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AN ACT DEFINING THE CRIME OF MONEY LAUNDERING, PROVIDING PENALTIES THEREFOR AND FOR OTHER

PURPOSES

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

SECTION 1. Short Title. – This Act shall be known as the "Anti-Money Laundering Act of 2001."

SEC. 2. Declaration of Policy. – It is hereby declared the policy of the State to protect and preserve the integrity and
confidentiality of bank accounts and to ensure that the Philippines shall not be used as a money laundering site for the
proceeds of any unlawful activity. Consistent with its foreign policy, the State shall extend cooperation in transnational
investigations and prosecutions of persons involved in money laundering activities wherever committed.

SEC. 3. Definitions. – For purposes of this Act, the following terms are hereby defined as follows:

(a) "Covered institution" refers to:

(1) banks, non-banks, quasi-banks, trust entities, and all other institutions and their subsidiaries and affiliates supervised
or regulated by the Bangko Sentral ng Pilipinas (BSP);

(2) insurance companies and all other institutions supervised or regulated by the Insurance Commission; and

(3) (i) securities dealers, brokers, salesmen, investment houses and other similar entities managing securities or rendering
services as investment agent, advisor, or consultant, (ii) mutual funds, close-end investment companies, common trust
funds, pre-need companies and other similar entities, (iii) foreign exchange corporations, money changers, money
payment, remittance, and transfer companies and other similar entities, and (iv) other entities administering or otherwise
dealing in currency, commodities or financial derivatives based thereon, valuable objects, cash substitutes and other
similar monetary instruments or property supervised or regulated by Securities and Exchange Commission and Exchange
Commission

(b) "Covered transaction" is a single, series, or combination of transactions involving a total amount in excess of Four
million Philippine pesos (Php4,000,000.00) or an equivalent amount in foreign currency based on the prevailing exchange
rate within five (5) consecutive banking days except those between a covered institution and a person who, at the time of
the transaction was a properly identified client and the amount is commensurate with the business or financial capacity of
the client; or those with an underlying legal or trade obligation, purpose, origin or economic justification.

It likewise refers to a single, series or combination or pattern of unusually large and complex transactions in excess of Four
million Philippine pesos (Php4,000,000.00) especially cash deposits and investments having no credible purpose or origin,
underlying trade obligation or contract.

(c) "Monetary instrument" refers to:

(1) coins or currency of legal tender of the Philippines, or of any other country;

(2) drafts, checks and notes;

(3) securities or negotiable instruments, bonds, commercial papers, deposit certificates, trust certificates, custodial
receipts or deposit substitute instruments, trading orders, transaction tickets and confirmations of sale or investments and
money market instruments; and

(4) other similar instruments where title thereto passes to another by endorsement, assignment or delivery.

(d) "Offender" refers to any person who commits a money laundering offense.

(e) "Person" refers to any natural or juridical person.


(f) "Proceeds" refers to an amount derived or realized from an unlawful activity.

(g) "Supervising Authority" refers to the appropriate supervisory or regulatory agency, department or office supervising or
regulating the covered institutions enumerated in Section 3(a).

(h) "Transaction" refers to any act establishing any right or obligation or giving rise to any contractual or legal relationship
between the parties thereto. It also includes any movement of funds by any means with a covered institution.

(i) "Unlawful activity" refers to any act or omission or series or combination thereof involving or having relation to the
following:

(1) Kidnapping for ransom under Article 267 of Act No. 3815, otherwise known as the Revised Penal Code, as amended;

(2) Sections 3, 4, 5, 7, 8 and 9 of Article Two of Republic Act No. 6425, as amended, otherwise known as the Dangerous
Drugs Act of 1972;

(3) Section 3 paragraphs B, C, E, G, H and I of Republic Act No. 3019, as amended; otherwise known as the Anti-Graft and
Corrupt Practices Act;

(4) Plunder under Republic Act No. 7080, as amended;

(5) Robbery and extortion under Articles 294, 295, 296, 299, 300, 301 and 302 of the Revised Penal Code, as amended;

(6) Jueteng and Masiao punished as illegal gambling under Presidential Decree No. 1602;

(7) Piracy on the high seas under the Revised Penal Code, as amended and Presidential Decree No. 532;

(8) Qualified theft under Article 310 of the Revised Penal Code, as amended;

(9) Swindling under Article 315 of the Revised Penal Code, as amended;

(10) Smuggling under Republic Act Nos. 455 and 1937;

(11) Violations under Republic Act No. 8792, otherwise known as the Electronic Commerce Act of 2000;

(12) Hijacking and other violations under Republic Act No. 6235; destructive arson and murder, as defined under the
Revised Penal Code, as amended, including those perpetrated by terrorists against non-combatant persons and similar
targets;

(13) Fraudulent practices and other violations under Republic Act No. 8799, otherwise known as the Securities Regulation
Code of 2000;

(14) Felonies or offenses of a similar nature that are punishable under the penal laws of other countries.

SEC. 4. Money Laundering Offense. – Money laundering is a crime whereby the proceeds of an unlawful activity are
transacted, thereby making them appear to have originated from legitimate sources. It is committed by the following:

(a) Any person knowing that any monetary instrument or property represents, involves, or relates to, the proceeds of any
unlawful activity, transacts or attempts to transact said monetary instrument or property.

(b) Any person knowing that any monetary instrument or property involves the proceeds of any unlawful activity, performs
or fails to perform any act as a result of which he facilitates the offense of money laundering referred to in paragraph (a)
above.
(c) Any person knowing that any monetary instrument or property is required under this Act to be disclosed and filed with
the Anti-Money Laundering Council (AMLC), fails to do so.

SEC. 5. Jurisdiction of Money Laundering Cases. – The regional trial courts shall have jurisdiction to try all cases on
money laundering. Those committed by public officers and private persons who are in conspiracy with such public officers
shall be under the jurisdiction of the Sandiganbayan.

SEC. 6. Prosecution of Money Laundering. –

(a) Any person may be charged with and convicted of both the offense of money laundering and the unlawful activity as
herein defined.

(b) Any proceeding relating to the unlawful activity shall be given precedence over the prosecution of any offense or
violation under this Act without prejudice to the freezing and other remedies provided.

SEC. 7. Creation of Anti-Money Laundering Council (AMLC). – The Anti-Money Laundering Council is hereby created
and shall be composed of the Governor of the Bangko Sentral ng Pilipinas as chairman, the Commissioner of the Insurance
Commission and the Chairman of the Securities and Exchange Commission as members. The AMLC shall act unanimously
in the discharge of its functions as defined hereunder:

(1) to require and receive covered transaction reports from covered institutions;

(2) to issue orders addressed to the appropriate Supervising Authority or the covered institution to determine the true
identity of the owner of any monetary instrument or property subject of a covered transaction report or request for
assistance from a foreign State, or believed by the Council, on the basis of substantial evidence, to be, in whole or in part,
wherever located, representing, involving, or related to, directly or indirectly, in any manner or by any means, the
proceeds of an unlawful activity;

(3) to institute civil forfeiture proceedings and all other remedial proceedings through the Office of the Solicitor General;

(4) to cause the filing of complaints with the Department of Justice or the Ombudsman for the prosecution of money
laundering offenses;

(5) to initiate investigations of covered transactions, money laundering activities and other violations of this Act;

(6) to freeze any monetary instrument or property alleged to be proceeds of any unlawful activity;

(7) to implement such measures as may be necessary and justified under this Act to counteract money laundering;

(8) to receive and take action in respect of, any request from foreign states for assistance in their own anti-money
laundering operations provided in this Act;

(9) to develop educational programs on the pernicious effects of money laundering, the methods and techniques used in
money laundering, the viable means of preventing money laundering and the effective ways of prosecuting and punishing
offenders; and

(10) to enlist the assistance of any branch, department, bureau, office, agency or instrumentality of the government,
including government-owned and -controlled corporations, in undertaking any and all anti-money laundering operations,
which may include the use of its personnel, facilities and resources for the more resolute prevention, detection and
investigation of money laundering offenses and prosecution of offenders.

SEC. 8. Creation of a Secretariat. – The AMLC is hereby authorized to establish a secretariat to be headed by an
Executive Director who shall be appointed by the Council for a term of five (5) years. He must be a member of the
Philippine Bar, at least thirty-five (35) years of age and of good moral character, unquestionable integrity and known
probity. All members of the Secretariat must have served for at least five (5) years either in the Insurance Commission,
the Securities and Exchange Commission or the Bangko Sentral ng Pilipinas (BSP) and shall hold full-time permanent
positions within the BSP.

SEC. 9. Prevention of Money Laundering; Customer Identification Requirements and Record Keeping.

(a) Customer Identification. - Covered institutions shall establish and record the true identity of its clients based on official
documents. They shall maintain a system of verifying the true identity of their clients and, in case of corporate clients,
require a system of verifying their legal existence and organizational structure, as well as the authority and identification of
all persons purporting to act on their behalf.The provisions of existing laws to the contrary notwithstanding, anonymous
accounts, accounts under fictitious names, and all other similar accounts shall be absolutely prohibited. Peso and foreign
currency non-checking numbered accounts shall be allowed. The BSP may conduct annual testing solely limited to the
determination of the existence and true identity of the owners of such accounts.

(b) Record Keeping. - All records of all transactions of covered institutions shall be maintained and safely stored for five (5)
years from the dates of transactions. With respect to closed accounts, the records on customer identification, account files
and business correspondence, shall be preserved and safely stored for at least five (5) years from the dates when they
were closed.

(c) Reporting of Covered Transactions. - Covered institutions shall report to the AMLC all covered transactions within five
(5) working days from occurrence thereof, unless the Supervising Authority concerned prescribes a longer period not
exceeding ten (10) working days.

When reporting covered transactions to the AMLC, covered institutions and their officers, employees, representatives,
agents, advisors, consultants or associates shall not be deemed to have violated Republic Act No. 1405, as amended;
Republic Act No. 6426, as amended; Republic Act No. 8791 and other similar laws, but are prohibited from communicating,
directly or indirectly, in any manner or by any means, to any person the fact that a covered transaction report was made,
the contents thereof, or any other information in relation thereto. In case of violation thereof, the concerned officer,
employee, representative, agent, advisor, consultant or associate of the covered institution, shall be criminally liable.
However, no administrative, criminal or civil proceedings, shall lie against any person for having made a covered
transaction report in the regular performance of his duties and in good faith, whether or not such reporting results in any
criminal prosecution under this Act or any other Philippine law.

When reporting covered transactions to the AMLC, covered institutions and their officers, employees, representatives,
agents, advisors, consultants or associates are prohibited from communicating, directly or indirectly, in any manner or by
any means, to any person, entity, the media, the fact that a covered transaction report was made, the contents thereof, or
any other information in relation thereto. Neither may such reporting be published or aired in any manner or form by the
mass media, electronic mail, or other similar devices. In case of violation thereof, the concerned officer, employee,
representative, agent, advisor, consultant or associate of the covered institution, or media shall be held criminally liable.

SEC. 10. Authority to Freeze. – Upon determination that probable cause exists that any deposit or similar account is in
any way related to an unlawful activity, the AMLC may issue a freeze order, which shall be effective immediately, on the
account for a period not exceeding fifteen (15) days. Notice to the depositor that his account has been frozen shall be
issued simultaneously with the issuance of the freeze order. The depositor shall have seventy-two (72) hours upon receipt
of the notice to explain why the freeze order should be lifted. The AMLC has seventy-two (72) hours to dispose of the
depositor’s explanation. If it fails to act within seventy-two (72) hours from receipt of the depositor’s explanation, the
freeze order shall automatically be dissolved. The fifteen (15)-day freeze order of the AMLC may be extended upon order
of the court, provided that the fifteen (15)-day period shall be tolled pending the court’s decision to extend the period.

No court shall issue a temporary restraining order or writ of injunction against any freeze order issued by the AMLC except
the Court of Appeals or the Supreme Court.

SEC. 11. Authority to Inquire into Bank Deposits. – Notwithstanding the provisions of Republic Act No. 1405, as
amended; Republic Act No. 6426, as amended; Republic Act No. 8791, and other laws, the AMLC may inquire into or
examine any particular deposit or investment with any banking institution or non-bank financial institution upon order of
any competent court in cases of violation of this Act when it has been established that there is probable cause that the
deposits or investments involved are in any way related to a money laundering offense: Provided, That this provision shall
not apply to deposits and investments made prior to the effectivity of this Act.
SEC. 12. Forfeiture Provisions. –

(a) Civil Forfeiture. - When there is a covered transaction report made, and the court has, in a petition filed for the purpose
ordered seizure of any monetary instrument or property, in whole or in part, directly or indirectly, related to said report,
the Revised Rules of Court on civil forfeiture shall apply.

(b) Claim on Forfeited Assets. - Where the court has issued an order of forfeiture of the monetary instrument or property
in a criminal prosecution for any money laundering offense defined under Section 4 of this Act, the offender or any other
person claiming an interest therein may apply, by verified petition, for a declaration that the same legitimately belongs to
him and for segregation or exclusion of the monetary instrument or property corresponding thereto. The verified petition
shall be filed with the court which rendered the judgment of conviction and order of forfeiture, within fifteen (15) days
from the date of the order of forfeiture, in default of which the said order shall become final and executory. This provision
shall apply in both civil and criminal forfeiture.

(c) Payment in Lieu of Forfeiture. - Where the court has issued an order of forfeiture of the monetary instrument or
property subject of a money laundering offense defined under Section 4, and said order cannot be enforced because any
particular monetary instrument or property cannot, with due diligence, be located, or it has been substantially altered,
destroyed, diminished in value or otherwise rendered worthless by any act or omission, directly or indirectly, attributable
to the offender, or it has been concealed, removed, converted or otherwise transferred to prevent the same from being
found or to avoid forfeiture thereof, or it is located outside the Philippines or has been placed or brought outside the
jurisdiction of the court, or it has been commingled with other monetary instruments or property belonging to either the
offender himself or a third person or entity, thereby rendering the same difficult to identify or be segregated for purposes
of forfeiture, the court may, instead of enforcing the order of forfeiture of the monetary instrument or property or part
thereof or interest therein, accordingly order the convicted offender to pay an amount equal to the value of said monetary
instrument or property. This provision shall apply in both civil and criminal forfeiture.

SEC. 13. Mutual Assistance among States. –

(a) Request for Assistance from a Foreign State. - Where a foreign State makes a request for assistance in the
investigation or prosecution of a money laundering offense, the AMLC may execute the request or refuse to execute the
same and inform the foreign State of any valid reason for not executing the request or for delaying the execution thereof.
The principles of mutuality and reciprocity shall, for this purpose, be at all times recognized.

(b) Powers of the AMLC to Act on a Request for Assistance from a Foreign State. - The AMLC may execute a request for
assistance from a foreign State by: (1) tracking down, freezing, restraining and seizing assets alleged to be proceeds of
any unlawful activity under the procedures laid down in this Act; (2) giving information needed by the foreign State within
the procedures laid down in this Act; and (3) applying for an order of forfeiture of any monetary instrument or property in
the court: Provided, That the court shall not issue such an order unless the application is accompanied by an authenticated
copy of the order of a court in the requesting State ordering the forfeiture of said monetary instrument or property of a
person who has been convicted of a money laundering offense in the requesting State, and a certification or an affidavit of
a competent officer of the requesting State stating that the conviction and the order of forfeiture are final and that no
further appeal lies in respect of either.

(c) Obtaining Assistance from Foreign States. - The AMLC may make a request to any foreign State for assistance in (1)
tracking down, freezing, restraining and seizing assets alleged to be proceeds of any unlawful activity; (2) obtaining
information that it needs relating to any covered transaction, money laundering offense or any other matter directly or
indirectly related thereto; (3) to the extent allowed by the law of the foreign State, applying with the proper court therein
for an order to enter any premises belonging to or in the possession or control of, any or all of the persons named in said
request, and/or search any or all such persons named therein and/or remove any document, material or object named in
said request: Provided, That the documents accompanying the request in support of the application have been duly
authenticated in accordance with the applicable law or regulation of the foreign State; and (4) applying for an order of
forfeiture of any monetary instrument or property in the proper court in the foreign State: Provided, That the request is
accompanied by an authenticated copy of the order of the regional trial court ordering the forfeiture of said monetary
instrument or property of a convicted offender and an affidavit of the clerk of court stating that the conviction and the
order of forfeiture are final and that no further appeal lies in respect of either.
(d) Limitations on Requests for Mutual Assistance. - The AMLC may refuse to comply with any request for assistance where
the action sought by the request contravenes any provision of the Constitution or the execution of a request is likely to
prejudice the national interest of the Philippines unless there is a treaty between the Philippines and the requesting State
relating to the provision of assistance in relation to money laundering offenses.

(e) Requirements for Requests for Mutual Assistance from Foreign States. - A request for mutual assistance from a foreign
State must (1) confirm that an investigation or prosecution is being conducted in respect of a money launderer named
therein or that he has been convicted of any money laundering offense; (2) state the grounds on which any person is
being investigated or prosecuted for money laundering or the details of his conviction; (3) give sufficient particulars as to
the identity of said person; (4) give particulars sufficient to identify any covered institution believed to have any
information, document, material or object which may be of assistance to the investigation or prosecution; (5) ask from the
covered institution concerned any information, document, material or object which may be of assistance to the
investigation or prosecution; (6) specify the manner in which and to whom said information, document, material or object
obtained pursuant to said request, is to be produced; (7) give all the particulars necessary for the issuance by the court in
the requested State of the writs, orders or processes needed by the requesting State; and (8) contain such other
information as may assist in the execution of the request.

(f) Authentication of Documents. - For purposes of this Section, a document is authenticated if the same is signed or
certified by a judge, magistrate or equivalent officer in or of, the requesting State, and authenticated by the oath or
affirmation of a witness or sealed with an official or public seal of a minister, secretary of State, or officer in or of, the
government of the requesting State, or of the person administering the government or a department of the requesting
territory, protectorate or colony. The certificate of authentication may also be made by a secretary of the embassy or
legation, consul general, consul, vice consul, consular agent or any officer in the foreign service of the Philippines stationed
in the foreign State in which the record is kept, and authenticated by the seal of his office.

(g) Extradition. - The Philippines shall negotiate for the inclusion of money laundering offenses as herein defined among
extraditable offenses in all future treaties.

SEC. 14. Penal Provisions. –

(a) Penalties for the Crime of Money Laundering. The penalty of imprisonment ranging from seven (7) to fourteen (14)
years and a fine of not less than Three million Philippine pesos (Php 3,000,000.00) but not more than twice the value of
the monetary instrument or property involved in the offense, shall be imposed upon a person convicted under Section 4(a)
of this Act.

The penalty of imprisonment from four (4) to seven (7) years and a fine of not less than One million five hundred thousand
Philippine pesos (Php1,500,000.00) but not more than Three million Philippine pesos (Php3,000,000.00), shall be imposed
upon a person convicted under Section 4(b) of this Act.

The penalty of imprisonment from six (6) months to four (4) years or a fine of not less than One hundred thousand
Philippine pesos (Php100,000.00) but not more than Five hundred thousand Philippine pesos (Php500,000.00), or both,
shall be imposed on a person convicted under Section 4(c) of this Act.

(b) Penalties for Failure to Keep Records. The penalty of imprisonment from six (6) months to one (1) year or a fine of not
less than One hundred thousand Philippine pesos (Php100,000.00) but not more than Five hundred thousand Philippine
pesos (Php500,000.00), or both, shall be imposed on a person convicted under Section 9(b) of this Act.

(c) Malicious Reporting. Any person who, with malice, or in bad faith, reports or files a completely unwarranted or false
information relative to money laundering transaction against any person shall be subject to a penalty of six (6) months to
four (4) years imprisonment and a fine of not less than One hundred thousand Philippine pesos (Php100, 000.00) but not
more than Five hundred thousand Philippine pesos (Php500, 000.00), at the discretion of the court: Provided, That the
offender is not entitled to avail the benefits of the Probation Law.

If the offender is a corporation, association, partnership or any juridical person, the penalty shall be imposed upon the
responsible officers, as the case may be, who participated in the commission of the crime or who shall have knowingly
permitted or failed to prevent its commission. If the offender is a juridical person, the court may suspend or revoke its
license. If the offender is an alien, he shall, in addition to the penalties herein prescribed, be deported without further
proceedings after serving the penalties herein prescribed. If the offender is a public official or employee, he shall, in
addition to the penalties prescribed herein, suffer perpetual or temporary absolute disqualification from office, as the case
may be.

Any public official or employee who is called upon to testify and refuses to do the same or purposely fails to testify shall
suffer the same penalties prescribed herein.

(d) Breach of Confidentiality. The punishment of imprisonment ranging from three (3) to eight (8) years and a fine of not
less than Five hundred thousand Philippine pesos (Php500,000.00) but not more than One million Philippine pesos
(Php1,000,000.00), shall be imposed on a person convicted for a violation under Section 9(c).

SEC. 15. System of Incentives and Rewards. – A system of special incentives and rewards is hereby established to be
given to the appropriate government agency and its personnel that led and initiated an investigation, prosecution and
conviction of persons involved in the offense penalized in Section 4 of this Act.

SEC. 16. Prohibitions Against Political Harassment. – This Act shall not be used for political persecution or
harassment or as an instrument to hamper competition in trade and commerce.

No case for money laundering may be filed against and no assets shall be frozen, attached or forfeited to the prejudice of a
candidate for an electoral office during an election period.

SEC. 17. Restitution. – Restitution for any aggrieved party shall be governed by the provisions of the New Civil Code.

SEC. 18. Implementing Rules and Regulations. – Within thirty (30) days from the effectivity of this Act, the Bangko
Sentral ng Pilipinas, the Insurance Commission and the Securities and Exchange Commission shall promulgate the rules
and regulations to implement effectively the provisions of this Act. Said rules and regulations shall be submitted to the
Congressional Oversight Committee for approval.

Covered institutions shall formulate their respective money laundering prevention programs in accordance with this Act
including, but not limited to, information dissemination on money laundering activities and its prevention, detection and
reporting, and the training of responsible officers and personnel of covered institutions.

SEC. 19. Congressional Oversight Committee. – There is hereby created a Congressional Oversight Committee
composed of seven (7) members from the Senate and seven (7) members from the House of Representatives. The
members from the Senate shall be appointed by the Senate President based on the proportional representation of the
parties or coalitions therein with at least two (2) Senators representing the minority. The members from the House of
Representatives shall be appointed by the Speaker also based on proportional representation of the parties or coalitions
therein with at least two (2) members representing the minority.

The Oversight Committee shall have the power to promulgate its own rules, to oversee the implementation of this Act, and
to review or revise the implementing rules issued by the Anti-Money Laundering Council within thirty (30) days from the
promulgation of the said rules.

SEC. 20. Appropriations Clause. – The AMLC shall be provided with an initial appropriation of Twenty-five million
Philippine pesos (Php25,000,000.00) to be drawn from the national government. Appropriations for the succeeding years
shall be included in the General Appropriations Act.

SEC. 21. Separability Clause. – If any provision or section of this Act or the application thereof to any person or
circumstance is held to be invalid, the other provisions or sections of this Act, and the application of such provision or
section to other persons or circumstances, shall not be affected thereby.

SEC. 22. Repealing Clause. – All laws, decrees, executive orders, rules and regulations or parts thereof, including the
relevant provisions of Republic Act No. 1405, as amended; Republic Act No. 6426, as amended; Republic Act No. 8791, as
amended and other similar laws, as are inconsistent with this Act, are hereby repealed, amended or modified accordingly.
Section 1. Title. - This Act shall be known as the "Special Protection of Children Against Abuse, Exploitation and

Discrimination Act."

Sec. 2. Declaration of State Policy and Principles. - It is hereby declared to be the policy of the State to provide

special protection to children from all firms of abuse, neglect, cruelty exploitation and discrimination and other conditions,

prejudicial their development; provide sanctions for their commission and carry out a program for prevention and

deterrence of and crisis intervention in situations of child abuse, exploitation and discrimination. The State shall intervene

on behalf of the child when the parent, guardian, teacher or person having care or custody of the child fails or is unable to

protect the child against abuse, exploitation and discrimination or when such acts against the child are committed by the

said parent, guardian, teacher or person having care and custody of the same.

It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by circumstances

which affect or will affect their survival and normal development and over which they have no control.

The best interests of children shall be the paramount consideration in all actions concerning them, whether undertaken by

public or private social welfare institutions, courts of law, administrative authorities, and legislative bodies, consistent with

the principle of First Call for Children as enunciated in the United Nations Convention of the Rights of the Child. Every effort

shall be exerted to promote the welfare of children and enhance their opportunities for a useful and happy life.

Sec. 3. Definition of Terms. -

(a) "Children" refers to person below eighteen (18) years of age or those over but are unable to fully take care of

themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or

mental disability or condition;

(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes any of the following:

(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;

(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human

being;

(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or

(4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth and

development or in his permanent incapacity or death.

(c) "Circumstances which gravely threaten or endanger the survival and normal development of children"

include, but are not limited to, the following:

(1) Being in a community where there is armed conflict or being affected by armed conflict-related activities;
(2) Working under conditions hazardous to life, safety and normal which unduly interfere with their normal development;

(3) Living in or fending for themselves in the streets of urban or rural areas without the care of parents or a guardian or

basic services needed for a good quality of life;

(4) Being a member of a indigenous cultural community and/or living under conditions of extreme poverty or in an area

which is underdeveloped and/or lacks or has inadequate access to basic services needed for a good quality of life;

(5) Being a victim of a man-made or natural disaster or calamity; or

(6) Circumstances analogous to those above-stated which endanger the life, safety or normal development of children.

(d) "Comprehensive program against child abuse, exploitation and discrimination" refers to the coordinated

program of services and facilities to protected children against:

(1) Child Prostitution and other sexual abuse;

(2) Child trafficking;

(3) Obscene publications and indecent shows;

(4) Other acts of abuses; and

(5) Circumstances which threaten or endanger the survival and normal development of children.

ARTICLE II Program on Child Abuse, Exploitation and Discrimination

Sec. 4. Formulation of the Program. - There shall be a comprehensive program to be formulated, by the Department of

Justice and the Department of Social Welfare and Development in coordination with other government agencies and

private sector concerned, within one (1) year from the effectivity of this Act, to protect children against child prostitution

and other sexual abuse; child trafficking, obscene publications and indecent shows; other acts of abuse; and circumstances

which endanger child survival and normal development.

ARTICLE III Child Prostitution and Other Sexual Abuse

Sec. 5. Child Prostitution and Other Sexual Abuse. - Children, whether male or female, who for money, profit, or any

other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or

lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse.

The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following:

(a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited to, the

following:
 

(1) Acting as a procurer of a child prostitute;

(2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar

means;

(3) Taking advantage of influence or relationship to procure a child as prostitute;

(4) Threatening or using violence towards a child to engage him as a prostitute; or

(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in

prostitution.

(b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to

other sexual abuse; Provided, That when the victims is under twelve (12) years of age, the perpetrators shall be

prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code,

for rape or lascivious conduct, as the case may be: Provided, That the penalty for lascivious conduct when the victim is

under twelve (12) years of age shall be reclusion temporal in its medium period; and

(c) Those who derive profit or advantage therefrom, whether as manager or owner of the establishment where the

prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or establishment serving as a cover or

which engages in prostitution in addition to the activity for which the license has been issued to said establishment.

Sec. 6. Attempt To Commit Child Prostitution. - There is an attempt to commit child prostitution under Section 5,

paragraph (a) hereof when any person who, not being a relative of a child, is found alone with the said child inside the

room or cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar establishments, vessel, vehicle

or any other hidden or secluded area under circumstances which would lead a reasonable person to believe that the child is

about to be exploited in prostitution and other sexual abuse.

There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof when any person is

receiving services from a child in a sauna parlor or bath, massage clinic, health club and other similar establishments. A

penalty lower by two (2) degrees than that prescribed for the consummated felony under Section 5 hereof shall be

imposed upon the principals of the attempt to commit the crime of child prostitution under this Act, or, in the proper case,

under the Revised Penal Code.

ARTICLE IV Child Trafficking

Sec. 7. Child Trafficking. - Any person who shall engage in trading and dealing with children including, but not limited

to, the act of buying and selling of a child for money, or for any other consideration, or barter, shall suffer the penalty of

reclusion temporal to reclusion perpetua. The penalty shall be imposed in its maximum period when the victim is under

twelve (12) years of age.


Sec. 8. Attempt to Commit Child Trafficking. - There is an attempt to commit child trafficking under Section 7 of this

Act:

(a) When a child travels alone to a foreign country without valid reason therefor and without clearance issued by the

Department of Social Welfare and Development or written permit or justification from the child's parents or legal guardian;

(c) When a person, agency, establishment or child-caring institution recruits women or couples to bear children for the

purpose of child trafficking; or

(d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or any other person simulates

birth for the purpose of child trafficking; or

(e) When a person engages in the act of finding children among low-income families, hospitals, clinics, nurseries, day-care

centers, or other child-during institutions who can be offered for the purpose of child trafficking.

A penalty lower two (2) degrees than that prescribed for the consummated felony under Section 7 hereof shall be imposed

upon the principals of the attempt to commit child trafficking under this Act.

ARTICLE V Obscene Publications and Indecent Shows

Sec. 9. Obscene Publications and Indecent Shows. - Any person who shall hire, employ, use, persuade, induce or

coerce a child to perform in obscene exhibitions and indecent shows, whether live or in video, or model in obscene

publications or pornographic materials or to sell or distribute the said materials shall suffer the penalty of prision mayor in

its medium period.

If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the penalty shall be

imposed in its maximum period.

Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall cause and/or allow such

child to be employed or to participate in an obscene play, scene, act, movie or show or in any other acts covered by this

section shall suffer the penalty of prision mayor in its medium period.

ARTICLE VIOther Acts of Abuse

Sec. 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child's

Development. -

(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be responsible for other

conditions prejudicial to the child's development including those covered by Article 59 of Presidential Decree No. 603, as

amended, but not covered by the Revised Penal Code, as amended, shall suffer the penalty of prision mayor in its

minimum period.

(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten (10) years or

more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or

massage parlor, beach and/or other tourist resort or similar places shall suffer the penalty of prision mayor in its maximum

period and a fine of not less than Fifty thousand pesos (P50,000.00): Provided, That this provision shall not apply to any
person who is related within the fourth degree of consanguinity or affinity or any bond recognized by law, local custom and

tradition or acts in the performance of a social, moral or legal duty.

(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to keep or have in his company

a minor as provided in the preceding paragraph shall suffer the penalty of prision mayor in its medium period and a fine of

not less than Forty thousand pesos (P40,000.00); Provided, however, That should the perpetrator be an ascendant,

stepparent or guardian of the minor, the penalty to be imposed shall be prision mayor in its maximum period, a fine of not

less than Fifty thousand pesos (P50,000.00), and the loss of parental authority over the minor.

(d) Any person, owner, manager or one entrusted with the operation of any public or private place of accommodation,

whether for occupancy, food, drink or otherwise, including residential places, who allows any person to take along with him

to such place or places any minor herein described shall be imposed a penalty of prision mayor in its medium period and a

fine of not less than Fifty thousand pesos (P50,000.00), and the loss of the license to operate such a place or

establishment.

(e) Any person who shall use, coerce, force or intimidate a street child or any other child to:

(1) Beg or use begging as a means of living;

(2) Act as conduit or middlemen in drug trafficking or pushing; or

(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its medium period to reclusion perpetua.

For purposes of this Act, the penalty for the commission of acts punishable under Articles 248, 249, 262, paragraph 2, and

263, paragraph 1 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of murder, homicide, other

intentional mutilation, and serious physical injuries, respectively, shall be reclusion perpetua when the victim is under

twelve (12) years of age. The penalty for the commission of acts punishable under Articles 337, 339, 340 and 341 of Act

No. 3815, as amended, the Revised Penal Code, for the crimes of qualified seduction, acts of lasciviousness with the

consent of the offended party, corruption of minors, and white slave trade, respectively, shall be one (1) degree higher

than that imposed by law when the victim is under twelve (12) years age.

The victim of the acts committed under this section shall be entrusted to the care of the Department of Social Welfare and

Development.

ARTICLE VIISanctions for Establishments or Enterprises

Sec. 11. Sanctions of Establishments or Enterprises which Promote, Facilitate, or Conduct Activities

Constituting Child Prostitution and Other Sexual Abuse, Child Trafficking, Obscene Publications and Indecent

Shows, and Other Acts of Abuse. - All establishments and enterprises which promote or facilitate child prostitution and

other sexual abuse, child trafficking, obscene publications and indecent shows, and other acts of abuse shall be

immediately closed and their authority or license to operate cancelled, without prejudice to the owner or manager thereof

being prosecuted under this Act and/or the Revised Penal Code, as amended, or special laws. A sign with the words "off

limits" shall be conspicuously displayed outside the establishments or enterprises by the Department of Social Welfare and
Development for such period which shall not be less than one (1) year, as the Department may determine. The

unauthorized removal of such sign shall be punishable by prision correccional.

An establishment shall be deemed to promote or facilitate child prostitution and other sexual abuse, child trafficking,

obscene publications and indecent shows, and other acts of abuse if the acts constituting the same occur in the premises

of said establishment under this Act or in violation of the Revised Penal Code, as amended. An enterprise such as a sauna,

travel agency, or recruitment agency which; promotes the aforementioned acts as part of a tour for foreign tourists;

exhibits children in a lewd or indecent show; provides child masseurs for adults of the same or opposite sex and said

services include any lascivious conduct with the customers; or solicits children or activities constituting the aforementioned

acts shall be deemed to have committed the acts penalized herein.

ARTICLE VIIIWorking Children

Sec. 12. Employment of Children. - Children below fifteen (15) years of age may be employed except:

(1) When a child works directly under the sole responsibility of his parents or legal guardian and where only members of

the employer's family are employed: Provided, however, That his employment neither endangers his life, safety and health

and morals, nor impairs his normal development: Provided, further, That the parent or legal guardian shall provide the said

minor child with the prescribed primary and/or secondary education; or

(2) When a child's employment or participation in public & entertainment or information through cinema, theater, radio or

television is essential: Provided, The employment contract concluded by the child's parent or guardian, with the express

agreement of the child concerned, if possible, and the approval of the Department of Labor and Employment: Provided,

That the following requirements in all instances are strictly complied with:

(a) The employer shall ensure the protection, health, safety and morals of the child;

(b) the employer shall institute measures to prevent the child's exploitation or discrimination taking into account the

system and level of remuneration, and the duration and arrangement of working time; and

(c) The employer shall formulate and implement, subject to the approval and supervision of competent authorities, a

continuing program for training and skill acquisition of the child.

In the above exceptional cases where any such child may be employed, the employer shall first secure, before engaging

such child, a work permit from the Department of Labor and Employment which shall ensure observance of the above

requirement.

The Department of Labor and Employment shall promulgate rules and regulations necessary for the effective

implementation of this Section.

Sec. 13. Non-formal Education for Working Children. - The Department of Education, Culture and Sports shall

promulgate a course design under its non-formal education program aimed at promoting the intellectual, moral and

vocational efficiency of working children who have not undergone or finished elementary or secondary education. Such

course design shall integrate the learning process deemed most effective under given circumstances.
Sec. 14. Prohibition on the Employment of Children in Certain Advertisements. - No person shall employ child

models in all commercials or advertisements promoting alcoholic beverages, intoxicating drinks, tobacco and its byproducts

and violence.

Sec. 15. Duty of Employer. - Every employer shall comply with the duties provided for in Articles 108 and 109 of

Presidential Decree No. 603.

Sec. 16. Penalties. - Any person who shall violate any provision of this Article shall suffer the penalty of a fine of not less

than One thousand pesos (P1,000) but not more than Ten thousand pesos (P10,000) or imprisonment of not less than

three (3) months but not more than three (3) years, or both at the discretion of the court: Provided, That, in case of

repeated violations of the provisions of this Article, the offender's license to operate shall be revoked.

ARTICLE IX Children of Indigenous Cultural Communities

Sec. 17. Survival, Protection and Development. - In addition to the rights guaranteed to children under this Act and

other existing laws, children of indigenous cultural communities shall be entitled to protection, survival and development

consistent with the customs and traditions of their respective communities.

Sec. 18. System of and Access to Education. - The Department of Education, Culture and Sports shall develop and

institute an alternative system of education for children of indigenous cultural communities which culture-specific and

relevant to the needs of and the existing situation in their communities. The Department of Education, Culture and Sports

shall also accredit and support non-formal but functional indigenous educational programs conducted by non-government

organizations in said communities.

Sec. 19. Health and Nutrition. - The delivery of basic social services in health and nutrition to children of indigenous

cultural communities shall be given priority by all government agencies concerned. Hospitals and other health institution

shall ensure that children of indigenous cultural communities are given equal attention. In the provision of health and

nutrition services to children of indigenous cultural communities, indigenous health practices shall be respected and

recognized.

Sec. 20. Discrimination. - Children of indigenous cultural communities shall not be subjected to any and all forms of

discrimination.

Any person who discriminate against children of indigenous cultural communities shall suffer a penalty of arresto mayor in

its maximum period and a fine of not less than Five thousand pesos (P5,000.00) more than Ten thousand pesos

(P10,000.00).

Sec. 21. Participation. - Indigenous cultural communities, through their duly-designated or appointed representatives

shall be involved in planning, decision-making implementation, and evaluation of all government programs affecting

children of indigenous cultural communities. Indigenous institution shall also be recognized and respected.

ARTICLE X Children in Situations of Armed Conflict

Sec. 22. Children as Zones of Peace. - Children are hereby declared as Zones of Peace. It shall be the responsibility of
the State and all other sectors concerned to resolve armed conflicts in order to promote the goal of children as zones of

peace. To attain this objective, the following policies shall be observed.

(a) Children shall not be the object of attack and shall be entitled to special respect. They shall be protected from any form

of threat, assault, torture or other cruel, inhumane or degrading treatment;

(b) Children shall not be recruited to become members of the Armed Forces of the Philippines of its civilian units or other

armed groups, nor be allowed to take part in the fighting, or used as guides, couriers, or spies;

(c) Delivery of basic social services such as education, primary health and emergency relief services shall be kept

unhampered;

(d) The safety and protection of those who provide services including those involved in fact-finding missions from both

government and non-government institutions shall be ensured. They shall not be subjected to undue harassment in the

performance of their work;

(e) Public infrastructure such as schools, hospitals and rural health units shall not be utilized for military purposes such as

command posts, barracks, detachments, and supply depots; and

(f) All appropriate steps shall be taken to facilitate the reunion of families temporarily separated due to armed conflict.

Sec. 23. Evacuation of Children During Armed Conflict. - Children shall be given priority during evacuation as a result

of armed conflict. Existing community organizations shall be tapped to look after the safety and well-being of children

during evacuation operations. Measures shall be taken to ensure that children evacuated are accompanied by persons

responsible for their safety and well-being.

Sec. 24. Family Life and Temporary Shelter. - Whenever possible, members of the same family shall be housed in the

same premises and given separate accommodation from other evacuees and provided with facilities to lead a normal

family life. In places of temporary shelter, expectant and nursing mothers and children shall be given additional food in

proportion to their physiological needs. Whenever feasible, children shall be given opportunities for physical exercise,

sports and outdoor games.

Sec. 25. Rights of Children Arrested for Reasons Related to Armed Conflict. - Any child who has been arrested for

reasons related to armed conflict, either as combatant, courier, guide or spy is entitled to the following rights;

(a) Separate detention from adults except where families are accommodated as family units;

(b) Immediate free legal assistance;

(c) Immediate notice of such arrest to the parents or guardians of the child; and
(d) Release of the child on recognizance within twenty-four (24) hours to the custody of the Department of Social Welfare

and Development or any responsible member of the community as determined by the court.

If after hearing the evidence in the proper proceedings the court should find that the aforesaid child committed the acts

charged against him, the court shall determine the imposable penalty, including any civil liability chargeable against him.

However, instead of pronouncing judgment of conviction, the court shall suspend all further proceedings and shall commit

such child to the custody or care of the Department of Social Welfare and Development or to any training institution

operated by the Government, or duly-licensed agencies or any other responsible person, until he has had reached eighteen

(18) years of age or, for a shorter period as the court may deem proper, after considering the reports and

recommendations of the Department of Social Welfare and Development or the agency or responsible individual under

whose care he has been committed.

The aforesaid child shall subject to visitation and supervision by a representative of the Department of Social Welfare and

Development or any duly-licensed agency or such other officer as the court may designate subject to such conditions as it

may prescribe.

The aforesaid child whose sentence is suspended can appeal from the order of the court in the same manner as appeals in

criminal cases.

Sec. 26. Monitoring and Reporting of Children in Situations of Armed Conflict. - The chairman of the barangay

affected by the armed conflict shall submit the names of children residing in said barangay to the municipal social welfare

and development officer within twenty-four (24) hours from the occurrence of the armed conflict.

ARTICLE XI Remedial Procedures

Sec. 27. Who May File a Complaint. - Complaints on cases of unlawful acts committed against the children as

enumerated herein may be filed by the following:

(a) Offended party;

(b) Parents or guardians;

(c) Ascendant or collateral relative within the third degree of consanguinity;

(d) Officer, social worker or representative of a licensed child-caring institution;

(e) Officer or social worker of the Department of Social Welfare and Development;

(f) Barangay chairman; or

(g) At least three (3) concerned responsible citizens where the violation occurred.

Sec. 28. Protective Custody of the Child. - The offended party shall be immediately placed under the protective

custody of the Department of Social Welfare and Development pursuant to Executive Order No. 56, series of 1986. In the

regular performance of this function, the officer of the Department of Social Welfare and Development shall be free from
any administrative, civil or criminal liability. Custody proceedings shall be in accordance with the provisions of Presidential

Decree No. 603.

Sec. 29. Confidentiality. - At the instance of the offended party, his name may be withheld from the public until the

court acquires jurisdiction over the case.

It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials, announcer or producer

in case of television and radio broadcasting, producer and director of the film in case of the movie industry, to cause undue

and sensationalized publicity of any case of violation of this Act which results in the moral degradation and suffering of the

offended party.

Sec. 30. Special Court Proceedings. - Cases involving violations of this Act shall be heard in the chambers of the judge

of the Regional Trial Court duly designated as Juvenile and Domestic Court.

Any provision of existing law to the contrary notwithstanding and with the exception of habeas corpus, election cases, and

cases involving detention prisoners and persons covered by Republic Act No. 4908, all courts shall give preference to the

hearing or disposition of cases involving violations of this Act.

 ARTICLE XII
Common Penal Provisions

 Sec. 31. Common Penal Provisions. –


(a) The penalty provided under this Act shall be imposed in its maximum period if the offender has been previously
convicted under this Act;

(b) When the offender is a corporation, partnership or association, the officer or employee thereof who is responsible for

the violation of this Act shall suffer the penalty imposed in its maximum period;

(c) The penalty provided herein shall be imposed in its maximum period when the perpetrator is an ascendant, parent

guardian, stepparent or collateral relative within the second degree of consanguinity or affinity, or a manager or owner of

an establishment which has no license to operate or its license has expired or has been revoked;

(d) When the offender is a foreigner, he shall be deported immediately after service of sentence and forever barred from

entry to the country;

(e) The penalty provided for in this Act shall be imposed in its maximum period if the offender is a public officer or

employee: Provided, however, That if the penalty imposed is reclusion perpetua or reclusion temporal, then the penalty of

perpetual or temporary absolute disqualification shall also be imposed: Provided, finally, That if the penalty imposed is

prision correccional or arresto mayor, the penalty of suspension shall also be imposed; and

(f) A fine to be determined by the court shall be imposed and administered as a cash fund by the Department of Social

Welfare and Development and disbursed for the rehabilitation of each child victim, or any immediate member of his family

if the latter is the perpetrator of the offense.


WHEREAS, Republic Act No.10591, otherwise known as “THE COMPREHENSIVE LAW ON FIREARMS AND AMMUNITION
AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF”, was signed into law by the President of the Philippines on May
29, 2013;

WHEREAS, the Chief of the Philippine National Police is mandated by law to formulate the necessary rules and regulations
for the effective implementation of the comprehensive law regulating ownership, possession, carrying, manufacture,
dealing in and importation of firearms, ammunition or parts and providing stiffer penalties for violations thereof;

WHEREAS, Article VI, Section 44 of Republic Act No. 10591 mandated that, after public hearings and consultation with
concerned sectors of the society, said Implementing Rules and Regulations (IRR) shall be implemented; and

NOW THEN, the Chief of the Philippine National Police, pursuant to the said mandate of the law, and after due public
hearings and consultations, hereby promulgates the following Implementing Rules and Regulations in order to carry out
the provisions of the said Act:

RULE I

GENERAL PROVISIONS

Section 1. Short Title

These Rules shall be known and cited as the Implementing Rules and Regulations of Republic Act No. 10591, otherwise
known as “Comprehensive Firearms and Ammunition Regulation Act”.

Section 2. Declaration of State Policy

These rules shall be interpreted in the light of Article 1, Section 2 of Republic Act No. 10591, which stipulates that:

“It is the policy of the State to maintain peace and order and protect the people from violence. The State also recognizes
the right of its qualified citizens to self-defense through, when it is the reasonable means to repel unlawful aggression
under the circumstances, the use of firearms. Towards this end, the State shall provide for a comprehensive law regulating
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.”

Section 3. Definition of Terms

For purposes of this IRR, the following terms or words and phrases shall mean or be understood as defined herein:

3.1 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, but not limited to, laser scope,
telescopic sight and sound suppressor or silencer;

3.2 Ammunition – refers to a complete unfired unit consisting of a bullet, gunpowder, cartridge case and primer or
loaded shell for use in any firearm;

3.2.1 Bullet – The projectile propelled through the barrel of a firearm by means of the expansive force of gases coming
from burning gunpowder;

3.2.2 Cartridge Case – A container, usually metal and cylindrical in shape, to be loaded with a primer, powder charge
and bullet. After loading, it becomes a complete cartridge, of which the case is but one element. It is commonly made of
brass, although some modern cartridge cases are made of steel, aluminum, or other materials;

3.2.3 Gun Powder – refers to any explosive powder used to propel projectiles intended for firearms; and

3.2.4 Primer – also called an “igniter”, refers to a device used for the purpose of setting fire to ignite the gun powder.

3.3 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;

3.4 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;

3.5 Assembling of Firearms – refers to the fitting together of legally acquired parts or spare parts of firearms to create
a complete firearm;

3.6 Authority to Import – refers to a document issued by the Chief of the Philippine National Police (Chief, PNP)
authorizing the importation of firearms, or their parts, ammunition and other components;

3.7 Authority to Export – refers to a document issued by the Chief, PNP authorizing the exportation of firearms, or their
parts, ammunition and other components;

3.8 Authorized Bonded Firearm Custodian – refers to the employee of the juridical entity who is covered by bond to be
accountable for the registered firearms under the name of the juridical entity;

3.9 Authorized Dealer – refers to any person, legal entity, corporation, partnership or business entity duly licensed by
the Firearms and Explosives Office (FEO) to engage in the business of buying and selling ammunition, firearms or parts
thereof, at wholesale or retail basis;

3.10 Authorized Importer – refers to any person, legal entity, corporation, partnership or business duly licensed by the
FEO 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 IRR;

3.11 Authorized Manufacturer – refers to any person, legal entity, corporation, or partnership duly licensed by the FEO
to engage in the business of manufacturing firearms and ammunition, or parts thereof for purposes of sale or distribution;

3.12 Bolt Action – refers to a type of firearm action in which the weapon’s bolt is operated manually by the opening and
closing of the breech;

3.13 Bond – refers to the cash or surety intended as a security and as a commitment to comply with all the existing laws
and regulations of this IRR as determined by the PNP through the FEO, by a licensed citizen, a licensed juridical entity,
licensed dealers, manufacturers or gunsmiths;

3.13.1 Authorized Firearm Custodian Bond – refers to the bond issued to an authorized firearm custodian as a
security and as a commitment to comply with all the existing laws and regulations as defined in this IRR;

3.13.2 Firearm Bond – refers to the bond duly issued by an authorized insurance company as part of the registration of
firearms to a licensed citizen or a licensed juridical entity;

3.13.3 Surety Bond – refers to the bond duly issued by an authorized Surety Company to firearm dealer, manufacturer
or gunsmith.

3.14 Company Guard Force – refers to a security force maintained and operated by any private company/corporation
utilizing its authorized employees to watch, secure or guard its business establishment premises, compound or properties;

3.15 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 FEO;

3.16 Conversion – refers to an act of assembling and combining parts of firearms designed and intended for use in
converting a firearm action/mode and/or from one caliber to another;

3.17 Conversion kit – refers to firearm parts used to enhance the operational capability of a firearm from semi-
automatic burst to fully automatic mode and/or burst and vice versa;

3.18 CSG – refers to the Civil Security Group of the Philippine National Police.
3.19 Demilitarized firearm – refers to a firearm deliberately made incapable of performing its main purpose of firing a
projectile;

3.20 Duty Detail Order – refers to a document issued to a person 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;

3.21 FEO – refers to the Firearms and Explosives Office of the Philippine National Police;

3.22 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 the law, the
barrel, frame or receiver is considered a firearm;

3.23 FEO Classification Board (FCB) – refers to the FEO classification body with a regulatory role to classify firearms,
ammunition, explosives, explosives ingredients and other regulated items prior to sale, distribution and/or exhibition to
ensure that such items conform to existing laws and regulations.

3.24 FEO License Revocation and Restoration Board (FLRRB) – refers to the FEO board with a regulatory function to
study, review, validate and recommend the correction, deletion, revocation, cancellation, suspension or restoration of all
issued licenses, registrations and permits relative to firearms and explosives through a Resolution.

3.25 Firearms Information Management System (FIMS) – refers to a computerized system that establishes a
database of the licensee and the registered firearms information and generates reports which include the printing of license
and certificate of registration and disposition;

3.26 Firearm Registration Card – refers to the card issued by the FEO as proof that the firearm is duly registered and
recorded at the FIMS of the FEO;

3.27 Forfeited Firearm – refers to a firearm that was forfeited by reason of court order as accessory penalty or for the
disposition of firearms considered as abandoned, surrendered, confiscated or revoked in compliance with existing rules and
regulations by the FEO;

3.28 Full Automatic or Fully Automatic –  refers to the firing mode and action of a firearm in which discharge of the
entire magazine load with a single pull of its trigger is continuous until the triggering device is disengaged;

3.29 Government Guard Unit – a security unit whose members have permanent plantilla positions in the government,
maintained and operated by any government entity other than military or police, which is established and maintained for
the purpose of securing the office or compound and/or extension of such government entity;

3.30 Gun Club – refers to an organization with at least fifteen (15) licensed citizens as members, duly registered with and
authorized by the FEO which is established for the purpose of propagating gun safety and responsible gun ownership,
proper appreciation and use of firearms by its members, for the purpose of sports and shooting competition, self-defence
and collection purposes;

3.31 Gun Collector – refers to a licensed citizen who collects registered firearms;

3.32 Gunsmith – refers to any person, legal entity, corporation, partnership or business duly licensed by the FEO 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;

3.33 Imminent Threat – refers to an indication of something impending and usually undesirable or unpleasant which
may inflict evil, injury or damage to another, usually as retribution or punishment for something done or left undone. It is
a manifestation of an intention to inflict loss or harm upon another by illegal means and especially by involving coercion,
duress or use of force over a person or his/her welfare;

3.34 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;
3.35 Indentor – refers to an individual or entity with an exclusive contract to facilitate the procurement of firearms,
ammunition, spare parts and/or accessories in behalf of the AFP/PNP, law enforcement agency and/or other government
agencies;

3.36 Indent License to Deal or Indentor’s License – refers to a written authority granted by the Chief, PNP through
the Chief, FEO to an indentor, indicating therein the number, types of firearms, ammunition, spare parts and accessories to
be purchased.

3.37 Integrated Firearms Identification System (IFIS) – refers to a computerized firearms identification system
used to capture and store into the database unique identifying characteristics of bullets and cartridge cases for forensic
comparison and identification of a particular firearm;

3.38 Legal Disability – refers to a condition of a person who lacks the legal qualification or capacity, such as that of a
minor or a mentally impaired person;

3.39 Letter Order (LO) or Mission Order (MO) – refers to a written directive or order issued by authorized Head of
Law Enforcement Agencies (LEAs) to government employee/s with regular plantilla position under his/her supervision and
control. Such order shall indicate the purpose of the mission, name of the employee, the firearm information, the specific
duration and the place or places within the jurisdiction of the issuing authority allowing the bearer thereof to carry his/her
government-issued firearm within their jurisdiction and shall be strictly limited to the law enforcement mandate of the
agency concerned.

3.40 Licensed Antique Firearm Collector – refers to any individual or entity duly licensed by the Chief, FEO on behalf
of the Chief, PNP who legally acquires, owns, possesses, or disposes of antique firearms as defined in this IRR;

3.41 Licensed Citizen – refers to any Filipino duly issued with a license to own and possess or carry firearms outside of
the residence in accordance with this IRR;

3.42 License to Deal (LTD) – refers to the license granted by the Chief, PNP to a qualified dealer to engage in the
business of buying and selling ammunition, firearms or parts thereof, at wholesale or retail basis;

3.43 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 IRR;

3.44 License to Manufacture (LTM) – refers to the license granted by the Secretary of the Department of Interior and
Local Government (DILG) to a qualified manufacturer to engage in the business of manufacturing firearms, and
ammunition or parts thereof for purposes of sale or distribution;

3.45 License to Own and Possess Firearms (LTOPF) – refers to a written authority granted by the Chief, PNP through
the Chief, FEO to a qualified individual for him/her to own and possess a firearm in accordance with this IRR;

3.46 Licensed Sports Shooter – refers to a licensed citizen who actively participates in sports shooting competition;

3.47 Light Weapons are: Class-A Light weapons which refer to self-loading pistols, rifles, 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 under barrel and mounted grenade launchers,
portable anti-aircraft guns, portable anti-tank missile and rocket systems, portable launchers of anti-aircraft missile
systems, and mortars of a caliber of less than 100MM;

3.48 Long Certificate of Registration (LCR) – refers to a regular license to own and possess firearms issued to
government agencies or offices or Government-Owned or Controlled Corporations;

3.49 Long Regular Registration (LRR) – refers to a regular license to own and possess firearms issued to private firms,
establishments, corporations or private security agencies.

3.50 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;
3.51 Major Parts or Components of a Firearm – refer 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;

3.52 Mill Run Parts – refer to semi-finished materials oftentimes called castings or forgings, or blank and cup with a
partly rough shape and still needs machining work by mills, lathes or press machines to refine and give the desired final
product as firearm parts or ammunition components;

3.53 Minor Parts of a Firearm – refer 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;

3.54 Permit to Carry Firearm Outside of Residence (PTCFOR) – refers to a written authority issued to a licensed
citizen by the Chief, 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;

3.55 Permit to Transport (PTT) Firearm – refers to a written authority issued to a licensed citizen or a licensed
juridical entity by the Chief, PNP through the Chief, FEO or by the PNP Regional Director (RD) which entitles such person or
entity to transport particular firearm/s from and to a specific location, within the duration and purpose in the authority;

3.56 Private Individual – refers to licensed citizen and licensed juridical entity as used in Section 10 of this IRR.

3.57 Residence of the Licensee – refers to the place or places of abode of the licensed citizen as indicated in his/her
license;

3.58 Residence of the Firearm/s – refers to the location where the firearm/s shall be kept and as indicated in the
firearm registration card;

3.59 Serviceable Firearm – refers to the condition in which a firearm can still be used for its purpose;

3.60 Shooting Range – refers to a facility established for the purpose of firearms training and skills development, firearm
testing, as well as for sports and shooting competition 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;

3.61 Short Certificate of Registration (SCR) – refers to a certificate granted by the FEO for a government official or
employee with regular plantilla position who was issued a government-owned firearm covered by the Long Certificate of
Registration (LCR);

3.62 Small Arms – refer to firearms intended to be 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:

3.62.1 Handgun  is a firearm intended to be fired from the hand, which includes:

a) Pistol  – is a hand-operated firearm having a chamber integral with or permanently aligned with the bore which may be
self-loading; and

b) Revolver –  is a hand-operated firearm with a revolving cylinder containing chambers for individual cartridges.

3.62.2 Rifle  – 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

3.62.3 Shotgun  – is a firearm 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.

3.63 SOSIA – refers to the Supervisory Office for Security and Investigation Agencies of the Philippine National Police;

3.64 Sports Shooting Competition – refers to a defensive, precision or practical firearm shooting tournament duly
authorized by the FEO;
3.65 Tampered, Obliterated or Altered Firearm – refers to any firearm whose serial number or other identification or
ballistic characteristics have been intentionally tampered with, obliterated or altered without authority or in order to
conceal its source, identity or ownership;

3.66 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; and

3.67 Unserviceable Firearm –  refers to a firearm which is beyond economic repair and can no longer be used for its
purpose;

RULE II

OWNERSHIP AND POSSESSION OF FIREARMS

Section 4. Standards and Requisites for Issuance of and Obtaining a License to Own and Possess Firearms

4.1 In order to qualify and acquire a license to own and possess a firearm or firearms and ammunition, the applicant must
be: a) a Filipino citizen; b) at least twenty-one (21) years old at the time of the filing of his/her written application to own
and possess a firearm or firearms; (c) 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.

4.2 For purposes of this IRR, a Filipino citizen shall refer to those who are mentioned in Section 1, Article IV of the 1987
Constitution. Those who are considered with “dual citizenship” pursuant to RA No. 9225, otherwise known as “Citizenship
Retention and Reacquisition Act of 2003”, may also enjoy the privilege granted herein provided that they comply with all
the standards and requisites set forth therein.

4.3 An individual who is physically challenged may be allowed to own and possess firearm/s provided that he/she can
safely, efficiently and effectively operate and use said firearm.

4.4 The written application to own and possess firearm/s shall be filed at the FEO, in three (3) legible copies duly
notarized, and must be accompanied by the original copy of the following requirements:

a) Clearances issued by the Regional Trial Court (RTC) and Municipal/Metropolitan Trial Court (MTC) that has jurisdiction
over the place where the applicant resides and/or the Sandiganbayan as the case may be, showing that he/she has not
been convicted by final judgment of a crime involving moral turpitude or that he/she has not been convicted or is currently
an accused in any pending criminal case before any court of law for a crime that is punishable with a penalty of more than
two (2) years;

b) Neuro-psychiatric clearance issued by the PNP Health Service and its accredited psychologist or psychiatrist;

c) A certification that the applicant has passed the drug test conducted by PNP Crime Laboratory or any accredited and
authorized drug testing laboratory or clinic.

d) A certification that the applicant has passed a gun safety and responsible gun ownership seminar which is administered
by the PNP or a registered and authorized gun club;

e) National Police Clearance;

f) NSO Birth Certificate;

g) Proof of Latest Billing;

h) At least two valid IDs (one Government issued ID);

i) Income Tax Return (ITR), Certificate of Employment, Business permit or any appropriate document as proof of income;
j) For Government Employee  (Copy of Appointment Order, Oath of Office);

k) For Military Reservists  (J9 Clearance);


l) For Overseas Filipino Worker (OFW)  (Certificate of Employment); and

m) Retired Government Employee  (Retirement Order  or appropriate document).

4.5 The payment for the License to Own and Possess Firearm shall be done after the approval of the application. The Order
of Payment (OP) shall be issued by the FEO and the actual payment shall be made by the applicant to Land Bank of the
Philippines or any government bank.

4.6 The subsequent acquittal of the applicant whose application was previously denied or was not given due course by
reason of the pending criminal case or the permanent dismissal thereof is a ground for the re-filing of the application.

4.7 A licensed citizen who has at least sixteen (16) firearms upon the effectivity of this IRR shall be automatically certified
as a gun collector and shall secure a Type 5 License to Own and Possess Firearms.

4.8 A qualified applicant shall submit the following requirements to be a certified gun collector to the FEO:

a) A copy of the License to Own and Possess Firearms (Type 3 and Type 4); and

b) Certification of updated Firearm Registration.

4.9 A qualified applicant citizen shall submit the following requirements to apply as antique firearm collector:

a) A copy of the License to Own and Possess Firearms; and

b) Certification from the National Museum that the firearm is antique (as the case may be).

4.10 A qualified applicant shall submit the following requirements to apply as a sports shooter:

a) A copy of the License to Own and Possess Firearms;

b) Certification from the President of a recognized Gun Club or Sports Shooting Association; and

c) Written Authority or Consent from Parents/Guardian (for minors).

4.11 The Duty Detail Order (DDO) shall be signed by the authorized firearm bonded custodian and the operations officer
that authorizes the company guard force and/or security guard/s with License to Exercise Security Profession (LESP)
issued by SOSIA to possess and use a firearm registered to and owned by his/her employer in line with or in the
performance of his/her assigned task/duty.

4.12 The Duty Detail Order (DDO) of LGU shall be signed by the Local Chief Executive, Chief of Police/Provincial Director
and authorized bonded firearm custodians, that authorizes the following to possess and use firearm/s registered to and
owned by LGU in line with or in the performance of his/her assigned task/duty:

a) Security officer with Civil Service Commission (CSC)-approved plantilla position assigned in the supervision of the
security personnel of the LGU;

b) Security officer with CSC-approved plantilla position assigned in the supervision and security of facilities owned by LGU;

c) Security officer with CSC-approved plantilla position in charge with the security of the Local Chief Executive; and

d) Security officer with CSC-approved plantilla position assigned to secure the financial resources of the LGU.

Section 5. Ownership of Firearms and Ammunition by a Juridical Entity

5.1 For purposes of this IRR, a juridical entity shall refer to the following: a) corporations, organizations, businesses duly
registered with the Securities and Exchange Commission (SEC); b) a single proprietorship and/or partnership duly
registered with the Department of Trade and Industry (DTI); c) cooperatives duly registered with the Cooperative
Development Authority (CDA), and d) Local Government Units (LGUs).
5.2 A juridical entity such as private security agencies or corporations, organizations, businesses operating and
maintaining its own security force or company guard force, respectively, whether as its main business or an adjunct
thereof, may be issued a Long Regular Registration (LRR) to own and possess firearm/s and ammunition upon showing
that it possesses the following qualifications:

a) It must be Filipino-owned,

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

c) It has completed and submitted all its reportorial requirements to the SEC/DTI/CDA;

d) It has paid all its income taxes for the previous year, as duly certified/stamp received by the BIR; and

e) It has a valid License to Operate (LTO) issued by Director, CSG through SOSIA.

5.3 The application shall be filed at the FEO in three (3) legible copies duly notarized and must be accompanied with the
following requirements:

5.3.1 Private Firm/Business/Corporation/ Sole Proprietorship/Partnership/Cooperative;

a) SEC/DTI/CDA Registration;

b) Income Tax Return (ITR);

c) Firearms Record Verification (FRV) issued by FEO;

d) License to Operate issued by the Director, CSG through SOSIA;

e) Insurance/Surety Bond/Cash Bond; and

f) Company Profile.

5.3.2 Private Security Agency

a) SEC/DTI/CDA Registration;

b) Company Profile/Income Statement (Certified by a CPA);

c) License to Operate issued by the Director, CSG through SOSIA;

d) Firearms Record Verification (FRV) ; and

e) Insurance/Surety Bond/Cash Bond.

5.4 For the Long Regular Registration (LRR), forms shall be accomplished in the name of the private firm, establishment or
corporation, including Private Security Agencies (PSAs), which shall be represented by its president or owner or, in case
the latter is not available, by any of the following: vice president, treasurer or corporate secretary.

The representative of the juridical entity shall submit a copy of the board resolution stating that he/she has been
authorized for such purpose and the adoption of which shall be duly certified by the corporate secretary. The officer
representing the juridical entity must possess the standard requirements mentioned in paragraphs 4.1 and 4.4 above.

5.5 In case of the Local Government Units (LGUs), the Local Chief Executive (Governor or Mayor) and Head of Office of
GOCCs, respectively, shall represent the office concerned in the application of the Long Certificate of Registration (LCR).

5.5.1 Firearms of the LGUs and GOCCs shall be under the name of the concerned office and/or its authorized bonded
firearm custodian; and
5.5.2 Registered firearms of the LGUs and GOCCs covered by LCR shall only be issued to a government official or
employee with a permanent plantilla position through the Short Certificate of Registration (SCR) issued by the FEO. The
officer representing the LGU or GOCC must possess the standard requirements mentioned in paragraphs 4.1 and 4.4
above.

5.6 LGU or GOCC maintaining its own Government Guard Units (GGUs) shall submit the following requirements to the FEO
for the issuance of a Long Certificate of Registration (LCR) to own and possess firearm/s and ammunition:

a) Application forms in three (3) legible and notarized copies;

b) Certification for the Availability of Funds from the respective Head of Accounting Office;

c) Recommendation from the Peace and Order Council for the Sanggunian to issue a Resolution authorizing the LGU to
procure firearms and ammunition and to allocate funds in the annual budget, for the renewal of the corresponding license
and registration thereof;

d) Inventory of firearms certified by the authorized bonded firearms custodian;

e) Approved Purchase Order; and

f) Bond certificate of the authorized bonded firearms custodian.

Section 6. Ownership of Firearms by the National Government

6.1 Departments, bureaus, offices or agencies of the national government, including state universities and colleges which
possess and maintain firearms in their respective inventories at the time of the effectivity of this IRR, shall register their
respective firearms with the FEO. The registration shall be made in the name of the government agency or instrumentality
of the Republic of the Philippines. Such registration shall be exempted from all duties and taxes that may otherwise be
levied on authorized owners of firearms.

6.2 For reason of national security, firearms of the Armed Forces of the Philippines (AFP), the Philippine Coast Guard
(PCG), the National Bureau of Investigation (NBI), the Philippine Drug Enforcement Agency (PDEA) and other Law
Enforcement Agencies (LEAs) shall be reported only to the FEO with the following data: a) make, type, caliber and serial
number of the firearms; b) date of acquisition; and (c) status of the firearm whether serviceable or non-serviceable.

6.3 The head of the department, bureau, office or the property custodian shall submit a report showing the following data:
a) make, type, caliber and serial number of the firearms; b) date of acquisition; (c) status of the firearm whether
serviceable or non-serviceable; and (d) the name of the property custodian.

6.4 Procurement of firearms by Law Enforcement Agencies shall undergo mandatory ballistics testing and registration for
record purposes.

6.5 Firearms in possession of the national government agencies including Law Enforcement Agencies (LEAs) shall be
reported to the FEO annually.

6.6 Firearms intended to be transferred through donation from local or foreign government units and other entities must
be registered at the FEO.

Section 7. Carrying of Firearms Outside of Residence or Place of Business

7.1 A permit to carry firearms outside of residence or place of business shall be issued by the Chief, PNP or his/her duly
authorized representative to the licensed citizen allowing him/her to carry the firearm outside the residence or place of
business.

7.2 A licensed citizen whose life is under actual threat or imminent danger may apply for the issuance of a PTCFOR. The
written application made under oath and duly notarized shall be filed together with the threat assessment certificate issued
by the PNP.

7.3 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 and hence are not required to submit threat assessment certificates:
a) Members of the Philippine Bar;

b) Certified Public Accountants;

c) Accredited media practitioners from recognized media institutions; Cashiers and bank tellers;

d) Priests, Ministers, Rabbi, Imams;

e) Physicians and nurses; and

f) Businessmen, who by the nature of their business or undertaking duly recognized or regulated by law, are exposed to
high risk of being targets of criminal elements.

7.4 Licensed sports shooter may apply for PTCFOR that will cover three (3) firearms at one time inclusive of the allowed
quantity of ammunition mentioned in Section 12.

7.5 The PTCFOR shall serve as a waiver on the part of the licensed citizen for concerned law enforcement agents to inspect
and verify the firearm/s covered by the said PTCFOR when carried outside of residence.

7.6 Special Permit to Carry Firearms Outside of Residence shall be granted by the Chief, PNP through PTCFOR-Secretariat
to government employees who will use their privately owned and registered small arms for a specific law enforcement
purpose.

7.7 Special Permit to Carry Firearms Outside of Residence shall be granted by the Chief, PNP through the Chief, FEO to
individuals who are part of peace process negotiation other than members of the government peace negotiating panel.

7.8 Members of the PNP, AFP and other Law Enforcement Agencies (LEAs) may carry their licensed privately-owned
firearms, in furtherance of their official duties and functions, subject to the following conditions:

a) With License to Own and Possess Firearms (LTOPF) and Firearm Registration Card;

b) With valid PTCFOR; and

c) With valid LO/MO.

7.9 Members of the PNP, AFP and other Law Enforcement Agencies must apply for a PTCFOR-LEA, in order to be authorized
to carry the corresponding government-issued firearm outside of residence:

a) The Police Regional Director or his equivalent in the AFP and other law enforcement agencies, shall endorse to the Chief,
PNP all application for PTCFOR-LEA;

b) The application must be accompanied by the latest appointment order of the personnel applying for PTCFOR-LEA and a
certificate of non-pending case duly issued for the purpose;

c) The PTCFOR-LEA shall be issued only by the Chief, PNP through PTCFOR-Secretariat and shall be valid only for one (1)
year;

d) The fees to be charged in the filling of application for PTCFOR-LEA shall only be in such minimal amount corresponding
to the actual administrative cost necessary for the issuance of the permit, as may be determined by the PNP; and

e) The PTCFOR-LEA should always be accompanied by the corresponding Memorandum Receipt/Acknowledgment Receipt
of Equipment (MR/ARE);

7.10 Letter Order/Mission Order (LO/MO) shall be issued by the authorized Head of Office. The scope of the LO/MO shall
only be within the jurisdiction of the issuing Authority.

7.11 The following guidelines regarding the manner of carrying firearms shall be observed:

7.11.1 For Members of the PNP, AFP and other LEAs;


a) When carried while in agency-prescribed uniform, firearms shall be placed in a holster securely attached to the belt,
except for military pilots in flying uniforms and crew of armored vehicles who may carry their firearms in shoulder holster;

b) When the agency-prescribed uniform does not include holster, or for those authorized to carry firearms outside of
residence or of official station while in civilian attire, the firearms shall be concealed unless actually used for legitimate
purpose. Displaying a firearm, when not used for a legitimate purpose, is prohibited; Violation of this provision shall be
subject for immediate revocation of the License to Own and Possess Firearms and Firearm Registration.

c) The practice of flagrantly displaying a firearm while in uniform or in civilian attire is prohibited; and

d) Only such firearms specially described in corresponding MR/ARE or LO/MO or PTCFOR LEA shall be carried.

7.11.2 For All Other Persons: (including members of the PNP, AFP and other LEAs in civilian attire)

a) Display of firearms is prohibited. The firearms must always be concealed; Violation of this provision shall be subject for
immediate revocation of the License to Own and Possess Firearms and Firearm Registration.

b) The firearm must be secured inside a vehicle or a motor cycle compartment.

7.12 The following other restriction shall likewise be observed:

a) PTCFOR-LEA is non-transferable;

b) The firearm shall not be brought inside places of worship, public drinking and amusement places and all other
commercial or public establishment.

c) The PTCFOR-LEA must be carried together with the valid MR/ARE, or MO/LO as the case may be.

d) Expired, revoked, cancelled, or nullified License to Own and Possess Firearm and firearm registration will automatically
invalidate the corresponding PTCFOR-LEA.

7.13 Authority to Issue Mission Order Involving the Carrying of Firearm

The following are authorized to issue mission orders with provisions which may entitle the bearer thereof to carry his
issued/licensed firearm and ammunition for the duration of such mission.

7.13.1 For officers, men and regular civilian agents of the Armed Forces of the Philippines (AFP)

a) The Chief of Staff, AFP;

b) Chiefs of the General/Special/technical and Personal Staffs;

c) Commanders of the AFP Major Services including the Chiefs of their respective General/special/Technical and Personal
Staffs;

d) Commanders and Chiefs of Staffs of AFPWSSUs and major commands/units of the AFP and the Major Services;

e) Commanders of the battalions and higher units and their equivalent in the Philippine Air Force and Philippine Navy

f) Commanders of AFP intelligence units from GHQ AFP down to regional command levels

g) Detachment commanders in remote areas whose higher commanders are not easily available to issue such orders.

7.13.2 For members of the Philippine National Police (PNP):

a) Police Director General

b) Deputy Director General for Admin and Operation ;


c) The Chief Directorial Staff;

d) Directors, The Directorate Office;

e) Directors NSUs (NASU/NOSU);

f) Regional Directors;

g) District Directors of NCRPO; h) Inspector General of IAS; and i) Provincial Director/City Director.

7.13.3 For members of the National Bureau of Investigation:

a) The Director;

b) The Deputy Director; and

c) Regional Directors.

7.13.4 For agents of the National Intelligence and Coordinating Authority (NICA):

a) The Director-General, NICA; and

b) The General Manager.

7.13.5 For members of Bureau of Jail Management and Penology:

a) The Director-General, BJMP; and

b) The Deputy Director; and

c) Regional Directors.

7.13.6 For Other Law Enforcement Agencies:

a) Department Head/Bureau Head; and

b) Head of Regional Offices.

7.14 In case of Permit to Transport (PTT), the magazine (loaded/unloaded) shall be carried separately from the firearm
except for law enforcement personnel with Letter Order/Mission Order (LO/MO) or security personnel with Duty Detail
Order (DDO).

RULE III

REGISTRATION AND LICENSING

Section 8. Authority to Issue License

8.1 The Chief, PNP through the FEO, after the processing of the written application, shall approve the issuance of License
to Own and Possess Firearms to qualified individuals and to cause the registration of firearms in accordance with this IRR.

8.2 All government employees, retirees from the government service and military reservists shall have 50% discount on
fees for License to Own and Possess Firearms and registration of firearms.

8.3 Senior Citizens, who are not active or retired government employees, shall have 20% discount on fees for License to
Own and Possess Firearms and registrations of firearms.
8.4 All government employees, retirees from the government service, military reservists or senior citizens shall only pay
the card fee for PTCFOR.

8.5 The seminar fee for Gun Safety and Responsible Gun Ownership shall be collected on separate account by the PNP
Finance Service and shall be made available for use of FEO and other PNP units involved in Firearms Licensing Operations,
subject to accounting and auditing rules and regulations.

8.6 The FEO shall retain twenty percent (20%) of the total collections for firearms and explosives fees and charges as FEO
Regulatory Fund to fund the direct operating expenses of the FEO and other regulatory activities. Other PNP offices/units
involved in the processing of firearms and explosives fees and charges shall submit the Estimates of Income and Revenue
(EIR) from operations, together with their Program of Expenditures to the Chief, PNP (Attn: Director for Comptrollership),
which shall be the basis for the control and utilization of the Trust Receipt. It is understood, however, that the
disbursement of the above is subject to accounting and auditing rules and regulations.

Section 9. Licenses Issued to Individuals

9.1 Subject to the requirements mentioned in paragraphs 4.1 and 4.4 of this IRR, which are inclusive unless subsequently
amended or modified, a qualified individual based on the findings and recommendations of the FEO may be issued any of
the licenses hereunder mentioned:

a) Type 1 license – allows a citizen to own and possess a maximum of two (2) registered firearms;

b) Type 2 license – allows a citizen to own and possess a maximum of five (5) registered firearms;

c) Type 3 license – allows a citizen to own and possess a maximum ten (10) registered firearms;

d) Type 4 license – allows a citizen to own and possess a maximum of fifteen (15) registered firearms; and

e) Type 5 license – allows a citizen, who is certified gun collector, to own and possess more than fifteen (15) registered
firearms.

9.2 Application for sports shooter’s license or antique firearm collector’s license may be done simultaneously with the
application for License to Own and Possess Firearms.

9.3 Application for gun collector’s license shall be done as pre-requisite for acquiring Type 5 License to Own and Possess
Firearms.

9.4 For Types 1 to 5 licenses, a vault or container secured by lock and key, or other security measures appropriate under
the premises imposed by the FEO, as a prerequisite for the approval of the license or registration, shall be required.

9.5 For Type 5 license, the applicant must prove through appropriate documents or records the fact of his/her being a
certified gun collector.

9.6 For Types 3 to 5 licenses, the licensed citizen must comply with the inspection requirements of the PNP. Failure on
their part to comply with any of the requirements herein mentioned is a ground for the cancellation of license and/or
registration.

9.7 Private individuals who are licensed holders of Class-A light weapon must comply with the provisions of paragraphs 9.4
and 9.6 of this section.

9.8 In case of upgrading the type of the License to Own and Possess Firearms, the following requirements shall be
complied and submitted to the FEO:

a) Certification from the FEO that the Licensee is clear of any Derogatory Records;

b) Previous License to Own and Possess Firearms;

c) Updated Registration of Firearms; and

d) Inspection Report (for upgrading Type 3 to Type 5 License).


Section 10. Firearms That May Be Registered

10.1 Only small arms as defined in this IRR may be registered by licensed citizens or licensed juridical entities for
ownership, possession and concealed carry.

10.2 A light weapon as defined in this IRR shall be lawfully acquired or possessed exclusively by the AFP, the PNP and
other law enforcement agencies authorized for such purpose by the President or by law that Congress may pass after the
effectivity of this IRR.

10.3 Private individuals who are already licensed holders for Class-A light weapons as herein defined upon the effectivity of
this IRR shall not be deprived of the lawful possession thereof, provided that they renew their licenses and firearm
registration and they continue to possess the standard requirements mentioned in paragraphs 4.1 and 4.4, in this IRR.

10.4 Conversion of a registered Class-A light weapon to small arm may be allowed upon the approval of the Chief, PNP
through the FEO. Conversion shall be done by the licensed gunsmith or authorized manufacturer supervised by authorized
representative of the FEO. The firearm parts that were removed (which contribute to the full automatic characteristic/mode
of the firearm) shall be turned-over to the FEO for final disposition

10.5 Registered firearms or ammunition or major parts acquired or purchased by licensed citizen or licensed juridical entity
in accordance with these rules may be transferred or sold only to a licensed citizen or licensed juridical entity with
appropriate type of license. Provided, that private individuals with existing registered Class “A” Light Weapon may transfer
its registration to another private individual with at least Type 3 License and has an existing registered Class “A” Light
Weapon. Provided further, that upon effectivity of this Implementing Rules and Regulations, no licensed individual may
register more than two (2) Class “A” Light Weapons except those licensed individuals referred to in paragraph 10.3 of this
IRR.

10.6 Failure to renew the registration of a Class-A light weapon or comply with the standards and requirements for renewal
purposes shall be a ground for the cancellation of the registration. In case of revocation of license and cancellation of
registration, the individual concerned shall surrender the weapons herein mentioned to the nearest police station within
thirty (30) days, except when there are other justifying circumstances. Otherwise, he/she could be charged for violation of
the law.

Section 11. Registration of Firearms

11.1 A Licensed citizen or a licensed juridical entity shall register his/her or its lawfully acquired firearm/s with the FEO in
accordance with the provisions of this IRR. Only upon compliance with all of the requirements for purposes of registration,
including the payment of the prescribed fees, shall a registration card be issued for each of the firearms owned by the
licensed citizen.

11.2 For registration purposes and unless amended or modified by the Chief, PNP, the prescribed schedule of fees and
charges shall be collected by the FEO.

11.2.1 Requirements for Registration of firearms (Newly Purchase):

a) License to Own/Possess Firearms (Type 1- 5);

b) Certificate of Ballistics Testing;

c) Firearm Bond; and

d) Registration fees.

11.2.2 Requirements for Registration of firearms (Transfer):

a) License to Own/Possess Firearms (Type 1- 5);

b) Firearm Bond;

c) Deed of Sale/Donation (if subject for donation)


d) Certificate of Records of Ballistics Testing and Stencil; and

e) Registration Fees.

11.2.3 Requirements for Registration of firearms (Juridical):

a) Deed of Absolute Sale/Donation (if subject for donation);

b) Firearm Bond;

c) Authority to Purchase/Transfer issued by SOSIA;

d) For LGUs, inventory report of the firearms signed by the Head of Office and SAO/Property Custodian;

e) LTO for PSAs, GGUs, CGFs; and

f) Certification from SEC or DTI or CDA, as the case maybe.

11.2.4 After the approval of the application, the Order of Payment (OP) shall be issued and the corresponding fees shall be
paid by the applicants at the Land Bank of the Philippines (LBP) or any government bank.

11.3 A licensed citizen may apply for the acquisition of an extra barrel, frame or cylinder provided that he/she will register
it as a firearm with the registration fee of Php500.00 which is valid for four (4) years.

11.4 A licensed citizen may apply for the acquisition of an extra barrel, frame or cylinder as a replacement provided that
he/she will register it as a firearm with the registration fee of Php500.00 which is valid for four (4) years.

11.5 The FEO shall impose a firearm bond for each firearm registered under a licensed citizen.

11.6 In case of transfer of firearm/s owned by juridical entity, a written request shall be submitted by the applicant to the
Chief, PNP through the Chief, SOSIA who will in turn endorse said transfer to the Chief, FEO for his approval.

Section 12. License to Possess Firearms Necessarily Includes Possession of Ammunition

12.1 The license to individual or juridical entity for the ownership and possession of registered firearms necessarily
includes the license to possess ammunition appropriate to the registered firearm which shall not exceed fifty (50) rounds
per firearm at any given time.

12.2 A licensed citizen shall secure first a sports shooter’s license before he/she be allowed to possess ammunition more
than the prescribed quantity. Only licensed sports shooter shall be allowed to possess ammunition of more than fifty (50)
rounds but not more than one thousand (1000) rounds for each of the registered firearm. However, in meritorious cases, a
licensed sports shooter may request for approval from the Chief, PNP through the FEO to carry more than the allowed
quantity which is subject to additional fees.

Section 13. Issuance of License to Manufacture and Deal in Firearms and Ammunition

13.1 Any person, natural or juridical, legal entity, corporation, partnership, desiring to engage in the business of
manufacturing or dealing in firearms, parts of firearms, or ammunition thereof, or instruments and implements used or
intended to be used for purposes of sale or distribution shall first secure the appropriate license for such purpose.

13.2 Authority to Issue License to Manufacture

13.2.1 The approving authority for the new application of License to Manufacture firearms and ammunition shall be the
Secretary of the DILG. The Chief, PNP shall approve the application for renewal to include amendment of the license.

13.2.2 The application for an additional site for a licensed manufacturer due to expansion or location in special economic
processing zones (export, defense industry) shall be for the approval of the Chief, PNP. Its renewal and amendment shall
be approved by the Chief, FEO.
13.2.3 The Order of Payment (OP) for the License to Manufacture shall be issued by the FEO and the actual payment shall
be made by the applicant to Land Bank of the Philippines or any government bank.

13.3 Requirements for Issuance of License to Manufacture

The following requirements shall be submitted to acquire License to Manufacture and Deal in Firearms and Ammunition and
to include its succeeding renewal:

13.3.1 For New Application:

Basic letter from the applicant addressed to the SILG (through the Chief, PNP) requesting for the issuance of a License to
Manufacture Firearms, parts of firearms, ammunition and its components, or instruments and implements used or intended
to be used in the manufacture of firearms and/or ammunition with the following attachments:

a) Application form duly accomplished;

b) Undertaking that the applicant will abide by all firearms rules, laws, and regulations;

c) Location map of the factory showing distance from the nearest Police Headquarters;

d) Floor plan of the factory and pictures of its interior and exterior view as well as the storage area of the firearms and
ammunition;

e) Certificate of Registration of the firm with the Securities and Exchange Commission (SEC) or Department of Trade and
Industry (DTI) or Cooperative Development Authority (CDA);

f) Name of the Proprietor/Manager who will actually manage the factory including his/her clearances (Chief of Police,
Mayor, Court Clearances, and National Police Clearance;

g) Certification/Affidavit from the Corporate Treasurer or Bank statement stating therein the amount of Php5,000,000.00
as proof of capitalization;

h) Certification from the Provincial Director/City Director (PD/CD) or Chief of Police (NCRPO) that the site is safe and
secure from insurgents/terrorists for the operation of the factory;

i) FEO Inspection Report; and

j) Surety Bond.

13.3.2 For Renewal

Basic letter from the applicant addressed to the Chief, PNP through the Chief, FEO requesting for the renewal of the
License to Manufacture firearms, parts of firearms, ammunition and its components, or instruments and implements used
or intended to be used in the manufacture of firearms and/or ammunition with the following attachments:

a) Application form duly accomplished;

b) Copy of the License to Manufacture;

c) Mayors Permit to Operate Business from the City/Municipality where the licensee operates;

d) Name of the Proprietor/Manager who will actually manage the factory including his/her clearances (Chief of Police,
Mayor, Court Clearances, and National Police Clearance;

e) Summary of transactions made during the validity of the License to Manufacture for firearms and major parts only;

f) Storage Fee;
g) FEO Inspection Report; and h) Surety Bond.

13.4 License to Deal

13.4.1 The approving authority for the new application of License to Deal firearms and ammunition shall be the Chief, PNP.
The Chief, FEO shall approve the application for renewal to include amendment of the license.

13.4.2 Authorized Dealers shall apply for an Authority to Operate a new branch or amendment of the same for the
approval of the Chief, FEO. Its renewal and amendment shall likewise be approved by the Chief, FEO.

13.4.3 The Order of Payment (OP) for the License to Deal shall be issued by the FEO and the actual payment shall be
made by the applicant to Land Bank of the Philippines or any government bank.

13.1 Requirements for Issuance of License to Deal

13.1.1 For New Application

Basic letter from the applicant addressed to the Chief, PNP through the Chief, FEO requesting for the issuance of License to
Deal in firearms, parts of firearms, ammunition, ammunition components, ammunition reloading machines and its parts,
accessories, tools and implements with the following attachments:

a) Application form duly accomplished;

b) Undertaking that applicant will abide by all firearms laws, rules, and regulations;

c) Dealer’s Surety Bond;

d) Location of the gun store showing distance from the nearest Police Stations;

e) Floor plan of the gun store and pictures showing the location of gun store including its interior and exterior view and its
vaults;

f) The size of the vault shall be enough to accommodate the firearms and ammunitions at the gun store at any given
period;

g) Certificate of Registration of the firm with the Securities and Exchange Commission (SEC) or Department of Trade and
Industry (DTI) or Cooperative Development Authority (CDA);

h) Name of the Proprietor/Manager who will actually manage the store including his/her clearances (Chief of Police, Mayor,
Court Clearances, and National Police Clearance;

i) Certification/Affidavit from the Corporate Treasurer or Bank statement stating therein the amount of Php500,000.00 as
proof of capitalization;

j) Certification from the Provincial Director/City Director (PD/CD) or Chief of Police (NCRPO) that the site is safe and secure
from insurgents/terrorists for the operation of the store; and

k) FEO Inspection Report.

13.1.2 For Renewal

For renewal, basic letter shall be submitted by the applicant addressed to the Chief, FEO requesting renewal of a License to
Deal in firearms, parts of firearms, ammunition, ammunition components, ammunition reloading machines and its parts,
accessories, tools and implements with the following attachments:

a) Application form duly accomplished;

b) Copy of the License to Deal;


c) Mayors Permit to Operate Business from the City/Municipality where the licensee operates;

d) Name of the Proprietor/Manager who will actually manage the store/dealership including his/her clearances (Chief of
Police, Mayor, Court Clearances, and National Police Clearance;

e) Summary of transactions made during the validity of the License to Deal for firearms and major parts only;

f) Storage Fee;

g) FEO Inspection Report; and h) Surety Bond.

13.2 The License to Manufacture or License to Deal shall be valid for a period of five (5) years.

13.3 The application for the renewal of the License to Manufacture or License to Deal shall be submitted to the FEO within
six (6) months before the date of expiration of such license.

13.4 In the application for renewal of the License to Manufacture or License to Deal, the Chief, PNP may grant a license for
a longer period in the following instances, without prejudice to the inspection requirements under Section 20 and
revocation authority under Section 39:

a) In meritorious cases such as expansion or domestic and/or foreign investment partnerships/joint ventures; or

b) With regard to the capability of the applicant in terms of factors such as but not limited to capitalization, equipment,
number of dealership locations and facilities, number of employees, and years in operation.

13.5 An authorized manufacturer or authorized dealer shall submit all the requirements for renewal not less than ninety
(90) days prior to the license expiry date. The Chief, FEO can grant an extension of the license for six (6) months pending
the approval of the application for renewal.

13.6 Reloading Machines

13.6.1 Gun Clubs recognized by the FEO or licensed sports shooter may purchase or possess ammunition-reloading
machines provided that they secure permit to possess the same for the exclusive use of the gun club members and
licensed sports shooters.

13.6.2 The approving authority for the new application of the Permit to Possess Reloading Machines of Gun Clubs
recognized by the FEO or licensed sports shooter shall be the Chief, PNP. Its renewal shall be approved by the Chief, FEO.

13.6.3 All ammunition produced by the recognized Gun Clubs shall be used by its members in target practice or
competitions only. All ammunition produced by the licensed sports shooter shall be for his/her exclusive use. Commercial
sale of said ammunition is prohibited. Failure to comply with this provision shall cause the revocation of the permit granted
by the FEO.

13.6.4 Loading and reloading machines of gun clubs and sports shooter shall be serialized and registered with the FEO.
Registration of such is valid for four (4) years and its renewal shall be done six (6) months before its expiration.

13.6.5 Loading and reloading machines may only be transferred or sold to Law Enforcement Agencies (LEAs), registered
gun clubs, licensed sports shooter, authorized manufacturer and authorized dealer with Permit to Load/Reload
Ammunition.

13.6.6 Reloading machines in the possession of licensed citizen/s, licensed juridical entities or law enforcement agencies
before the effectivity of this IRR shall be registered with the FEO and comply with the requirements set forth for this
purpose.

13.6.7 Gun clubs or licensed sports shooter shall submit a monthly report on the production and disposal of reloaded
ammunition with the FEO.

13.7 The FEO shall impose a surety bond for authorized manufacturer.

Section 14. Scope of License to Manufacture Firearms and Ammunition


14.1 The License to Manufacture firearms, parts of firearms and ammunition shall include assembly of firearms,
manufacture of parts and accessories to complete the firearm, repair of defective firearms pursuant to the warranty
provision in the contract of sale or as a result of wear and tear, processing of ammunition components, loading, reloading
and disassembly of ammunition, enhancement and refurbishing of firearms, and such other acts necessary and
indispensable for the full utilization/implementation of the license.

14.2 The License to Manufacture includes the authority granted to the authorized manufacturer to deal in or sell all the
manufactured items covered by the said license.

14.3 The License to Manufacture shall further include the authority to subcontract the manufacturing of parts and
accessories necessary for the firearms. In case that the subcontractor desires to manufacture a finished usable major part,
the subcontractor shall secure first a License to manufacture such part.

14.4 The License to Manufacture shall also include the Authority to Import machinery, equipment and the firearm parts
and ammunition components. Imported firearms parts and ammunition components shall be limited to those authorized to
be manufactured as stated in the approved license. The Authority to Import shall be for the approval of the Chief, PNP or
his/her authorized representative. Importation of mill run parts does not require such permit.

14.4.1 Requirements for Issuance of Authority to Import

a) Letter request addressed to the Chief, PNP stating the items to be imported; and

b) Photocopy of License to Manufacture.

14.5 Authorized manufacturer is entitled to import various firearms for reference, test and evaluation for manufacture of
similar types of firearms covered by the License to Manufacture. Further, authorized manufacturer is also entitled to
various reference firearms needed to test the ammunition manufactured as covered by its License to Manufacture.

14.6 Authorized manufacturer shall secure Authority to Export manufactured parts or finished products of firearms and
ammunition. The Export Permit of firearms and ammunition shall be for the approval of the Chief, PNP or his/her
authorized representative. Exportation of mill run parts does not require such permit.

14.6.1 Requirement for Issuance of Authority to Export

Authorized manufacturer may export its products to countries with diplomatic relations with the Philippines upon
submission of the following requirements:

a) Letter request from applicant addressed to Chief, PNP and coursed through the Chief, FEO;

b) Copy of License to Manufacture;

c) Letter intent from foreign buyer; and

d) End-User Certificate (EUC).

14.6.2 Export Permit for sample, demonstration, test and evaluation, and trade exhibits

Export Permit for sample, demonstration, test and evaluation, and trade exhibits may be issued at the level of the Chief,
FEO provided that the number of firearms shall not exceed five (5) per type/model of firearm and ammunition shall not
exceed ten thousand (10,000) rounds per firearm and upon the submission of the following requirements:

a) Letter request from applicant addressed to the Chief, FEO;

b) Copy of License to Manufacture; and

c) Letter of intent or invitation from foreign buyer or trade show organizer.

14.7 Firearms and ammunition for reference, sample, demonstration, test and evaluation shall not be allowed for sale and
distribution. Said firearms and ammunition may, at the option of the authorized manufacturer or authorized dealer, remain
in its possession provided that they shall secure the necessary license and register the same under its company name, or
donate the said items to the PNP through the FEO, or return said items to its original source.

14.8 Permit to Transport Firearms and Ammunition shall be applied for by the authorized manufacturer for the following
purposes:

a) Transport from factory to FEO Storage facility and vice versa;

b) Transport from factory to subcontractor and vice versa;

c) Transport from FEO storage or manufacturer to exhibit, display, demonstration or testing site and vice versa;

d) Transport from FEO Storage to Authorized Dealer’s gun stores and vice versa;

e) For imported items, transport from port of entry to FEO storage or manufacturer’s factory;

f) For exportation, transport from manufacturer’s factory or FEO storage to port of exit; and

g) Transport from authorized manufacturer’s factory to its clients and vice versa.

14.8.1 The approving authority for the issuance of Permit to Transport is the Chief, PNP or his/her duly authorized
representatives.

14.8.2 The Permit to Transport may be valid for the length of time based on the request by the authorized manufacturer as
approved by the FEO so as not to hamper their operations. Its validity, however, shall not exceed the expiration of the
License to Manufacture.

Section 15. Registration of Locally Manufactured and Imported Firearms

15.1 For locally manufactured firearms and major parts thereof, the registration shall be made at the manufacturing
facility of the authorized manufacturer. To facilitate the registration, the PNP through the FEO shall conduct the inspection
and recording of the manufactured firearms and major parts thereof based on the records initially prepared by the
authorized manufacturer.

15.2 Firearms which are intended for local sale and distribution shall be subjected to ballistics testing procedures at the
authorized manufacturer’s facility if it could accommodate said firearms. Otherwise, said firearms shall be tested for
ballistics at the PNP Crime Laboratory (CL) in Camp Crame and the authorized manufacturer shall pay all the necessary
expenses for such purpose.

15.3 Upon compliance by the authorized manufacturer of the mandatory requirements, the firearms and major parts of
firearms indicated in the inspection report shall be the basis for the initial registration with the FIMS. Said firearms and
major parts of firearms shall now be allowed for local sale and distribution.

15.4 Firearms intended for export shall not be subjected to ballistics testing procedures provided that Proof of Export shall
be submitted to the FEO.

15.5 For imported firearms and major parts thereof, initial registration which includes inspection and ballistics testing
procedures (PNP Crime Laboratory) shall be done upon arrival at the FEO storage warehouse. Authorized dealers shall
shoulder all the necessary expenses included therein. Upon compliance by the importer of the abovementioned mandatory
requirements, the FEO shall issue an Inspection Report for each of the firearms registered and major parts thereof. Only
the firearms and major parts of the firearms which were subjected to inspection in accordance herewith shall be
appropriate for sale and distribution by the Authorized Dealer.

15.6 Procurement and replacement of major parts or extra major parts shall only be done with the approval/authority from
the Chief, FEO. An extra or replacement barrel procured or sold shall have distinct serial number which shall be determined
by the FEO and shall be engraved by licensed gunsmith authorized by the FEO. The replaced major parts shall be turned-
over to the FEO for final disposition.

15.7 Upon effectivity of this IRR, manufacturers and dealers shall serialize all slides, frames or receivers and barrels. The
FEO shall determine the serial number which shall be engraved by FEO or its authorized licensed gunsmith.
15.8 Locally manufactured or imported firearm of new model or prototype shall be subject for classification by the (FCB)
before it can be allowed for local sales or distribution. For this purpose, the FEO shall create the FCB which shall study,
review, validate and classify the said firearm.

15.9 The FEO shall impose a surety bond for authorized dealer and licensed indentor.

Section 16. License and Scope of License to Deal

16.1 Any person, legal entity, corporation, partnership or business who shall engage in the business of buying and selling
firearms, major and minor firearms parts, spare parts and accessories, ammunition and its components and reloading
machines at wholesale or retail basis shall first secure a License to Deal from the Chief, PNP through the FEO.

16.2 The License to Deal shall be inclusive of the following activities: the purchase, sale or transfer, distribution and
general business in handling firearms, ammunition, major and minor parts of firearms, spare parts and accessories,
ammunition components and reloading machines.

16.3 Authorized dealer shall apply to the Chief, PNP through the FEO for Authority to Import firearms and ammunition,
major and minor parts of firearms, accessories, spare parts, components and reloading machines for commercial purposes
by complying with the following requirements:

a) Letter request addressed to the Chief, PNP (coursed through the Chief, FEO); and

b) Copy of License to Deal.

16.4 Authorized dealer is entitled to import various firearms for sample, demonstration, test and evaluation. Firearms and
ammunition for reference, sample, demonstration, test and evaluation shall not be allowed for sale and distribution. Said
firearms and ammunition may, at the option of the authorized dealer, remain in its possession provided that they shall
secure the necessary license and register the same under its company name, or donate the said items to the PNP through
the FEO, or return said items to its original source.

16.5 Authorized Dealer in firearms and ammunition may apply for Permit to Load/Reload Ammunition for commercial
purposes. The approving authority for the new application and renewal of the said permit shall be the Chief, FEO.

16.6 A Permit to Transport shall be applied for by the Authorized Dealer for the following purposes:

a) For imported items, transport from port of entry to FEO storage;

b) Transport from FEO Storage to authorized dealer;

c) Transport from Dealer to residence of firearm; and

d) Transport from FEO storage or authorized dealer to exhibit/display/demonstration site and vice versa;

16.7 The above mentioned transport permits may be valid for the length of time based on the request by the authorized
dealer as approved by the FEO so as not to hamper their operations. Its validity, however, shall not exceed the expiry of
the License to Deal.

16.8 The approving authority for the issuance of Permit to Transport is the Chief, PNP or his/her duly authorized
representatives.

16.9 The Authority to Import may be applied for, simultaneously with the application or renewal of the License to Deal.

16.10 Authorized dealers shall apply to the Chief, PNP through the FEO for Authority to Display (ATD) firearms,
ammunition, and major parts of firearms and other regulated items by complying with the following requirements:

a) Letter request addressed to the Chief, FEO; and

b) Copy of License to Deal.


16.11 Firearms, ammunition, and major parts shall be indicated in the ATD and shall be part of the regular inventory of the
gun store.

16.12 Indentors shall apply to the Chief, PNP through the FEO for an Indentor’s License with the following requirements:

a) Letter request addressed to the Chief, PNP coursed through the Chief, FEO;

b) Copy of the Contract with AFP/PNP, Law Enforcement Agency and/or other government agencies;

c) Application form duly accomplished;

d) Undertaking that applicant will abide by all firearms laws, rules, and regulation

e) Certificate of Registration of the firm with the Securities and Exchange Commission (SEC) or Department of Trade and
Industry (DTI) or Cooperative Development Authority (CDA);

f) Name of the Proprietor/Manager who will actually manage the store including his/her clearances (Chief of Police, Mayor,
Court Clearances, and National Police Clearance; and

g) Certification/Affidavit from the Corporate Treasurer or Bank statement stating therein the amount of Php500,000.00 as
proof of capitalization;

16.13 Licensed Indentors shall apply to the Chief, PNP through the FEO for Authority to Import firearms and ammunition,
major and minor parts of firearms, accessories, spare parts, components and reloading machines in behalf of the
government agencies in the performance of their duties, by complying with the following requirements:

16.13.1 For AFP/PNP and Other Law Enforcement Agencies (LEAs):

a) Letter request of the indentor addressed to the Chief, PNP;

b) Letter of intent by the purchasing agency addressed to the Chief, PNP;

c) Authenticated photocopy of Indent License to Deal;

d) Original End-User’s Certificate (duly signed by the issuing authority)

e) Purchase Order (original/authenticated);

f) Certificate of Availability of Funds or Approved of the Budget Contract (ABC), attached Special Allotment Release Order
(SARO) intended for the procurement;

g) Certificate of Training issued by the Head of Agency; h) Notice of Award (authenticated); and

i) Contract Agreement (authenticated).

16.13.2 Firearms Procurement by Local Government Unit (LGU):

a) Letter request of the indentor addressed to the Chief, PNP;

b) Letter of intent by purchasing LGU addressed to the Chief, PNP;

c) Inventory of Firearms as certified by Authorized Bonded Firearm Custodian;

d) List of Regular Plantilla Position authorized to use the firearms;

e) Authenticated photocopy of Indent License to Deal;


f) Purchase Order (authenticated);

g) Board Resolution from Sanggunian Panlalawigan/Panlungsod/Bayan or Barangay Lupon;

h) Deed of Absolute Donation as the case may be;

i) Original End-User’s Certificate (EUC); and

j) Certificate of Availability of Funds or Approved Budget Contract (ABC).

16.13.3 For Demonstration, Sample or Test and Evaluation Purposes:

a) Letter request of the indentor addressed to the Chief, PNP;

b) License to Deal or License to Manufacture;

c) Authenticated photocopy of Indent License to Deal; and

d) Original End-User’s Certificate.

16.14 Licensed Indentor’s firearms and ammunition for sample, demonstration, test and evaluation shall not be allowed for
sale and distribution. Said firearms and ammunition shall be returned to their original source or country of origin within
one month after serving their purpose.

16.15 All firearms, ammunition, spare parts and/or accessories procured by the Licensed Indentor which were not awarded
to the End-User on the period indicated in the Purchase Order or Contract shall be temporarily turned-over to FEO or
returned to its original source or country of origin within one month after the said period.

16.16 An authorized dealer shall keep a complete and accurate records and accounts of importation and sale of firearms
and ammunition, with the name, age, 2X2 picture, address, e-mail address and occupation of any licensed citizen
purchasing a firearm or ammunition and the number of the firearm purchased and the amount and character of the
ammunition purchased for each firearm. Refusal on the part of authorized dealer to comply with the provisions of this
section shall cause the forfeiture of the bond.

Section 17. License and Scope of License for Gunsmiths

17.1 The license for gunsmiths shall allow the grantee to repair registered firearms of a licensed citizen or a licensed
juridical entity. The license for gunsmith shall specifically state the place of business where the grantee shall conduct
business. The grantee or its employees, if any, shall not be allowed to repair a firearm in any other place other than that
specified in the license. The grantee shall require the submission of a photocopy of both the license to own or possess
firearms and the registration card of the subject firearm/s to be repaired and the presentation of the original copy. The
grantee shall keep a record of the firearms that have been repaired as well as that of the licensee for inspection by the FEO
or its authorized personnel.

17.2 Unregistered firearms or those with expired firearm registration shall not be accepted for repair. Failure to comply
with this provision shall be a ground for the cancellation/revocation of the license to repair after due process and any
person in violation of this provision shall be held liable and penalized in accordance with this IRR.

17.3 In case that the scope of the repair will replace the barrel, slide, frame, receiver, cylinder or bolt assembly, including
its individual or peculiar identifying characteristics essential in forensic examination of a firearm, the gunsmith shall require
the licensed citizen or the licensed juridical entity to secure first a Permit to Repair from the FEO or Police Regional Office,
stating therein the scope of the repair before accepting the registered firearm/s for repair.

17.4 The license granted to gunsmith includes the customization of firearms from finished or manufactured parts thereof
on per order basis and not in commercial quantities and the making or fabrication of minor parts thereof, i.e., pins,
triggers, bows, sights, magazines, springs and similar minor parts, shall only be for the purpose of repairing the registered
firearm.

17.5 The gunsmith shall submit a report on a monthly basis stating therein the list of the firearms and the scope of the
respective repairs to the FEO. Failure on his/her part to perform the obligation herein mentioned shall be a ground for the
revocation of his/her license to repair after due process.
17.6 The license issued to a gunsmith as a juridical entity shall include the authority given to their employees to perform
their duties as an individual gunsmith.

17.7 Employees of a licensed juridical entity who are working outside the facility shall have an individual gunsmith license,
except for those off-site contracted activities being conducted by the licensed juridical entity.

17.8 Employees of a licensed juridical entity without an individual gunsmith license who extend their work outside the
premises of the juridical entity shall be penalized in accordance with the rules set forth for this purpose by the PNP.

17.9 The written application for the issuance of license of gunsmiths shall be submitted to the Chief, PNP through the FEO
for approval. If approved, the license for gunsmith (individual or juridical entity) shall be valid for a period of three (3)
years or unless sooner revoked for cause.

17.10 The application for the renewal of the license issued to gunsmiths shall be submitted to the FEO within six (6)
months before the date of expiration of such license for the approval of the Chief, FEO.

17.11 In order to qualify and acquire a license for individual gunsmith, the applicant must: a) be a Filipino citizen; b) be at
least twenty-one (21) years old at the time of the filing of his/her written application; c) have a good moral character; d)
have a safe and secure gunsmith facility; and e) have burglar-proof firearms vault enough to safely accommodate the
quantity of firearms requested for repair.

17.12 For new application of an individual gunsmith’s license, a basic letter of application shall be submitted by the
applicant addressed to the Chief, PNP and coursed through the FEO requesting issuance of Gunsmith’s license with the
following attachments:

a) Duly accomplished application form;

b) Certificate of Employment as a gunsmith from previous employer and/or Certification from TESDA;

c) Clearances issued by the Regional Trial Court (RTC) and Municipal/Metropolitan Trial Court (MTC) that has jurisdiction
over the place where the applicant resides, showing that he/she has not been convicted by final judgment of a crime
involving moral turpitude or that he/she has not been convicted or is currently an accused in any pending criminal case
before any court of law for a crime that is punishable with a penalty of more than two (2) years;

d) Neuro-psychiatric clearance issued by the PNP Health Service and its accredited psychologist or psychiatrist;

e) A certification that the applicant has passed the drug test conducted by an accredited and authorized drug testing
laboratory or clinic;

f) National Police Clearance;

g) Proposed list of the equipment, tools and/or instrument to be purchased for customization and/or repair of the firearms
or list of the existing equipment, tools and/or instrument to be used for customization and/or repair of the firearms;

h) Surety Bond for the period of License; and i) Inspection Report issued by the FEO.

17.13 A juridical entity may be issued a gunsmith’s license upon showing that it possesses the following qualifications:

a) It must be Filipino-owned, duly registered with the Securities and Exchange Commission (SEC) or Department of Trade
and Industry (DTI) or Cooperative Development Authority (CDA), as the case may be;

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

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

d) It has paid all its income taxes for the previous year, as duly certified by the BIR;

e) It has a safe and secure gunsmith facility; and


f) It has a burglar-proof firearms vault enough to safely accommodate the quantity of firearms requested for repair.

17.14 The application shall be made in the name of the juridical person represented by its owner or 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 gunsmith’s license. Other corporate
officers eligible to represent the juridical person are: the vice president, treasurer, and board secretary.

17.15 For new application of license for gunsmith as a juridical entity, basic letter shall be submitted by the applicant
addressed to the Chief, PNP through the FEO requesting issuance of license with the following attachments:

a) Application form filed at the FEO in three (3) legible copies duly notarized;

b) Bio-Data/Information Sheet for Director/Partners;

c) Surety Bond for the period of License;

d) Location map of the gunsmith facility showing distance from the nearest Police Station(in meters);

e) Undertaking that the applicant will abide by all firearms rules, laws, and regulations;

f) Floor plan of the facility and pictures of its interior and exterior view as well as the storage area of the firearms and
ammunition;

g) Certificate of Registration of the firm with the Securities and Exchange Commission (SEC) or Department of Trade and
Industry (DTI) or Cooperative Development Authority (CDA);

h) Name of the Owner/Proprietor/Manager who will actually manage the facility including his/her clearances (Chief of
Police, Mayor, Court Clearances, and National Police Clearance.

i) Certification from the Provincial Director/City Director (PD/CD) or Chief of Police (NCRPO) that the site is safe and secure
from insurgents/terrorists for the operation of the facility; and

j) FEO Inspection Report.

17.16 For renewal of individual or juridical entity’s gunsmith license, a basic letter for renewal shall be submitted by the
applicant addressed to the Chief, FEO within six (6) months prior to its expiration. The applicant shall attached the same
requirements as provided in the application for new license as mentioned in Sections 17.12 and 17.15 and the summary of
transactions stating the list of the firearms and the scope of the repair for the previous year.

17.17 The Order of Payment (OP) for the License to Manufacture shall be issued by the FEO and the actual payment shall
be made by the applicant to Land Bank of the Philippines or any government bank.

17.18 The FEO shall impose a surety bond for licensed gunsmith.

Section 18. Firearms for Use in Sports and Competitions

18.1 A qualified individual shall apply for a Permit to Transport (PTT) for his/her registered firearms and ammunitions from
his/her residence to the shooting range/s and competition sites as may be warranted. The application shall be submitted to
the Chief, PNP or his delegated representative for processing and approval.

18.2 A qualified individual with approved and existing PTCFOR need not secure the foregoing permit as the same is
deemed included and within the coverage of the PTCFOR. However, he/she shall secure the necessary permit for the
additional ammunition.

18.3 A qualified individual who is competing outside the country shall apply for the Authority to Transport (ATT) his/her
registered firearms and ammunition outside the country including an application or invitation of the Organizing Committee
and endorsement from a recognized Gun Association.

18.4 A licensed sports shooter shall be allowed to possess the quantity of ammunition as needed to attain proficiency.
18.5 Special Permit shall be given to minors who are competing in national or international sports shooting competition
provided that they are given authority or consent by their parents or guardians.

Section 19. Renewal of Licenses and Registration

19.1 All types of licenses to own and possess a firearm shall be renewed every two (2) years within six (6) months before
the birthdate of the licensee. Failure to renew the license on or before the birthdate shall cause the revocation of the
license and of the registration of the firearm/s under said license.

19.2 The registration of the firearm shall be renewed every four (4) years within six (6) months before its expiration.
Failure to renew the registration of the firearm on or before the expiration of its registration shall cause the revocation of
the registration of the firearm and the same shall be subject to revocation proceedings.

19.3 Failure to renew a license or registration within the period stated above on two (2) occasions shall cause the holder of
the firearm to be perpetually disqualified from applying for firearm license. In meritorious cases, however, the Chief PNP,
as recommended by the Chief, FEO, may allow the further enjoyment of the privilege under these rules subject to certain
conditions which may be deemed appropriate to impose.

19.4 It shall be the obligation of the licensee thereof to surrender the said firearm to the police office or station with
jurisdiction over the place where he/she resides within fifteen (15) days. Failure to surrender within such period shall
cause the filing of appropriate charges for violation of the law.

19.5 For purposes of renewal of the License to Own and Possess Firearms, the following requirements shall be submitted:

a) Written application duly accomplished (3 legible copies);

b) Copy of the Original License to Own and Possess Firearms;

c) Proof of latest Billing;

d) National Police Clearance;

e) Neuro-Psychiatric Clearance;

f) Drug Test Clearance; and

g) Two valid IDs (one government issued ID).

19.6 For purposes of renewal of the Long Regular Registration for juridical entity, the following requirements shall be
submitted:

a) Written application duly accomplished (3 legible copies) ;

b) Copy of the LRR;

c) Proof of latest Billing;

d) Two valid IDs (one government issued ID) ;

e) Firearm Records Verification;

f) Clearances of Company Representative; and

g) License to Operate issued by SOSIA.

19.7 For purposes of renewal of the Long Certificate of Registration of LGU, the following requirements shall be submitted:

a) Written application duly accomplished (3 legible copies) ;


b) Copy of the LCR;

c) Firearm Records Verification; and

d) Clearances of Government Representative.

19.8 For purposes of renewal of the Long Regular Registration of PSAs, the following requirements shall be submitted:

a) Written application duly accomplished (3 legible copies);

b) Copy of the LRR;

c) Proof of Latest Billing;

d) Firearm Records Verification;

e) Clearances of Company Representative; and

f) License to Operate (SOSIA).

19.9 For purposes of renewal of the Registration of Firearm/s, the licensed citizen shall submit the following requirements:

a) Copy of the License to Own and Possess Firearms;

b) Firearm Registration Card;

c) Firearms Bond;

d) Proof of latest billing; and

e) Certificate of Records of Ballistics Testing and Stencil for firearms purchased prior to year 2010.

19.10 For purposes of renewal of the firearm registration under Juridical entity, the licensed juridical entity shall submit the
following requirements:

a) Copy of the License to Own and Possess Firearms;

b) Copy of the License to Operate issued by SOSIA;

c) Lists of Firearms with Recapitulation;

d) Latest Monthly Disposition Report (MDR) ;

e) Copy of the Firearm Registration;

f) Firearm Bond;

g) Certificate of Records of Ballistics Testing and Stencil for firearms purchased prior to year 2010;

h) Certificate of Verification of Firearms; and i) Firearm Records Verification.

19.11 The application for the renewal of the license or firearm registration shall be submitted to the FEO within six (6)
months before the expiration of such license or registration. The applicants shall submit all the requirements mentioned in
Section 4 of this IRR.

Section 20. Inspection and Inventory


20.1 The Chief of the PNP or his/her authorized representative shall require the submission of reportorial requirements
from a licensed manufacturer, dealer or importer of firearms and ammunition, such as the following: Production reports,
Inventory of Raw materials, Sales Report, Inventory Report or Accomplishment report and other reports that the Chief,
PNP may require.Reports shall be submitted on a monthly, quarterly and/or annually as the case may be.

20.2 The inspection shall be done as a requirement for licensing, inventory, monitoring purposes and investigation as the
case may be.

20.3 It is the responsibility of the licensed citizen to present his/her License to Own and Possess Firearms, firearm
registration card and the subject firearm/s to inspection and verification by proper authority.

20.4 The PNP through the FEO or any office authorized by the Chief, PNP shall inspect or examine the inventory and
records of authorized manufacturer, dealer or importer of firearms and ammunition.

20.5 The inspection or examination of records and inventories shall be conducted during office hours (8:00 AM to 5:00
PM). The Inspection Team shall be covered with a Letter Order, headed by a Police Commissioned Officer (PCO) who has
knowledge on the provisions and application of these rules and shall perform their assigned task with utmost
professionalism and courtesy.

20.6 A copy of the report of inspection shall be provided to the authorized manufacturer, dealer, gunsmith or importer of
firearms and ammunition within five (5) working days from the date of inspection.

20.7 In case of adverse findings, the authorized manufacturer, dealer, gunsmith or importer of firearms and ammunition
shall be informed of such findings and shall be given thirty (30) working days, from receipt of the said report, to comply
with the recommendations.

Non-compliance on the recommendations of the Inspection Team within the given period shall cause the revocation of the
license.

20.8 The Chief, PNP, once each year, shall issue directions to the Provincial/City Director and Chief of Police (COP) to verify
all registered firearms in the possession of the licensee and submit a report of such verification to the Chief, PNP thru the
FEO.

RULE IV

ACQUISITION, DEPOSIT OF FIREARMS, ABANDONED, DEMILITARIZED AND ANTIQUE FIREARMS

Section 21. Acquisition or Purchase and Sale of Firearms and Ammunition

21.1 Firearms and ammunition may only be acquired or purchased from authorized manufacturers, dealers or importers
who are duly licensed as such pursuant to these rules. The importation, manufacture, deal-in, receive, acquisition,
purchase, selling or disposal of or possession of any firearm, detached parts of firearms or ammunition therefore, or any
instrument of implement used or intended to be used in the manufacture or firearms, parts of firearms or ammunition
entities not duly licensed or authorized for such purpose is a violation of these rules and shall be penalized in accordance
with this IRR.

21.2 An authorized dealer shall only sell registered firearm or ammunition or major parts of a firearm to a licensed citizen
or a licensed juridical entity.

21.3 During election period, the sale, transfer and registration of firearms and ammunition and major parts and the
issuance of license to a qualified individual or a qualified juridical entity thereof shall be allowed. However, the transport or
delivery of the firearms shall strictly comply with the resolutions promulgated by the Commission on Elections (COMELEC).

Section 22. Deposit of Firearms by Persons Arriving from Abroad

22.1. A person arriving in the Philippines, who is a licensed firearm holder in the country of origin and who shall bring
his/her firearm or ammunition and has declared the existence thereof before embarkation at the country of origin and
upon disembarkation, shall deposit the said firearm and/or ammunition with the Collector of Customs who, thereafter, shall
endorse the same to the FEO for safekeeping.

22.2. If importation is allowed for such firearm or ammunition and the person desires to obtain a domestic firearm license,
the same should be undertaken in accordance with this IRR.
If no license is desired or leave to import is not granted, the firearm or ammunition shall remain in the custody of the FEO
until otherwise disposed of in accordance with the law.

22.3. In case that the person arriving from abroad is a sports shooting competitor, he/she shall declare the existence
thereof before embarkation at the country of origin and upon disembarkation. Said firearm or ammunition shall be
deposited with the Collector of Customs who, thereafter, shall endorse the same to the authorized representative of the
Chief, PNP for the issuance of a Permit to Transport to and from the venue of the competition.

22.4. For foreign dignitaries, law enforcement officers, foreign attaches, security officers and other foreign government
agents bearing firearms or persons/groups needing to import firearms for lawful purposes, either officially issued and
licensed or registered in the country of origin shall declare the existence thereof before embarkation at the country of
origin and upon disembarkation. Said firearm and ammunition shall be validated by concerned law enforcement agency
and be reported to the FEO.

22.5. For firearms to be used in exhibits, theatrical and other relevant purposes, importation permit and other appropriate
permit shall be secured from Chief, PNP or his/her authorized representative. The mandatory requirements shall be
presented to the FEO for the issuance of the appropriate permit. Payment of transport fees shall be collected. The duration
of the validity and the place or places where the firearm/s could be brought and the purpose thereof shall be indicated in
the Permit to Transport.

22.6. If the firearm is not appropriate for registration under these rules and that, in the meantime, return of the firearm to
the country of origin could not be made; the firearm shall remain in the custody of the FEO for final disposition according
to this IRR. Storage fee shall be collected by the FEO.

22.7. Any firearm brought in the country for purposes of competition, exhibits, theatrical and other relevant purposes
which were not claimed within five (5) years and/or non-payment of storage fee for five (5) consecutive years shall be
considered as abandoned firearms and shall be subjected to forfeiture proceedings.

Section 23. Return of Firearms to Owner upon Departure from the Philippines

Upon departure from the Philippines of any person whose firearm or ammunition is in the custody of the FEO, the same,
upon timely request and submission of proof that the person concerned is already leaving, be delivered to the Collector of
Customs.

Once received by the Collector of Customs, the person who brought the said firearm or ammunition in the country may be
allowed to inspect the same in the presence of the FEO representative and Collector of Customs before the same is loaded
to the carrier on which the person is to board.

Section 24. Safekeeping of Firearms and Ammunition

24.1 Any licensee may deposit a registered firearm to the FEO, or any Police Regional Office for safekeeping. Reasonable
fees for storage shall be imposed.

24.2 The FEO or any Police Regional Office shall not be liable for any damage or loss of the firearm submitted for
safekeeping by reason of any fortuitous event.

Section 25. Abandoned Firearms and Ammunition

25.1 Firearms and ammunition deposited with the FEO for safekeeping shall not exceed five (5) years. Failure to claim the
deposited firearms and ammunition within five (5) years and/or non-payment of storage fee for five (5) consecutive years
shall be considered as abandoned firearms. Abandoned firearms shall be disposed of according to the rules set by the PNP.

25.2 Firearms that have been found and reported to the PNP shall be considered as abandoned firearm.

Section 26. Death or Disability of the Licensee

26.1 Upon the death of the licensee, the privilege of his/her license to own or possess firearms and the registration of the
firearm automatically expires.

26.2 In case of legal disability, the privilege provided for by a license to own or possess firearms and the registration of the
firearm shall be revoked.
26.3 When a licensed citizen with registered firearm dies or become legally disabled, his/her next of kin, nearest relative,
legal representative, or any other person who shall knowingly come into possession of the registered firearm shall cause
the delivery of the same to the FEO or Police Regional Office or through the nearest police station which has jurisdiction
over the licensee and/or the registered firearm.

26.4 In case of death or legal disability of the licensee, the next of kin, nearest relative, legal representative or any other
person who shall knowingly come into possession of the registered firearm shall register the firearm/s provided he/she
meets the standard requirements and qualifications in accordance with RA 10591 and its IRR.

26.5 Upon presentation of the proof that the individual is the next of kin, nearest relative, legal representative or other
persons who shall knowingly come into possession of the firearm or ammunition of the deceased or legally disabled
licensee, he/she may apply for the issuance of a License to Own and Possess Firearm and the transfer of the registration of
the firearm under his/her name.

26.6 Pending the issuance of the license to the applicant, the registered firearm of the deceased or legally disabled
licensee shall remain under the custody of the FEO or the PRO which has jurisdiction over the licensee and/or the
registered firearm. In the event that there is no qualified applicant, the Chief, PNP through the FEO shall dispose the
firearm in accordance with the rules set forth for this purpose.

26.7 Failure to deliver the firearm or ammunition within the six (6) months after the death or legal disability of the licensee
shall render the possessor liable for illegal possession of the firearm.

Section 27. Antique Firearms

27.1 A license for antique firearm collector is necessary in order to legally possess and register an antique firearm. The
antique firearm collector’s license shall be secured from the FEO and shall be renewed every two (2) years.

27.2 An individual shall secure first a Certification from the National Museum stating therein the antiquity of the said
firearm.

27.3 Licensed antique firearm collector shall maintain proper storage of antique firearms which shall be the subject of
periodic inspection by the FEO.

27.4 The antique firearm collector shall submit the required documents to secure an antique firearm collector’s license in
accordance with Section 4 of this IRR.

27.5 Licensed Antique firearm collector shall submit status report of his/her antique firearms in a yearly basis for
verification purposes. Antique firearms shall be transferred to another licensed antique firearm collector only and shall
register the same.

27.6 Licensed antique firearm collector shall register his/her unserviceable on a one-time registration.

27.7 Licensed antique firearm collector shall register serviceable antique firearm and renew the same to the FEO.

27.8 A licensed antique firearm collector may import or export his/her antique firearms provided that the licensee has
secured clearance from the National Museum and appropriate authority through the FEO.

27.9 For purposes of display, exhibit, cultural or educational and research, antique firearms shall be allowed to be
transported from one place to another by securing a permit to transport or any appropriate permit issued by the FEO.

27.10 Permit to Carry Firearms Outside Residence (PTCFOR) shall not be issued to firearms classified and registered as
antique firearm collector’s item.

27.11 Antique firearm collector shall be required to have vaults to store the antique firearm or shall be appropriately
framed for display purposes.

27.12 Failure on the part of the licensed antique firearm collector to follow the rules and regulations set forth in this IRR
shall be ground for revocation of the license of the collector notwithstanding the filing of appropriate charges in court.

RULE 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.

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. 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

29.1 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 the crime charged: Provided further, that if the crime committed
with the use of loose firearm is penalized by the law with a maximum penalty of prision mayor  in its minimum period
punishable under the Revised Penal Code or other special laws of which he/she is found guilty.

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

29.3 If the crime is committed by the person without using the loose firearm; the violation of the law shall be considered
as a distinct and separate offense.

Section 30. Liability of Juridical Person

The penalty of prision mayor  in its minimum to its 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 (Php10, 000.00) shall be imposed upon any person
who is licensed to own and possess 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

32.1 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 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.

32.2 The possession of any machinery, tool, 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.

32.3 The penalty of prision mayor  in its minimum period to prision mayor  in its medium period shall be imposed upon any
laborer, worker, employee of a licensed firearms or ammunition dealer who shall unlawfully take, sell or otherwise dispose
of parts 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.

32.4 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 lawful act.

Section 33. Arms Smuggling

The penalty of reclusion perpetua  shall be imposed upon any person who shall engage or participate in importation,
exportation, 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.

Section 34. Tampering, Obliteration or Alteration of firearms Identification

34.1 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.
34.2 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 system of a
particular firearm.

34.3 Any individual who caused the tampering, obliteration or alteration of a firearm without authority from the Chief, PNP
through the Chief, FEO shall be liable in accordance with this Section.

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 IRR and the
person who committed the crime shall be punished in accordance with this IRR: 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 IRR.

Section 36. In Custodia Legis

During the pendency of any case filed in violation of the law, seized firearm, ammunition or parts thereof, machinery,
tools, 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

37.1 The imposition of penalty for any violation of the law 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.

37.2 Firearm taken in 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 shall be necessarily reported and turned over to
the FEO.

37.3 After the pendency of the case, all confiscated and forfeited firearms or parts thereof, ammunition, machinery, tools
or instruments used as evidence in court shall be turned-over to the FEO for final disposition in accordance with law.

37.4 Firearms which are considered as abandoned, surrendered, confiscated or revoked in compliance with existing rules
and regulations shall be turned-over to the FEO for proper disposal 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 IRR 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.

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

39.1 The Chief, 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 or major parts or pendency of a criminal case
involving the firearm, ammunition or 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 the 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 employees;

g) Commission of any 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 license or permit;

i) Noncompliance of reportorial requirements; and

j) By virtue of court order.

39.2 The Chief, PNP or his/her authorized representative may restore the License to Own and Possess Firearm and
registration of the firearms on valid grounds as recommended by the FLRRB.

39.3 Correction and deletion of License to Own and Possess Firearms and registration of firearm/s, upon thorough
investigation and on valid grounds, shall be recommended by the FLRRB through a Resolution before the records of the
licensed citizen or licensed juridical entity and his/her/its firearm registration can be updated at the FIMS.

39.4 Failure to submit necessary reports within three consecutive months shall be ground for the revocation of the license
of the dealers, manufacturers, importers or gunsmith.

39.5 Recommendation by the FLRRB for the revocation of the license of dealers and gunsmiths could be elevated to the
Chief, FEO on appeal within ten (10) days from receipt of a copy of the adverse decision.

39.6 Recommendation by the Chief, FEO for the revocation of the license of manufacturers could be elevated to the Chief,
PNP on appeal within ten (10) days from receipt of a copy of the adverse decision.

39.7 Recommendation rendered by the Chief, PNP for the revocation of the license of manufacturers could be elevated to
the SILG on appeal within ten (10) days from receipt of a copy of the adverse decision.

Section 40. Failure to Notify Lost or Stolen Firearm or Light Weapon

40.1 A fine of Ten Thousand Pesos (Php10, 000.00) shall be imposed upon any licensed firearm holder who fails to report
to the FEO that the subject registered firearm has been lost or stolen within a period of thirty (30) days from the date of
discovery

40.2 Likewise, a fine of Five Thousand Pesos (Php5,000.00) 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 FEO of such change of address.

40.3 For the purpose of this Section, reporting or notification to the FEO can be done through any of the following modes
of written communication: letter, memorandum, e-mail, or facsimile personally signed by the licensee or authorized
officers/representatives of juridical or head of government agencies/bureaus as the case may be along with Affidavit of
Loss and Certification from the Local Police as contained in the police blotter.

Section 41. Illegal Transfer/ Registration of Firearms.

41.1 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.

41.2 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 the 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 imposed.

41.3 Any public office 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.

RULE VI

FINAL PROVISIONS

Section 42. Firearms Repository

42.1 The FEO shall be the sole repository of all firearms and firearms records to include imported and locally manufactured
firearms and ammunition. Within one (1) year upon approval of this IRR, all military and law enforcement agencies, LGUs
and government-owned or controlled corporations shall submit an inventory of all their firearms and ammunition to the
PNP.

42.2 Annual Inventory report shall be submitted by the entities to the FEO every last week of January of the preceding
year.

Section 43. Final Amnesty

Persons in possession of unregistered firearms and holders of expired licenses or unrenewed firearms shall register and
renew the same through the Final General Amnesty within six (6) months from the promulgation of this IRR.

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 IRR.

Section 44. Authority of the Chief of the Philippine National Police (PNP) to Issue Policies and Guidelines

The FEO shall recommend to the Chief, PNP the policies and guidelines for the effective implementation of this IRR.

Section 45. Separability Clause

If any provision of this IRR or any part hereof is held invalid, the provision not otherwise affected shall remain valid and
subsisting.

Section 46. Effectivity

This IRR shall take effect after fifteen (15) days from its publication in at least two (2) national newspapers of general
circulation and submission to the UP Law Center.

Approved,

This Implementing Rules and Regulations (IRR) is in compliance with Section 44 of RA 10591 which was approved by HIS
EXCELLENCY, PRESIDENT BENIGNO S AQUINO III on May 29, 2013.

AN ACT REGULATING HAZING AND OTHER FORMS OF INITIATION RITES IN FRATERNITIES, SORORITIES, AND
ORGANIZATIONS AND PROVIDING PENALTIES THEREFORE.

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


SECTION 1. Hazing as used in this Act is an initiation rite or practice as a prerequisite for admission into membership in a
fraternity, sorority or organization by placing the recruit, neophyte or applicant in some embarrassing or humiliating
situations such as forcing him/her to do menial, silly, foolish and similar tasks or activities or otherwise subjecting him/her
to physical or psychological suffering or injury.

The term organization shall include any club or the Armed Forces of the Philippines, Philippine National Police, Philippine
Military Academy, or cadet corps of the Citizen’s Military Training, or Citizen’s Army Training. The physical, mental and
psychological testing and training procedure and practices to determine and enhance the physical, mental and
psychological fitness of prospective regular members of the Armed Forces of the Philippines and the Philippine National
Police as approved by the secretary of National Defense and the National Police Commission duly recommended by the
Chief of Staff, Armed Forces of the Philippines and the Director General of the Philippine National Police shall not be
considered as hazing for the purpose of this act.

SECTION 2. No-hazing or initiation rites in any from or manner by a fraternity, sorority or organization shall be allowed
without prior written notice to the school authorities or head of organization seven (7) days before the conduct of such
initiations. The written notice shall indicate the period of the initiation activities which shall not exceed three (3) days, shall
include the names of those to be subjected to such activities, and shall further contain an undertaking that no physical
violence be employed by anybody during such initiation rites.

SECTION 3. The head of the school or organization or their representatives must assign at least two (2) representatives of
the school or organization, as the case may be, to be present during initiation. It is the duty of such representative to see
to it that no physical harm of any kind shall be inflicted upon a recruit, neophyte or applicant.

SECTION 4. If the person subjected to hazing or other forms of initiation rites suffers any physical injury or dies as a result
thereof, the officers and members of the fraternity, sorority or organization who actually participated in the infliction of
physical harm shall be liable as principals. The person or persons who participated in the hazing shall suffer.

a.) The penalty of reclusion perpetual if death, rape, sodomy or mutilation results therefrom.

b.) The penalty of reclusion temporal in its maximum period if in consequence of the hazing the victim shall become
insane, imbecile, impotent or blind.

c.) The penalty of reclusion temporal in its maximum period if in consequence of the hazing the victim shall have lost the
use of speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm or a leg shall have lost the
use of nay such member shall have become incapacitated for the activity or work in which he/she was habitually engaged.

d.) The penalty of reclusion temporal in its minimum period if in consequence of the hazing the victim shall become
deformed or shall have lost any other part of his/her body, or shall have lost the use thereof or shall have been ill or
incapacitated for the performance of the activity or work in which he/she has habitually engaged for a period of more than
ninety (90) days.

e.) The penalty of prison mayor in its maximum period if in consequence of the hazing the victim shall have been ill or
incapacitated for the performance of the activity or work in which he was habitually engaged for more than thirty (30)
days.

f.) The penalty of prison mayor in its medium period if in consequence of the hazing the victim shall have been ill or
capacitated for the performance of the activity or work in which he was habitually engaged for ten (10) days or more, or
that the injury sustained shall require medical attendance for the same period.

g.) The penalty of the prison mayor in its period if in consequence of the hazing the victim shall have been ill or
incapacitated for the performance of the activity or work in which he was habitually engaged from one (1) to nine (9) days,
or that the injury sustained shall require medical attendance for the same period.

h.) The penalty of prison correctional in its maximum period if in consequence of the hazing the victim shall sustain
physical injuries, which do not prevent him/her from engaging in his habitual activity, or work nor require medical
attendance.

The responsible officials of the school or of the police, military or citizen’s army training organization may impose the
appropriate administrative sanctions on the person or persons charged under this provision even before their conviction.

The maximum penalty herein provided shall be imposed in any of the following instances:
a.) When the recruitment is accompanied by force, violence, threat, intimidation or deceit on the person of the recruit who
refuses to join;

b.) When the recruit, neophyte or applicant initially consents to join but upon learning that hazing will be committed on his
person, is prevented from quitting.

c.) When the recruit, neophyte or applicant having undergone hazing is prevented from reporting the unlawful act to his
parents or guardians, to the proper school authorities or to the police authorities, through force, violence, threat or
intimidation;

d.) When the hazing is committed outside of the school or institution; or

e.) When the victim is below twelve (12) years of age at he time of hazing.

The owner of the place where the hazing is conducted shall be liable as an accomplice, when he/she has actual knowledge
of the hazing conducted therein but failed to take any action to prevent the same from occurring. If the hazing is held in
the home of one of the officers of members of the fraternity, sorority, group, or organization, the parent shall be held
liable as principals when they have actual knowledge of the hazing conducted therein but failed to take any action to
prevent the same from occurring.

The school authorities including faculty members who consent to the hazing or who have actual knowledge thereof, but
failed to take any action to prevent the same from occurring shall be punished as accomplices for the acts of hazing
committed by the perpetrators.

The officers, former officers or alumni of the organization, group, fraternity or sorority who actually planned the hazing
although not present when the acts constituting the hazing were committed shall be liable as principals. Officers or
members of an organization, group, fraternity or sorority’s adviser who is present when the acts constituting the hazing
were committed and failed to take any action to prevent the same from occurring shall be liable as a principal.

The presence of any person during the hazing is prima facie evidence of participation therein as a principal unless he
prevented the commission of the acts punishable herein.

Any person charged under this provision should not be entitled to the mitigating circumstances that there was no intention
to commit so grave a wrong.

This section shall apply to the president, manager, director, or other responsible officer of a corporation engaged in hazing
as a requirement for employment in the manner provided herein.

SECTION 5. If any provision or part of this Act is declared invalid or unconstitutional, the other parts or provision thereof
shall remain valid and effective.

SECTION 6. All laws. Orders, rules of regulations, which are inconsistent with or contrary to the provisions of this Act, are
hereby amended or repealed accordingly.

SECTION 7. This Act shall take effect fifteen (15) days after its publication in at least two (2) national newspapers of
general circulation.

AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER CUSTODIAL


INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING, DETAINING AND INVESTIGATING OFFICERS,
AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Statement of Policy. – It is the policy of the Senate to value the dignity of every human being and guarantee
full respect for human rights.

Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public Officers. –

(a) Any person arrested detained or under custodial investigation shall at all times be assisted by counsel.

(b) Any public officer or employee, or anyone acting under his order or his place, who arrests, detains or
investigates any person for the commission of an offense shall inform the latter, in a language known to and
understood by him, of his rights to remain silent and to have competent and independent counsel, preferably of
his own choice, who shall at all times be allowed to confer privately with the person arrested, detained or under
custodial investigation. If such person cannot afford the services of his own counsel, he must be provided with a
competent and independent counsel by the investigating officer.lawphi1Ÿ

(c) The custodial investigation report shall be reduced to writing by the investigating officer, provided that before
such report is signed, or thumbmarked if the person arrested or detained does not know how to read and write, it
shall be read and adequately explained to him by his counsel or by the assisting counsel provided by the
investigating officer in the language or dialect known to such arrested or detained person, otherwise, such
investigation report shall be null and void and of no effect whatsoever.

(d) Any extrajudicial confession made by a person arrested, detained or under custodial investigation shall be in
writing and signed by such person in the presence of his counsel or in the latter's absence, upon a valid waiver,
and in the presence of any of the parents, elder brothers and sisters, his spouse, the municipal mayor, the
municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him; otherwise, such
extrajudicial confession shall be inadmissible as evidence in any proceeding.

(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised Penal Code, or
under custodial investigation, shall be in writing and signed by such person in the presence of his counsel;
otherwise the waiver shall be null and void and of no effect.

(f) Any person arrested or detained or under custodial investigation shall be allowed visits by or conferences with
any member of his immediate family, or any medical doctor or priest or religious minister chosen by him or by
any member of his immediate family or by his counsel, or by any national non-governmental organization duly
accredited by the Commission on Human Rights of by any international non-governmental organization duly
accredited by the Office of the President. The person's "immediate family" shall include his or her spouse, fiancé
or fiancée, parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and
guardian or ward.

As used in this Act, "custodial investigation" shall include the practice of issuing an "invitation" to a person who is
investigated in connection with an offense he is suspected to have committed, without prejudice to the liability of the
"inviting" officer for any violation of law.

Section 3. Assisting Counsel. – Assisting counsel is any lawyer, except those directly affected by the case, those
charged with conducting preliminary investigation or those charged with the prosecution of crimes.

The assisting counsel other than the government lawyers shall be entitled to the following fees;

(a) The amount of One hundred fifty pesos (P150.00) if the suspected person is chargeable with light
felonies;lawphi1©alf

(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is chargeable with less grave or
grave felonies;

(c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is chargeable with a capital
offense.

The fee for the assisting counsel shall be paid by the city or municipality where the custodial investigation is
conducted, provided that if the municipality of city cannot pay such fee, the province comprising such
municipality or city shall pay the fee: Provided, That the Municipal or City Treasurer must certify that no funds
are available to pay the fees of assisting counsel before the province pays said fees.

In the absence of any lawyer, no custodial investigation shall be conducted and the suspected person can only be detained
by the investigating officer in accordance with the provisions of Article 125 of the Revised Penal Code.
Section 4. Penalty Clause. – (a) Any arresting public officer or employee, or any investigating officer, who fails to inform
any person arrested, detained or under custodial investigation of his right to remain silent and to have competent and
independent counsel preferably of his own choice, shall suffer a fine of Six thousand pesos (P6,000.00) or a penalty of
imprisonment of not less than eight (8) years but not more than ten (10) years, or both. The penalty of perpetual absolute
disqualification shall also be imposed upon the investigating officer who has been previously convicted of a similar offense.

The same penalties shall be imposed upon a public officer or employee, or anyone acting upon orders of such
investigating officer or in his place, who fails to provide a competent and independent counsel to a person
arrested, detained or under custodial investigation for the commission of an offense if the latter cannot afford the
services of his own counsel.

(b) Any person who obstructs, prevents or prohibits any lawyer, any member of the immediate family of a person
arrested, detained or under custodial investigation, or any medical doctor or priest or religious minister chosen by
him or by any member of his immediate family or by his counsel, from visiting and conferring privately with him,
or from examining and treating him, or from ministering to his spiritual needs, at any hour of the day or, in
urgent cases, of the night shall suffer the penalty of imprisonment of not less than four (4) years nor more than
six (6) years, and a fine of four thousand pesos (P4,000.00).lawphi1©

The provisions of the above Section notwithstanding, any security officer with custodial responsibility over any detainee or
prisoner may undertake such reasonable measures as may be necessary to secure his safety and prevent his escape.

Section 5. Repealing Clause. – Republic Act No. No. 857, as amended, is hereby repealed. Other laws, presidential
decrees, executive orders or rules and regulations, or parts thereof inconsistent with the provisions of this Act are repealed
or modified accordingly.

Section 6. Effectivity. – This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in
any daily newspapers of general circulation in the Philippines.

Approved: April 27, 1992.lawphi1Ÿ

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