Fixing the Period of Time for Surrender of Unlicensed or Loose Firearms Without Holder Incurring Criminal Liability

September 19, 1980

PRESIDENTIAL DECREE NO. 1723

FIXING THE PERIOD OF TIME WITHIN WHICH UNLICENSED OR LOOSE FIREARMS MUST BE SURRENDERED WITHOUT THE HOLDER INCURRING CRIMINAL LIABILITY AND FOR OTHER PURPOSES

WHEREAS, reports from the law enforcement agencies reveal that there are still plenty of loose or unauthorized firearms in the possession of individuals who desire to dispose of such firearms but are prevented by fear of getting caught, prosecuted and severely punished in accordance with existing firearms laws;

WHEREAS, said reports further reveal that these loose or unauthorized firearms fall into the hands of common criminal and other lawless elements, thereby retarding the Government's efforts toward the early restoration of peace and order which are vital to the process of normalization; acd

WHEREAS, experience has shown that at the onset of martial law, the Government succeeded in collecting more than half a million firearms from unauthorized holders through vigorous implementation of the firearm laws coupled with an effective policy of attraction, such as the dispensing with the prosecution of those who voluntarily surrendered their firearms;

WHEREAS, in order to give loose or unauthorized firearms holders who are not necessarily criminals the opportunity to dispose of their firearms without incurring criminal liability, it is imperative that a law for such purpose be promulgated.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree as part of the law of the land, the following:

SECTION 1. Surrender of Firearms and Ammunition. — All laws, rules and regulations to the contrary notwithstanding, any person holding or possessing any firearm or ammunition not covered by license or permit prescribed by law may, without incurring any criminal liability, surrender the same to the Government within a period of three (3) months from the date of effectivity of this Decree.

SECTION 2. Licensing of Surrendered Firearms. — The holder or possessor of the firearm surrendered in accordance with this Decree may apply to possess the same under license provided that the following conditions exist:

a. He is qualified to possess a firearm in accordance with existing laws; and

b. The surrendered firearm is within the number, type and caliber authorized to be possessed by the applicant.

SECTION 3. Compensation for Surrendered Firearms. — A firearm which may not be possessed under license by the person who surrendered it may be applied for to be purchased/possessed by qualified individuals, firms or corporations who/which shall pay the corresponding price of such firearm. The payment shall accrue in favor of the holder/possessor who surrendered the firearm. For this purpose, each firearm surrendered in accordance herewith shall be assessed or valuated in accordance with the cost of firearms lawfully acquired. cd i

SECTION 4. Effect on Previous Cases. — This Decree shall not in any manner affect cases involving violations of General Orders No. 6, as amended, in conjunction with Presidential Decree No. 9, and/or Sections 877 to 906, in relation to Section 2692, all of the Revised Administrative Code, as amended, which have already been disposed of by or are still pending before the police agencies or the courts or other proper offices of the government.

SECTION 5. Rules and Regulations. — The Chief of Constabulary/Director General, Integrated National Police shall, with the approval of the Minister of National Defense, promulgate the rules and regulations for the effective implementation of this Decree.

SECTION 6. Effectivity. — This Decree takes effect upon approval.

SECTION 7. Repealing Clause. — All laws, rules and regulations inconsistent herewith are hereby repealed and/or modified accordingly. cd i

DONE in the City of Manila, this 19th day of September, in the year of Our Lord, Nineteen Hundred and Eighty.

Published in the Official Gazette, Vol. 76 No. 44, 8231-82 Supp., on November 3, 1980.