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PRESIDENTIAL DECREE NO. 1745
PRESIDENTIAL DECREE NO. 1745 -
PROVIDING FOR THE DISPOSITION OF CASES INVOLVING SIMPLE ILLEGAL
POSSESSION OF FIREARM, AMMUNITION, OR EXPLOSIVE, THE
SURRENDER OF SUCH CONTRABAND UNDER CERTAIN GUARANTEES AND
CONDITIONS, AND FOR OTHER PURPOSES
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WHEREAS,
numerous cases of simple illegal possession of firearm,
ammunition or explosive either are under investigation, or have
been filed in court, or have resulted in conviction and sentence;chanroblesvirtualawlibrary
WHEREAS, reports from the law enforcement agencies further reveal
that there are still a big number of loose or unlicensed
firearms, ammunitions or explosives in the possession of
individuals a majority of whom, not having used such contraband
for the commission of any other offense or offenses, may be
desirous of surrendering the same but are prevented from doing so for
fear of being punished in accordance with current laws;chanroblesvirtualawlibrary
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: chanroblesvirtualawlibrary
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.
Section 2. Persons Disqualified From Amnesty. — The
following are disqualified from amnesty under this Decree:cralaw:red
a. Promoters, maintainers, heads or members of
rebellious, seditious or subversive organizations or
associations;chanroblesvirtualawlibrary
b. Those who have been arrested, charged with and/or
convicted of illegal possession of firearm, ammunition or
explosive, with resultant offense or offenses.
Section 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:cralaw:red
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; chanroblesvirtualawlibrary
b. Commits any other offense with the use of such
loose or unlicensed firearm. chanroblesvirtualawlibrary
Section 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.
Section 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.
Section 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. chanroblesvirtualawlibrary
Section 7. Powers and Functions of the Amnesty
Commissions. — The Amnesty Commissions shall have the power to
administer 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.
Section 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.
Section 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.
Section 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.
Section 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 hundred and eighty.
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