1. Director, LS : PCSUPT FRANCISCO A UYAMI JR
Deputy Director, LS : PSSUPT ULYSSES J ABELLERA
Chief of Staff, LS : PSSUPT BARTOLOME C TOBIAS
Chief, Legal Assistance Div: PSUPT GEORGE L ALMADEN
Chief , Special Cases Div. : PSUPT ARTHUR R LLAMAS
Chief, Administrative & : PSUPT ARLYN R AGTAY
Resource Mgt. Div
OIC, Legal Research & : PCINSP LYRA STELLA C VALERA
Evaluation Div.
Supervisor, Legal Advice : PSINSP GARRY FRANCO C PUASO
24/7
“PARA MAGAMPANAN NG TAMA ANG TUNGKULING PULIS,
MAGTANONG!!”
Preparatory to the upcoming 2013 National and Local
Elections, the PNP Legal Service deems it necessary to clarify
some points regarding possession of firearm.
PD No. 1866 codified all laws
relating to firearms and
ammunitions. However, in 1997,
Republic Act (RA) No. 8294 was
passed amending its provisions
pertaining to firearm. In 2007, RA
No. 9516 or the Explosives Law
was also passed amending the
provisions pertaining to Explosives. The discussions in this
brochure will focus on firearms.
Q: If the firearm is duly licensed but seized from a possessor who
is not the registered owner, is the possessor liable for illegal
possession of firearm? What if he bought said firearm from
the registered owner?
A: Yes. Only the registered owner of the firearm can legally
posses the firearm. In Pastrano vs. Court of Appeals (G.R. No.
104504), the SC states that the permit/license or authority to
possess firearm is issued to the applicant taking into account
his qualifications. Unlike the registration of motor vehicles,
the permit/license or authority to possess firearms is not
transferable to the purchaser of the firearm.
Q: What are the elements to be proved for successful
prosecution of illegal possession of firearm case?
A: “In crimes involving illegal possession of firearm, two requisites
must be established, to wit:
Key LS Personnel
(as of June 2012)
ILLEGAL POSSESSION OF FIREARM
June
2012

2. (1) the existence of the subject firearm [Note: In PP vs.
NARVASA, GR No. 128618, Nov. 16, 1998, the SC ruled that
the firearm itself may not be presented as evidence. Its
existence can be established by testimony.]; and,
(2) the fact that the accused who owned or possessed the
firearm does not have the
corresponding license or permit
to possess” [People vs.
Solayao, G.R. No. 119220,
September 20, 1996].
Q: In application for search warrant
pertaining to illegal possession of
firearm, what should be
established to constitute probable cause?
A: In the case of Nala vs Barroso, Jr, G.R. No. 153087, August 7,
2003 the highest court declared that the following must be
established by the applicant:
1. Facts and circumstances enough to believe that a person
is in possession of a firearm; and,
2. Certification from appropriate government agency that
the person subject of search warrant is not among those
licensed or authorized to possess a firearm.
Note: Certification from Firearms and Explosives Office (FEO) of
the PNP is necessary. Certification from lower offices of
the PNP may not be enough due to obsolescence of
records.
Q: What are the punishable acts and the corresponding
penalties involving firearms?
A. The following are the punishable acts under PD No. 1866 as
amended:
Punishable Acts Firearm Involved Penalty
1. Unlawful
manufacture, sale,
acquisition,
disposition or
possession of LOW-
POWERED firearms
rim fire handgun,
.380 or .32 and
other firearm of
similar firepower,
part of firearm,
ammunition, or
Imprisonment of
four years two
months and one
day to six years
AND fine of not
less than
or ammunition or
instruments used
or intended to be
used in the
manufacture of
such firearms or
ammunition,
provided, that no
other crime was
committed.
machinery, tool or
instrument used or
intended to be
used in the
manufacture of
any such firearm
or ammunition
Php15,000.00
2. Unlawful
manufacture, sale,
acquisition,
disposition or
possession of
HIGH-POWERED
firearms or
ammunition or
instruments used
or intended to be
used in the
manufacture of
such firearms or
ammunition,
provided, that no
other crime was
committed.
with bores bigger
in diameter than
Cal. 38 and Cal
9mm such as
calibers .40, .41,
.44, .45 and also
firearms with lesser
caliber but
considered
powerful such as
caliber .357 and
caliber .22 center-
fire magnum and
other firearms with
firing capability of
full automatic and
by burst of two or
three
Imprisonment of 6
years and 1 day to
8 years AND a fine
of Php30,000.00
3. any person
who shall carry
any licensed
firearm outside his
residence without
legal authority
ANY LICENSED
FIREARM
Imprisonment of
one month and
one day to six
months
 Violation of
the
COMELEC
GUN BAN
ANY FIREARM
(licensed or
unlicensed)
Imprisonment of
one year to six
years

3. Notes:
1). “The same penalty shall be imposed upon the owner,
president, manager, director or other responsible officer of any
public or private firm, company, corporation or entity, who shall
wilfully or knowingly allow any of the firearms owned by such
firm, company, corporation or entity to be used by any person
or persons found guilty of violating punishable Acts 1, 2 and 3
shown in the table above; OR, wilfully or knowingly allow any of
them to use unlicensed firearms or firearms without any legal
authority to be carried outside of their residence in the course
of their employment.” (Section 1, R.A No. 8294);
2). If homicide or murder is committed with the use of an
unlicensed firearm, such use of an unlicensed firearm shall be
considered as an aggravating circumstance;
3). If the violation of Section 1, PD No. 1866 as amended
is in furtherance of or incident to, or in connection with the
crime of rebellion or insurrection, sedition, or attempted coup
d'etat, such violation shall be absorbed as an element of the
crime of rebellion, or insurrection, sedition, or attempted coup
d'etat; and,
4). If the other crime committed is not among those
expressly indicated in R.A. No. 8294 (as emphasized in Notes 2
and 3), the law enforcer has to simultaneously file the illegal
possession of firearm case and the case for the other crime
committed. This is the clear import of the decision in the case of
Angel Celino, Sr vs CA, G.R. No. 170562, June 29, 2007 wherein
the Supreme Court states:
“In sum, when the other offense involved is one
of those enumerated under R.A. 8294, any information
for illegal possession of firearm should be quashed
because the illegal possession of firearm would have to
be tried together with such other offense, either
considered as an aggravating circumstance in murder
or homicide, or absorbed as an element of rebellion,
insurrection, sedition or attempted coup
d’etat. Conversely, when the other offense involved is
not one of those enumerated under R.A. 8294, then the
separate case for illegal possession of firearm should
continue to be prosecuted”.
Q: If arrested for possession of unlicensed firearm during
election period, what are the crimes committed?
A: The two crimes of Violation of COMELEC GUN BAN and Illegal
possession of firearm (Violation of PD No. 1866 as amended).
Q: In PD No. 1866 as amended, illegal
possession of firearm will prosper
“provided there was no other crime
committed”. Will the simultaneous
filing of Violation of COMELEC Gun
Ban and Illegal Possession of
Firearm violates this rule?
A: No. Police officers are mandated to
institute both charges since the word COMMITTED under PD
No. 1866 as amended implies guilt or prior conviction to the
other crime committed. However, applying the SC ruling in
the case of Agote vs Lorenzo, GR 142675, July 22, 2005, there
can be no separate conviction of illegal possession of firearm
and ammunition if the accused is convicted in another crime
not expressly mentioned in RA No. 8294. Therefore, the police
investigator has to recommend two cases in his referral letter
forwarding the case to the prosecutor. It is up to the Court
which of the two cases will be dismissed.
Q: What is the coverage of the term unlicensed firearm?
A: Section 5 of RA No. 8294 states: “Aside from those unlicensed
firearms per se, it also includes:
1) Firearms with expired license;
2) Unauthorized use of licensed firearm in the
commission of the crime;
Q: Can two persons be charged for possession of one (1)
firearm?
A: “To be guilty of the crime of illegal possession of firearms, one
does not have to be in actual physical possession of a
firearm. The law does not punish physical possession alone

4. The right of individuals
to bear arms is not
absolute, but is subject
to regulation. The
maintenance of peace
and order and the
protection of the people
against violence are
constitutional duties of
the State, and the right
to bear arms is to be
construed in connection
and in harmony with
these constitutional
duties. (Chavez vs
Romulo, G.R. No.
157036, June 9, 2004)
but possession in general, which includes not only actual
physical possession but also constructive possession, or the
subjection of the thing to the owner's control (People vs.
Villanueva, 43 O.G. 1271). Since the information charged
both suspects with having conspired and helped each
other in possessing the firearm, both could have been
convicted of that crime, even if only one was in actual
physical possession of the firearm” (PP vs Fajardo G.R. No. L-
18257, June 30, 1966 EN BANC).
Terms relating to Firearms:
(Implementing Rules and
Regulation of PD No. 1866)
1. “Firearm” - includes air
rifles and air pistols not
classified as toys under the
provisions of Executive Order
No. 712 dated 28 July 1981.
The barrel of any firearm shall
be considered a complete
firearm. Unserviceable
firearms are also included
(Zuno vs Dizon June 23, 1993,
ENBANC). Airsoft guns and
airguns are covered by the
Gun Ban during election
period. Replicas and
imitations are excluded
(Orceo vs COMELEC, GR
190779, EN BANC March 26,
2010).
2. “Permit To Carry Firearm Outside of Residence (PTCFOR)” –
is a written authority issued to any person by the Chief, PNP
which entitles such person to carry his licensed or lawfully issued
firearm outside of residence for the duration and purpose
specified therein. Note: Policemen bringing their issued firearm
outside the territorial jurisdiction of their assignments must be
equipped with PTCFOR.
3. “Residence” – refers to that place where the firearm and
the ammunition are being permanently kept. It includes the
office or house where it is kept and the premises of the house
enclosed by walls and gates separating said premises from
adjacent properties. For firearms covered by a Regular License
or Special Permit their residence shall be that specified in the
license or permit; and those covered by a Certificate of
Registration or a Memorandum Receipt their residence in the
office/station to which the grantee belongs.
Note 1: The vehicle is not an extension of the firearm
residence.
Note 2: The law requires that licensee must notify the FEO,
PNP of any change of firearm address. Licensee must have
necessary TRANSPORT PERMIT for their firearm if they are moving
domicile.
Q: What is the limitation as to issuance of Mission/Letter Order?
A: No Mission Order shall be issued to any civilian agent
authorizing him to carry firearms outside residence unless he
is included in the regular plantilla of the government agency
involved in law enforcement AND is receiving regular
compensation for the services he/she is rendering in the
agency. FURTHER, he must be included in a specific law
enforcement/police/intelligence project proposal or special
project which specifically requires the use of firearm(s) to
insure its accomplishment AND that the project is duly
approved at the PNP Regional Office level or its equivalent
in the major services of the AFP, and NBI, or at higher level of
command. (Amendment to the IRR of PD No. 1866)
Q: Who are authorized to issue mission order?
A: Sec. 5 of the IRR of PD No. 1866 enumerates (not inclusive)
the following as authorized to issue mission orders:
a. For officers, men and regular civilian agents of the
Department of National Defense (DND/AFP including
members of the CAFGU;
(1) The Secretary of National Defense and such other
Department officials duly designated by him;
(2) The Chief of Staff, AFP;

5. (3) Chiefs of the General/Special/Technical and
Personal Staffs of GHQ, AFP;
(4) Commanders of the AFP Major Services including
the Chiefs of their respective General
/Special/Technical and Personal Staffs;
(5) Commanders and Chiefs of Staff of AFPWSSUs,
unified commands and major commands/units of
the AFP and the Major Services;
(6) Commanders of the battalions and higher units
and their equivalent in the Philippines Air Force
and Philippine Navy;
(7) Commanders of AFP intelligence units from GHQ
AFP down to regional command levels;
(8) Officers of the PAF and Navy with positions
equivalent to the PNP Provincial Director, City and
Municipal Chiefs of Police and Group
Commanders, PNP Regional or Provincial Mobile
Groups; and
(9) Detachment commanders in remote areas whose
higher commanders are not easily available to
issue such orders.
b. For members of the NBI:
(1) The Director
(2) The Deputy Director
(3) The Assistant/ Regional Director.
c. For agents of the National Intelligence and
Coordinating Authority (NICA) - The Director-General,
NICA.
d. For members of the Customs Enforcement and
Security Service and CIIS:
(1) The Commissioner;
(2) The Deputy Commissioner for Intelligence &
Enforcement Group; and,
(3) Director, CIIS
e. For agents and key personnel of the Bureau of
Immigration and Deportation - The Commissioner
f. For Export Processing Zone Authority Police Force:
(1) EPZA Administrator; and
(2) The Department Manager.
g. For Philippine Ports Authority Police Force:
(1) General Manager;
(2) Assistant General Manager
(3) The Superintendent
h. For Manila and for Mactan-Cebu International Airport
Authority Police Force - The General Manager
i. For Law Enforcement Service of LTO - The Assistant
Secretary
j. For the specified personnel of the NAPOLCOM -
The Vice-Chairman, Executive Officer and
Regional Directors, NAPOLCOM
k. For the personnel of PDEA – Executive Director
l. For the personnel of Law Enforcement Section of BFAR
– Bureau Director
m. For DENR personnel
(1) The secretary
(2) The Undersecretary for ENR operations
n. For the personnel of the Office of the Sergeant at Arms
(OSAA) of the Senate or House of Representatives and
the OSAA certified security escorts of Senators or
Congressmen – The Sergeant at Arms
JURISPRUDENCE:
1. In the case of Sayco vs PP, G.R. No. 159703, March 3, 2008,
the rules regarding issuance of MR and MO are summarized,
as follows:
a. Special or confidential civilian agents who are not
included in the regular plantilla or any government agency
involved in law enforcement or receiving regular
compensation for services rendered are not exempt from the
requirements under PD 1866 as amended of a regular license
to possess and a PTCFOR;
b. Said special or confidential civilian agents are not
qualified to receive, obtain and possess government-owned
firearms. Their ineligibility will not be cured by the issuance of
a memorandum receipt for equipment covering said
government-owned firearms. Neither will he qualify for

6. exemption from the requirements of a regular firearms license
nor a PTCFOR by the mere issuance to them of a
government-owned firearm covered by a memorandum of
receipt; and
c. Said special or confidential civilian agents do not
qualify for mission orders to carry firearms (whether private or
government-owned) outside of their residence.
2. PP V Wenceslao Jayson, G.R. No 120330 Nov. 18, 1997
Facts: The suspect worked as a "bouncer" in a nightclub,
and it was as a "bouncer" that he used the gun seized from him.
His defense is that the gun is covered by a memorandum
receipt and mission order issued by then Deputy Commander of
the Civil-Military Operation and CAFGU Affairs of the Davao
Metropolitan District Command.
Held: The person who issued the
mission order in question, was not
authorized to do the same. Neither
was accused-appellant qualified to
have a mission order.
3. P/CINSP Belga vs Judge Buban,
A.M. No. RTJ-99-1512, May 9, 2000
Facts: The respondent judge
acquitted the accused based on the
fact that the accused was in
possession of a mission order.
Held: It is clear from P.D. 1866
that a license is necessary in order to
possess a firearm. As held in the case
of Pastrano vs. Court of Appeals (281 SCRA 287), a mission order
cannot take the place of a license.
Q: What is the liability of the officer who issued authority to carry
firearm outside residence without authority or issued it
irregularly?
A: Imprisonment from six months and one day to six years
(Section 7, PD No. 1866).
Q: When is COMELEC GUN BAN going to take effect?
A: It coincides with the election period which will take effect
starting January 13, 2013 and will end on June 12, 2013. The
prohibited acts are: bearing, carrying or transporting firearms
or other deadly weapons, unless authorized in writing by the
COMELEC. [sec. 261(p), (q), (r), and (s), of the Omnibus
Election Code as amended by Sec. 32, R.A. No. 7166].
Notes:
1. The privilege by virtue of issuance of PTCFOR is suspended
during election period.
2. COMELEC Resolution No. 9385 dated April 3, 2012 states:
“Section 32. Who May Bear Firearms. –
During the election period, no person shall bear, carry or
transport firearms or other deadly weapons in public places,
including any building, street, park, private vehicle or public
conveyance, even if licensed to possess or carry the same,
unless authorized in writing by the Commission. The issuance of
firearms licenses shall be suspended during the election period.
Only regular members or officers of the PNP, the AFP and
other enforcement agencies of the Government who are duly
deputized in writing by the Commission for election duty may
be authorized to carry and possess firearms during the election
period: Provided, That, when in the possession of firearms, the
deputized law enforcement officer must be: (a) in full uniform
showing clearly and legibly his name, rank and serial number
which shall remain visible at all times; and (b) in the actual
performance of his election duty in the specific area designated
by the Commission.” (RA No. 7166)
NOTE: Please visit our website: “www.pnplegalservice.org.ph”
for more informative articles about police works.
This Office appreciates PSI/ATTY LOUWE A PADILLO and PSI/ATTY
REYNOLD B VILLANIA, Legal Officers for their invaluable
contribution to this issue of legal advisories – S, 24/7
Governor, Mayor, &
Punong Barangay are
entitled to possess
and carry firearm
within their
territorial jurisdiction
subject to PD 1866 as
amended and its IRR
in relation to the
Local Gov’t Code.
GUNBAN during
election period
applies to them.