REPUBLIC ACT NO. 7183 - AN ACT
REGULATING THE SALE, MANUFACTURE, DISTRIBUTION AND USE OF FIRECRACKERS
AND OTHER PYROTECHNIC DEVICES
Section 1. Purpose of this Act. — It is the purpose of this
Act to regulate and control the manufacture, sale, distribution and use
of firecrackers and other pyrotechnic devices consistent with, and in
furtherance of, public safety, order and national security, as well as
the enhancement of the cultural traditions.
Sec. 2. Types of Firecrackers and Pyrotechnic
Devices Allowed in this Act. — The following common types of
firecrackers and pyrotechnic devices may be manufactured, sold,
distributed and used:
A. Firecrackers:
(1) Baby rocket — A firecracker with a stick so
constructed that lighting of the wick will propel the whole thing to
lift a few meters before exploding. The firecracker is about 1 ½
inches in length by 3/8 inch in diameter while the stick is about a
foot in length;
(2) Bawang — A firecracker larger than a triangulo
with 1/3 teaspoon of powder packed in cardboard tied around with abaca
strings and wrapped in shape of garlic;
(3) Small triangulo — A firecracker shaped like a
triangle with powder content less than the bawang and usually wrapped
in brown paper measuring ¾ inch length in its longest side;
(4) Pulling of strings — A firecracker consisting of
a small tube about an inch in length and less than ¼ of an inch
in diameter with strings on each end. Pulling both strings will cause
the firecracker to explode;
(5) Paper caps — Minute amount of black powder spread
in either small strips of paper on a small sheet used for children's
toy guns;
(6) El diablo — Firecrackers tubular in shape about 1
¼ inches in length and less than ¼ inch in diameter with
a wick; also known as labintador;
(7) Watusi — Usually reddish in color about 1
½ inches in length and 1/10 inch in
width usually ignited by friction to produce a dancing movement and a
crackling sound;
(8) Judah's belt — A string of firecrackers
consisting of either diablos or small triangulos that can number up to
a hundred or thereabout and culminating in large firecracker usually a
bawang;
(9) Sky rocket (kwitis) — A large version of a baby
rocket designed to be propelled to a height of forty (40) to fifty (50)
feet before exploding;
(10) Other types equivalent to the foregoing in
explosive content.
B. Pyrotechnic Devices:
(1) Sparklers — Pyrotechnic devices usually made of
black powder on a piece of wire or inside a paper tube designed to
light up and glow after igniting;
(2) Luces — Any of several kinds of sparklers;
(3) Fountain — A kind of sparkler conical in shape
which is lighted on the ground and designed to provide various rising
colors and intermittent lights upon being ignited;
(4) Jumbo regular and special — A kind of sparkler
similar to a "fountain" but bigger in size;
(5) Mabuhay — Sparklers bunched into a bundle of a
dozen pieces;
(6) Roman candle — A sparkler similar to a "fountain"
but shaped like a big candle;
(7) Trompillo — A pyrotechnic device usually fastened
at the center and designed to spin first clockwise and then
counter-clockwise and provides various colored lights upon being
ignited;
(8) Airwolf — A kind of sky rocket shaped like an
airplane with a propeller to rise about forty (40) or fifty (50) feet
and provide various kinds of light while aloft;
(9) Whistle device — Any of the various kinds of
firecrackers or pyrotechnic designed to either simply emit a
whistle-like sound or explode afterwards upon being ignited;
(10) Butterfly — Butterfly-shaped pyrotechnic device
designed to lift above ground while providing light;
(11) All kinds of pyrotechnic devices (pailaw); and
(12) Other types equivalent to the foregoing devices.
Sec. 3. Prohibited Types of Firecrackers and
Pyrotechnic Devices. — The manufacture, sale, distribution and use of
other types of firecrackers and pyrotechnic devices not mentioned in
the foregoing section, of such explosive content that could endanger
life and limb, such as atomic big triangulo and super lolo and their
equivalent are hereby prohibited. Determination of what constitutes
prohibited firecrackers and pyrotechnic devices shall be vested with
the Director-General of the Philippine National Police (PNP).
Sec. 4. License or Permit Requirements. — License
or permit to manufacture, sell and distribute firecrackers and other
pyrotechnic devices shall be granted for the manufacture, sale and
distribution of firecrackers and other pyrotechnic devices enumerated
in Sec. 2 hereof. Under no circumstances shall a license or permit
be granted for the manufacture, sale and/or distribution of prohibited
firecrackers and other pyrotechnic devices mentioned in Sec. 3
hereof.
Any person desiring to manufacture, sell or distribute fireworks and
other pyrotechnic devices shall file his application for the issuance
of license or business permit with the Chief of PNP, through the
provincial director of the province where the business or project is
located. Applicants from Metro Manila shall submit their application
through the Commanding Officer of the Firearms and Explosives Unit,
Headquarters, PNP.
Reasonable fees may be charged for the issuance of said licenses or
permits to defray the cost of regulating the manufacture, sale and
distribution of firecrackers and pyrotechnic devices.
Sec. 5. Qualifications of Manufacturers or
Dealers. — A license or permit to manufacture or to deal in wholesale
or retail of firecrackers and pyrotechnic devices shall be issued only
to: (a) Filipino citizens of good moral character; or (b) entities duly
registered with the Bureau of Commerce of the Department of Trade and
Industry (DTI) or the Securities and Exchange Commission (SEC), one
hundred per centum (100%) of the capitalization of which is owned by
Filipino citizens.
Sec. 6. Importation of Chemicals and Explosive
Ingredients. — The importation of finished firecrackers and fireworks
shall be prohibited.
Only duly licensed manufacturers shall be allowed to import chemicals
or explosive ingredients used in the manufacture of firecrackers and
pyrotechnic devices.
Any person licensed to manufacture, deal in or purchase chemical and
explosive ingredients who desires to import explosive ingredients from
abroad shall submit his application to the Chief of the PNP, through
the provincial director of the province where the business or project
is located. Applicants from Metro Manila shall submit their
applications through the Commanding Officer of the Firearms and
Explosives Unit, Headquarters, PNP.
Sec. 7. Safety Guidelines. — Strict compliance of
the following safety precautions, rules and regulations shall be
observed by manufacturers, distributors and users of firecrackers and
pyrotechnic devices:
(a) A zone shall be designed by the local government
unit where a manufacturing complex may be established. The outer
perimeter of this zone shall be at least three hundred (300) meters
away from the nearest residential units. Once a zone has been defined,
no residential unit shall be permitted nearer than three hundred (300)
meters from the perimeter of such zone;
(b) The manufacturing complex shall be governed by,
but not limited to, the following safety measures:
(1) All buildings shall have adequate ventilation, no
concrete floors, must be leak-proof and furnished with necessary fire
extinguishers;
(2) The warehouse must be at least fifty (50) meters
away from any processing station of the complex; and
(3) The following processing stations of the complex
shall be laid out according to the indicated minimum distance from each
other with all sides open:
(i) Mixing 50 MTS
(ii) Grinding 40 MTS
(iii) Packaging 40 MTS
(iv) Nagmimitsa 20 MTS
(v) Loading 20 MTS
Sec. 8. Labeling of Firecrackers and Pyrotechnic
Packages. — Firecrackers and pyrotechnic devices shall bear labels
indicating the name and address of their manufacturers and warning
instructions written in Filipino and English.
Sec. 9. Record. — Every person authorized to
purchase and use explosive under this Act shall be required to keep a
complete, itemized and accurate record showing:
(a) Qualities and kinds of explosives; and
(b) The purpose for which the explosives were used.
SECTION 10. Reports. — At the end of every month,
licensees shall submit to the Chief of the PNP, through the provincial
director of the province where their business or projects are located,
a monthly report for explosives in triplicate. The provincial director
shall retain the triplicate copy of his file and forward the original
and duplicate copies to the Headquarters, PNP with his comment,
recommendation or notation.
SECTION 11. Penalties. — Any person who manufactures,
sells, distributes or uses firecrackers and other pyrotechnic devices
in violation of the provisions of this Act shall be punished by a fine
of not less than Twenty thousand pesos (P20,000.00) nor more than
Thirty thousand pesos (P30,000.00), or imprisonment of not less than
six (6) months nor more than one (1) year, or both such fine and
imprisonment, at the discretion of the court in addition to the
cancellation of his license and business permit and the confiscation by
the Government of his inventory or stock.
SECTION 12. Promulgation of Rules and Regulations for
the Administration and Enforcement of this Act. — The PNP shall be
primarily responsible for the administration and enforcement of this
Act. It shall transmit all case for prosecution arising from violations
of this Act to proper government prosecutors for appropriate action.
The PNP is hereby authorized after public hearing and consultation with
the firecrackers and pyrotechnic industry, to promulgate rules and
regulations necessary to regulate and control the manufacture, sale,
distribution, use and importation, including the determination and
review of the gun powder and other raw material content of firecrackers
and pyrotechnic devices in accordance with the provisions of this Act:
provided, that the local chief executives shall be given the authority
to promulgate the necessary rules and regulations within their
territorial jurisdiction in conformity with the national standards,
rules and regulations.
SECTION 13. Repealing Clause. — Executive Order No.
52, series of 1966, is hereby repealed and all laws, decrees, orders,
rules and regulations and other issuances or parts thereof inconsistent
with the provisions of this Act are hereby repealed or modified
accordingly.
SECTION 14. Effectivity Clause. — This Act shall take
effect fifteen (15) days after its publication in the Official Gazette
or in a newspaper of general circulation.
Approved: January 30, 1992
|