Implementing Guidelines and Procedures for the Disposition of Firearms, Explosives and Ammunition (FEA) of the Former Rebels (FR) and Militia Ng Bayan (MB) ( DILG Circular No. 17-18 )

July 05, 2018

July 5, 2018

DILG CIRCULAR NO. 17-18

TO : PNP Chief, PNP Directorial Staff/Regional/Provincial/HUC Directors, DILG Regional/Provincial/HUC Directors, DILG Central/Regional/Provincial/HUC E-Clip Focal Persons, Provincial/HUC E-Clip Committee Members and Others Concerned
     
SUBJECT : Implementing Guidelines and Procedures for the Disposition of Firearms, Explosives and Ammunition (FEA) of the Former Rebels (FR) and Militia Ng Bayan (MB)

 

I. REFERENCES

A. DILG-DND Joint Memorandum Circular (JMC) No. 2018-01 dated July 5, 2018 entitled: "Implementing Guidelines for the Provision of DILG-Administered Package of Assistance for Former Rebels (FRs) and Militia ng Bayan (MB)" (Annex A);

B. PNP Command Memorandum Circular No. 24-2013 entitled "Guidelines and Procedures for the Demilitarization and Disposal of Firearms, Explosives and Ammunition" dated 23 July 2013 (Annex B);

C. PNP Guidelines and Procedures for the Disposition of Arms of the Cordillera People's Liberation Army (CPLA) pursuant to the Memorandum of Agreement (MOA) "Towards the CPLA's Final Disposition of Arms and Forces and its Transformation into a Potent Socio-Economic Unarmed Force" (Closure Agreement)," dated 31 July 2012 (Annex C);

D. Valuation Committee on Cordillera People's Liberation Army-Disposition of Arms and Forces Resolution No. 2 Series of 2012 (Annex D); and,

E. PNP Memorandum entitled "Revised PNP Standard Cost Valuation for Issued and Loaned Firearms dated 5 June 2013 (Annex E).

II. PURPOSE

This Circular is issued to ensure that Item VII (Benefits and Other Assistance) (A)(6) of the Implementing Guidelines for the Provision of DILG-Administered Package of Assistance for Former Rebels (FRs) and Militia ng Bayan (MB) of the DILG-DND JMC No. 2018-01, dated July 5, 2018 shall be executed accordingly.

III. GUIDING PRINCIPLES

A. Firearms remuneration shall serve as an additional fund to support the individual reintegration plan of the FR.

B. Firearms explosives and ammunition turned-in by former rebels, provided they are certified "cleared" by the PNP, 1 shall be demilitarized and disposed as they have been used in furtherance of rebellion.

C. Transparency and accountability measures ensuring full and strict documentation of the process shall be employed to prevent the cannibalization and pilferage of turned-in firearms.

IV. SCOPE

This Circular shall cover all Firearms, Explosives and Ammunition (FEA) turned-in by former regular rebels and Militia ng Bayan that have undergone the authentication and profiling processes under the program. Remuneration shall be limited to the cost valuation of firearms while explosives and ammunition will not be remunerated.

V. DEFINITION OF TERMS

All the terms defined in the PNP Command Memorandum Circular No. 24-2013, issued on 23 July 2013, entitled: "Guidelines and Procedures for the Demilitarization and Disposal of Firearms, Explosives and Ammunition," shall be adopted for the purpose of this Circular. Other terms shall be defined as follows:

A. Program Beneficiary — refers to the former regular NPA member and Militia ng Bayan who has expressed the desire to abandon armed violence and become a productive member of the society; and, who has undergone the authentication process, profiling and needs assessment by the Local Social Welfare and Development Officer (LSWDO).

B. E-CLIP Committee — refers to the mechanism created at the Provincial/HUC level through the issuance of an Executive Order by the Provincial Governor/HUC Mayor, who shall chair the said Committee and will be Co-chaired by the AFP commanding officer of the Brigade. It shall be composed of representatives from the LSWDO, DILG Provincial/HUC Office, PNP and the CSO, a member of the Provincial/HUC Peace and Order Council.

C. Cost Valuation — refers to the valuated cost of the firearm based on the price ceiling set for a particular kind, make, and caliber and its condition upon turn-in, which shall be determined by the PNP Provincial/HUC Logistics Office, AFP and Provincial/HUC DILG representatives of the E-CLIP committee.

D. Firearms Information Management System (FIMS) — refers to the compilation of all data and information on firearms ownership and disposition for record purposes.

E. Individual Reintegration Plan — refers to the plan resulting from the individual assessment undertaken by the LSWDO with the FR. The identified needs of the FR shall be matched with the existing available resources of the province or resources that may be tapped to address the needs of the FR.

F. Receiving Unit — refers to any of the following institutions or personalities with whom the FR feels safe and confident to surface: AFP, PNP, CSOs, Local Government Unit officials, business, church or community leaders and to any civilian individual with whom the FR feels safe and confident to surface.

G. Regular NPA Members — refers to full-time NPA members, such as those belonging to Sandatahang Yunit Pampropaganda (SYP), Platoon Gerilya (PLAGER), Sentro de Grabidad (SDG) and Regional Youth Gerilya (RYG).

VI. IMPLEMENTING MECHANISMS

A. Receiving Unit — shall take primary responsibility in informing the FR of the program process and endorsing them to the Provincial/HUC Social Welfare Development Officer (P/HUCSWDO) for profiling and processing of assistance under the E-CLIP.

B. Police Regional Office Firearms, Explosives, and Ammunitions Disposal Committee (PRO FEADC) and Secretariat (created by virtue of PNP Command Memorandum Circular No. 24-2013) — shall perform the functions and responsibilities as provided in the said Circular.

C. E-CLIP Committee — shall task its PNP, AFP and Provincial/HUC DILG members to determine the cost valuation of firearms based on the procedures set forth in Item VII (C) of this Circular.

D. PNP Regional Supply Accountable Officer (RSAO) — shall manage the repository of all the pre-demilitarized firearms.

VII. PROCESSES AND PROCEDURES (See Annex F for Flowchart)

These processes and procedures shall be followed in relation to the Actual Surfacing and Implementation Phases of the E-CLIP (Item IX, E-CLIP JMC).

A. Turn-in and Turn-Over of Firearms, Explosives and Ammunition (FEA)

1. The receiving unit shall immediately notify the E-CLIP Committee of FEA to be turned-in by the FRs.

2. The following are the forms that need to be accomplished by the AFP/PNP upon receipt of the firearms:

a. Property Turn-in Slip (PTIS) (Annex G);

b. Photo documentation (photograph of the FR with his/her FEA and a separate photograph of the FEA); and,

c. Technical Inspection Report (TIR) (Annex H).

3. The receiving unit shall adopt the following processes accordingly:

a. If the receiving unit is a civilian entity (LGU officials, church, business or community leaders, or any other civilian individual), it shall facilitate the turn-in of the FEA to the nearest AFP or PNP Unit at the soonest possible time.

b. If the receiving unit is the AFP, it shall document the firearms following its standard technical inspection procedures. The AFP shall then turn over the firearms together with the original copies of the accomplished documents to the nearest Provincial/HUC PNP, which will in turn issue an Acknowledgement Receipt. The AFP shall also provide a certified true copy of the PTIS to the concerned FR.

c. If the receiving unit is the Provincial/HUC/Municipal PNP, it shall document the firearms following its standard technical inspection procedures. It shall then turn over the firearms together with the original copies of the accomplished documents to the Regional PNP, which will in turn issue an Acknowledgement Receipt. The PNP shall also provide a certified true copy of the PTIS to the concerned FR.

4. The Provincial/HUC/Municipal PNP shall provide a complete set of the documents to the E-CLIP Committee.

5. The receiving unit, either the AFP or PNP, shall document the explosives and ammunition following its standard technical inspection procedures. All turned-in explosives and ammunition shall be immediately turned-over to the nearest AFP or PNP Regional/Provincial Explosive Ordinance Unit in the area for proper disposition.

B. Documentation and Recording of Firearms, Explosives and Ammunition (FEA) by the PRO FEADC

The documentation and recording of firearms are aimed at establishing ownership/possession, accounting for the number, and determining the kind, caliber and make of firearms of all E-CLIP beneficiaries and recording these information in the database.

1. The PRO FEADC shall manage the transportation and warehousing of all firearms collected from the different Provincial/HUC/Municipal Police Offices.

2. Immediately upon receipt of custody of the firearm and the supporting documents, the PRO FEADC shall designate the proper offices to conduct the following procedures:

a. Conduct of the forensic examination i.e., ballistics, macro etching of the FAs shall be done by the PNP Crime Laboratory, which shall treat the process as urgent and finish the examination within two (2) weeks, or as soon as practicable, from receipt of the firearms. To ensure compliance, augmentation of staff may be done as needed. Funding for this purpose shall also be ensured.

b. Parallel with the process of forensic examination, a cross-matching of the firearm details with the Firearms Information Management System (FIMS) shall be done by the Regional Firearms Explosives Security Agency and Guard Supervisory Section (RFESAGSS) to determine ownership of the firearms in coordination with the FEO, CSG. Findings shall be indicated in the remarks portion of the TIR. If the firearm is licensed to a person other than a Former New People's Army (NPA) Rebel (FR) and if no such claim is presented within 5 years after due notification to the licensed owner, the firearm shall be demilitarized in accordance with the PNP's approved standards and procedures.

c. In case the firearm examined was found to have been used in the commission of a crime, the firearm shall be turned-over to the concerned office/unit handling the case for proper disposition. The findings and action taken shall be indicated in the remarks portion of the TIR. Demilitarization of said firearm shall only be done after the issuance of court order.

d. After receipt of clearance from the PNP Crime Laboratory and RFESAGSS, pre-demilitarization of firearms shall be done by the PRO FEADC through the following procedures:

 Sorting and inspection of stocked ammunition in the chamber

 Itemizing and documentation of FEA

 Disassembling (separating metal parts from wood and aluminum)

 Pre-demilitarization Inspection

e. Repository of all the pre-demilitarized firearms shall be managed by the PNP Regional Supply Accountable Officer (RSAO) to avoid pilferage/cannibalization. This will be done within twenty four (24) hours after the issuance of the Crime Laboratory Certificate.

3. The PRO FEADC Secretariat shall maintain a record of all turned-in firearms. It shall also provide a copy of the report on its findings to the E-CLIP Committee.

C. Cost Valuation and Remuneration by the E-CLIP Committee

1. Immediately upon receipt of the PTIS, photo documentation and TIR of the turned-in firearm, the E-CLIP Committee shall request the DILG Program Management Office (PMO) to countercheck the turned-in firearm details in their database to determine if these have already been turned-in for the availment of benefits under previous programs. Findings shall be indicated in the remarks portion of the TIR. If the firearm has already been remunerated under a previous program, it shall no longer be remunerated under the E-CLIP.

2. The PNP, AFP and P/HUC DILG representatives to the E-CLIP Committee, provided with a copy of the PTIS, TIR and photo documentation, will evaluate and determine the cost valuation of turned-in firearms which shall be given to the FR. Remuneration shall be provided to the FR regardless of whether the firearm is government owned, privately-owned, or has been involved in a crime.

3. The cost valuation shall be based on the standard price ceiling set for a particular kind, caliber and make of firearm and its condition upon turn in.

4. The price ceilings are as follows:

 

KIND

CALIBER

MAKE

PRICE CEILING

Revolver

.22

Armscor (Ordinary LR)

12,000.00

 

.22 Magnum

Armscor (MRF)

15,000.00

 

.22

Smith and Wesson Magnum Jet

34,000.00

 

.357 Magnum

 

30,000.00

 

.44 Magnum

 

35.000.00

 

.32

 

26,000.00

 

.38

Colt (Foreign made)

35,000.00

 

.38

Smith & Wesson

30,000.00

 

.38

Ruger/D & W

18,000.00

 

.38

Local made

12,000.00

 

Pistol

.22

Berreta

25,000.00

 

.22

Jennings/Phoenix

10,500.00

 

.22

LR

16,000.00

 

.25

Foreign made

23,600.00

 

.32

 

32,000.00

 

.380

Walther

34,000.00

 

.380

Llama

18,500.00

 

.38 Super

Viper

13,500.00

 

9mm

Berreta/HK MP5 parabellum

44,000.00

 

9mm

Daewoo

22,500.00

 

9mm

Browning

58,000.00

 

9mm

Feg

21,000.00

 

9mm

Glock, Sig-Sauer

35,000.00

 

9mm

Armscor model 1911

22,000.00

 

9mm

Star

10,750.00

 

9mm

Norinco (NP and Viper)

8,557.00

 

9mm

CZ 75 PO 7 DUTY

23,333.00

 

9mm

Bereta Stoeger

23,000.00

 

9mm

Tanfoglio/Force Model

23,000.00

 

9mm

Glock 17

47,000.00

 

9mm

Glock 19

47,000.00

 

9mm

Jericho (Steel), Old Model

23,292.50

 

9mm

Jericho (Polymer)

23,000.00

 

9mm

Taurus

23,000.00

 

.45

Cougar

69,412.25

 

.45

Llama Max-1, L/F

17,760.00

 

.45

Model 1911(Foreign made)

25,000.00

 

.45

Armscor (1911)

16,500.00

 

.45

Armscor (Hi-Cap)

23,000.00

 

.45

Norinco

17,000.00

 

.45

Colt/Swissvale/Ithaca/Remington

39,000.00

 

.45

Smith and Wesson Model 645

26,000.00

 

.45

Para-Ordnance

93,000.00

 

.40

Taurus

43,000.00

 

Shotgun

12 ga

Squires Bingham (local)

16,000.00

 

12 ga

SAS

18,000.00

 

12 ga

Armscor (local)

13,000.00

 

12 ga

Winchester

40,000.00

 

12 ga

Remington

35,000.00

 

12 ga

Steven

30,000.00

 

12 ga

Street Sweeper

60,000.00

 

12 ga

Mossberg

20,000.00

 

12 ga

(Foreign made)

35,000.00

 

12 ga

M30 (Armscor)

15,000.00

 

12 ga

Semi-Auto (Hatsan)

24,000.00

 

12 ga

Semi-Auto (Escort)

19,092.00

 

12 ga

Semi-Auto (Stoeger)

21,000.00

 

Rifle

5.56

Elisco (M16)

45,000.00

 

5.56

Bushmaster (M16A2)

75,000.00

 

5.56

Colt (M16)

50,000.00

 

5.56

Norinco (M16) M4

69,400.00

 

5.56

Olympic Arm

107,000.00

 

5.56

Assault Rifle Bull PUP (TAVOR CTAR)

150,000.00

 

5.56

Rock River Arms (M16) M4

96,728.00

 

7.62

M14

60,000.00

 

7.62

AK 47

58,000.00

 

Sub-Machine Gun

5.56

Aug Styr

70,000.00

 

5.56

Colt (M653)

60,000.00

 

.45

M3

28,000.00

 

9mm

UZI

45,000.00

 

9mm

MK 9

35,000.00

 

9mm

HK MP5

150,000.00

 

9mm

KG-9 SMG

43,000.00

 

Light Machine Gun

7.62

M173

210,000.00

 

7.62

M160

214,000.00

 

30

M1919

95,000.00

 

5.56

MINIMI

100,000.00

 

5.56

ULTIMAX

93,000.00

 

5.56

NEGEV

449,000.00

 

50

M2HB

388,500.00

 

Heavy Machine Gun

7.62

M73

279,510.00

 

Grenade Launcher

40mm

M79

35,000.00

 

40mm

M203

40,000.00

 

40mm

Floro International

74,500.00

 

40mm

FERFRANS

89,888.00

 

Auto Grenade Launcher

40mm

Cartridge Shell HV LINK

2,107,416.22

 

Vintage Firearm

30

Springfield (M1903)

10,000.00

 

30

Enfield

10,000.00

 

30

US Carbine (M1)

20,000.00

 

30

US Carbine (M2)

25,000.00

 

30

US Rifle M1 Garand

30,000.00

 

30

Browning Automatic Rifle (BAR)

35,000.00

 

30

Light Machine Gun (LMG)

95,000.00

 

.45

Thompson (SMGUN)

12,000.00

 

.45

Grease Gun

12,000.00

 

Home-made "Paltik" Firearm

 

Crew Served (Any Caliber)

10,000.00

 

 

Shoulder Fired (AC)

8,000

 

 

Machine Pistols (AC)

5,000

 

 

Hand Gun (AC)

2,000

 

 

Shotguns (Any Gauge)

2,000

 

5. The following are the guidelines in the evaluation of the firearms upon turn-in which shall have a bearing on the computation of the cost valuation.

a. Good Condition (G) (100%)

The condition in which all parts of the firearm requires no alteration or repair for them to function. Firearms evaluated as being in Good Condition shall have an equivalent cost valuation of 100% of the price ceiling.

b. Fair Condition (F) (50%)

The condition in which some parts of the firearm require repair for them to function. Firearms evaluated as being in Fair Condition shall have an equivalent cost valuation of 50% of the price ceiling.

c. Scrap Condition (10%)

The condition in which a firearm is no longer functional. Firearms evaluated as being in Scrap Condition shall have an equivalent cost valuation of 10% of the price ceiling.

6. Upon determination of the cost valuation, the PNP, AFP, and DILG P/HUC E-CLIP Committee representatives shall accomplish and affix their signatures on the cost valuation form (Annex I).

7. Prior to the remuneration of the FA, the LSWDO shall interview the E-CLIP beneficiary relative to the fund utilization, which shall serve as additional fund to support the individual reintegration plan of the FR.

8. Payment for the valuated firearms shall be through the Provincial/HUC DILG. The P/HUC DILG shall prepare individual checks of the E-CLIP beneficiary/ies following the existing guidelines as stipulated in the E-CLIP JMC. P/HUC DILG then releases the check to the FR through the E-CLIP Committee.

D. Final Demilitarization and Disposal of Firearms

As a general rule, all turned-in firearms by FRs shall undergo the complete process of demilitarization consistent with internationally accepted standards and proper auditing procedures. They will not be used, recycled or re-issued. However, for those used in a crime and required by an appropriate court for safekeeping, disposition shall commence upon the finality of judgment on the case.

Demilitarization and disposal procedures for FEAs shall follow the guidelines and procedures set forth by the PNP in Command Memorandum Circular No. 24-2013 entitled "Guidelines and Procedures for the Demilitarization of Firearms, Explosives and Ammunition" dated 23 July 2013.

1. Demilitarization of firearms shall be done by the PRO FEADC through the following procedures:

 Cutting of individual steel pieces using circular saw or blowtorch into sections

 Bending and deforming each piece

 Deforming hammer and trigger using blowtorch

 Cutting or chopping wooden parts

 Stamping aluminum parts

As far as practicable, demilitarization shall be done in the presence of the local community members/media representatives.

2. Post-Demilitarization of Firearms after they have been destroyed shall be done by the PRO FEADC through the following procedures:

 Sorting and depositing the scrap in wooden crates for safekeeping/disposition

 Sale of the scrap through Public Bidding

VIII. REPEALING CLAUSE

A. Circular No. 2015-03, dated April 1, 2015, entitled: "Implementing Guidelines and Procedures for the Disposition of Firearms, Explosives and Ammunition (FEA) of the Former New People's Army (NPA) Rebels (FR) under the Comprehensive Local Integration Program (CLIP)" is hereby cancelled.

B. All existing issuances issued by the DILG which are inconsistent herewith are hereby amended or rescinded accordingly.

IX. EFFECTIVITY

This set of guidelines shall take effect immediately.

X. APPROVING AUTHORITY

(SGD.) EDUARDO M. AÑOOfficer-in-Charge, DILG

XI. FEEDBACK

For related queries, kindly contact the National Barangay Operations Office (NBOO) at Tel. Nos. (02) 925-0328 or (02) 925-1137, or e-mail us at [email protected]

ANNEX Fn

Implementing Guidelines and Procedures for the Disposition of Firearms, Explosives and

ANNEX G

Property Turn-In Slip

ANNEX H

Technical Inspection Report

ANNEX I

Cost Valuation of Inventoried Firearms

Footnotes

1. PNP certification of "cleared" are given to firearms that are not material evidence to an existing court case, and/or firearms that have no claim presented by private legal owner.

n Note from the Publisher: Copied verbatim from the official document.