Implementing Rules and Regulations of Executive Order No. 580 Amending Executive Order No. 256 Dated December 21, 1995 and Executive Order No. 197 Dated January 13, 2000 on the Imposition of Administrative Fine for Loss of Firearm (November 21, 2006)

May 17, 2008

FIREARMS AND EXPLOSIVES DIVISION

IMPLEMENTING RULES AND REGULATIONS OF EXECUTIVE ORDER NO. 580 AMENDING EXECUTIVE ORDER NO. 256 DATED DECEMBER 21, 1995 AND EXECUTIVE ORDER NO. 197 DATED JANUARY 13, 2000 ON THE IMPOSITION OF ADMINISTRATIVE FINE FOR LOSS OF FIREARM (NOVEMBER 21, 2006)

SECTION 1. References:

a. Executive Order No. 256 entitled "Revising EO No. 58, s. 1987, By Rationalizing the Fees and Charges on Firearms, Ammunition, Spare Parts, Accessories, components, Explosives, Explosives Ingredients, Pyrotechnic and Devices", dated December 21, 1995.

b. Implementing Rules and Regulations of Executive Order No. 256.

SECTION 2. Purpose:

The following rules and regulations are hereby promulgated for the effective implementation of Executive Order No. 580 dated November 21, 2006, amending certain provisions of Executive Order No. 256 dated December 21, 1995 particularly on the imposition of administrative fine for loss of firearm.

SECTION 3. Definition of Terms:

1) Certificate of Registration/Firearm License

a. Regular License (RL) — issued to private individuals for personally-owned firearms and to security agencies/company guard forces for the sole use of their security guards. TDAHCS

b. Long Regular License (LRL) — issued to private firms, establishments, or corporations for firearms used by their employees who are not security guards.

c. Short Regular License (SRL) — issued to private employees by their employers for firearms covered by LRL.

d. Long Certificate of Registration (LCR) — issued to government agencies or offices and government controlled corporations for firearms used by their officials and employees.

e. Short Certificate of Registration (SCR) — granted to government officials or employees for firearms covered by a Long Certificate of Registration (LCR).

2) Special Permits (SP) — issued to government officials and employees for privately owned firearms.

3) Firearm Bond — amount intended as a security against the loss of licensed firearms and payment for administrative fine as a consequence therein. It is likewise intended as a commitment bond to follow all existing laws and regulations. Firearms bond for firearms covered by Certificate of Registration and Special Permit in the amount equivalent to the administrative fine shall be deposited as a firearm bond with any duly designated bank(s) with extensive network in the country capable of servicing the licensed firearm holders nationwide or as a surety bond duly issued by an accredited surety company. The corresponding bond certificate shall be surrendered by the applicant/licensee to the Firearms and Explosives Division, which shall be forfeited in favor of the Philippine National Police if and when a particular firearm is reported lost and/or upon revocation of license by proper authority. TICAcD

4) Administrative Fine — fines paid for the loss of firearms covered by special permit and certificate of registration and/or upon revocation of firearm license.

SECTION 4. Scope:

These Implementing Rules and Regulations cover the charges and fees, procedure of payment of administrative fines for all firearm license applicants of the Firearms and Explosives Division, Civil Security Group of the Philippine National Police.

SECTION 5. General Guidelines:

The Firearms and Explosives Division (FED), Civil Security Group shall impose and implement these revised rates of administrative fines for all firearms licensees.

SECTION 6. Payment of Fees and Charges:

a) The rate of administrative fine for loss of firearm regardless of the type and/or caliber which is covered by Special Permit (SP) or Certificate of Registration (CR) shall be as follows:

 First Offense — P5,000.00 — For each firearm lost during the first reported loss of firearm. SEIDAC

 Second Offense — P10,000.00 — For each firearm lost during the second reported loss of firearm; and,

 Third & Final Offense — P15,000.00 — For each firearm lost during the third reported loss of firearm and Permanent Disqualification from possessing any firearm regardless of type or caliber.

b) The firearm bond for firearms covered by Special Permit (SP) or Certificate of Registration (SR) in the amount equivalent to the administrative fine shall be deposited with any duly designated bank(s) with extensive network in the country capable of servicing the licensed firearm holders nationwide or as a surety bond duly issued by an accredited surety company. The corresponding bond certificate shall be surrendered by the applicant/licensee to the Firearms and Explosives Division, which shall be forfeited in favor of the Philippine National Police if and when a particular firearm is reported lost and/or license is revoked. Thus, forfeiture (of the bond) immediately attaches once a bonded firearm is reported lost.

c) Procedures of Payment

1) All applicants to possess a licensed firearm in Metro Manila shall submit all documentary requirements to FED, CSG at Camp Crame, Quezon City. Applications from the regions may be filed at FESAGS, ROPD, Police Regional Office for evaluation, inspection and verification of the documents to ascertain their validity and completeness and same should be forwarded to the Firearms and Explosives Division for processing.

2) Firearm applicants shall pay an amount equivalent to the administrative fine of P5,000.00 for every firearm license applications which shall be deposited as a firearm bond with any duly designated bank(s) with extensive network in the country capable of servicing the licensed firearm holders nationwide or as a surety bond duly issued by an accredited surety company. The corresponding bond certificate shall be surrendered by the applicant/licensee to the Firearm and Explosives Division, and will form part of the licensee's master file at the Records Section, FED, CSG. The said certificate shall be forfeited in favor of the Philippine National Police if and when a particular firearm is reported lost and/or upon revocation of license by proper authority. AETcSa

3) However, in cases where the licensee has committed a second or third offense (2nd or 3rd reported loss of firearm), yet the firearm/s involved is/are only covered by a bond certificate of Php5,000.00 coverage at the time of application (multiple license application), the PNP thru the FED shall compel the licensed holder to pay the disparity on the amount of administrative fine for the second (Php10,000.00) or third (Php15,000.00) loss of firearm as the case may be.

SECTION 7. Miscellaneous Provisions:

1) In cases where the firearm is reported lost, the mere submission of a report to the effect that a licensed firearm has been lost is sufficient ground for the forfeiture of the bond regardless whether the licensee could be faulted or not and no other condition is required. Thus, forfeiture immediately attaches once a bonded firearm is reported lost.

2) Regardless of the type, caliber and number of firearms lost, the happening of an event or incident wherein the firearm/s was involved and/or reported lost shall be the determining factor of the circumstance where the offenses, whether 1st, 2nd or 3rd offense, as mentioned in section 1 of EO 580, shall be applicable after investigation and evaluation by FED, CSG.

3) The Investigation and Inspection Section of FED, CSG shall be responsible, after thorough evaluation, to recommend that the sum of money which was put up by the licensee in compliance with the existing requirements of EO 580 to be forfeited and recovered in favor of the PNP in the event that the circumstances mentioned in EO 580 would occur. AIDTHC

4) An Accreditation Committee shall be formed, headed by the Chief, FED, acting as the Chairman, who will be responsible in authorizing, licensed surety companies that have the capability of servicing all licensees nationwide, to work in partnership with the Firearms and Explosives Division on this undertaking.

SECTION 8. Repealing Clause:

All orders, issuances and rules and regulations or parts thereof inconsistent with this IRR are hereby repealed or modified accordingly.

SECTION 9. Effectivity:

These Implementing Rules and Regulations shall take effect immediately.

Adopted: May 17, 2008

Date Filed: May 21, 2008

(SGD.) AVELINO I. RAZON, JR.Police Director General