SPL

P.D. No. 1866 (1983)

Laws on Illegal Possession of Firearms, Ammunition or Explosives

As amended by R.A. No. 8294 (1997), 9516 (2007), 10591 (2012)

CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION, MANUFACTURE,

DEALING IN, ACQUISITION OR DISPOSITION, OF FIREARMS, AMMUNITION OR
EXPLOSIVES OR INSTRUMENTS USED IN THE MANUFACTURE OF FIREARMS,
AMMUNITION OR EXPLOSIVES, AND IMPOSING STIFFER PENALTIES FOR CERTAIN
VIOLATIONS THEREOF AND FOR RELEVANT PURPOSES

BOBILA, COURTNEY B. - P.D. NO. 1866

 I

To consolidate, codify, integrate and harmonize

various laws and presidential decrees which

Purpose penalized illegal possession and manufacture of

firearms, ammunition and explosives.

BOBILA, COURTNEY B. - P.D. NO. 1866

SPL
Punishable Acts and
Penalties
Reclusion Perpetua
BOBILA, COURTNEY B. - P.D. NO. 1866
Unlawful Manufacture, Sales,
Acquisition, Disposition,
Importation or Possession of an
Explosive or Incendiary Device.
(Sec. 3 as amended)
Reclusion Perpetua
Unlawful Manufacture, Sales,
Acquisition, Disposition, Importation
or Possession of a part, Ingredient,
Machinery, Tool or Instrument Used or
Intended to be Used for the
Manufacture, Construction, Assembly,
Delivery or Detonation. (Sec. 3-A as
amended)

Notes
Mere possession equivalent to
prima facie evidence
As a general rule mere possession of
any part or device mentioned shall
be prima facie evidence that the
person had knowledge of its
existence or that such person will
used it in the unlawful/illegal
manufacture, construction,
assembly, delivery or detonation of
an explosive or incendiary device.
No knowledge of existence
As an exception, a temporary,
incidental, casual, harmless, or
transient possession or control of
any or part of the device mentioned,
without the knowledge of its
existence or its explosive or
incendiary character, shall not be a
violation of this Section.
Surrendering of device to X
proper authorities
Temporary, incidental, casual, harmless, or
transient possession or control of any or
part of the device mentioned for the sole
purpose of surrendering it to the proper
authorities shall not be a violation of this
Section.
No animus possidendi
(intent to posses)
The court may determine the absence of
the intent to possess, in accordance with
the facts and circumstances of each case
and the application of other pertinent laws,
among other things, Articles 11 (justifying)
and 12 (exempting) of the Revised Penal
Code, as amended.
SPL

Punishable Acts and Penalties

Reclusion Perpetua Reclusion Perpetua

The owner, president, manager, director or

other responsible officer of any public or Criminal Liability for Planting of
private firm, company, corporation or Evidence (Sec. 4-A)
BOBILA, COURTNEY B. - P.D. NO. 1866

entity, who shall willfully or knowingly allow

any explosive or incendiary device or parts
thereof owned or controlled by such firm,
company, corporation or entity to be used
by any person or persons found guilty of
violating the provisions of the preceding
paragraphs. (Sec. 3-B as amended)
SPL

Punishable Acts and Penalties

Reclusion perpetua
Fine: P100,000.00) to P1,000,000.00
Prision correccional

Relationship of Other Crimes with a

Violation of this Decree and the Penalty Repacking or Altering the
Therefor Composition of Lawfully
BOBILA, COURTNEY B. - P.D. NO. 1866

When a violation of Section 3, 3-A or 3-B of Manufactured Explosives (Sec. 6)

is a necessary means for committing any of
the crimes defined in the Revised Penal
Code or special laws, or is in furtherance of,
incident to, in connection with, by reason of,
or on occasion of any of the crimes defined
in the Revised Penal Code or special laws.
(Sec. 3-C)
SPL

Punishable Acts and Penalties

Reclusion temporal | Fine of P500,000.00 | Administrative liability he/she may be meted out by his/her
immediate superior and/or appropriate body.

Any member of law enforcement agencies or any other government official and employee who, after due
notice, fails or refuses, intentionally or negligently, to appear as a witness for the prosecution of the
defense in any proceeding, involving violations of this Decree, without any valid reason.
BOBILA, COURTNEY B. - P.D. NO. 1866

Prisioncorreccional | Fine of not less than P10,000.00 but not more P50,000.00 |
Perpetual absolute disqualification from public office if despite due notice to them and to the witness
concerned, the former does not exert reasonable effort to present the latter to the court.

The immediate superior of the member of the law enforcement agency or any other government employee
mentioned in the preceding paragraph.
 X

Notes
No person shall be transferred or reassigned

No person mentioned above shall be transferred or reassigned to any other government office
located in another territorial jurisdiction during the pendency of the case in court.

Exception: Compelling reason. Provided that the immediate superior shall notify the court where
the case is pending of the order to transfer or reassign, within twenty-four (24) hours from its
approval and the immediate superior shall be penalized should he/she fail to notify the court of
such order to transfer or reassign. (Sec. 4)
 I

Application of Double jeopardy is expressly allowed

by Sec. 3-D.

Double “Section 3-D. Former Conviction or Acquittal; Double Jeopardy. -

Subject to the provisions of the Rules of Court on double jeopardy, if the

Jeopardy
application thereof is more favorable to the accused, the conviction or
acquittal of the accused or the dismissal of the case for violation of this
Decree shall be a bar to another prosecution of the same accused for
any offense where the violation of this Decree was a necessary means
for committing the offense or in furtherance of which, incident to which,
in connection with which, by reason of which, or on occasion of which,
the violation of this Decree was committed, and vice versa.”

BOBILA, COURTNEY B. - P.D. NO. 1866

 I

There should be a continuous trial for violation of

this Decree.
Continuous The judge shall set the case for continuous trial on a daily basis

Trial from Monday to Friday or other short-term trial calendar.

(Sec. 4-B)
Purpose: To ensure speedy trial.

Termination: Case shall be terminated within ninety (90) days

from arraignment of the accused.

BOBILA, COURTNEY B. - P.D. NO. 1866

 X

Who are authorized to Import, Sell or Possess

Chemicals or Accessories for Explosives?
Only persons or entities issued a manufacturer's license, dealer's license or purchaser's
license by the Philippine National Police (PNP)-Firearms and Explosives Division may
import any of the chemical or accessories that can be used in the manufacture of
explosives or explosive ingredients from foreign suppliers, or possess or sell them to
licensed dealers or end users, as the case may be. (Sec. 4-C)
 X

What are the type of Chemicals/Accessories Covered

by this Act?
The chemicals and accessories shall exclusively refer to chlorates, nitrates, nitric acid
and such other chemicals and accessories that can be used for the manufacture of
explosives and explosive ingredients. (Sec. 4-D)
 X

What would you do if you want to import, sell or

possess the aforecited chemicals or accessories?
File an application with the chief of the PNP, stating therein the purpose for which the
license and/or permit is sought and such other information as may be required by the said
official. (Sec. 4-E)
 X

Can the acquired license be cancelled?

Yes, failure to comply with the provision of Section 4-C, 4-D and 4-E shall be sufficient
cause for the cancellation of the license and the confiscation of all such chemicals or
accessories, whether or not lawfully imported, purchased or possessed by the subject
person or entity.
 SPL
II

PD No. 10591
July 23, 2012

Comprehensive Firearms and Ammunition Regulation Act

AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON FIREARMS

AND AMMUNITION AND PROVIDING PENALTIES FOR VIOLATIONS
THEREOF

BOBILA, COURTNEY B. - P.D. NO. 1866

 II

Punishable Act and Penalties

Reclusion Perpetua Reclusion Perpetua Reclusion Perpetua

Unlawful Acquisition, or Planting of evidence by Arms Smuggling

Possession of Class-B a public officer or (Sec. 33)
light weapon; employee

Class-B Light weapons refer to weapons designed for use by two (2) or more persons serving as a crew, or rifles and
machine guns exceeding caliber 7.62MM such as heavy machine guns, handheld underbarrel and mounted grenade
launchers, portable anti-aircraft guns, portable anti-tank guns, recoilless rifles, portable launchers of anti-tank missile
and rocket systems, portable launchers of anti-aircraft missile systems, and mortars of a caliber of less than 100MM.

BOBILA, COURTNEY B. - P.D. NO. 1866

 I

Requisites for (1) The existence of subject firearm; and,

illegal (2) The fact that the accused who possessed or
possession of owned the same does not have the
corresponding license for it.
firearms

BOBILA, COURTNEY B. - P.D. NO. 1866

 II

Punishable Act and Penalties

Reclusion temporal -
Reclusion Perpetua
Unlawful Acquisition, or
Possession of three (3)
or more small arms or
Class-A light weapons
Reclusion temporal - Reclusion Perpetua
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.

Class-A Light weapons refer to self-loading pistols, rifles and carbines, submachine guns, assault rifles
and light machine guns not exceeding caliber 7.62MM which have fully automatic mode.

BOBILA, COURTNEY B. - P.D. NO. 1866

 II

Punishable Act and Penalties

Reclusion temporal
Disposition, Sale or Transfer of government-issued firearms, ammunition or major parts of firearms or light
weapons by any law enforcement agent or public officer to private individuals.

Prision Mayor in its maximum period

1. Unlawful Acquisition, or Possession of Class-A light weapon ;

2. Unlawful Acquisition, or Possession of a major part of a Class-B light weapon;
3. Unlawful Acquisition, or Possession of ammunition for a Class-B light weapon; and
4. Planting Evidence – any person who shall willfully and maliciously insert; place, and/or attach, directly or
indirectly, through any overt or covert act, any firearm, or ammunition, or parts thereof in the person, house,
effects, or in the immediate vicinity of an innocent individual for the purpose of implicating or incriminating the
person, or imputing the commission of any violation of the provisions of this Act to said individual.

BOBILA, COURTNEY B. - P.D. NO. 1866

 II

Punishable Act and Penalties

Prision mayor in its medium period (from 8 years and 1 day to 10 years)
1. Unlawful Acquisition, or Possession of a Small Arm;
2. Unlawful Acquisition, or Possession of a major part of a Class-A light weapon; and
3. Unlawful Acquisition, or Possession of an ammunition for a Class-A light weapon.
Prision mayor in its minimum period (from 6 years and 1 day to 8 years)

1. Acquisition or Possession of a major part of a small arm; and

2. Acquisition or Possession of an ammunition for a small arm or Class-A light weapon.

Prision correccional to Prision mayor in its minimum period

Tampering, Obliteration or Alteration of Firearms Identification

BOBILA, COURTNEY B. - P.D. NO. 1866
 II

Punishable Act and Penalties

Prision correccional (6 months and 1 day to 6 years)

1. Absence of Permit to Carry Outside of Residence. – The penalty of prision correccional
(From 6 months and 1 day to 6 years) and a fine of Ten thousand pesos (P10,000.00) shall
be imposed upon any person who is licensed to own a firearm but who shall carry the
registered firearm outside his/her residence without any legal authority therefor.
2. Illegal Transfer/Registration of Firearms
3. Any public officer or employee or any person who shall facilitate the registration of a
firearm through fraud, deceit, misrepresentation or submission of falsified documents
shall suffer the penalty of prision correccional.

BOBILA, COURTNEY B. - P.D. NO. 1866

 II

Punishable Act and Penalties

Fine Only
Failure to Notify Lost or Stolen Firearm or Light Weapon. – A fine of Ten thousand pesos
(P10,000.00) shall be imposed upon any licensed firearm holder who fails to report to the
FEO of the PNP that the subject firearm has been lost or stolen within a period of thirty (30)
days from the date of discovery.

Likewise, a fine of Five thousand pesos (P5,000.00) shall be imposed upon any person
holding a valid firearm license who changes residence or office address other than that
indicated in the license card and fails within a period of thirty (30) days from said transfer to
notify the FEO of the PNP of such change of address.

BOBILA, COURTNEY B. - P.D. NO. 1866

 II

Use of Loose Firearm in the Commission of a Crime (Sec. 29)

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.

BOBILA, COURTNEY B. - P.D. NO. 1866

 II

Use of Loose Firearm in the Commission of a Crime (Sec. 29)

The use of a loose firearm, when inherent in the commission of a crime punishable
under the RPC or other special laws, shall be considered as an aggravating
circumstance.

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 setion (Section 28), the penalty for illegal
possession of firearm shall be imposed in lieu of the penalty for the crime charged.

if the crime committed with the use of a loose firearm is penalized by the law with a maximum penalty
which is equal to that imposed under Section 28 for illegal possession of firearms, the penalty of prision
mayor in its minimum period shall be imposed in addition to the penalty for the crime punishable under
the RPC or other special laws of which he/she is found guilt

BOBILA, COURTNEY B. - P.D. NO. 1866

 II

Use of Loose Firearm in the Commission of a Crime (Sec. 29)

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

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

BOBILA, COURTNEY B. - P.D. NO. 1866

 II

Use of an Imitation Firearm (Sec. 35)

An imitation firearm used in the commission of a crime shall be considered a real firearm as
defined in this Act and the person who committed the crime shall be punished in accordance
with R.A. No. 10591

Exception
Injuries caused on the occasion of the conduct of competitions, sports, games, or any
recreation activities involving imitation firearms shall not be punishable under this Act.

BOBILA, COURTNEY B. - P.D. NO. 1866

 II

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

Requisites:

1. Filipino citizen,
2. at least twenty-one (21) years old
3. 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. Pay reasonable licensing fees
5. An applicant who intends to possess a firearm owned by a juridical entity shall submit
his/her duty detail order to the Firearms And Explosives Office of the PNP.

BOBILA, COURTNEY B. - P.D. NO. 1866

 II

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

In addition, the applicant shall submit the following certification issued by appropriate authorities attesting the following:
1. he applicant has not been convicted of any crime involving moral turpitude:
2. The applicant has passed the psychiatric test administered by a PNP-accredited psychologist or psychiatrist;
3. The applicant has passed the drug test conducted by an accredited and authorized drug testing laboratory or clinic;
4. The applicant has passed a gun safety seminar which is administered by the PNP or a registered and authorized gun
club;
5. The applicant has filed in writing the application to possess a registered firearm which shall state the personal
circumstances of the applicant;
6. The applicant must present a police clearance from the city or municipality police office; and
7. The applicant has not been convicted or is currently an accused in a pending criminal case before any court of law for a
crime that is punishable with a penalty of more than two (2) years.

An acquittal or permanent dismissal of a criminal case before the courts of law shall qualify the accused
thereof to qualify and acquire a license. (Sec. 4)

BOBILA, COURTNEY B. - P.D. NO. 1866

 X

Carrying of Firearms Outside of Residence or Place of Business

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

It shall be the burden of the applicant to prove that his/her life is under actual threat by
submitting a threat assessment certificate from the PNP. (Sec. 7)
 X

Carrying of Firearms Outside of Residence or Place of Business

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

(a) Members of the Philippine Bar;

(b) Certified Public Accountants;
(c) Accredited Media Practitioners;
(d) Cashiers, Bank Tellers;
(e) Priests, Ministers, Rabbi, Imams;
(f) Physicians and Nurses;
(g) Engineers; and
(h) Businessmen, who by the nature of their business or undertaking, are exposed to high risk of being
targets of criminal elements.
 X

Who have the authority to issue license?

The Chief of the PNP, through the FEO of the PNP, shall issue licenses to
qualified individuals and to cause the registration of firearms. (Sec. 8)
 X

Can the acquired license be revoked, cancelled or suspended? (Sec. 39)

Yes, The Chief of the PNP or his/her authorized representative may revoke,
cancel or suspend a license or permit on the ground provided under section 39.
 X

People v Tadeo (GR No. 127660)

FACTS:

Accused mercilessly put bullets into the head of his adversary, Mayolito Cabatu, and
thereafter shot the mother of the latter on her left buttock. He did this only because
Mayolito called him "barako“. He claimed that it was self-defense because such statement
is a provoking statement, teasing him and titillate him into a "fight"

He was charged with murder for the fatal shooting of Mayolito Cabatu (Crim. Case No. 23-
498), frustrated murder for the injury sustained by Florencia Cabatu (Crim. Case No. 23-
494), and violation of par. 2, Sec. 1, PD 1866, or qualified illegal possession of firearm, i.e.,
use of an unlicensed firearm in committing murder or homicide (Crim. Case No. 23-499).
 X

People v Tadeo (GR No. 127660)

ISSUE:

Whether the conviction of the accused where he was charged with illegal possession of a
firearm used in perpetrating the homicide and attempted homicide as a violation of par. 2,
Sec. 1, PD 1866 proper.
 X

People v Tadeo (GR No. 127660)

RULING:

No, it was not proper because violations of PD No. 1866 was decriminalization by R.A. No. 8294. It
has been expressly stated in R.A. No. 8294 that, “if homicide or murder is committed with the use
of an unlicensed firearm, such use of an unlicensed firearm shall be considered as an aggravating
circumstance.”

No distinctions between murder and homicide. The formulation in RA 8294, "[i]f homicide or
murder is committed with the use of an unlicensed firearm, such use of an unlicensed firearm shall
be considered as an aggravating circumstance," signifies a legislative intent to treat as a single
offense the illegal possession of firearms and the commission of murder or homicide with the use
of an unlicensed firearm.
 X

People v Tadeo (GR No. 127660)

RULING:

Thus where an accused used an unlicensed firearm in committing homicide or murder, he

may no longer be charged with what used to be the two (2) separate offenses of homicide
or murder under The Revised Penal Code and qualified illegal possession of firearms used
in homicide or murder under PD 1866; in other words, where murder or homicide was
committed, the penalty for illegal possession of firearms is no longer imposable since it
becomes merely a special aggravating circumstance.
 X

People v Nepumuceno (GR No. 130800)

FACTS:

Accused-appellant Guillermo Nepomuceno, Jr., (hereafter NEPOMUCENO) was charged before the RTC
with parricide in Criminal Case No. 94-136491 and with qualified illegal possession of firearm in Criminal
Case No. 94-139839. The crime of parricide was alleged to have been committed with the use of an
unlicensed firearm. He was convicted first of parricide. Then the RTC proceeded to the second case,
qualified illegal possession of firearm.

RTC: Convicted Nepumuceno stating that the elements of the crime of aggravated illegal possession of
firearm were present, to wit:
(1)there must be a firearm;
(2)the gun was possessed by the accused;
(3)the accused had no license from the government; and
(4)homicide or murder was committed by the accused with the use of said firearm.
 X

People v Nepumuceno (GR No. 130800)

ISSUE:

Whether Nepumuceno should be convicted with the the crime of aggravated illegal
possession of firearm.
 X

People v Nepumuceno (GR No. 130800)

RULING:

No, R.A.. No. 8294 Section 1 thereof radically amended Section 1 of P.D. No. 1866 by, among other things, revising
the second paragraph of Section 1 of P.D. No. 1866 from the following:
“If homicide or murder is committed with the use of an unlicensed firearm, such use of an unlicensed firearm shall be
considered as an aggravating circumstance.”

Pursuant to the amendment, the use of an unlicensed firearm in the commission of murder or homicide is treated
as an aggravating circumstance. Therefore, the illegal possession or use of the unlicensed firearm is no longer
separately punished.

Being clearly favorable to NEPOMUCENO, who is not a habitual criminal, the amendment to the second paragraph
of Section 1 of P.D. No. 1866 by R.A.. No. 8294 should be given retroactive effect in this case.

(the crime of illegal possession of firearm was committed on 2 May 1994, i.e., before the approval of R.A.. No. 8294
on 6 June 1997.)
 X

People v Avecilla (GR No. 117033)

FACTS:

Accused-appellant was charged with the crime of Qualified Illegal Possession of Firearm. It appears from
the records that, accused-appellant arrived at the basketball court located on Dapo Street, Pandacan,
Manila, and, for no apparent reason, suddenly fired a gun in the air. He then went to a nearby alley and,
minutes later, proceeded to the closed store about four (4) meters away from the basketball court. There,
he initiated an argument with the group of Boy Manalaysay, Jimmy Tolentino and MacarioAfable, Jr.
Afable tried to pacify accused-appellant, whereupon, the latter placed his left arm around Afable's neck
and shot him pointblank on the abdomen. Afable ran toward the alley and accused-appellant ran after him.
Another shot rang out, so one of the bystanders, Carlos Taganas, went to the alley and there, he saw
accused-appellant and Afable grappling for possession of the gun. The Chief Barangay Tanod arrived and
was able to wrest the gun away from accused-appellant, who immediately fled from the scene of the
incident. Afable was rushed to the Philippine General Hospital, where he eventually expired.
 X

People v Avecilla (GR No. 117033)

RTC – Convicted him. Records and the evidence show that the elements of the offense of
qualified illegal possession of firearms was present: 1. there must be a firearm; 2. the gun was
possessed by the accused; 3. the accused had no license from the government; and 4. homicide
or murder was committed by the accused with the use of said firearm

ISSUE:

Whether the conviction was proper.

 X

People v Avecilla (GR No. 117033)

RULING:
The crime of illegal possession of firearm, in its simple form, is committed only where the unlicensed
firearm is not used to commit any of the crimes of murder, homicide, rebellion, insurrection, sedition or
attempted coup d'etat.

Otherwise, the use of unlicensed firearm would be treated either:

(1)as an essential ingredient in the crimes of rebellion, insurrection, sedition or attempted coup d'etat; or
(2)as an aggravating circumstance in murder or homicide.

Accused-appellant cannot be convicted of homicide or murder with "the use of the unlicensed firearm as
aggravating," inasmuch as said felonies are not charged in the information but merely mentioned as the
result of the use of the unlicensed firearm. Accused-appellant was not arraigned for homicide or murder.
Hence, he cannot be convicted of any of these crimes without violating his right to be informed of the
nature and cause of the accusation against him, not to mention his right to due process.