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 one’s 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 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)

If the violation of this Act is in furtherance of, or incident to, or in connection with the crime
of rebellion or insurrection, or attempted coup d’etat, such violation shall be absorbed as an
element of the crime of rebellion or insurrection, or attempted coup d’etat

A reading of the law highlights significant differences from its predecessors. It is, by far, more
comprehensive and well-thought of. It is more stringent in its requirements for issuance of
license, and a leap more rigorous for issuance of Permit to Carry Firearms Outside Residence
(PTCFOR). I know, because I have just gone through the process, and I haven’t finished yet.

It is more cumbersome now if you fail to renew your license within six (6) months before
expiry date. It will have the effect of NOT only revoking your license, but the registration of
your firearm as well, even if the latter is effective for four (4) years. This is a far cry from the
eight (8) years that it took for an unrenewed license to get revoked prior to this law, I was
told.

In case your license is revoked, and you intend to renew the same, you will be required to
submit, on top of NBI clearance and proof of billing (make sense but something I don’t
remember having to bother about in the past), a Letter of Explanation for failure to renew
the license. Your application for renewal will be evaluated taking into account the validity or
reasonability of your justification for failing to renew. A Resolution will be issued therefor, so
you can’t say it is simple procedure, you could actually be prevented from renewing your
license.

Failing twice, in succession, to renew the license or registration within the time allowed, will
perpetually bar you from applying for any firearm license.

This is how stringent the law is worded, but let’s await the guidance in the IRR.

 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 months from the promulgation of the implementing rules
and regulations of this Act. During the interim period of six months, no person applying
for license shall make a delinquent payment accruing to the firearm subject for
registration. 

Who May Be Issued a Firearm License?

As in most laws, if not all, there is entitlement and prohibition. Let’s discuss entitlement first
before we go to prohibition. Let’s look into the policy of the state declared in the law:

Section 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.

So we see there’s a colatilla on firearm possession and ownership – qualified citizen.

Who are Qualified Citizens?

ARTICLE 2 Section 4. Standards and Requisites for Issuance of and Obtaining a License to
Own and Possess Firearms. – In order to qualify and acquire a license to own and possess a
firearm or firearms and ammunition, the applicant must be a Filipino citizen, at least
twenty-one (21) years old AND has gainful work, occupation or business or has filed an
Income Tax Return (ITR) for the preceding year as proof of income, profession, business
or occupation.

In addition, the applicant shall submit the following certification issued by appropriate
authorities attesting the following:

(a) The applicant has not been convicted of any crime involving moral turpitude;

(b) The applicant has passed the psychiatric test administered by a 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.

What may be licensed by qualified citizens or licensed juridical entities: Only small arms.

 How can one retain ownership of high-powered firearms? Registration of unregistered

firearms and renewal of expired licenses, through a final general amnesty, without
making any delinquent payment and facing a penalty.  Private individuals who already
have licenses to possess Class A light weapons shall not be deprived of the privilege to
continue possessing the same and renewing the license.
 Possession of ammunition: License to possess up to 50 rounds for each registered
firearm
 How many licenses can be applied for?
 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 – maximum of 2 firearms
 Type 2 license – maximum of 5
 Type 3 license – maximum of 10
 Type 4 license -maximum of 15
 Type 5 license – allows a citizen, who is a certified gun collector, to own and possess
more than 15 firearms
 Penal provisions: If the violation of this Act is in furtherance of, or incident to, or in
connection with the crime of rebellion or insurrection, or attempted coup d’etat, such
violation shall be absorbed as an element of the crime of rebellion or insurrection, or
attempted coup d’etat.
 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 months from the promulgation of the implementing rules
and regulations of this Act. During the interim period of six months, no person applying
for license shall make a delinquent payment accruing to the firearm subject for
registration. 

OWNERSHIP AND POSSESSION OF FIREARMS

Subparagraph (a) makes sense. If a person has been convicted (I presume by final judgment to
reconcile with legal presumption of innocence), it is doubtful if it serves the policy of the
state of protecting its citizens if it allows him to possess or carry firearm/s, notwithstanding.
Although, the doctrine of non-sequitor taught us against concluding that one who has
committed a crime in the past will surely have committed a similar crime now or in the
future, it is certainly not the intent of the law to take a gamble on one’s innate character
(hoping it is immaculate), after having been convicted by final judgment, by putting a gun in
his hands for his self-defense than protect the rest who are presumed to be law-abiding.

But what is moral turpitude?

"Moral turpitude has been defined in Can v. Galing  citing In Re Basa and Tak Ng v. Republic
as everything which is done contrary to justice, modesty, or good morals; an act of baseness,
vileness or depravity in the private and social duties which a man owes his fellowmen, or to
society in general, contrary to justice, honesty, modesty or good morals.
This is not to say that all convictions of the crime of homicide do not involve moral turpitude.
Homicide may or may not involve moral turpitude depending on the degree of the crime.
Moral turpitude is not involved in every criminal act and is not shown by every known and
intentional violation of statute, but whether any particular conviction involves moral
turpitude may be a question of fact and frequently depends on all the surrounding
circumstances. While . . . generally but not always, crimes mala in se (inherently evil) involve
moral turpitude, while crimes mala prohibita (simply because the prohibits) do not, it cannot
always be ascertained whether moral turpitude does or does not exist by classifying a crime
as malum in se or as malum prohibitum, since there are crimes which are mala in se and yet
but rarely involve moral turpitude and there are crimes which involve moral turpitude and
are mala prohibita only. It follows therefore, that moral turpitude is somewhat a vague and
indefinite term, the meaning of which must be left to the process of judicial inclusion or
exclusion as the cases are reached." (IRRI v. NLRC and Nestor Micosa, G.R. No. 97239 May 12,
1993).

LEDESMA DE JESUS-PARAS v. QUINCIANO VAILOCES, A.C. No. 439             April 12,

1961, illustrates, albeit inexhaustively, what moral turpitude is in layman’s term:

"Among the examples given of crimes of this nature by former Chief Justice Moran are the
crime of seduction and the crime of concubinage. The crime of which respondent was
convicted is falsification of public document, which is indeed of this nature, for the act is
clearly contrary to justice, honesty and good morals. Hence, such crime involves moral
turpitude. Indeed, it is well-settled that "embezzlement, forgery, robbery, and swindling are
crimes which denote moral turpitude and, as a general rule, all crimes of which fraud is an
element are looked on as involving moral turpitude."

Subparagraphs (b), (c), and (d), while sensible, I doubt their integrity, especially drug
testing, knowing who operate these drug testing centers, you can’t really say if they are
reliable at all. For sure, this is money machine for operators.

Gun safety seminars by Gun Clubs? This is another life-saving design, but in reality, hardly
implemented. Gun dealers don’t care if buyers eventually attend to their gun clubs for
gun handling lessons. What when they’re paid already.

Subparagraph (f) may be replaced by NBI clearance, which is already a requirement as of this
writing.           

Subparagraph (g) makes the prosecutors relatively powerful. Note that even a pendency of a
criminal case carrying a penalty of more than two years disqualifies an applicant. Of course,
juridical entity, too, are entitled to possess and own firearms. They include security agencies
and LGUs.

Section 5. Ownership of Firearms and Ammunition by a Juridical Entity. – A juridical person

maintaining its own security force may be issued a regular license to own and possess firearms
and ammunition under the following conditions:

 (a) It must be Filipino-owned and duly registered with the Securities   and Exchange

Commission (SEC);

 (b) It is current, operational and a continuing concern;

 (c) It has completed and submitted all its reportorial requirements to the SEC; and

 (d) It has paid all its income taxes for the year, as duly certified by the Bureau of Internal
Revenue.

The application shall be made in the name of the juridical person represented by its President
or any of its officers mentioned below as duly authorized in a board resolution to that effect:
Provided, That the officer applying for the juridical entity, shall possess all the qualifications
required of a citizen applying for a license to possess firearms.

 
Other corporate officers eligible to represent the juridical person are: the vice president,
treasurer, and board secretary.

Security agencies and LGUs shall be included in this category of licensed holders but shall be
subject to additional requirements as may be required by the Chief of the PNP.

Section 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.

 Another privilege, and more important, of a qualified citizen is to carry firearms

outside residence, for which you have to secure a Permit to Carry firearms Outside
Residence (PTCFOR). Since only qualified persons get to enjoy the privilege, it
presupposes that for you to be issued a PTCFOR, you must be a license holder.
Possession of PTCFOR does not obviate the requirement of a license. The latter is a
prerequisite to a valid PTCFOR.

So who are qualified for PTCFOR?

Section 7. Carrying of Firearms Outside of Residence or Place of Business. – A permit to carry

firearms outside of residence shall be issued by the Chief of the PNP or his/her duly
authorized representative to any qualified person whose life is under actual threat or
his/her life is in imminent danger due to the nature of his/her profession, occupation or
business.

 It shall be the burden of the applicant to prove that his/her life is under actual threat
by submitting a threat assessment certificate from the PNP.

For purposes of this Act, the following professionals are considered to be in imminent danger
due to the nature of their profession, occupation or business:

(a) Members of the Philippine Bar;

(b) Certified Public Accountants;

(c) Accredited Media Practitioners;

(d) Cashiers, Bank Tellers;

(e) Priests, Ministers, Rabbi, Imams;

(f) Physicians and Nurses;

(g) Engineers; and

(h) Businessmen, who by the nature of their business or undertaking, are exposed to high risk
of being targets of criminal elements.

Having identified who the qualified persons are to the twin privilege of possession of firearm
(in and outside of residence), let us now discuss the prohibited acts and their corresponding
penalties.

ARTICLE V

PENAL PROVISIONS

Section 28. Unlawful Acquisition, or Possession of Firearms and Ammunition. – The unlawful

acquisition, possession of firearms and ammunition shall be penalized as follows:
(a) The penalty of prision mayor in its medium period shall be imposed upon any person who
shall unlawfully acquire or possess a small arm;

(b) The penalty of reclusion temporal to reclusion perpetua shall be imposed if three (3) or
more small arms or Class-A light weapons are unlawfully acquired or possessed by any person;

(c) The penalty of prision mayor in its maximum period shall be imposed upon any person who
shall unlawfully acquire or possess a Class-A light weapon;

(d) The penalty of reclusion perpetua shall be imposed upon any person who shall, unlawfully
acquire or possess a Class-B light weapon;

(e) The penalty of one (1) degree higher than that provided in paragraphs (a) to (c) in this
section shall be imposed upon any person who shall unlawfully possess any firearm under any
or combination of the following conditions:

(1) Loaded with ammunition or inserted with a loaded magazine;

(2) Fitted or mounted with laser or any gadget used to guide the shooter to hit the target
such as thermal weapon sight (TWS) and the like;

(3) Fitted or mounted with sniper scopes, firearm muffler or firearm silencer;

(4) Accompanied with an extra barrel; and

(5) Converted to be capable of firing full automatic bursts.

(f) The penalty of prision mayor in its minimum period shall be imposed upon any person who
shall unlawfully acquire or possess a major part of a small arm;

(g) The penalty of prision mayor in its minimum period shall be imposed upon any person who
shall unlawfully acquire or possess ammunition for a small arm or Class-A light weapon. If the
violation of this paragraph is committed by the same person charged with the unlawful
acquisition or possession of a small arm, the former violation shall be absorbed by the latter;

(h) The penalty of prision mayor in its medium period shall be imposed upon any person who
shall unlawfully acquire or possess a major part of a Class-A light weapon;

(i) The penalty of prision mayor in its medium period shall be imposed upon any person who
shall unlawfully acquire or possess ammunition for a Class-A light weapon. If the violation of
this paragraph is committed by the same person charged with the unlawful acquisition or
possession of a Class-A light weapon, the former violation shall be absorbed by the latter;

(j) The penalty of prision mayor in its maximum period shall be imposed upon any person who
shall unlawfully acquire or possess a major part of a Class-B light weapon; and

(k) The penalty of prision mayor in its maximum period shall be imposed upon any person who
shall unlawfully acquire or possess ammunition for a Class-B light weapon. If the violation of
this paragraph is committed by the same person charged with the unlawful acquisition or
possession of a Class-B light weapon, the former violation shall be absorbed by the latter.

Section 29. Use of Loose Firearm in the Commission of a Crime. – The use of a loose firearm,
when inherent in the commission of a crime punishable under the Revised Penal Code or other
special laws, shall be considered as an aggravating circumstance: Provided, That if the crime
committed with the use of a loose firearm is penalized by the law with a maximum penalty
which is lower than that prescribed in the preceding section for illegal possession of firearm,
the penalty for illegal possession of firearm shall be imposed in lieu of the penalty for the
crime charged: Provided, further, That if the crime committed with the use of a loose firearm
is penalized by the law with a maximum penalty which is equal to that imposed under the
preceding section for illegal possession of firearms, the penalty of prision mayor in its
minimum period shall be imposed in addition to the penalty for the crime punishable under
the Revised Penal Code or other special laws of which he/she is found guilty.
If the violation of this Act is in furtherance of, or incident to, or in connection with the crime
of rebellion of insurrection, or attempted coup d’ etat, such violation shall be absorbed as an
element of the crime of rebellion or insurrection, or attempted coup d’ etat.

If the crime is committed by the person without using the loose firearm, the violation of this
Act shall be considered as a distinct and separate offense.

Section 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.

Section 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.

Section 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 be prima 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.

Section 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.

Section 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.

Section 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 the conduct of competitions, sports, games, or any recreation activities involving
imitation firearms shall not be punishable under this Act.

Section 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.

 Section 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.

Section 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

Increased Penalties

The law highlights the shift in policy direction vis-à-vis penalties imposed for violation of gun
laws. The law has distinguished acquisition or possession from manufacture, importation,
sale, or disposition, of firearms or ammunition or any major parts thereof, tools, machinery
used or intended to be used in the manufacture of firearm or ammunition, or any major part
thereof.

In the former the law has maintained the penalty of prision mayor, but at varying degrees
depending on the classification thereof whether small arms, Class A-light, or Class-B light
weapons. It also increases the penalty by a degree if the firearm is loaded with ammunition or
magazine, fitted or mounted with sniper scopes, firearm muffler or silencer, with extra
barrel, or capable of firing automatic bursts.

In the latter, the law has increased the penalty to “reclusion temporal to reclusion perpetua”
for unlawful manufacture, importation, sale, or disposition of firearms or ammunition, or any
major parts thereof or machinery or tool used or intended to be used in the manufacture of
firearms of ammunition, or any major parts thereof.

Grounds for revocation and other miscellaneous provisions

Section 39. Grounds for Revocation, Cancellation or Suspension of License or Permit. – The

Chief of the PNP or his/her authorized representative may revoke, cancel or suspend a license
or permit on the following grounds:

(a) Commission of a crime or offense involving the firearm, ammunition, of major parts
thereof;
(b) Conviction of a crime involving moral turpitude or any offense where the penalty carries
an imprisonment of more than six (6) years;

(c) Loss of the firearm, ammunition, or any parts thereof through negligence;

(d) Carrying of the firearm, ammunition, or major parts thereof outside of residence or
workplace without, the proper permit to carry the same;

(e) Carrying of the firearm, ammunition, or major parts thereof in prohibited places;

(f) Dismissal for cause from the service in case of government official and employee;

(g) Commission of any of the acts penalized under Republic Act No. 9165, otherwise known as
the "Comprehensive Dangerous Drugs Act of 2002″;

(h) Submission of falsified documents or misrepresentation in the application to obtain a

license or permit;

(i) Noncompliance of reportorial requirements; and

(j) By virtue of a court order.

Section 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.

 Section 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.

Note that this law does not repeal the prior laws (particulary PD 1866, and RA 8294) on
firearms and ammunition in their entirety, so it helps to also read those laws
and articlesapplying to them.

The accused can be convicted of simple illegal possession of firearms, provided that “no
other crime was committed by the person arrested

                However, as to petitioner’s conviction for illegal possession of firearms, such

judgment must be set aside. We find that he can no longer be held liable for such offense
since another crime was committed, i.e., rape.
1. D. 1866, as amended by RA 8294, the law governing Illegal Possession of Firearms
provides:
            SECTION 1. Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of
Firearms or Ammunition Instruments Used or intended to be Used in the Manufacture of
Firearms or Ammunition. − The penalty of prision correccional in its maximum period and a
fine of not less than Fifteen thousand pesos (P15,000) shall be imposed upon any person who
shall unlawfully manufacture, deal in, acquire, dispose, or possess any low powered firearm,
such as rimfire handgun, .380 or .32 and other firearm of similar firepower, part of firearm,
ammunition, or machinery, tool or instrument used or intended to be used in the manufacture
of any firearm or ammunition: Provided, That no other crime was committed.
The penalty of prision mayor in its minimum period and a fine of Thirty thousand pesos
(P30,000) shall be imposed if the firearm is classified as high-powered firearm which includes
those with bores bigger in diameter than .38 caliber and 9 millimeter, such as caliber .40, .
41, .44, .45 and also lesser-calibered firearms but considered powerful, such as caliber .357
and caliber .22 center-fire magnum and other firearms with firing capability of full automatic
and by burst of two or three: Provided, however, That no other crime was committed by the
person arrested.
If homicide or murder is committed with the use of an unlicensed firearm, such use of an
unlicensed firearm shall be considered as an aggravating circumstance.

If the violation of this Section is in furtherance of or incident to, or in connection with the
crime of rebellion or insurrection, sedition, or attempted coup d’etat, such violation shall be
absorbed as an element of the crime of rebellion or insurrection, sedition, or attemptedcoup
d’état.
The same penalty shall be imposed upon the owner, president, manager, director or other
responsible officer of any public or private firm, company, corporation or entity, who shall
willfully or knowingly allow any of the firearms owned by such firm, company, corporation or
entity to be used by any person or persons found guilty of violating the provisions of the
preceding paragraphs or willfully or knowingly allow any of them to use, unlicensed firearms
or firearms without any legal authority to be carried outside of their residence in the course
of their employment.

The penalty of arresto mayor shall be imposed upon any person who shall carry any licensed
firearm outside his residence without legal authority therefor.
              In People v. Ladjaalam,[36] we laid down the correct interpretation of the law and
ruled:
x x x A simple reading thereof shows that if an unlicensed firearm is used in the commission
of any crime, there can be no separate offense of simple illegal possession of firearms.
Hence, if the “other crime” is murder or homicide, illegal possession of firearms becomes
merely an aggravating circumstance, not a separate offense. Since direct assault with
multiple attempted homicide was committed in this case, appellant can no longer be held
liable for illegal possession of firearms.

            Moreover, penal laws are construed liberally in favor of the accused. In this case, the
plain meaning of RA 8294’s simple language is most favorable to herein appellant. Verily, no
other interpretation is justified, for the language of the new law demonstrates the legislative
intent to favor the accused. Accordingly, appellant cannot be convicted of two separate
offenses of illegal possession of firearms and direct assault with attempted homicide.
Moreover, since the crime committed was direct assault and not homicide or murder, illegal
possession of firearms cannot be deemed an aggravating circumstance.
xxxx

x x x   The law is clear: the accused can be convicted of simple illegal possession of firearms,
provided that “no other crime was committed by the person arrested.” If the intention of the
law in the second paragraph were to refer only to homicide and murder, it should have
expressly said so, as it did in the third paragraph. Verily, where the law does not distinguish,
neither should we.[37]
          All told, we affirm petitioner’s conviction for the crime of rape. However, petitioner’s
conviction of illegal possession of firearms is set aside.

          Under Article 266-B of the Revised Penal Code, whenever the crime of rape is
committed with the use of a deadly weapon or by two or more persons, the penalty shall be
reclusion perpetua to death. The prosecution was able to sufficiently allege in the
Information, and establish during trial, that a gun was used in the commission of rape. Since
no aggravating or mitigating circumstance was established in the commission of the crime,
the lesser penalty shall be imposed.[38] Thus, we affirm the penalty of reclusion
perpetua meted by the courts below.

How and when liability for illegal possession of firearms attaches?

In dissecting how and when liability for illegal possession of firearms attaches, the following
disquisitions in People v. De Gracia [22] are instructive:

The rule is that ownership is not an essential element of illegal possession of firearms and
ammunition. What the law requires is merely possession which includes not only actual
physical possession but also constructive possession or the subjection of the thing to one’s
control and management. This has to be so if the manifest intent of the law is to be effective.
The same evils, the same perils to public security, which the law penalizes exist whether the
unlicensed holder of a prohibited weapon be its owner or a borrower. To accomplish the
object of this law the proprietary concept of the possession can have no bearing whatsoever.

But is the mere fact of physical or constructive possession sufficient to convict a person for
unlawful possession of firearms or must there be an intent to possess to constitute a
violation of the law? This query assumes significance since the offense of illegal possession of
firearms is a malum prohibitum punished by a special law, in which case good faith and
absence of criminal intent are not valid defenses.

When the crime is punished by a special law, as a rule, intent to commit the crime is not
necessary. It is sufficient that the offender has the intent to perpetrate the act prohibited
by the special law. Intent to commit the crime and intent to perpetrate the act must be
distinguished. A person may not have consciously intended to commit a crime; but he did
intend to commit an act, and that act is, by the very nature of things, the crime itself. In the
first (intent to commit the crime), there must be criminal intent; in the second (intent to
perpetrate the act) it is enough that the prohibited act is done freely and consciously.

In the present case, a distinction should be made between criminal intent and intent to
possess. While mere possession, without criminal intent, is sufficient to convict a person for
illegal possession of a firearm, it must still be shown that there was animus possidendi or an
intent to possess on the part of the accused. Such intent to possess is, however, without
regard to any other criminal or felonious intent which the accused may have harbored in
possessing the firearm. Criminal intent here refers to the intention of the accused to commit
an offense with the use of an unlicensed firearm. This is not important in convicting a person
under Presidential Decree No. 1866. Hence, in order that one may be found guilty of a
violation of the decree, it is sufficient that the accused had no authority or license to
possess a firearm, and that he intended to possess the same, even if such possession was
made in good faith and without criminal intent.

Concomitantly, a temporary, incidental, casual, or harmless possession or control of a firearm

cannot be considered a violation of a statute prohibiting the possession of this kind of
weapon, such as Presidential Decree No. 1866. Thus, although there is physical or
constructive possession, for as long as the animus possidendi is absent, there is no offense
committed.[23]

Certainly, illegal possession of firearms, or, in this case, part of a firearm, is committed when
the holder thereof:

(1) possesses a firearm or a part thereof

(2) lacks the authority or license to possess the firearm.[24]

We find that petitioner was neither in physical nor constructive possession of the subject
receivers. The testimony of SPO2 Nava clearly bared that he only saw Valerio on top of the
house when the receivers were thrown. None of the witnesses saw petitioner holding the
receivers, before or during their disposal.

At the very least, petitioner’s possession of the receivers was merely incidental because
Valerio, the one in actual physical possession, was seen at the rooftop of petitioner’s house.
Absent any evidence pointing to petitioner’s participation, knowledge or consent in Valerio’s
actions, she cannot be held liable for illegal possession of the receivers.

Petitioner’s apparent liability for illegal possession of part of a firearm can only proceed from
the assumption that one of the thrown receivers matches the gun seen tucked in the
waistband of her shorts earlier that night. Unfortunately, the prosecution failed to convert
such assumption into concrete evidence.

Mere speculations and probabilities cannot substitute for proof required to establish the guilt
of an accused beyond reasonable doubt. The rule is the same whether the offenses are
punishable under the Revised Penal Code, which are mala in se, or in crimes, which are
malum prohibitum by virtue of special law.[25] The quantum of proof required by law was not
adequately met in this case in so far as petitioner is concerned.

The gun allegedly seen tucked in petitioner’s waistband was not identified with sufficient
particularity; as such, it is impossible to match the same with any of the seized receivers.
Moreover, SPO1 Tan categorically stated that he saw Valerio holding two guns when he and
the rest of the PISOG arrived in petitioner’s house. It is not unlikely then that the receivers
later on discarded were components of the two (2) pistols seen with Valerio.

These findings also debunk the allegation in the information that petitioner conspired with
Valerio in committing illegal possession of part of a firearm. There is no evidence indubitably
proving that petitioner participated in the decision to commit the criminal act committed by
Valerio.

Hence, this Court is constrained to acquit petitioner on the ground of reasonable doubt. The
constitutional presumption of innocence in her favor was not adequately overcome by the
evidence adduced by the prosecution.

The CA correctly convicted Valerio with illegal possession of part of a firearm.

In illegal possession of a firearm, two (2) things must be shown to exist: (a) the existence of
the subject firearm; and (b) the fact that the accused who possessed the same does not have
the corresponding license for it.[26]

By analogy then, a successful conviction for illegal possession of part of a firearm must yield
these requisites:

(a) the existence of the part of the firearm; and

(b) the accused who possessed the same does not have the license for the firearm to which
the seized part/component corresponds.