Rules and Regulations Implementing Executive Order No. 107

December 24, 1986

RULES AND REGULATIONS IMPLEMENTING EXECUTIVE ORDER NO. 107

Pursuant to Section 5 of Executive Order No. 107, dated December 24, 1986, the following rules and regulations are hereby promulgated for the effective implementation of the provisions of the Executive Order.

PART I

Surrender of Loose Firearms/Ammunition/Explosives

SECTION 1. Scope. — These rules and regulations shall apply to all unlicensed/unregistered or loose firearms/ammunition/explosives, including any locally manufactured firearms known as "paltik" which may be surrendered by the holders hereof within the period of six (6) months from approval of Executive Order No. 107.

SECTION 2. Procedures. — a. In the Metropolitan Manila Area, firearms/ammunition/explosives shall be surrendered to the Firearms and Explosives Unit (FEU), Headquarters Philippine Constabulary, Camp Crame, Quezon City (HPC). In the provinces, the surrender shall be made to the respective Provincial Constabulary Commands.

b.  The following procedure shall be observed in the surrender of firearms/ammunition/explosives:

(1)  Residents of Metropolitan Manila shall request from the FEU, HPC, for a written authority to transport to HPC, Camp Crame, Quezon City the firearm/ammunition/explosives from their residence or any other specific places in which they are being kept.

(2)  The Commanding Officer, FEU or his authorized representative shall issue the written authority to transport the firearm/ammunition/explosives to FEU, HPC in the prescribed form (Annex "A"). Said authority shall be valid for 24 hours only from issuance.

(3)  The firearm/ammunition/explosive shall be wrapped and labelled thus: "TO: Commanding Officer, FEU, HPC". If the owner knows how to disassemble the firearm, the same must be disassembled.

(4)  Upon receipt of the firearms/ammunition/explosives, the storage officer, FEU, HPC shall issue the corresponding receipt in two (2) copies in the prescribed form (Annex "B"). The original shall be given to the depositor and the duplicate shall be retained by FEU.

(5)  The surrender of firearms to the PC Provincial Command shall be made in the same manner and under the same limitations as above provided for. The Provincial Commander or his duly authorized representative shall issue the corresponding authority to transport the firearms/ammunition/explosives from residence or any other specific place in which they are kept to the Provincial Command Headquarters for which a corresponding receipt shall be issued in the prescribed form (Annex "C"). No other NAFP or PC unit is authorized to receive surrendered firearms.

SECTION 3. Accountable Forms for Written Authority to Transport Firearms/Ammunition/Explosives. — The written authority to be issued in accordance with the foregoing provisions shall be on serially-numbered accountable forms to be prepared, distributed and strictly controlled by the FEU, HPC.

SECTION 4. Disposition of Surrendered Firearms/Ammunition/Explosives. — Surrendered firearms/ammunition/explosives shall be disposed of as follows:

a. Firearms/ammunition/explosives surrendered in Provincial Commands shall be shipped directly to the Chief of Constabulary (Attn: Commanding Officer, FEU) except firearms/ammunition which are subject of application to possess the same under license filed thru the Provincial Commander.

b. Firearms retained in the Provincial Command as aforestated as well as those deposited in FEU, HPC and which are the subject of application to possess the same under license shall be released to the applicants only after they have been issued the corresponding license by HPC.

SECTION 5. Replacement of Surrendered High-Powered Firearms. — Any person who has surrendered any high-powered firearm which cannot be licensed may be allowed to purchase as replacement therefor any other firearm of the allowable type and caliber. Replacements shall not exceed the number of firearms surrendered and shall be within the number, type and caliber authorized to be possessed by an applicant, which replacements may be purchased from persons who have surrendered loose firearms but are not qualified to possess them or do not intend to apply for license or purchase from licensed firearm dealers whose stocks are deposited in the FEU warehouse.

SECTION 6. Reports. — At the end of each month, Provincial Commanders shall submit to the Chief of Constabulary a report of deposited firearms and ammunition in his Command showing the number of firearms and kind and quantity of ammunition deposited.

PART II

Licensing of Loose Firearms

SECTION 7. Scope. — These rules and regulations shall apply to Filipino citizens, licensed security agencies, business firms and other entities who have surrendered loose firearms pursuant to Executive Order No. 107 and/or those who may wish to purchase surrendered unlicensed or loose firearms.

SECTION 8. General/Special Qualifications. — Persons applying for license to possess surrendered unlicensed or loose firearms must be:

a. A Filipino citizen;

b. At least twenty-one (21) years of age; and

c. Of good moral character and without criminal record.

In addition, he must meet such other requirements as are specially applicable to him in accordance with existing laws, rules and regulations.

SECTION 9. Authorized Types, Calibers and Numbers of Firearms. —

a. Officers and enlisted personnel in the active service of the NAFP, as well as those in the retired list, may hold under license a maximum of one (1) long and one (1) short firearm of any type and caliber;

b. Commissioned officers in good standing of the Reserve Force, NAFP who are on inactive status may hold under license one (1) long and one (1) short firearm of any type and caliber;

c. Civilians may hold under license a maximum of one pistol or revolver and one shotgun not exceeding 12 gauge or rifle not higher than caliber .22 provided that no military-type long firearms, to include submachineguns and machine pistols, shall be licensed to them;

d. Licensed private security agencies and company guard forces may hold under license only low-powered caliber .22 rifles, gauge 12 shotguns and pistols or revolvers. No military-type long firearms to include submachineguns and machine pistols shall be licensed to such agencies and company guard forces, provided that duly organized government guard forces composed of duly licensed government guards under Republic Act 5487, as amended, may be allowed to possess under license higher caliber firearms on a case to case basis depending on their actual need for such type of firearms;

e. Members of national shooting clubs or associations may be authorized to possess under license target rifles, revolvers and pistols not exceeding one long and one short firearm each which should be used exclusively for target practice and participation in shooting competitions.

SECTION 10. Kinds of License to be Issued. —

a. Regular License — For private individuals, security agencies and business firms or entities.

b. Special Permit — For government officials and employees including military personnel in the active service as well as those in the retired list or in inactive status and members of the Integrated National Police.

SECTION 11. Filing of Applications. — Residents, if in the Metropolitan Manila Area, shall submit their applications to possess firearms to the Chief of Constabulary (Attn: Commanding Officer, FEU). Provincial residents shall file their application likewise with the Chief of Constabulary through the respective Provincial Commanders.

SECTION 12. Processing of Applications. — Applications to possess firearms shall be supported by such documents as are required by, and shall processed in accordance with existing laws, policies and regulations.

SECTION 13. Time of Filing and Processing of Applications. — Applications for license to possess loose firearms surrendered pursuant to Executive Order No. 107 dated December 24, 1986 may be filed and processed even beyond the six-month period for the surrender of loose firearms, provided that the firearm being applied for has been surrendered within the 6-month period covered by this Executive Order.

PART III

Common Provisions

SECTION 14. Suspension Clause. — All policies, rules and regulations inconsistent herewith are deemed suspended and/or modified accordingly for the duration of six (6) months fixed in Executive Order No. 107 and beyod such period only to the extent necessary to carry out the provisions of Section 13 hereof. 

SECTION 15. Effectivity Clause. — These rules shall take effect immediately.

December 24, 1986.

(SGD.) RENATO S. DE VILLAMajor General, AFPChief of Constabulary/Director General, INP

APPROVED:

(SGD.) CORAZON C. AQUINOPresident of the Philippines