V. Comprehensive Firearms and Ammunition Regulation Act (RA 10591, Secs. 3 and 28–41)

PD 1866 (as amended by RA 8294) vis-a-vis RA 10591

Comprehensive Firearms and Ammunition Regulation Act (R.A. No. 10591)

Sections 3 and 28-41 Overview

Section 3: Definition of Terms This section provides definitions for key terms used in the Act:

• Firearm: Refers to any handheld or portable weapon, whether a rifle, shotgun, or handgun, from which a projectile is discharged by means of gunpowder or other similar materials.
• Ammunition: Refers to a complete unit consisting of a bullet, gunpowder, cartridge case, and primer that is fired from a firearm.
• Small Arm: Refers to firearms intended to be or primarily designed for individual use or designed to be fired from the hand or shoulder.
• Class-A Light Weapon: Includes small-caliber weapons, such as submachine guns and assault rifles.
• Class-B Light Weapon: Includes heavy-caliber weapons, such as grenade launchers.
• Permit to Carry Firearms Outside of Residence (PTCFOR): A permit issued to an individual allowing the carrying of a firearm outside the residence for lawful purposes.

Sections 28-41: Regulations and Penalties

Section 28: Unlawful Acquisition or Possession of Firearms and Ammunition This section penalizes the unlawful acquisition or possession of firearms and ammunition. Penalties vary according to the type and number of firearms involved; specified circumstances, including possession of a loaded firearm, increase the penalty. Unlawful manufacture is addressed under Section 32.

Section 29: Use of Loose Firearm in the Commission of a Crime When the use of a loose firearm is inherent in a crime punishable under the Revised Penal Code or another special law, it is an aggravating circumstance. If that crime’s maximum penalty is lower than the penalty for illegal possession under Section 28, the latter penalty is imposed instead. If the maximum penalties are equal, prision mayor in its minimum period is imposed in addition to the penalty for the crime.

Section 30: Liability of Juridical Person An owner, president, manager, director, or other responsible officer of an entity who willfully or knowingly allows its firearms to be used by a person found guilty under Section 29, or allows the specified unauthorized use of firearms in the course of employment, is subject to prision mayor in its minimum to medium period. Unlawful manufacture, importation, sale, or disposition is addressed under Section 32.

Section 31: Absence of Permit to Carry Outside of Residence A person licensed to own a firearm who carries the registered firearm outside his or her residence without legal authority is subject to prision correccional and a ₱10,000 fine.

Section 32: Unlawful Manufacture, Importation, Sale or Disposition of Firearms or Ammunition or Parts Thereof, Machinery, Tool or Instrument Used or Intended to be Used in the Manufacture of Firearms, Ammunition or Parts Thereof Unlawfully manufacturing, importing, selling, or disposing of a firearm, ammunition, a major part thereof, or covered manufacturing machinery, tools, or instruments is punishable by reclusion temporal to reclusion perpetua. The section also sets out a prima facie evidentiary rule concerning possession of manufacturing equipment and penalizes specified unlawful acts by employees of licensed firearms dealers.

Section 33: Arms Smuggling A person who engages or participates in arms smuggling is subject to reclusion perpetua.

Section 34: Tampering, Obliteration or Alteration of Firearms Identification Unauthorized tampering with, obliteration or alteration of specified firearm components or identifying information, or unauthorized replacement of specified components bearing characteristics essential to forensic examination, is punishable by prision correccional to prision mayor in its minimum period.

Section 35: Use of an Imitation Firearm An imitation firearm used in committing a crime is considered a real firearm, and the offender is punished under this Act. Injuries caused during competitions, sports, games, or recreational activities involving imitation firearms are not punishable under this Act.

Section 36: In Custodia Legis During a case under this Act, seized firearms, ammunition, parts, machinery, tools, or instruments remain in court custody. If the court lacks adequate means to keep them safely, it shall order their turnover to the PNP Crime Laboratory for production when ordered. They may not be released on bond.

Section 37: Disposition of Confiscated, Surrendered, and Forfeited Firearms and Ammunition This section outlines the procedures for the disposition of confiscated, surrendered, and forfeited firearms and ammunition. The law allows for these items to be destroyed, sold, or utilized by law enforcement agencies, depending on their condition and the circumstances of their confiscation.

Section 38: Planting of Evidence Section 38 penalizes planting of evidence.

Section 39: Centralized Firearms and Ammunition Management System This section mandates the creation of a centralized system for managing all records related to firearms and ammunition, including registration, licensing, and the issuance of permits. This system aims to improve the monitoring and regulation of firearms within the country.

Section 40: Implementing Rules and Regulations This section authorizes the appropriate government agencies to create and enforce the implementing rules and regulations (IRR) necessary to execute the provisions of the Act. This ensures that the law is effectively enforced and that all stakeholders understand their obligations.

Section 41: Separability Clause This section states that if any provision of the Act is declared unconstitutional or invalid, the remaining provisions will continue to be in effect. This ensures the continuity of the law even if parts of it are challenged in court.

Summary

The Comprehensive Firearms and Ammunition Regulation Act (R.A. No. 10591) establishes strict controls over the possession, manufacture, sale, and use of firearms and ammunition in the Philippines. Section 3 provides crucial definitions that frame the law, while Sections 28-41 cover various regulations and penalties related to unlawful activities involving firearms and ammunition. The law is designed to ensure that firearms are only in the hands of those who are legally permitted to possess them, with severe penalties for those who violate its provisions. The Act also emphasizes the importance of due process, the creation of a centralized management system, and the proper disposition of confiscated firearms and ammunition.

Updated: The prosecution must establish the identity of the confiscated firearm presented in court, while a firearms-related search incident to arrest is valid only if the arrest was lawful (Togado v. People, G.R. No. 260973, 6 August 2024; Baclig v. People, G.R. No. 252644, 8 April 2026; Ridon v. People of Philippines, G.R. No. 252396, 6 December 2023).

Two kinds of incrimination of an innocent person:

• Making a statement which constitutes:
• defamation, or
• perjury (if made under oath and is false); and
• Planting evidence.

Notes:

• Art. 363 punishes any act not constituting perjury that directly tends to cause an innocent person to be falsely prosecuted or convicted.
• Those who resort to incriminatory machinations do not avail themselves of written or spoken words, unlike in defamation.
• There is a complex crime of Incriminating an Innocent Person through Unlawful Arrest.
• The perpetrators of the tanim bala scheme in airports are liable for violating both Article 363 of RPC and Section 38 of RA 10591 (Comprehensive Firearms and Ammunition Regulation Act). See also Section 29 of RA 9165 (Comprehensive Dangerous Drugs Act of 2002)

Presumptions when a person carries unlicensed firearm to the assembly

• Purpose of the meeting is to commit a crime under the RPC insofar as he is concerned; and
• Possessor is a leader or organizer of the meeting.