY COMMISSION, AND FOR OTHER
PURPOSES
Be it enacted, by the Senate and House of Representatives of the Philippines in Congress
assembled:

CHAPTER I
GENERAL PROVISIONS
SECTION 1. Short Title. This Act shall be known as the Data Privacy Act of 2012.

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SEC. 2. Declaration of Policy. It is the policy of the State to protect the fundamental human right
of privacy, of communication while ensuring free flow of information to promote innovation and
growth. The State recognizes the vital role of information and communications technology in
nation-building and its inherent obligation to ensure that personal information in information and
communications systems in the government and in the private sector are secured and protected.
SEC. 3. Definition of Terms. Whenever used in this Act, the following terms shall have the
respective meanings hereafter set forth:
(a) Commission shall refer to the National Privacy Commission created by virtue of this Act.
(b) Consent of the data subject refers to any freely given, specific, informed indication of will,
whereby the data subject agrees to the collection and processing of personal information about
and/or relating to him or her. Consent shall be evidenced by written, electronic or recorded
means. It may also be given on behalf of the data subject by an agent specifically authorized by
the data subject to do so.
(c) Data subject refers to an individual whose personal information is processed.
(d) Direct marketing refers to communication by whatever means of any advertising or marketing
material which is directed to particular individuals.
(e) Filing system refers to any act of information relating to natural or juridical persons to the
extent that, although the information is not processed by equipment operating automatically in
response to instructions given for that purpose, the set is structured, either by reference to
individuals or by reference to criteria relating to individuals, in such a way that specific
information relating to a particular person is readily accessible.
(f) Information and Communications System refers to a system for generating, sending, receiving,
storing or otherwise processing electronic data messages or electronic documents and includes
the computer system or other similar device by or which data is recorded, transmitted or stored
and any procedure related to the recording, transmission or storage of electronic data, electronic
message, or electronic document.
(g) Personal information refers to any information whether recorded in a material form or not,
from which the identity of an individual is apparent or can be reasonably and directly ascertained
by the entity holding the information, or when put together with other information would directly
and certainly identify an individual.
(h) Personal information controller refers to a person or organization who controls the collection,
holding, processing or use of personal information, including a person or organization who
instructs another person or organization to collect, hold, process, use, transfer or disclose
personal information on his or her behalf. The term excludes:
(1) A person or organization who performs such functions as instructed by another person or
organization; and
(2) An individual who collects, holds, processes or uses personal information in connection with
the individuals personal, family or household affairs.

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(i) Personal information processor refers to any natural or juridical person qualified to act as such
under this Act to whom a personal information controller may outsource the processing of
personal data pertaining to a data subject.
(j) Processing refers to any operation or any set of operations performed upon personal
information including, but not limited to, the collection, recording, organization, storage, updating
or modification, retrieval, consultation, use, consolidation, blocking, erasure or destruction of
data.
(k) Privileged information refers to any and all forms of data which under the Rules of Court and
other pertinent laws constitute privileged communication.
(l) Sensitive personal information refers to personal information:
(1) About an individuals race, ethnic origin, marital status, age, color, and religious, philosophical
or political affiliations;
(2) About an individuals health, education, genetic or sexual life of a person, or to any
proceeding for any offense committed or alleged to have been committed by such person, the
disposal of such proceedings, or the sentence of any court in such proceedings;
(3) Issued by government agencies peculiar to an individual which includes, but not limited to,
social security numbers, previous or cm-rent health records, licenses or its denials, suspension or
revocation, and tax returns; and
(4) Specifically established by an executive order or an act of Congress to be kept classified.
SEC. 4. Scope. This Act applies to the processing of all types of personal information and to any
natural and juridical person involved in personal information processing including those personal
information controllers and processors who, although not found or established in the Philippines,
use equipment that are located in the Philippines, or those who maintain an office, branch or
agency in the Philippines subject to the immediately succeeding paragraph: Provided, That the
requirements of Section 5 are complied with.
This Act does not apply to the following:
(a) Information about any individual who is or was an officer or employee of a government
institution that relates to the position or functions of the individual, including:
(1) The fact that the individual is or was an officer or employee of the government institution;
(2) The title, business address and office telephone number of the individual;
(3) The classification, salary range and responsibilities of the position held by the individual; and
(4) The name of the individual on a document prepared by the individual in the course of
employment with the government;

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(b) Information about an individual who is or was performing service under contract for a
government institution that relates to the services performed, including the terms of the contract,
and the name of the individual given in the course of the performance of those services;
(c) Information relating to any discretionary benefit of a financial nature such as the granting of a
license or permit given by the government to an individual, including the name of the individual
and the exact nature of the benefit;
(d) Personal information processed for journalistic, artistic, literary or research purposes;
(e) Information necessary in order to carry out the functions of public authority which includes
the processing of personal data for the performance by the independent, central monetary
authority and law enforcement and regulatory agencies of their constitutionally and statutorily
mandated functions. Nothing in this Act shall be construed as to have amended or repealed
Republic Act No. 1405, otherwise known as the Secrecy of Bank Deposits Act; Republic Act No.
6426, otherwise known as the Foreign Currency Deposit Act; and Republic Act No. 9510,
otherwise known as the Credit Information System Act (CISA);
(f) Information necessary for banks and other financial institutions under the jurisdiction of the
independent, central monetary authority or Bangko Sentral ng Pilipinas to comply with Republic
Act No. 9510, and Republic Act No. 9160, as amended, otherwise known as the Anti-Money
Laundering Act and other applicable laws; and
(g) Personal information originally collected from residents of foreign jurisdictions in accordance
with the laws of those foreign jurisdictions, including any applicable data privacy laws, which is
being processed in the Philippines.
SEC. 5. Protection Afforded to Journalists and Their Sources. Nothing in this Act shall be
construed as to have amended or repealed the provisions of Republic Act No. 53, which affords
the publishers, editors or duly accredited reporters of any newspaper, magazine or periodical of
general circulation protection from being compelled to reveal the source of any news report or
information appearing in said publication which was related in any confidence to such publisher,
editor, or reporter.
SEC. 6. Extraterritorial Application. This Act applies to an act done or practice engaged in and
outside of the Philippines by an entity if:
(a) The act, practice or processing relates to personal information about a Philippine citizen or a
resident;
(b) The entity has a link with the Philippines, and the entity is processing personal information in
the Philippines or even if the processing is outside the Philippines as long as it is about Philippine
citizens or residents such as, but not limited to, the following:
(1) A contract is entered in the Philippines;
(2) A juridical entity unincorporated in the Philippines but has central management and control in
the country; and

20

(3) An entity that has a branch, agency, office or subsidiary in the Philippines and the parent or
affiliate of the Philippine entity has access to personal information; and
(c) The entity has other links in the Philippines such as, but not limited to:
(1) The entity carries on business in the Philippines; and
(2) The personal information was collected or held by an entity in the Philippines.

CHAPTER II
THE NATIONAL PRIVACY COMMISSION
SEC. 7. Functions of the National Privacy Commission. To administer and implement the
provisions of this Act, and to monitor and ensure compliance of the country with international
standards set for data protection, there is hereby created an independent body to be known as
the National Privacy Commission, winch shall have the following functions:
(a) Ensure compliance of personal information controllers with the provisions of this Act;
(b) Receive complaints, institute investigations, facilitate or enable settlement of complaints
through the use of alternative dispute resolution processes, adjudicate, award indemnity on
matters affecting any personal information, prepare reports on disposition of complaints and
resolution of any investigation it initiates, and, in cases it deems appropriate, publicize any such
report: Provided, That in resolving any complaint or investigation (except where amicable
settlement is reached by the parties), the Commission shall act as a collegial body. For this
purpose, the Commission may be given access to personal information that is subject of any
complaint and to collect the information necessary to perform its functions under this Act;
(c) Issue cease and desist orders, impose a temporary or permanent ban on the processing of
personal information, upon finding that the processing will be detrimental to national security and
public interest;
(d) Compel or petition any entity, government agency or instrumentality to abide by its orders or
take action on a matter affecting data privacy;
(e) Monitor the compliance of other government agencies or instrumentalities on their security
and technical measures and recommend the necessary action in order to meet minimum
standards for protection of personal information pursuant to this Act;
(f) Coordinate with other government agencies and the private sector on efforts to formulate and
implement plans and policies to strengthen the protection of personal information in the country;
(g) Publish on a regular basis a guide to all laws relating to data protection;
(h) Publish a compilation of agency system of records and notices, including index and other
finding aids;
(i) Recommend to the Department of Justice (DOJ) the prosecution and imposition of penalties
specified in Sections 25 to 29 of this Act;

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(j) Review, approve, reject or require modification of privacy codes voluntarily adhered to by
personal information controllers:Provided, That the privacy codes shall adhere to the underlying
data privacy principles embodied in this Act: Provided, further,That such privacy codes may
include private dispute resolution mechanisms for complaints against any participating personal
information controller. For this purpose, the Commission shall consult with relevant regulatory
agencies in the formulation and administration of privacy codes applying the standards set out in
this Act, with respect to the persons, entities, business activities and business sectors that said
regulatory bodies are authorized to principally regulate pursuant to the law: Provided, finally. That
the Commission may review such privacy codes and require changes thereto for purposes of
complying with this Act;
(k) Provide assistance on matters relating to privacy or data protection at the request of a
national or local agency, a private entity or any person;
(l) Comment on the implication on data privacy of proposed national or local statutes, regulations
or procedures, issue advisory opinions and interpret the provisions of this Act and other data
privacy laws;
(m) Propose legislation, amendments or modifications to Philippine laws on privacy or data
protection as may be necessary;
(n) Ensure proper and effective coordination with data privacy regulators in other countries and
private accountability agents, participate in international and regional initiatives for data privacy
protection;
(o) Negotiate and contract with other data privacy authorities of other countries for cross-border
application and implementation of respective privacy laws;
(p) Assist Philippine companies doing business abroad to respond to foreign privacy or data
protection laws and regulations; and
(q) Generally perform such acts as may be necessary to facilitate cross-border enforcement of
data privacy protection.
SEC. 8. Confidentiality. The Commission shall ensure at all times the confidentiality of any
personal information that comes to its knowledge and possession.
SEC. 9. Organizational Structure of the Commission. The Commission shall be attached to the
Department of Information and Communications Technology (DICT) and shall be headed by a
Privacy Commissioner, who shall also act as Chairman of the Commission. The Privacy
Commissioner shall be assisted by two (2) Deputy Privacy Commissioners, one to be responsible
for Data Processing Systems and one to be responsible for Policies and Planning. The Privacy
Commissioner and the two (2) Deputy Privacy Commissioners shall be appointed by the President
of the Philippines for a term of three (3) years, and may be reappointed for another term of three
(3) years. Vacancies in the Commission shall be filled in the same manner in which the original
appointment was made.
The Privacy Commissioner must be at least thirty-five (35) years of age and of good moral
character, unquestionable integrity and known probity, and a recognized expert in the field of

22

information technology and data privacy. The Privacy Commissioner shall enjoy the benefits,
privileges and emoluments equivalent to the rank of Secretary.
The Deputy Privacy Commissioners must be recognized experts in the field of information and
communications technology and data privacy. They shall enjoy the benefits, privileges and
emoluments equivalent to the rank of Undersecretary.
The Privacy Commissioner, the Deputy Commissioners, or any person acting on their behalf or
under their direction, shall not be civilly liable for acts done in good faith in the performance of
their duties. However, he or she shall be liable for willful or negligent acts done by him or her
which are contrary to law, morals, public policy and good customs even if he or she acted under
orders or instructions of superiors: Provided, That in case a lawsuit is filed against such official on
the subject of the performance of his or her duties, where such performance is lawful, he or she
shall be reimbursed by the Commission for reasonable costs of litigation.
SEC. 10. The Secretariat. The Commission is hereby authorized to establish a Secretariat.
Majority of the members of the Secretariat must have served for at least five (5) years in any
agency of the government that is involved in the processing of personal information including,
but not limited to, the following offices: Social Security System (SSS), Government Service
Insurance System (GSIS), Land Transportation Office (LTO), Bureau of Internal Revenue (BIR),
Philippine Health Insurance Corporation (PhilHealth), Commission on Elections (COMELEC),
Department of Foreign Affairs (DFA), Department of Justice (DOJ), and Philippine Postal
Corporation (Philpost).

CHAPTER III
PROCESSING OF PERSONAL INFORMATION
SEC. 11. General Data Privacy Principles. The processing of personal information shall be
allowed, subject to compliance with the requirements of this Act and other laws allowing
disclosure of information to the public and adherence to the principles of transparency, legitimate
purpose and proportionality.
Personal information must, be:
(a) Collected for specified and legitimate purposes determined and declared before, or as soon as
reasonably practicable after collection, and later processed in a way compatible with such
declared, specified and legitimate purposes only;
(b) Processed fairly and lawfully;
(c) Accurate, relevant and, where necessary for purposes for which it is to be used the processing
of personal information, kept up to date; inaccurate or incomplete data must be rectified,
supplemented, destroyed or their further processing restricted;
(d) Adequate and not excessive in relation to the purposes for which they are collected and
processed;
(e) Retained only for as long as necessary for the fulfillment of the purposes for which the data
was obtained or for the establishment, exercise or defense of legal claims, or for legitimate
business purposes, or as provided by law; and

23

(f) Kept in a form which permits identification of data subjects for no longer than is necessary for
the purposes for which the data were collected and processed: Provided, That personal
information collected for other purposes may lie processed for historical, statistical or scientific
purposes, and in cases laid down in law may be stored for longer periods: Provided, further,That
adequate safeguards are guaranteed by said laws authorizing their processing.
The personal information controller must ensure implementation of personal information
processing principles set out herein.
SEC. 12. Criteria for Lawful Processing of Personal Information. The processing of personal
information shall be permitted only if not otherwise prohibited by law, and when at least one of
the following conditions exists:
(a) The data subject has given his or her consent;
(b) The processing of personal information is necessary and is related to the fulfillment of a
contract with the data subject or in order to take steps at the request of the data subject prior to
entering into a contract;
(c) The processing is necessary for compliance with a legal obligation to which the personal
information controller is subject;
(d) The processing is necessary to protect vitally important interests of the data subject, including
life and health;
(e) The processing is necessary in order to respond to national emergency, to comply with the
requirements of public order and safety, or to fulfill functions of public authority which necessarily
includes the processing of personal data for the fulfillment of its mandate; or
(f) The processing is necessary for the purposes of the legitimate interests pursued by the
personal information controller or by a third party or parties to whom the data is disclosed,
except where such interests are overridden by fundamental rights and freedoms of the data
subject which require protection under the Philippine Constitution.
SEC. 13. Sensitive Personal Information and Privileged Information. The processing of sensitive
personal information and privileged information shall be prohibited, except in the following cases:
(a) The data subject has given his or her consent, specific to the purpose prior to the processing,
or in the case of privileged information, all parties to the exchange have given their consent prior
to processing;
(b) The processing of the same is provided for by existing laws and regulations: Provided, That
such regulatory enactments guarantee the protection of the sensitive personal information and
the privileged information: Provided, further, That the consent of the data subjects are not
required by law or regulation permitting the processing of the sensitive personal information or
the privileged information;

24

(c) The processing is necessary to protect the life and health of the data subject or another
person, and the data subject is not legally or physically able to express his or her consent prior to
the processing;
(d) The processing is necessary to achieve the lawful and noncommercial objectives of public
organizations and their associations: Provided, That such processing is only confined and related
to the bona fide members of these organizations or their associations: Provided, further, That the
sensitive personal information are not transferred to third parties: Provided, finally, That consent
of the data subject was obtained prior to processing;
(e) The processing is necessary for purposes of medical treatment, is carried out by a medical
practitioner or a medical treatment institution, and an adequate level of protection of personal
information is ensured; or
(f) The processing concerns such personal information as is necessary for the protection of lawful
rights and interests of natural or legal persons in court proceedings, or the establishment,
exercise or defense of legal claims, or when provided to government or public authority.
SEC. 14. Subcontract of Personal Information. A personal information controller may
subcontract the processing of personal information: Provided, That the personal information
controller shall be responsible for ensuring that proper safeguards are in place to ensure the
confidentiality of the personal information processed, prevent its use for unauthorized purposes,
and generally, comply with the requirements of this Act and other laws for processing of personal
information. The personal information processor shall comply with all the requirements of this Act
and other applicable laws.
SEC. 15. Extension of Privileged Communication. Personal information controllers may invoke
the principle of privileged communication over privileged information that they lawfully control or
process. Subject to existing laws and regulations, any evidence gathered on privileged
information is inadmissible.

CHAPTER IV
RIGHTS OF THE DATA SUBJECT
SEC. 16. Rights of the Data Subject. The data subject is entitled to:
(a) Be informed whether personal information pertaining to him or her shall be, are being or have
been processed;
(b) Be furnished the information indicated hereunder before the entry of his or her personal
information into the processing system of the personal information controller, or at the next
practical opportunity:
(1) Description of the personal information to be entered into the system;
(2) Purposes for which they are being or are to be processed;
(3) Scope and method of the personal information processing;
(4) The recipients or classes of recipients to whom they are or may be disclosed;

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(5) Methods utilized for automated access, if the same is allowed by the data subject, and the
extent to which such access is authorized;
(6) The identity and contact details of the personal information controller or its representative;
(7) The period for which the information will be stored; and
(8) The existence of their rights, i.e., to access, correction, as well as the right to lodge a
complaint before the Commission.
Any information supplied or declaration made to the data subject on these matters shall not be
amended without prior notification of data subject: Provided, That the notification under
subsection (b) shall not apply should the personal information be needed pursuant to
a subpoena or when the collection and processing are for obvious purposes, including when it is
necessary for the performance of or in relation to a contract or service or when necessary or
desirable in the context of an employer-employee relationship, between the collector and the
data subject, or when the information is being collected and processed as a result of legal
obligation;
(c) Reasonable access to, upon demand, the following:
(1) Contents of his or her personal information that were processed;
(2) Sources from which personal information were obtained;
(3) Names and addresses of recipients of the personal information;
(4) Manner by which such data were processed;
(5) Reasons for the disclosure of the personal information to recipients;
(6) Information on automated processes where the data will or likely to be made as the sole basis
for any decision significantly affecting or will affect the data subject;
(7) Date when his or her personal information concerning the data subject were last accessed
and modified; and
(8) The designation, or name or identity and address of the personal information controller;
(d) Dispute the inaccuracy or error in the personal information and have the personal information
controller correct it immediately and accordingly, unless the request is vexatious or otherwise
unreasonable. If the personal information have been corrected, the personal information
controller shall ensure the accessibility of both the new and the retracted information and the
simultaneous receipt of the new and the retracted information by recipients
thereof: Provided, That the third parties who have previously received such processed personal
information shall he informed of its inaccuracy and its rectification upon reasonable request of
the data subject;

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(e) Suspend, withdraw or order the blocking, removal or destruction of his or her personal
information from the personal information controllers filing system upon discovery and
substantial proof that the personal information are incomplete, outdated, false, unlawfully
obtained, used for unauthorized purposes or are no longer necessary for the purposes for which
they were collected. In this case, the personal information controller may notify third parties who
have previously received such processed personal information; and
(f) Be indemnified for any damages sustained due to such inaccurate, incomplete, outdated,
false, unlawfully obtained or unauthorized use of personal information.
SEC. 17. Transmissibility of Rights of the Data Subject. The lawful heirs and assigns of the data
subject may invoke the rights of the data subject for, which he or she is an heir or assignee at
any time after the death of the data subject or when the data subject is incapacitated or
incapable of exercising the rights as enumerated in the immediately preceding section.
SEC. 18. Right to Data Portability. The data subject shall have the right, where personal
information is processed by electronic means and in a structured and commonly used format, to
obtain from the personal information controller a copy of data undergoing processing in an
electronic or structured format, which is commonly used and allows for further use by the data
subject. The Commission may specify the electronic format referred to above, as well as the
technical standards, modalities and procedures for their transfer.
SEC. 19. Non-Applicability. The immediately preceding sections are not applicable if the
processed personal information are used only for the needs of scientific and statistical research
and, on the basis of such, no activities are carried out and no decisions are taken regarding the
data subject: Provided, That the personal information shall be held under strict confidentiality and
shall be used only for the declared purpose. Likewise, the immediately preceding sections are not
applicable to processing of personal information gathered for the purpose of investigations in
relation to any criminal, administrative or tax liabilities of a data subject.

CHAPTER V
SECURITY OF PERSONAL INFORMATION
SEC. 20. Security of Personal Information. (a) The personal information controller must
implement reasonable and appropriate organizational, physical and technical measures intended
for the protection of personal information against any accidental or unlawful destruction,
alteration and disclosure, as well as against any other unlawful processing.
(b) The personal information controller shall implement reasonable and appropriate measures to
protect personal information against natural dangers such as accidental loss or destruction, and
human dangers such as unlawful access, fraudulent misuse, unlawful destruction, alteration and
contamination.
(c) The determination of the appropriate level of security under this section must take into
account the nature of the personal information to be protected, the risks represented by the
processing, the size of the organization and complexity of its operations, current data privacy
best practices and the cost of security implementation. Subject to guidelines as the Commission
may issue from time to time, the measures implemented must include:
(1) Safeguards to protect its computer network against accidental, unlawful or unauthorized
usage or interference with or hindering of their functioning or availability;

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(2) A security policy with respect to the processing of personal information;


(3) A process for identifying and accessing reasonably foreseeable vulnerabilities in its computer
networks, and for taking preventive, corrective and mitigating action against security incidents
that can lead to a security breach; and
(4) Regular monitoring for security breaches and a process for taking preventive, corrective and
mitigating action against security incidents that can lead to a security breach.
(d) The personal information controller must further ensure that third parties processing personal
information on its behalf shall implement the security measures required by this provision.
(e) The employees, agents or representatives of a personal information controller who are
involved in the processing of personal information shall operate and hold personal information
under strict confidentiality if the personal information are not intended for public disclosure. This
obligation shall continue even after leaving the public service, transfer to another position or
upon termination of employment or contractual relations.
(f) The personal information controller shall promptly notify the Commission and affected data
subjects when sensitive personal information or other information that may, under the
circumstances, be used to enable identity fraud are reasonably believed to have been acquired
by an unauthorized person, and the personal information controller or the Commission believes
(bat such unauthorized acquisition is likely to give rise to a real risk of serious harm to any
affected data subject. The notification shall at least describe the nature of the breach, the
sensitive personal information possibly involved, and the measures taken by the entity to address
the breach. Notification may be delayed only to the extent necessary to determine the scope of
the breach, to prevent further disclosures, or to restore reasonable integrity to the information
and communications system.
(1) In evaluating if notification is unwarranted, the Commission may take into account compliance
by the personal information controller with this section and existence of good faith in the
acquisition of personal information.
(2) The Commission may exempt a personal information controller from notification where, in its
reasonable judgment, such notification would not be in the public interest or in the interests of
the affected data subjects.
(3) The Commission may authorize postponement of notification where it may hinder the
progress of a criminal investigation related to a serious breach.

CHAPTER VI
ACCOUNTABILITY FOR TRANSFER OF PERSONAL INFORMATION
SEC. 21. Principle of Accountability. Each personal information controller is responsible for
personal information under its control or custody, including information that have been
transferred to a third party for processing, whether domestically or internationally, subject to
cross-border arrangement and cooperation.
(a) The personal information controller is accountable for complying with the requirements of this
Act and shall use contractual or other reasonable means to provide a comparable level of
protection while the information are being processed by a third party.

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(b) The personal information controller shall designate an individual or individuals who are
accountable for the organizations compliance with this Act. The identity of the individual(s) so
designated shall be made known to any data subject upon request.

CHAPTER VII
SECURITY OF SENSITIVE PERSONAL INFORMATION IN GOVERNMENT
SEC 22. Responsibility of Heads of Agencies. All sensitive personal information maintained by
the government, its agencies and instrumentalities shall be secured, as far as practicable, with
the use of the most appropriate standard recognized by the information and communications
technology industry, and as recommended by the Commission. The head of each government
agency or instrumentality shall be responsible for complying with the security requirements
mentioned herein while the Commission shall monitor the compliance and may recommend the
necessary action in order to satisfy the minimum standards.
SEC. 23. Requirements Relating to Access by Agency Personnel to Sensitive Personal Information.
(a) On-site and Online Access Except as may be allowed through guidelines to be issued by
the Commission, no employee of the government shall have access to sensitive personal
information on government property or through online facilities unless the employee has received
a security clearance from the head of the source agency.
(b) Off-site Access Unless otherwise provided in guidelines to be issued by the Commission,
sensitive personal information maintained by an agency may not be transported or accessed
from a location off government property unless a request for such transportation or access is
submitted and approved by the head of the agency in accordance with the following guidelines:
(1) Deadline for Approval or Disapproval In the case of any request submitted to the head of an
agency, such head of the agency shall approve or disapprove the request within two (2) business
days after the date of submission of the request. In case there is no action by the head of the
agency, then such request is considered disapproved;
(2) Limitation to One thousand (1,000) Records If a request is approved, the head of the agency
shall limit the access to not more than one thousand (1,000) records at a time; and
(3) Encryption Any technology used to store, transport or access sensitive personal information
for purposes of off-site access approved under this subsection shall be secured by the use of the
most secure encryption standard recognized by the Commission.
The requirements of this subsection shall be implemented not later than six (6) months after the
date of the enactment of this Act.
SEC. 24. Applicability to Government Contractors. In entering into any contract that may involve
accessing or requiring sensitive personal information from one thousand (1,000) or more
individuals, an agency shall require a contractor and its employees to register their personal
information processing system with the Commission in accordance with this Act and to comply
with the other provisions of this Act including the immediately preceding section, in the same
manner as agencies and government employees comply with such requirements.

CHAPTER VIII
PENALTIES
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SEC. 25. Unauthorized Processing of Personal Information and Sensitive Personal Information.
(a) The unauthorized processing of personal information shall be penalized by imprisonment
ranging from one (1) year to three (3) years and a fine of not less than Five hundred thousand
pesos (Php500,000.00) but not more than Two million pesos (Php2,000,000.00) shall be imposed
on persons who process personal information without the consent of the data subject, or without
being authorized under this Act or any existing law.
(b) The unauthorized processing of personal sensitive information shall be penalized by
imprisonment ranging from three (3) years to six (6) years and a fine of not less than Five
hundred thousand pesos (Php500,000.00) but not more than Four million pesos
(Php4,000,000.00) shall be imposed on persons who process personal information without the
consent of the data subject, or without being authorized under this Act or any existing law.
SEC. 26. Accessing Personal Information and Sensitive Personal Information Due to Negligence.
(a) Accessing personal information due to negligence shall be penalized by imprisonment ranging
from one (1) year to three (3) years and a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than Two million pesos (Php2,000,000.00) shall be imposed on
persons who, due to negligence, provided access to personal information without being
authorized under this Act or any existing law.
(b) Accessing sensitive personal information due to negligence shall be penalized by
imprisonment ranging from three (3) years to six (6) years and a fine of not less than Five
hundred thousand pesos (Php500,000.00) but not more than Four million pesos
(Php4,000,000.00) shall be imposed on persons who, due to negligence, provided access to
personal information without being authorized under this Act or any existing law.
SEC. 27. Improper Disposal of Personal Information and Sensitive Personal Information. (a) The
improper disposal of personal information shall be penalized by imprisonment ranging from six
(6) months to two (2) years and a fine of not less than One hundred thousand pesos
(Php100,000.00) but not more than Five hundred thousand pesos (Php500,000.00) shall be
imposed on persons who knowingly or negligently dispose, discard or abandon the personal
information of an individual in an area accessible to the public or has otherwise placed the
personal information of an individual in its container for trash collection.
b) The improper disposal of sensitive personal information shall be penalized by imprisonment
ranging from one (1) year to three (3) years and a fine of not less than One hundred thousand
pesos (Php100,000.00) but not more than One million pesos (Php1,000,000.00) shall be imposed
on persons who knowingly or negligently dispose, discard or abandon the personal information of
an individual in an area accessible to the public or has otherwise placed the personal information
of an individual in its container for trash collection.
SEC. 28. Processing of Personal Information and Sensitive Personal Information for Unauthorized
Purposes. The processing of personal information for unauthorized purposes shall be penalized
by imprisonment ranging from one (1) year and six (6) months to five (5) years and a fine of not
less than Five hundred thousand pesos (Php500,000.00) but not more than One million pesos
(Php1,000,000.00) shall be imposed on persons processing personal information for purposes not
authorized by the data subject, or otherwise authorized under this Act or under existing laws.
The processing of sensitive personal information for unauthorized purposes shall be penalized by
imprisonment ranging from two (2) years to seven (7) years and a fine of not less than Five

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hundred thousand pesos (Php500,000.00) but not more than Two million pesos (Php2,000,000.00)
shall be imposed on persons processing sensitive personal information for purposes not
authorized by the data subject, or otherwise authorized under this Act or under existing laws.
SEC. 29. Unauthorized Access or Intentional Breach. The penalty of imprisonment ranging from
one (1) year to three (3) years and a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than Two million pesos (Php2,000,000.00) shall be imposed on
persons who knowingly and unlawfully, or violating data confidentiality and security data
systems, breaks in any way into any system where personal and sensitive personal information is
stored.
SEC. 30. Concealment of Security Breaches Involving Sensitive Personal Information. The
penalty of imprisonment of one (1) year and six (6) months to five (5) years and a fine of not less
than Five hundred thousand pesos (Php500,000.00) but not more than One million pesos
(Php1,000,000.00) shall be imposed on persons who, after having knowledge of a security breach
and of the obligation to notify the Commission pursuant to Section 20(f), intentionally or by
omission conceals the fact of such security breach.
SEC. 31. Malicious Disclosure. Any personal information controller or personal information
processor or any of its officials, employees or agents, who, with malice or in bad faith, discloses
unwarranted or false information relative to any personal information or personal sensitive
information obtained by him or her, shall be subject to imprisonment ranging from one (1) year
and six (6) months to five (5) years and a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than One million pesos (Php1,000,000.00).
SEC. 32. Unauthorized Disclosure. (a) Any personal information controller or personal
information processor or any of its officials, employees or agents, who discloses to a third party
personal information not covered by the immediately preceding section without the consent of
the data subject, shall he subject to imprisonment ranging from one (1) year to three (3) years
and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than One
million pesos (Php1,000,000.00).
(b) Any personal information controller or personal information processor or any of its officials,
employees or agents, who discloses to a third party sensitive personal information not covered by
the immediately preceding section without the consent of the data subject, shall be subject to
imprisonment ranging from three (3) years to five (5) years and a fine of not less than Five
hundred thousand pesos (Php500,000.00) but not more than Two million pesos
(Php2,000,000.00).
SEC. 33. Combination or Series of Acts. Any combination or series of acts as defined in Sections
25 to 32 shall make the person subject to imprisonment ranging from three (3) years to six (6)
years and a fine of not less than One million pesos (Php1,000,000.00) but not more than Five
million pesos (Php5,000,000.00).
SEC. 34. Extent of Liability. If the offender is a corporation, partnership or any juridical person,
the penalty shall be imposed upon the responsible officers, as the case may be, who participated
in, or by their gross negligence, allowed the commission of the crime. If the offender is a juridical
person, the court may suspend or revoke any of its rights under this Act. If the offender is an
alien, he or she shall, in addition to the penalties herein prescribed, be deported without further
proceedings after serving the penalties prescribed. If the offender is a public official or employee

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and lie or she is found guilty of acts penalized under Sections 27 and 28 of this Act, he or she
shall, in addition to the penalties prescribed herein, suffer perpetual or temporary absolute
disqualification from office, as the case may be.
SEC. 35. Large-Scale. The maximum penalty in the scale of penalties respectively provided for
the preceding offenses shall be imposed when the personal information of at least one hundred
(100) persons is harmed, affected or involved as the result of the above mentioned actions.
SEC. 36. Offense Committed by Public Officer. When the offender or the person responsible for
the offense is a public officer as defined in the Administrative Code of the Philippines in the
exercise of his or her duties, an accessory penalty consisting in the disqualification to occupy
public office for a term double the term of criminal penalty imposed shall he applied.
SEC. 37. Restitution. Restitution for any aggrieved party shall be governed by the provisions of
the New Civil Code.

CHAPTER IX
MISCELLANEOUS PROVISIONS
SEC. 38. Interpretation. Any doubt in the interpretation of any provision of this Act shall be
liberally interpreted in a manner mindful of the rights and interests of the individual about whom
personal information is processed.
SEC. 39. Implementing Rules and Regulations (IRR). Within ninety (90) days from the effectivity
of this Act, the Commission shall promulgate the rules and regulations to effectively implement
the provisions of this Act.
SEC. 40. Reports and Information. The Commission shall annually report to the President and
Congress on its activities in carrying out the provisions of this Act. The Commission shall
undertake whatever efforts it may determine to be necessary or appropriate to inform and
educate the public of data privacy, data protection and fair information rights and responsibilities.
SEC. 41. Appropriations Clause. The Commission shall be provided with an initial appropriation
of Twenty million pesos (Php20,000,000.00) to be drawn from the national government.
Appropriations for the succeeding years shall be included in the General Appropriations Act. It
shall likewise receive Ten million pesos (Php10,000,000.00) per year for five (5) years upon
implementation of this Act drawn from the national government.
SEC. 42. Transitory Provision. Existing industries, businesses and offices affected by the
implementation of this Act shall be given one (1) year transitory period from the effectivity of the
IRR or such other period as may be determined by the Commission, to comply with the
requirements of this Act.
In case that the DICT has not yet been created by the time the law takes full force and effect, the
National Privacy Commission shall be attached to the Office of the President.
SEC. 43. Separability Clause. If any provision or part hereof is held invalid or unconstitutional,
the remainder of the law or the provision not otherwise affected shall remain valid and subsisting.
SEC. 44. Repealing Clause. The provision of Section 7 of Republic Act No. 9372, otherwise
known as the Human Security Act of 2007, is hereby amended. Except as otherwise expressly

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provided in this Act, all other laws, decrees, executive orders, proclamations and administrative
regulations or parts thereof inconsistent herewith are hereby repealed or modified accordingly.
SEC. 45. Effectivity Clause. This Act shall take effect fifteen (15) days after its publication in at
least two (2) national newspapers of general circulation.

NEW FIREARMS LAW (REPUBLIC ACT 10591)


Republic Act No. 10591, an Act Providing for a Comprehensive Law on Firearms and Ammunition
and Providing Penalties for Violations thereof was signed into law on May 29, 2013.

Among the salient features of the new firearms law is its repeal of the sweeping no other
crime clause under the Sec.1 of P.D. 1866 as amended by R.A. 8294. A person is not liable for
violation of the old firearms law, (say, illegal possession of firearm) if he also committed another
crime (like violation of COMELEC gun ban or even a lighter offense of Alarms and Scandals under
the Revised Penal Code). Prior conviction in the other crime committed will obliterate ones
otherwise separate liability under the firearms law. In the old law, what is punished is the other
crime regardless if the use or possession of firearms is inherent or necessary in the commission
of that other crime.

Under the new law, the rules are different. The penalty for violation of the new firearms law,
particularly the use of loose firearms (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)is not imposed only when the
use of loose firearms is inherent in the commission of the other crime. In such case, the use
or possession of loose firearms is merely considered as an aggravating circumstance. Otherwise,
the use or possession of loose firearms and violation of other penal law shall be treated as
distinct crimes and will thus be punished separately. The new law expressly provides that if the
crime is committed without using the loose firearm, the violation of this Act [RA No. 10591] shall
be considered as a distinct and separate offense.

The new law further provides 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 for illegal
possession of firearm, the penalty for illegal possession of firearm shall be imposed IN LIEU OF
the penalty for the other crime charged. 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

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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.(Please refer to Section 29 of RA
10591)

Other salient provisions of the new are Sections 4, 7, 10, 21, 26

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