2. Explosives and Controlled Chemicals
regulation:
1. PD No. 1866 – issued on January 1983
2. EO No. 522 – issued on June 1992
3. RA No. 8294 – approved June 1997
4. RA No. 9516 – approved December 2008
5. PNP MC No. 2012-009 – issued September 2012
6. PNP MC No. 2014-058 – issued November 2014
7. IRR for PD No. 1866 as amended by RA No. 9516 – approved June
2016
3. Explosives and Controlled Chemicals
regulation:
PD No. 1866 (June 1983) – 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 or Explosives, and Imposing Stiffer Penalties for Certain
Violations Thereof and for Relevant Purposes
RA No. 9516 (December 2008) – An Act Further Amending the Provisions of PD No. 1866, As
Amended, Entitled 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 or Explosives, and Imposing Stiffer Penalties for Certain
Violations Thereof and for Relevant Purposes
RA No. 10591 (May 2013) – An Act Providing for a Comprehensive Law on Firearms and
Ammunition and Providing Penalties for Violations Thereof
Implementing Rules and Regulations on Controlled Chemicals Pursuant to Section 4-C to 4-F of PD
No. 1866 As Amended by RA No. 9516 (June 2016)
4. Definition of Terms:
Explosives (PNP MC No. 2012-009) – refers to any substance either solid or
liquid, either as a mixture or single compound which by chemical reaction
liberate, at high speed, heat and gas causing tremendous pressure resulting
in an explosion, such as gunpowder, powder used for blasting, all forms of
high explosives, blasting materials, dynamite, fuses, detonators and
detonating agents, smokeless powder, hand grenade, rifle grenade, pillbox
bomb, Molotov cocktail bomb, or other incendiary devices and other
chemical compound or chemical mixture that contains any combustible unit
or other ingredients that ignites by fire, by friction, by concussion, by
percussion, or by detonation of all or any part of the compound or mixture
causing which a sudden generation of highly heated gasses are capable of
producing destructive effects on contiguous objects or destroying life or limb.
5. Definition of Terms: Sec. 2, IRR of RA 9516
Sec. 2.8. Controlled Chemicals – refer exclusively to chlorates, nitrates, nitric
acid and such other chemicals categorized under Section 3.1 hereof that can
be used for the manufacture of explosives and explosive ingredients, where
the explosive is capable or is intended to be made capable of producing
destructive effect on contiguous objects or causing injury or death to any
person.
Sec. 3.1. Annex A of the IRR, that is:
1. the list of controlled chemicals categorized as High-Risk (15 chemicals)
and Low-Risk (17 chemicals); and
2. fertilizer containing ≤70% Ammonium Nitrate, Nitric Acid ≤3%, Hydrogen
Peroxide <13% and Sodium Chlorite ≤40%
6. Definition of Terms: Sec. 2, IRR of RA 9516
Sec. 2.38. Research and Development (R&D) Team – refers to the
group to be commissioned by the SILG/Chairman, National Police
Commission (NAPOLCOM), composed of representatives from the PNP,
DOST, academe and concerned industries, for the purpose of
evaluation and determination of the explosive potential of a certain
chemical.
7. Definition of Terms: Sec. 2, IRR of RA 9516
Sec. 2.23. GHS – refers to the Globally Harmonized System of
classification and labelling of chemical. It defines and classifies the
hazard of chemical products, and communicates health and safety
information on labels and safety data sheets.
Sec. 2.44. Storage Facility* – refers to buildings, structures, storage
tanks and/or silos for the safe-keeping of controlled chemicals.
*for explosives: main magazine, issuing magazine
8. Definition of Terms: Sec. 2, IRR of RA 9516
Licenses:
1. Dealer’s license – buying and selling controlled chemicals
2. Manufacturer’s license – manufacturing controlled chemicals for
purposes of sale or distribution
3. Purchaser’s license – purchase and possess controlled chemicals for
use in any lawful purpose
9. Definition of Terms: Sec. 2, IRR of RA 9516
Permits:
1. Permit to Export Controlled Chemicals (PECC)
2. Permit to Import Controlled Chemicals (PICC)
3. Permit to Purchase and Move Controlled Chemicals (PPMCC) – from seller’s storage
facility to purchaser’s storage facility
4. Permit to Unload Controlled Chemicals (PTUCC) – unload and transport imported
controlled chemicals from port of entry to the storage facility as indicated in the
license
5. Permit to Transfer Controlled Chemicals (PTTCC) – move and transport controlled
chemicals from one storage facility to another storage facility of the same licensee
6. Permit to Transport Controlled Chemicals (PTCC) – move and transport controlled
chemicals from one storage facility to the DENR-EMB accredited treatment facility
7. Special Permit to Purchase and Move Controlled Chemicals (SPPMCC)
10. Sec. 3, IRR of RA 9516. Classification of
Controlled Chemicals
Sec. 3.1. High-Risk and Low-Risk Controlled Chemicals
Sec. 3.2. The Chief, PNP can update the List of Controlled Chemicals and
place new chemicals or mixtures under regulation and, for this purpose,
may consult with the R&D Team from time to time. The R&D Team shall
use available scientific methodology and security information in
evaluating and determining the explosive potential of such new
chemicals. The R&D Team shall provide the Chief, PNP with results
within fifteen (15) working days from commencement of its evaluation
and determination process.
11. Sec. 3, IRR of RA 9516. Classification of
Controlled Chemicals
Sec. 3.3. However, in the interest of public safety or peace and order,
the Chief, PNP can, motu proprio update the List of Controlled
Chemicals and place new chemicals or mixtures under regulation, to
take effect immediately xxx. Within fifteen (15) working days from
effectivity, the updated list may be endorsed to the R&D Team, for
evaluation and determination. The R&D Team shall provide the Chief,
PNP with the results within fifteen (15) working days from
commencement of its evaluation and determination process.
12. Sec. 4, IRR of RA 9516. License to Manufacture,
Deal and Purchase Controlled Chemicals.
Type of License Approving Authority – Chief, PNP but may be
delegated to:
4.2.2. Amendment and Renewal of
Manufacturer’s/Dealer’s License
Director, CSG and the Chief, FEO, respectively
4.2.3. New application of Purchaser’s License to
include its amendment
Director, CSG
4.2.3. Renewal of Purchaser’s License Chief, FEO
4.2.4. Purchaser’s License for DTI-certified small
enterprises, CHED/DepEd/TESDA-certified academe,
DOST-certified analytical/testing laboratories, and
DOH-certified hospitals to include its amendment and
renewal
Chief, FEO
13. Sec. 4, IRR of RA 9516. License to Manufacture,
Deal and Purchase Controlled Chemicals.
Sec. 4.2.6. The only permissible grounds for amendment of license
shall exclusively refer to:
i. Change of corporate/business name and/or address;
ii. Establishment of additional or change of storage facility or branch;
iii. Inclusion of additional controlled chemicals;
iv. Increase in quantity; and/or
v. Deletion of controlled chemicals
14. Sec. 5, IRR of RA 9516. Scope of License to Manufacture,
Deal in and Purchase Controlled Chemicals
Sec. 5.1. The scope of the Manufacturer’s License:
i. Manufacture controlled chemicals;
ii. Deal in or sell all the items manufactured;
iii. Purchase and/or import controlled chemicals;
iv. Export the items manufactured;
v. Subcontract the manufacturing/processing of controlled chemicals
15. Sec. 5, IRR of RA 9516. Scope of License to Manufacture,
Deal in and Purchase Controlled Chemicals
Sec. 5.2. The scope of the Dealer’s License:
i. Deal in or sell controlled chemicals;
ii. Purchase and/or import controlled chemicals
16. Sec. 5, IRR of RA 9516. Scope of License to Manufacture,
Deal in and Purchase Controlled Chemicals
Sec. 5.3. The scope of the Purchaser’s License:
i. Purchase and/or import controlled chemicals;
ii. Use and process the controlled chemicals to produce its desired
product, except the manufacture of another controlled chemicals;
iii. Subcontract the manufacturing/processing of products or
chemicals not categorized as controlled chemicals
17. Sec. 5, IRR of RA 9516. Scope of License to Manufacture,
Deal in and Purchase Controlled Chemicals
Sec. 5.4. The scope of the Purchaser’s License for DTI-certified small
enterprises, CHED/DepEd/TESDA-certified academe, DOST-certified
analytical/testing laboratories, and DOH-certified hospitals:
i. Purchase certain controlled chemicals within the maximum
allowable quantity without the necessary permit;
ii. Use and process the controlled chemicals to produce its desired
product, except the manufacture of another controlled chemical
18. Sec. 9, IRR of RA 9516. Storage and Disposal of
Controlled Chemicals
Sec. 9.1. Licensed persons or entities shall comply with the specific
requirements on storage facility as provided in Annex E (Guidelines and
Procedures in the Inspection of Storage Facility) of this IRR.
Inspection Team to ascertain, among others, the following:
i. Whether the quantities of controlled chemicals applied for are
really needed and justified; and
ii. Whether the applicant has the necessary storage facility for the
storage of the controlled chemicals
19. Sec. 9, IRR of RA 9516. Storage and Disposal of Controlled Chemicals
The Inspection Team shall inspect and take photo of important security requirements, such as but not limited to the
following:
a. Type of storage (wood/steel/concrete)
b. Kind of storage (movable/permanent/warehouse)
c. Enclosed with lock system
d. Master list of chemicals handled
e. Updated inventory of controlled chemicals
f. Proper labeling
g. Compatibility of materials
h. Warning signs “caution, unauthorized entry, restricted area, controlled chemicals”
i. Storage facility (space allocated for the location of controlled chemicals)
j. Proper ventilation
k. Number of fire extinguisher of fire hydrant/fire alarm
l. Number of CCTV installed (working)
m. Size and kind of fence, at least 8ft high with barbed wire
n. Compliance with the Material Safety Data Sheet (MSDS) / Safety Data Sheet (SDS) of the chemical being applied for
20. Sec. 9, IRR of RA 9516. Storage and Disposal of
Controlled Chemicals
Sec. 9.3. Disposal of unused, contaminated and/or expired controlled
chemicals must be reported to the FEO or RCSU for issuance of Permit
to Transport and must be coordinated with the DENR-EMB. The
licensee must submit to the PNP through FEO or RCSU a copy of the
Certificate of Treatment issued by an accredited DENR-EMB treatment
facility.
21. Unlawful acts and penalties under PD 1866 as
amended by RA 9516:
Sec. 3-A. The penalty of reclusion perpetua shall be imposed upon any
person who shall willfully and unlawfully manufacture, assemble, deal
in, acquire, dispose, import or possess any part, ingredient,
machinery, tool or instrument of any explosive or incendiary device,
whether chemical, mechanical, electronic, electrical or otherwise,
used or intended to be used by that person for its manufacture,
construction, assembly, delivery or detonation, where the explosive or
incendiary device is capable or is intended to be made capable of
producing destructive effect on contiguous objects or causing injury or
death to any person.
Editor's Notes
These are the explosives and controlled chemicals related laws, rules, and regulations.
The mother law, Presidential Decree No. 1866 was issued on January 1983, is a codification of the laws on illegal/unlawful possession, manufacture, dealing in, acquisition or disposition, of firearms, ammunition or explosives, and imposing a stiffer penalty the maximum of which is reclusion perpetua (habambuhay na pagkabilanggo).
And then we have Executive Order No. 522, issued on June 1992, where controlled chemicals regulation was restricted to the family of chlorates, nitrates and nitric acid effectively allowing the exclusion of other chemicals which do not fall under those categories. Ito yung panahon ng transition from a dictatorial government to democratic form.
On June 1997, due to public clamor for the reduction of penalties provided under PD 1866, Republic Act No. 8294 was approved. Kung sa PD 1866 ang pinakamataas na hatol na pwedeng ibigay ay reclusion perpetua, in RA 8294 the highest penalty is reclusion temporal (maximum imprisonment of which is 20yrs).
However, with the advent of terrorism and other transnational crimes, RA No. 9516 was signed into law in 2008 to stem the tide of threats to national security by abandoning the penalties provided in RA 8294 and increasing them to Reclusion Perpetua. It also repealed EO 522 in its entirety and providing, among others the expansion of the regulation of controlled chemicals (So, hindi na lang sya exclusive for chlorates, nitrates, and nitric acid. It added the phrase ‘…and such other chemicals and accessories that can be used for the manufacture of explosives and explosive ingredients. Mamaya babalikan natin yung definition na yan).
And then we have PNP MC No. 2012-009 which provides guidelines for the transport/movement of explosives and the specifications of storage facility for explosives/explosive ingredients.
Also, we have PNP MC No. 2014-058 which is a supplemental guidelines in the processing of explosives/explosive ingredients and/or controlled chemicals permits and licenses. This MC provides that the determination of regulated materials specifically those pertaining to explosives/explosive ingredients and/or controlled chemicals vests with the PNP which may come up with an updated list of such materials. Any inputs, suggestions or recommendations from stakeholder or organizations, including government agencies, will all be considered “in consulta” or as a mere reference and cannot be used to compel the PNP to adopt the same.
Here I want to show you the three types of materials which is being regulated by PD 1866. First is Firearms and Ammunition, second is Explosives, third is Controlled Chemicals.
The whole title of PD 1866 read as follows… (read PD 1866)… and correspondingly, RA 9516 being an amendment of PD 1866 was given the same title. And then on May 2013, RA 10591 was approved. This law repeals some provisions of PD 1866 and RA 8294 which mainly pertains to Firearms and Ammunition.
And with the expansion of the regulation of controlled chemicals inserting Section 4-C to 4-F of RA 9516, the IRR on Controlled Chemicals was approved on June 2016.
The word “explosives” was not defined either in PD 1866 or RA 9516. Dito ko sya nahanap sa MC 2012-009.
(Read…) I had to read the whole definition of ‘explosives’ because you know, in law, definitions are very important. It provides for, somehow, the metes and bounds of the application of the law. Since this law particularly pertains to explosives, so ano yung mako-consider natin as explosives para pasok sya doon sa mandate ng PNP to regulate that particular material/chemical. Kasi baka naman, let say after determining the explosive potential hindi naman pala sya capable of producing destructive effects on contiguous objects, so hindi sya pasok doon sa definition ng explosives hence the PNP has no jurisdiction to regulate the questioned material/chemical.
Sec. 2.8 of the IRR of RA 9516 defines controlled chemicals… (read)… so kung iinterpret natin yung definition ng controlled chemicals, para syang raw materials for making explosives ano?
Here Sec. 3.1 pertains to Annex A of the IRR, that is… (read..)
For number two (2) this shall be regulated but subject to actual testing to determine the explosive potential to be conducted by the PNP. The cost in the actual testing shall be shouldered by the requesting party/applicant.
Question: Does the PNP has guidelines for determining explosive potential? –isa sana yan sa mga gusto kong itanong sa PNP.
Sec. 2.38. R&D Team… (read…)
May tanong ulit ako dito…
Question: Has the R&D Team already devised a guidelines for the evaluation and determination of explosive potential of chemicals? If yes, what should be the explosive potential of a chemical for you to say that it is indeed an explosive or explosive ingredient?
GHS and Storage Facility was also defined in the law.
For explosives, “Storage Facility” is also called “Magazine” which could either be a main magazine or an issuing magazine as defined in PNP MC No. 2012-009.
Kasi in practice, gaya ng sa mga road construction, quarrying, demolition work, kadalasan blasting contractors na yung gumagawa nyan. These blasting contractors they have their main magazine…(illustrate…)…
These are the licenses mentioned in the law: dealer’s license, manufacturer’s license, and purchaser’s license
And these are the permits mentioned in the IRR… (read the name of each permit…) You can only apply for these permits if you have any of the three licenses (dealer’s, manufacturer’s, or purchaser’s), maliban dito sa number 7 which is the Special Permit to Purchase and Move Controlled Chemicals but it can only be issued once to an unlicensed but qualified persons, and yung para sa subsequent purchases required na na mag-secure sila ng license.
Section 3 speaks of the Classification of Controlled Chemicals.
I wonder ano if paano nag-come up si PNP with the High-Risk and Low-Risk categorization nung 32 chemicals na nandoon.. is it based on explosive potential? or maybe because these chemicals are widely-used or notoriously known na as explosive ingredients, gaya nung ammonium nitrate and sodium nitrate na nasa High-Risk kasi these are the raw materials for making dynamite. I do not know the History—bakit High-Risk and Low-Risk.
Sec. 3.2. provides that… (read…)
Question: Tanong ko ulit dito, meron na bang R&D Team na nabuo and, if yes, do they already have their procedure for the evaluation and determination of explosive potential of chemicals?
(Read Sec. 3.3…)…
Motu proprio means “on one’s own initiative”. So the Chief, PNP can, in his or her own initiative update the list of controlled chemicals when public safety or order requires it. But observe the word used, “may be endorsed…” and sa Sec. 3.2 nakalagay din dun “may consult with the R&D Team…”. The word “may” when used in law means permissive action, kun baga discretionary on the part of the Chief, PNP yung consultation with the R&D Team. So kahit na anong chemical ang ilagay ni Chief, PNP dyan, parang walang pwede kumwestiyon. But I don’t think that that is the intention of the law. Kasi if I were to interpret the whole Sec. 3, I would say that the evaluation and determination by the R&D Team is required, not to mention necessary.
Sec. 4 speaks of the procedure for the application process for the licenses. The approving authority is the Chief, PNP but he/she can delegate the same to the Director of the Civil Security Group or the Chief of the Fire and Explosives Office depending on the type of license applied for.
Sec. 4.2.6 provides for the grounds for amendment of license… (read…).
(Read…)
However for the last item, the subcontractor should also be a holder of a Manufacturer’s License.
(Read…)… as reflected in the approved Dealer’s License.
(Read…)… provided that the subcontractor is also a Purchaser’s License holder.
(Read i…)… they only have to submit the duly accomplished Application Form and the proof of payment from LBP.
(Read ii…).
(Read…)
(Read…)
Recently nung nag-inspect saamin yung PNP for the renewal of our Purchaser’s License they require us na dapat 24/7 open yung monitor ng CCTV; so dapat brownout/blackout-proof yung power namin. Kaya we will install a solar panel for our battery operated UPS para sa monitoring nung CCTVs.
Last slide… (read…)…
Kung mapapansin nyo laging nakadugtong yung phrase na (read phrase in blue…) nabanggit din yan dun sa definition ng explosives and controlled chemicals. So although the language of the law, specifically yung Section 3 nung IRR, implies discretion on the part of PNP to consult with the R&D Team for the evaluation and determination of explosive potential of the chemicals na isasama sa listahan, the spirit of the law would say otherwise. The law, when read as a whole, would say na required and necessary yung determination ng explosive potential nung prosposed addition to the list of controlled chemicals.
THAT CONCLUDES MY PRESENTATION, THANK YOU EVERYONE!
