Supplemental Guidelines for DILG MC No. 2017-105, "Regulation and Control of the Use of Firecrackers and Other Pyrotechnic Devices"

December 19, 2017

DILG MEMORANDUM CIRCULAR NO. 2017-168

SUPPLEMENTAL GUIDELINES FOR DILG MEMORANDUM CIRCULAR NO. 2017-105, DATED AUGUST 22, 2017, TITLED, "REGULATION AND CONTROL OF THE USE OF FIRECRACKERS AND OTHER PYROTECHNIC DEVICES," CLARIFYING SECTION 2 OF EXECUTIVE ORDER NO. 28

1. Background

1.1. Due to the substantial number of firecracker-related injuries and casualties recorded every year, this Department has issued DILG MC No. 2017-105 in support of the provisions of Executive Order No. 28, series of 2017, which provides for the regulation and control of the use of firecrackers and other pyrotechnic devices. cHDAIS

1.2. Section 2 of Executive Order No. 28 states that, "Pyrotechnic devices other than firecrackers may be used outside community fireworks displays."

1.3. Pursuant to R.A. No. 7183, as reiterated in Section 3 of EO No. 28, the Director General of the PNP will provide specific lists of prohibited firecrackers and pyrotechnic devices for the guidance of the public, which will be disseminated to all concerned. All fireworks falling under such criteria may not be manufactured, sold, distributed, or used even as part of a community firework display.

1.4. In this connection, the Philippine Fireworks Association has asked for clarification on Section 2 of Executive Order 28 on the use of pyrotechnics or "pailaw" and the perception that EO 28 bans the usage of all forms of fireworks. The said Association has also requested for an intense campaign against Piccolo, which is a banned and smuggled firecracker being sold in the country mostly by sari sari stores.

1.5. In view of the above, this Memorandum Circular shall provide additional guidelines per Sections 2 and 3 of EO No. 28.

2. Purpose

This issuance is for the purpose of providing additional guidance to all concerned particularly on allowable and prohibited types of fireworks.

3. Legal Basis and References

3.1. Republic Act No. 7183, "An Act Regulating the Sale, Manufacture, and Use of Firecrackers and Other Pyrotechnic Devices";

3.2. Executive Order No. 28, "Providing for the Regulation and Control of the Use of Firecrackers and Other Pyrotechnic Devices"; and

3.3. DILG Memorandum Circular No. 2017-105, "Regulation and Control of the Use of Firecrackers and Other Pyrotechnic Devices."

4. Scope/Coverage

All Provincial Governors, City and Municipal Mayors, DILG Regional Directors, The Regional Governor of the Autonomous Region of Muslim Mindanao (ARMM), Philippine National Police, Bureau of Fire Protection and all others concerned.

5. Policy Guidelines

In addition to the provisions of DILG MC No. 2017-105, all concerned are hereby advised that:

5.1. All allowable consumer pyrotechnics or "pailaw" may be used outside said designated community fireworks areas, meaning outside places of residences.

5.2. This is also to reiterate the campaign against illegal firecrackers. All firecrackers with gunpowder exceeding two (2) grams or 1.3 teaspoons are strictly prohibited.

5.3. Special attention should be given to the stoppage of the illegal sale and discharge of Piccolo or "scratch bangers" in whatever name it goes by, which have been the cause of majority of firework-related injuries. Prohibited firecrackers include, but are not limited to, the following:

a. Piccolo

b. Super Lolo

c. Whistle Bomb

d. Goodbye Earth

e. Atomic Big Triangulo

f. Judas Belt

g. Watusi

6. Responsibilities of the DILG Regional Directors and ARMM Regional Governor

All DILG Regional Directors and the ARMM Regional Governor are directed to:

6.1. Cause the immediate and widest dissemination of this issuance to all local government units within their respective jurisdictions; and

6.2. Ensure compliance to the provisions of this MC.

7. Penal Provisions

Non-compliance to this Memorandum Circular shall be dealt with in accordance with pertinent laws, rules and regulations.

8. Repealing Clause

All previous issuances which are inconsistent herewith are hereby modified accordingly or repealed. ISHCcT

9. Effectivity

This Memorandum Circular shall take effect immediately.

10. Approving Authority

(SGD.) CATALINO S. CUYOfficer-in-Charge

11. Feedback

For related queries, kindly contact the Policy Compliance Monitoring Division of the Bureau of Local Government Supervision at Telephone Numbers (02) 928-9181 or (02) 925-0351, or through email at [email protected]