WHEREAS,
reports from the law enforcement agencies reveal that there are still
plenty of loose or unauthorized firearms in the possession of
individuals who desire to dispose of such firearms but are prevented by
fear of getting caught, prosecuted and severely punished in accordance
with existing firearms laws;chanroblesvirtualawlibrary
WHEREAS, said reports further reveal that these loose or unauthorized
firearms fall into the hands of common criminal and other lawless
elements, thereby retarding the Government's efforts toward the early
restoration of peace and order which are vital to the process of
normalization; chanroblesvirtualawlibrary
WHEREAS, experience has shown that at the onset of martial law, the
Government succeeded in collecting more than half a million firearms
from unauthorized holders through vigorous implementation of the
firearm laws coupled with an effective policy of attraction, such as
the dispensing with the prosecution of those who voluntarily
surrendered their firearms;chanroblesvirtualawlibrary
WHEREAS, in order to give loose or unauthorized firearms holders who
are not necessarily criminals the opportunity to dispose of their
firearms without incurring criminal liability, it is imperative that a
law for such purpose be promulgated.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order and decree as part of the law of the
land, the following:cralaw:red
Section 1. Surrender of firearms and ammunition. —
All laws, rules and regulations to the contrary notwithstanding, any
person holding or possessing any firearm or ammunition not covered by
license or permit prescribed by law may, without incurring any criminal
liability, surrender the same to the Government within a period of
three (3) months from the date of effectivity of this Decree.
Section 2. Licensing of surrendered firearms. — The
holder or possessor of the firearms surrendered in accordance with this
Decree may apply to possess the same under license provided that the
following conditions exist:cralaw:red
a. He is qualified to possess a firearm in accordance
with existing laws; and
b. The surrendered firearm is within the number, type
and caliber authorized to be possessed by the applicant.
Section 3. Compensation for surrendered firearms. — A
firearm which may not be possessed under license by the person who
surrendered it may be applied for to be purchased/possessed by
qualified individuals, firms or corporations who/which shall pay the
corresponding price of such firearm. The payment shall accrue in favor
of the holder/possessor who surrendered the firearm. For this purpose,
each firearm surrendered in accordance herewith shall be assessed or
valuated in accordance with the cost of firearms lawfully acquired.
Section 4. Effect on previous cases. — This Decree
shall not in any manner affect cases involving violations of General
Orders No. 6, as amended, in conjunction with Presidential Decree No.
9, and/or Sections 877 to 906, in relation to Section 2692, all of the
Revised Administrative Code, as amended, which have already been
disposed of by or are still pending before the police agencies or the
courts or other proper offices of the government.
Section 5. Rules and regulations. — The Chief of
Constabulary/Director General, Integrated National Police shall, with
the approval of the Minister of National Defense, promulgate the rules
and regulations for the effective implementation of this Decree.
Section 6. Effectivity. — This Decree takes effect
upon approval.
Section 7. Repealing Clause. — All laws, rules and
regulations inconsistent herewith are hereby repealed and/or modified
accordingly.
Done in the City of Manila,
this 19th day of September, in the year of Our Lord, nineteen hundred
and eighty.
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