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WHEREAS,
in order to give the aforementioned holders of
loose or unlicensed firearms, ammunition or explosives the
opportunity to dispose of the same without incurring criminal
liability,
it is necessary to adopt a liberal scheme
for the purpose.
NOW,
THEREFORE, I, FERDINAND E. MARCOS, President of
the Philippines, by virtue of the powers vested in me by the
Constitution,
do hereby order and decree the
following:
Section
1. Grant of Amnesty. — Amnesty
is hereby decreed in favor of any person who, on or before the date
of effectivity
of this Decree, has been under arrest and/or investigation
for, charged with, or convicted of, simple
illegal possession of firearm, ammunition, or explosive,
provided that he shall apply therefor in writing
to the proper authorities within three (3) months
from such date of effectivity. For purposes of this
Decree, illegal possession of firearm, ammunition or explosive shall be
deemed simple if no other, offense is
committed with the use of such firearm, ammunition or
explosive.
Sec.
2. Persons Disqualified From
Amnesty. — The following are disqualified from amnesty under this Decree:
a. Promoters,
maintainers, heads or members of rebellious, seditious or subversive
organizations or
associations;
b. Those
who have been arrested, charged with and/or convicted of illegal
possession
of firearm, ammunition or explosive,
with resultant offense or offenses.
Sec.
3. Surrender of Firearms, Ammunition,
Explosives. — All laws, rules and regulations to the contrary notwithstanding,
any person not otherwise disqualified under Section
2a hereof, who possesses any firearm, ammunition or
explosive without any license or permit as prescribed by
law may, without incurring any criminal liability therefor, surrender
the same to the proper authorities within a
period of three (3) months from the date of effectivity
of this Decree: Provided, however, That the
foregoing provision shall not be construed as barring
the prosecution of any person for illegal possession
of firearms, ammunition, or explosives as the
case may be, in violation of current laws, if he, within
the above-mentioned period of three (3) months:
a. Carries
outside of his residence, any loose or unlicensed firearm, ammunition
or
explosive, unless this be for
the purpose of surrendering the same
as evidenced by a written authorization to transport the
same for that particular purpose priorly secured by
him from the proper authorities;
b. Commits
any other offense with the use of such loose or unlicensed firearm.
Sec.
4. Licensing of Surrendered Firearms.
— The holder or possessor of the firearm surrendered in accordance with
this Decree may apply to possess the same
under license provided that he is qualified to possess
the said firearm in accordance with existing laws, rules and
regulations.
Sec.
5. Compensation for Surrendered
Firearms. — A firearm which cannot be possessed under license by the
person
who surrendered it may be sold to and licensed in the name
of
qualified individuals, firms, or corporations who/which shall pay
the corresponding price of such firearm. The payment shall accrue
in favor of the person who surrendered the firearm.
Sec.
6. Amnesty Commissions. — As
many Amnesty Commissions as are necessary to evaluate applications for
amnesty under this Decree shall be created by the Minister of
National
Defense, to be composed of a representative from the Philippine
Constabulary,
as chairman, and representatives of the Ministry of Justice and the
Office
of the Judge Advocate General, Armed Forces of the Philippines, as
members.
Sec.
7. Powers and Functions of the
Amnesty Commissions. — The Amnesty Commissions shall have the power toadminister
oath, issue subpoena and subpoena duces tecum, examine the facts and
circumstances
surrounding each case, conduct summary hearings of witnesses, if
necessary,
as basis for their recommendation to the President, thru the Minister
of
National Defense, to deny or grant the amnesty applied for.
Sec.
8. Travelling Expenses and Allowances.
— The Chairmen and members of the Amnesty Commissions created pursuant
to this Decree, when travelling in the performance of their duties for
purposes hereof, shall be entitled to payment of travelling expenses in
accordance with existing laws, rules and regulations, and a flat
allowance
of one hundred pesos a day.
Sec.
9. Appropriation. — The amount
of One Million Pesos (P1,000,000.00) is hereby appropriated out of any
funds of the National Treasury not otherwise appropriated to carry into
effect the provisions of this Decree.
Sec.
10. Rules and Regulations. —
The Minister of National Defense shall promulgate such rules and
regulations
as may be necessary for the effective implementation of this Decree.
Sec.
11. Effectivity. — This Decree
shall take effect immediately. (See PD No. 1747 amending this
section)
Done in the City of Manila, Philippines, this 20th day of November, in the year of Our Lord, nineteen hundredand eighty..chan robles virtual law library
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