Implementing Rules and Regulations to Executive Order No. 817

July 23, 2009

IMPLEMENTING RULES AND REGULATIONS TO EXECUTIVE ORDER NO. 817 DATED JULY 7, 2009 "PROVIDING FOR THE GOVERNMENT'S INTENSIFIED CAMPAIGN AGAINST LOOSE FIREARMS"

1. References:

a. Executive Order No. 817, "Providing for the Government's Intensified Campaign Against Loose Firearms", dated July 7, 2009;

b. Presidential Decree No. 1866, as amended by Republic Act No. 8294, "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 and Explosives, and Imposing Stiffer Penalties for Certain Violations Thereof, and for Relevant Purposes", dated June 29, 1983;

c. Joint Communiqué of the First National Summit on Firearms Control on May 18-19, 2009 at Camp Crame, Quezon City; and

d. Supreme Court Circular No. 47-98 "Disposition of Firearms, Ammunitions or Explosives in "Custodia Legis" dated September 11, 1998.

2. Purpose:

These Rules and Regulations shall implement Executive Order No. 817 issued on July 7, 2009 entitled "Providing for the Government's Intensified Campaign Against Loose Firearms".

3. Definition of Terms:

a. Captured, Confiscated, Surrendered, Deposited, Abandoned and Forfeited (CCSDAF) Firearms:

1) Captured Firearms — firearms recovered during military or law enforcement operations;

2) Confiscated Firearms — firearms seized in the conduct of law enforcement operations;

3) Surrendered Firearms — firearms turned-in by any person (natural or juridical) to the PNP;

4) Deposited Firearms — firearms deposited to the PNP for safekeeping;

5) Abandoned Firearms — deposited firearms which are unclaimed five (5) years after the date of deposit and forfeited in favor of the government without need of any proceeding; and

6) Forfeited Firearms — abandoned firearms and firearms acquired by the government through summary process or by order of the court.

b. Firearms — include rifles, muskets, carbines, shotguns, revolvers, pistols and all other deadly weapons from which a bullet, ball, shot or other missile may be discharged by means of gunpowder or other explosives. The term also includes air rifles and air pistols not classified as toys under the provisions of Executive Order No. 712 dated July 1981. The barrel of any firearm shall be considered a complete firearm;

c. Firearms Amnesty — a privilege given to persons and/or juridical entities to register loose firearms under conditions provided by law or statute granting the same;

d. Firearms Identification System (FIS) — a computer-based application program used for verification of bullets and cartridges found in the crime scene with known ballistic samples;

e. Firearms Information Management System (FIMS) — a computer program designed to monitor the firearms life cycle from the time of manufacture/importation, storage, sale/transfer, licensing and issuance of the firearms, control and monitoring of licensed firearms, to include CCSDAF firearms, up to their destruction;

f. Firearms under "Custodia Legis" — firearms which are in the custody of a judicial entity or Office of the Prosecutor as evidence in the prosecution of a case.

g. High-Powered Firearms — firearms with bore bigger than caliber .38 for pistol and revolvers which include caliber .357, caliber .40, caliber .44, caliber .45, caliber .50 and caliber .22 center fire magnum and any caliber pistol with firing characteristics of full automatic burst and three (3) round burst. Rifles and shotguns with bore bigger than caliber .22 and heavier than 12-gauge, respectively, are also classified as high-powered;

h. Licensed Firearms — firearms that have undergone the licensing procedures of the PNP;

i. Loose Firearms — unlicensed firearms or licensed firearms in the possession of a person other than the registered owner. This includes firearms with expired licenses;

j. Low-powered Firearms — firearms not included in the high-powered firearms category;

k. National Firearms Control Program (NFCP) — the government's program to institute effective firearms control in the country through a last and final general firearms amnesty; accounting, inventory and registration of all firearms; legislation of stricter firearms control laws; intensified continuing law enforcement actions and advocacy for responsible gun ownership;

l. National Firearms Control Program Executive Committee (NFCP EXECOM) — the committee composed of the different heads of partner agencies and representatives of the community/NGOs that shall administer the firearms control program;

m. Organic Firearms — all firearms recorded under the property book/records of an agency, other than CCSDAF firearms;

n. "Paltik" Firearms — firearms that are homemade and/or fabricated by persons or entities that have no license to make or manufacture the same;

o. Registered Firearms — licensed firearms and firearms covered with Long Certificates of Registration (LCR);

p. Secretariats — these are composite teams that shall be established in order to support the NFCP at all levels in its day-to-day administration, management, supervision and implementation of the NFCP;

q. Stash of Loose Firearms — a cache of three (3) or more loose firearms kept or stored; and

r. Threat Groups — highly organized armed groups that employ violence or threats of violence for the attainment of political aims and objectives. These groups are considered as threats to national security and stability.

4. General Principles:

a. The proliferation of loose firearms has been identified as one of the main obstacles in the pursuit of peace and order.

b. The National Firearms Control Program, conceptualized in the First National Summit on Firearms Control held on May 18 to 19, 2009 at Camp Crame, Quezon City has the following components:

1) Legislation of Stricter Firearms Control Laws;

2) Last and Final General Firearms Amnesty;

3) Accounting, Inventory and Registration of all Firearms;

4) Intensified Continuing Law Enforcement Actions;

5) Total Gun Ban During Election Period and Prevention of Election-Related Violent Incidents (ERVIs);

6) Advocacy for Responsible Gun Ownership; and

7) Other Firearms Control Related Concerns.

c. The NFCP shall be implemented through the NFCP Executive Committee, supported by the NFCP Secretariat, to address all firearms control concerns with the broad participation of all partner agencies, other stakeholders and the community.

d. The Armed Forces of the Philippines (AFP); the Bureau of Customs (BOC); the Bureau of Immigration (BI); Office for Transportation Security, DOTC (OTS, DOTC); Philippine Coast Guard (PCG); Philippine Ports Authority (PPA); the National Bureau of Investigation (NBI); Philippine Drug Enforcement Agency (PDEA); Office of the Assistant Secretary for the Interior, DILG (OASI, DILG); as well as all other Law Enforcement Agencies (LEAs) and juridical entities shall actively participate in the implementation of the NFCP.

e. The PNP, as the final repository of all firearms in the country, pursuant to Executive Order No. 61, shall maintain the FIMS and FIS.

f. A Last and Final General Firearms Amnesty shall be implemented to give all individuals and juridical entities the opportunity to renew their expired licenses and/or register all their loose firearms with the Philippine National Police.

5. Concept of Implementation:

The National Firearms Control Program shall be administered by an Executive Committee (NFCP EXECOM), to be chaired by the Chief, Philippine National Police, with the heads of participating agencies and selected members of the community/NGOs as members. The NFCP EXECOM shall provide direction, control, and supervision in the implementation of the National Firearms Control Program. The said NFCP EXECOM shall be supported by a National Secretariat, headed by the Director, Civil Security Group (CSG), PNP with the designated representatives of all partner agencies and the community/NGOs as members. Counterpart Regional and Provincial NFCP Secretariats shall also be established.

Joint Firearms Control Desks shall be established in all partner agencies/offices.

The National Firearms Control Program shall address the following major concerns:

a. Accounting of firearms with expired licenses and unregistered firearms in the hands of the general population;

b. Accounting of organic and CCSDAF firearms of the AFP and other Law Enforcement Agencies (LEAs), as well as, firearms owned by Local Government Units (LGUs), Government Owned and Controlled Corporations (GOCCs), Government Instrumentalities and other juridical entities;

c. Accounting of firearms under "Custodia Legis";

d. Recovery of firearms in the hands of threat groups and criminal elements in crime/election violence prone areas;

e. Advocacy for responsible gun ownership; and

f. Legislative proposals for the enactment of stricter firearms control laws.

The National Firearms Control Program, in its broad implementation, is geared towards reducing by at least 3 percent monthly the number of estimated loose firearms nationwide. Priority efforts shall be focused on highly urbanized cities and provinces most prone to the proliferation of loose firearms, criminality and election violence. The PNP Rewards System shall include the provision of rewards for information leading to the confiscation/seizure of stashes of loose firearms. A massive information campaign on the NFCP shall be orchestrated by the NFCP National Secretariat.

All partner agencies shall actively participate in the broad implementation of the program, as follows:

a. The Philippine National Police shall be the main implementing agency of the National Firearms Control Program:

1) Lead agency in the implementation of Last and Final General Firearms Amnesty;

2) Intensify continuing law enforcement actions against loose firearms;

3) Conduct a comprehensive accounting, inventory and registration of organic firearms and accounting, inventory and disposal of CCSDAF firearms of the PNP, AFP, other Law Enforcement Agencies (LEAs), GOCCs and other juridical entities; 

4) Maintain and update the FIMS and FIS;

5) Establish Joint Firearms Control Desks in all AFP Camps, other LEAs, LGUs, GOCCs and other juridical entities;

6) Conceptualize a massive information campaign, with the active participation of all partner agencies and community representatives/NGOs, to engender popular awareness, appreciation and patronage of the National Firearms Control Program;

7) Regularly convene the National Law Enforcement Coordinating Committee (NALECC) to review existing firearms laws and regulations and propose necessary amendments to institute an effective NFCP;

8) Provide firearms drop boxes in all its offices where firearm owners can abandon their "Paltik" or loose firearms during the amnesty period; and

9) Submit an Action Plan to the NFCP Secretariat.

b. The Armed Forces of the Philippines shall be the lead agency in the recovery of firearms with the threat groups:

1) Intensify the conduct of internal security operations to recover firearms in the hands of threat groups;

2) Submit to the National Secretariat an inventory of organic and CCSDAF firearms;

3) Accommodate and assist the operations of Joint Firearms Control Desks in all AFP Camps;

4) Include in the Monthly Report to the NFCP Secretariat the accomplishments on the implementation of Force and Arms Management component of the Social Integration Program; and

5) Submit an Action Plan to the NFCP Secretariat.

c. The Bureau of Customs (BOC) shall be the lead agency for operations against illicit firearms trafficking in all seaports, airports and postal/delivery services. The BOC shall be assisted by the Bureau of Immigration (BI), Office for Transportation Security, DOTC (OTS, DOTC), Philippine Coast Guard (PCG), and Philippine Ports Authority (PPA):

1) Responsibilities of the BOC:

a) As the lead agency, conceptualize a strategy to effectively check illicit firearms trafficking in all airports, seaports and thru the postal/delivery services;

b) Submit an Action Plan implementing the strategy to the NFCP Secretariat;

c) Coordinate, orchestrate and supervise the conduct of interdiction operations;

d) As necessary, organize composite operating teams in major seaports and airports in the country;

e) Submit to the NFCP Secretariat an inventory of organic and CCSDAF firearms;

f) Accommodate and assist the operations of Joint Firearms Control Desks; and

g) Coordinate with the PNP Aviation Security Group (AVSEGRP) and/or Maritime Group (MG) for operational support in the conduct of interdiction operations and in the prosecution of cases.

2) Responsibilities of the BI:

a) Assist and cooperate with the BOC and other member agencies in the formulation and implementation of the Inter-Agency Action Plan;

b) Monitor and execute the Implementation of alert lists (Watch list, Blacklist, Hold Departure orders) on illicit firearms traffickers;

c) Initiate appropriate proceedings against foreign nationals arrested for illicit firearms trafficking;

d) Submit to the NFCP Secretariat an inventory of organic and CCSDAF firearms; and

e) Accommodate and assist the operations of Joint Firearms Control Desks.

3) Responsibilities of the OTS, DOTC:

a) The OTS, DOTC through the Civil Aviation Security Bureau (CASB), Maritime Security Bureau (MSB), Land and Rail Security Bureau (LRSB), and other allied security forces shall orchestrate, coordinate and supervise interdiction operations by all partner and other law enforcement agencies in all airports and seaports without BOC offices/elements and in all land and rail transport terminals;

b) Assist in the conduct of interdiction operations against illicit firearms trafficking in all airports and seaports in the country with BOC offices/elements;

c) Assist and cooperate with the BOC and other member agencies in the formulation and implementation of the Inter-Agency Action Plan;

d) Submit to the NFCP Secretariat an inventory of organic and CCSDAF firearms;

e) Accommodate and assist the operations of Joint Firearms Control Desks; and

f) Direct the LTO and other attached entities to coordinate, cooperate and assist the PNP in the accounting, inventory and registration of their firearms.

4) Responsibilities of the PCG:

a) Assist and cooperate with the BOC and other member agencies in the formulation and implementation of the Inter-Agency Action Plan;

b) Intensify continuing law enforcement actions against piracy and smuggling of firearms;

c) Submit to the NFCP Secretariat an inventory of organic and CCSDAF firearms; and

d) Accommodate and assist the operations of Joint Firearms Control Desks.

5) Responsibilities of the PPA:

a) Assist and cooperate with the BOC and other member agencies in the formulation and implementation of the Inter-Agency Action Plan;

b) Assist in the conduct of interdiction operations against illicit firearms trafficking in all PPA managed seaports;

c) Submit to the NFCP Secretariat an inventory of organic and CCSDAF firearms; and

d) Accommodate and assist the operations of Joint Firearms Control Desks.

d. The National Bureau of Investigation (NBI) shall be the lead agency in the recovery of firearms in the hands of OCGs, wanted persons and criminals. It shall be assisted by the Philippine Drug Enforcement Agency (PDEA):

1) Responsibilities of the NBI:

a) As the lead agency, conceptualize a strategy to recover firearms in the hands of OCGs, wanted persons and criminals;

b) Maintain an updated data base on OCGs wanted persons and criminals and firearms in their possession;

c) Submit an Inter-Agency Action Plan to the NFCP Secretariat;

d) Coordinate, orchestrate and supervise the conduct of interdiction operations;

e) As necessary, enlist the support of partner agencies in the conduct of special operations;

f) Submit to the NFCP Secretariat an inventory of organic and CCSDAF firearms;

g) Accommodate and assist the operations of Joint Firearms Control Desks; and

h) Assist partner agencies in the investigation and prosecution of all cases for violations of firearms laws upon request.

2) Responsibilities of the PDEA:

a) Assist and cooperate with the NBI in the formulation and implementation of the Inter-Agency Action Plan;

b) Maintain an updated data base on OCGs and notorious personalities involved in illegal drugs and firearms in their possession;

c) Intensify continuing law enforcement actions to recover all firearms in the hands of OCGs and notorious personalities involved in illegal drugs;

d) As necessary, enlist the support of partner agencies in the conduct of special operations;

e) Submit to the NFCP Secretariat an inventory of organic and CCSDAF firearms; and

f) Accommodate and assist the operations of Joint Firearms Control Desks.

e. The Office of the Assistant Secretary for the Interior, DILG shall take the lead in the accounting, inventory and registration of all firearms under the Bureau of Jail Management and Penology (BJMP), Bureau of Fire Protection (BFP), Local Government Units (LGUs) and Government Guard Units (GGUs):

1) Responsibilities of the Office of the Assistant Secretary for the Interior, DILG:

a) As the lead office, conceptualize a strategy to account for all organic firearms of the BJMP, BFP, LGUs and GGUs;

b) Submit an Action Plan to the NFCP Secretariat; and

c) Direct the BJMP, BFP and all LGUs to coordinate, cooperate and assist the PNP in the accounting, inventory and registration of firearms in their respective agencies from the national down to barangay levels and to accommodate and assist the operations of Joint Firearms Control Desks.

2) Responsibilities of the BJMP, BFP, LGUs and GGUs:

a) Submit to the NFCP Secretariat an inventory of organic and CCSDAF firearms; and

b) Accommodate and assist the operations of Joint Firearms Control Desks.

A Last and Final General Firearms Amnesty shall be implemented from October 1 to 31, 2009 as an ultimate opportunity for delinquent firearms holders to renew their licenses and for unregistered firearms holders to have their firearms licensed in accordance with the simplified procedures and guidelines to be issued by the PNP. Upon termination of the Last and Final General Firearms Amnesty, the PNP shall confiscate all loose firearms and initiate legal actions against delinquent firearms holders.

Licensing of "Paltik" firearms is not allowed. However, the PNP shall accept the surrender of "Paltik" and loose firearms, to include high-powered firearms not qualified for amnesty, in favor of the government. Relatedly, the PNP shall also provide firearms drop boxes in all its offices where firearms owners can abandon their firearms in favor of the government during the amnesty period.

The National Law Enforcement Coordinating Council (NALECC), in coordination with other concerned government agencies, shall actively pursue its initiatives for the amendment of existing firearms laws and regulations to institute an effective NFCP.

The PNP shall require all other entities authorized by various laws and charters to possess or maintain firearms in their control and custody to include, among others, Company Security Forces, Private Security/Detective Agencies, Training Institutions and Gun Clubs to furnish the National Firearms Control Secretariat with an updated inventory of all firearms in their control and custody.

6. Coordinating Instructions:

a. The Joint Firearms Control Desks shall be composed of the PNP Logistics/Supply Officers and their respective counterparts in partner agencies/offices at all levels. The Joint Firearms Control Desks shall facilitate the conduct of firearms accounting, physical inventory, ballistics examination, registration and the subsequent issuance of Long Certificates of Registration (LCR).

b. Community representatives/NGOs to the NFCP shall assist in the implementation of the advocacy program.

c. All CCSDAF firearms shall be turned over to the PNP.

d. Firearms ballistics examination fees for all organic firearms shall be shouldered by respective agencies/offices.

e. All lead agencies shall submit monthly accomplishment report on the implementation of respective Action Plans to the NFCP National Secretariat for consolidation and submission to the President.

 

f.Inter-operability and close coordination among all partner agencies must be emphasized.

7. Amendments and Supplemental Rules:

The Chief, PNP may amend or supplement this Implementing Rules and Regulations, subject to the approval/concurrence of the Secretary of the Interior and Local Government.

8. Effectivity:

This Implementing Rules and Regulations to Executive Order No. 817 shall take effect on July 26, 2009.

DONE this 23rd day of July 2009, at Camp Crame, Quezon City, Philippines.

 

(SGD.) JESUS A. VERZOSA, CEO VIPolice Director General

Approved:

(SGD.) HON. RONALDO V. PUNOSecretary