(Implementing
Rules and Regulations)
Pursuant to Section 8 of Presidential
Decree No. 1866, dated 29 June 1983, an amended, promulgated thereunder are the
Rules and Regulations implementing said Decree for the guidance of all
concerned.
Section 1.
Definition of Terms. - For purposes of Presidential Decree No. 1866 the
following terms shall mean and be interpreted as hereunder defined;
a.
"Firearm" as herein used, includes rifles, muskets, carbines,
shotguns, revolvers, pistols and all other deadly weapons from which a bullet,
ball, shot, shall or other missile may be discharged by means of gunpowder or
other explosives. The term also includes air rifles and air pistols not
classified as toys under the provisions of Executive Order No. 712 dated 28
July 1981. The barrel of any firearm shall be considered a complete firearm.
b.
"Explosives" - refers to any substance either solid or liquid, either
as a mixture of single compound which by chemical reaction liberate, at high
speed, heat and gas causing tremendous pressure resulting in an explosion, such
as gunpowder, powder used for blasting, all forms of high explosives, blasting
materials, dynamite, fuses, detonators and detonating agents, smokeless powder,
hand grenade, rifle grenade, pillbox bomb, molotov cocktail bomb, or other
incendiary devices and other chemical compound or chemical mixture that
contains any combustible unit or other ingredients in which proportion or
papkins that ignites by fire, by friction, by concussion, by percussion, or by
detonation of all or any part of the compound or mixture causing which a sudden
generation or highly heated gasses that resultant gaseous pressure are capable
of producing destructive effects or contiguous objects or destroying life or
limb.
c.
"Ammunition" - refers to loaded shells for rifles, muskets, carbines,
shotguns, revolvers, pistols and other firearms from which a bullet, ball,
shot, shall or other missile may be fired by means of gunpowder or explosives.
d.
"Mission Order" - is a written directive or order issued by competent
authority as enumerated in Section 5 hereof to persons who are under his
supervision and control for a definite purpose or objective during a specified
period and to such place or places as therein mentioned which may entitle the
bearer thereof to carry his duly issued or licensed firearm outside of his
residence when so specified therein.
e.
"Permit To Carry Firearm Outside of Residence" - is a written
authority issued to any person by the Chief of Constabulary which entitles such
person to carry his licensed or lawfully issued firearm outside of residence
for the duration and purpose specified therein.
f.
"Residence" - refers to that place where the firearm and ammunition
is being permanently kept. It includes the office or house where it is kept and
the premises of the house enclosed by walls and gates separating said premises
from adjacent properties. For firearms covered by a Regular License or Special
Permit their residence shall be that specified in the license or permit; and
those covered by a Certificate of Registration or a Memorandum Receipt their
residence in the office/station to which the grantee belongs.
g. "Duty
Detail Order" - is a written order/schedule issued by a superior officer
to his subordinate(s) assigning to the latter the performance of a specific
task(s) within or outside his/their official station which is a part of
his/their regular duties, usually requiring completion within a 24-hour period.
Section 2.
Manufacture, Sale, Acquisition or Possession of Firearm, Ammunition or
Explosives - Any person or entity desiring to import, manufacture, deal in,
receive, acquire, buy, sell, dispose of or possess any firearm, part of
firearm, ammunition, explosives or machinery, tool or instrument used or
intended to be
used in the manufacture of any firearm,
parts of a firearm, ammunition or explosives shall first secure the necessary
permit/license/authority from the Chief of Constabulary, except in the case of
application to manufacture firearms, ammunition or explosives, the
corresponding permit/license shall be issued only with the prior approval of
the President.
Section 3.
Authority of private individuals to carry firearms outside of residence.
a. As a rule,
persons who are lawful holders of firearms (regular license, special permit,
certificate of registration or MR) are prohibited from carrying their firearms
outside of residence.
b. However,
the Chief of Constabulary may, in meritorious cases as determined by him and
under such conditions as he may impose, authorize such person or persons to
carry firearm outside of residence.
c. Except as
otherwise provided in Sections 4 and 5 hereof, the carrying of firearm outside
of residence or official station in pursuance of an official mission or duty
shall have the prior approval of the Chief of Constabulary.
Section 4.
Authority of Personnel or Certain Civilian Government Entities and Guards of
Private Security Agencies, Company Guard Forces and Government Guard Forces to
Carry Firearms - The personnel of the following civilian agencies including
guards of private security agencies, company guard forces and government guard
forces are authorized to carry their duly issued firearms whenever they are on
duty detail subject to the specific guidelines provided in Sec 6 hereof.
a. Guards of
the National Bureau of Prisons, Provincial and City Jails;
b. Members of
the Bureau of Customs Police, Philippine Ports Authority Security Force, and
Export Processing Zones Authority Police Force; and
c. Guards of
private security agencies, company guard forces and government guard forces;
Section 5.
Authority to Issue Mission Order Involving the Carrying of Firearm - The
following are authorized to issue mission orders with provisions which may
entitle the bearer thereof to carry his issued/licensed firearm and ammunition
for the duration of such mission:
a. For
officers, men and regular civilian agents of the Ministry of National Defense
(MND)/Armed Forces of the Philippines (AFP) including members of the ICHDF;
1) The
Minister of National Defense and such other Ministry officials duly designated
by him;
2) The Chief of Staff, AFP;
3) Chiefs of the General/Special/Technical and
Personal Staffs of GHQ AFP;
4) Commanders
of the AFP Major Services including the Chiefs of their respective
General/SpecialIT echnical and Personal Staffs;
5) Commanders
and Chiefs of Staffs of AFPWSSUs and major commands/ units of the AFP and the
Major Services;
6) Commanders
of the battalions and higher units and their equivalent in the Philippine Air
Force and Philippine Navy;
7) Commanders
of AFP intelligence units from GHQ AFP down to regional command levels;
8) Provincial
Commanders, METRODISCOM Commanders, Company Commanders and their equivalent in
the Philippine Air Force and Philippine Navy; and 9) Detachment commanders in
remote areas whose higher commanders are not easily available to issue such
orders.
b. For members
of the Integrated National Police (INP):
1)
The Director General, INP;
2)
Deputy Director General, INP;
3)
Regional DirectorslDirector, Metropolitan Police Force;
4)
Commanding General, Office of Jail Management and Penology;
5)
Director of Legal Affairs, INP Legal Service;
6)
Provincial/District Superintendents;
7)
Commanding Officers of Metropolitan District Commands;
8)
Commanding Officer, INP Field Force;
9)
Station/Sub-Station Commanders; and 10) Commanding Officers, INP separate
Units/Offices or officers holding equivalent commands.
c. For members
of the National Bureau of Investigation:
1)
The Director;
2)
The Deputy Director; and 3) The Assistant/Regional Directors.
d. For agents
of the National Intelligence and Security Authority (NISA):
1)
The Director-General, NISA 2) The General Manager
Section 6.
Specific Guidelines in the Carrying of Firearms Outside of Residence - The
following specific guidelines shall be strictly observed in the carrying of
firearm outside of residence:
a. Lawful
holders of firearm - Lawful holders of firearm (regular license, special
permit, certificate or registration or MIR) are prohibited from carrying their
firearms outside of residence except when they had been issued by the Chief of
Constabulary a permit to carry firearm outside of their residence as provided
for in Sec 3 hereof or in actual performance of duty or official mission under
Secs 4 and 5 hereof.
b. For
officers, men and regular civilian agents of the MND/AFP/PNP:
1) Whether in
uniform or in civilian attire, the aforementioned personnel are not authorized
to carry firearms except while on actual performance of official duties or when
on official mission pursuant to a mission order. When required by proper
authorities, the mission order should be shown on demand without resentment to
avoid misunderstanding.
The term
"duty" as used herein means a task or function that requires the use
of firearm to insure its accomplishment. This includes, but shall not be
limited to: guarding or securing persons legally entitled to protection, and
govemment property; enforcing laws and regulations;
participation in training, combat,
police, intelligence and security operations; detail as participants in parade
and ceremonies and the like. The authority to carry firearm in the above
instances shall apply not only in the specific place of duty but also from the
camps, barracks, quarters or assembly area of such personnel to the place of
duty and back.
The term
"official mission" shall refer to a task that requires the personnel
concerned to go out of his official station for its accomplishment.
2) While in
the actual performance of duty such as those enumerated above, the letter order
detailing them to such duty, the operation order in combat, police,
intelligence or security operations, and other written instructions indicating
the authority to carry the firearm issued by a competent authority, shall be
sufficient. In some instances where time is of the essence, the authority may
be verbal, provided the individuals are in uniform, within their area of
operation or place of duty, and accompanied by a person in charge.
c. Manner of
Carrying Firearms:
1)
As a general rule, firearms shall be carried only while in proper uniform.
2) The sidearm
carried by a person in uniform shall be placed in a holster securely attached
to the belt, except that military pilots in flying uniforms and crew of armored
vehicles may carry their firearms in shoulder holsters.
3) Personnel
in uniform but without holster and those in civilian clothes who are authorized
to carry firearms outside their residence shall ensure that their firearms are
concealed unless in actual use for a legitimate purpose.
4) The
practice of flagrantly displaying a firearm or tucking it at the waist while in
uniform or in civilian clothes is prohibited.
5)
Only firearms specifically described in the mission orders shall be carried.
d. Limitations
and Restrictions:
.
1) Those
authorized to carry firearms shall not bring said firearms inside public
drinking places, cabarets, public dance halls and public amusement places, or
while attending civic, political and religious rallies and meetings.
2) Carrying of
long firearms is prohibited in Metro Manila, chartered cities, provincial
capitals, and other thickly populated areas or in fiestas or other large
gatherings except when called for in the performance of duty or accomplishment
of mission.
e. Agents of
the National Bureau of Investigation and National Intelligence and Security
Authority are not allowed to carry firearms outside of residence except while
in the actual performance of official mission or duty provided they are covered
by appropriate Mission Orders.
f. Guards of
the Bureau of Prisons and of provincial jails are not authorized to carry their
duly issued firearm except within the premises of the prison or jail in which
they are actually on guard duty and while escorting prisoners pursuant to a
validly issued duty detail order from the prison or jail to offices of
provincial/city fiscals or to the courts, in compliance with subpoena issued
for the purpose, and return.
g. Members of
the Bureau of Customs Police, Philippine Ports Authority Security Force, Export
Processing Zones Authority Police Force are not authorized to carry their
issued firearms except while on duty within the customs, port or zone area
only. After their tour of duty, the firearms should be retumed to the property
custodian or armorer for safekeeping in the depository. In case of missions
outside of their official stations, they may be allowed to carry their duly
issued firearms provided they are covered by duty detail order issued by the
Chief of Customs Police, Chief Security Officer of the Philippine Ports
Authority and the Chief Security Officer of the Export Processing Zone
Authority, respectively, specifically detailing them to such duty. The duty
detail order shall state the period and the places covered.
h. For guards
of licensed security agencies and public or private corporations or firms:
1) Guards of
security agencies and public or private corporations or firms are not
authorized to carry firearms except while on duty, in proper uniform and they
are properly covered by a duty detail issued by the Chief Security Officer
concerned. The carrying of firearms is limited only from the premises of the
office of such agencies, corporations or firms to their place of work and
return.
2) Security guards
shall not bring home the firearms issued to them. After their tour of duty, the
firearms should be returned for safekeeping in the depository in the office or
premises of work of the security guard.
3) Only
firearms licensed to the agency, corporation or firm concerned may be
used/carried by the security guard.
4) Security
guards may be allowed to carry firearms to escort big amounts of cash or
valuables of their registered clients, provided that said escorts are covered
by duty detail order issued by the Chief Security Officer concerned.
Coordination shall be made by the operator/general manager with CG, PC
METROCOM, MMPF in Metro Manila, and Provincial Commander/Police Superintendent
in the province who should be furnished a copy of the duty detail order, as
soon as said orders are issued.
i. For
Integrated Civilian Home Defense Forces (ICHDF):
1) CHDF
members are not allowed to travel with firearms individually and are not
allowed to operate outside of its operational area without prior authority/clearance
from the Military Commander-in-Charge.
2) CHDF
members are not allowed to bring their issued firearms to their residence
except as specifically authorized by the military Commander-in-Charge on a
case-to-case basis when justified by the exigencies of the service.
3)
A secured depository of firearms should be maintained at the lowest level of
CHDF organization.
4) Appropriate
information/coordination shall be made with the nearest PC or INP unit for
purposes of identification and to preclude incidents of violence between CHDF
and military forces in instances where apprehensions or arrest of CHDF in the
province is to be effected.
Section 7.
Unlawful Repacking or Altering of the Composition of Lawfully Manufactured
Explosives Altering, repacking or in any way modifying the composition of
lawfully manufactured explosives is unlawful and punishable provided, however,
that persons authorized to conduct blasting operations may, upon prior approval
obtained from the Firearms and Explosives Unit (FEU) HPC, be authorized to
repack explosives to conform with their blasting requirements.
Section 8.
Unlawful Tampering of Firearm Serial Number - Tampering, changing, defacing or
in any way erasing the serial number of a firearm is unlawful and punishable
except as provided hereunder:
a. The
tampering, changing, defacing or erasing of the firearm's serial number is done
with the prior consent/approval of the Chief of the Philippine Constabulary or
his duly designated representative;
b. The new
serial number to be stamped/engraved on any firearm shall be designated by
FEU,HPC;and
c. The
stamping/engraving of the new serial number assigned shall be done under the
supervision of the FEU.
Section 9.
Unlawful Issuance of Mission Orders or Permit to Carry Firearm - Except as
provided in these Rules and Regulations no other person or officer is
authorized to issue mission order involving the carrying of firearms or permits
to carry firearms.
Section 10.
Effectivity. - These rules and regulations shall be effective immediately.
AMENDMENT
TO THE RULES AND REGULATIONS IMPLEMENTING PRESIDENTIAL DECREE NUMBER 1866 DTD
29 JUNE 1983 CODIFYING THE LAWS ON ILLEGAUUNLAWFUL POSSESSION, MANUFACTURE,
DEALING IN, ACQUISITION OR DISPOSITION OF FIREARMS, AMMUNITION OR EXPLOSIVES AND
IMPOSING STIFFER PENALTIE~ FOR CERTAIN VIOLATIONS THEREOF AND RELEVANT
PURPOSES.
The Rules and
Regulations Implementing Presidential Decree Number 1866 dated 29 June 193 are
hereby further amended as indicated hereunder:
Additional
paragraphs denominated as "d", "e", of', "g" and
"h" shall be added to Section 4, and shall read as follows:
"d.
Agents and key personnel of the Economic Intelligence and Investigation Bureau;
"e.
Agents and key personnel of the Bureau of Immigration and Deportation;
"f. Members
of the Manila International Airport Authority Police Force;
"g.
Members of the Mactan-Cebu International Airport Authority Police Force; and
"h.
Agents and key personnel of the Law Enforcement Services of the Land
Transportation Office (L TO)."
Section 5
"b" and "d" shall be corrected as indicated hereunder and
additional paragraphs denominated as Section 5 "e", or,
"g", "h", "I", "j", "k" and
"I" shall be added, and shall read as follows:
"b. For
members of the Philippine National Police.(PNP):
"(1) The
Director General, PNP;
"(2)
Deputy General, PNP;
"(3)
Regional DirectorslDirector, Metropolitan Police Force;
"(4)
Commanding OFFICERS, PNP Separate Units/Offices and Officers holding equivalent
Commands;
"(5)
Provincial Directors, PNP and District Superintendents;
"(7)
Commanding Officer, PNP Field Forces; and "(8) Station/Sub-Station
Commanders."
"d. For
agents of the National Intelligence and Coordinating Authority (NICA):
"The
Director General, NICA"
"e. For
agents and key personnel of the Economic Intelligence and Investigation Bureau
(Ell B):
"(1) The
Commissioner;
"(2) The
Deputy Commissioner; and
"(3) The
Assistant Commissioner/Regional Directors."
"f. For
agents and key personnel of the Bureau of Immigration and Deportation:
"The
Commissioner"
"g. For
the Bureau of Customs Police
"(1) The
Commissioner; and "(2) The Deputy Commissioner for Intelligence and
Enforcement Group."
"h. For
Export Processing Zone Authority Police Force:
"( 1)
EPZA Administrator; and
"(2) The
Department Manager."
"j, For
Philippine Ports Authority Police Force:
"The
Superintendent"
"j. For
Manila International Airport Authority Police Force:
"The
General Manager"
"k. For
Mactan-Cebu International Airport Authority Police Force:
"The
General Manager"
"I. For
Law Enforcement Services of Land Transportation Office (L TO):
"The
Assistant Secretary"
Section 6
"g" and "I" shall be corrected to read as follows:
"g.
Members of the Bureau of Customs Police, Philippine Ports Authority Police
Force, Export Processing Zone Authority Police Force, agents and key personnel
of the Economic Intelligence and Investigation Bureau, agents and key personnel
of the Bureau of Immigration and Deportation and members of the Manila
International Airport Authority Police Force, Mactan-Cebu International Airport
Authority Police Force and Law Enforcement Services of land Transportation
Office (L TO) who are not authorized to carry their issued firearms except
while on duty with the customs, port or zone areas of their operation only.
After their tour of duty, the firearms should be returned to the property
custodian for safekeeping in the depository. In case of missions outside of
their official stations, they may be allowed to carry their duly issued
firearms provided they are covered by Mission Order in consonance with Section
5 hereof. The Mission Order shall state the period and place covered."
"j, For
Civilian Armed Forces Geographical Units (CAFGU):
"(1)
CAFGU members are not allowed to travel with firearms individually and are not
allowed to operate outside of its operational area without prior
authority/clearance from the military commander-in-charge.
"(2)
CAFGU members are not allowed to bring their issued firearms to their residence
except as specifically authorized by the military Commander-in-Charge on a
case-to-case basis when justified by the exigencies of the service.
"(3) A
secured depository of firearms should be maintained at the lowest level of
CAFGU
organization.
"(4)
Appropriate information/coordination shall be made with the nearest PNP units
for the purpose of identification and to preclude incidents of violence between
CAFGU and military forces in instances where apprehensions or arrest of CAFGU
in the province is to be effected."
Done this 3rd
day of November 1993 at General Headquarters, Philippine National Police, Camp
Crame, Quezon City.
(Sgd) UMBERTO
A RODRIGUEZ
Police
Director General
Chief,
PNP
AMENDMENT
TO THE RULES AND REGULATIONS IMPLEMENTING PD 1866
The Rules and
Regulations Implementing Presidential Decree No. 1866 dated 29 June 1983 are
hereby amended as follows:
"Additional
paragraphs denominated as "a-1" shall be added to Section 6a, and
shall read as follows:
"a-1.
Mission Order. - A mission order involving the carrying of firearms issued
pursuant to Section 5 hereof, shall, as a general rule, cover places/areas only
within the area of responsibility of the issuing authority. However, in certain
instances when demanded by the nature and exigency of the mission, the mission
may cover places not within the area of responsibility of the issuing
authority. In such instances the Chief of the MONO Office/NBI Director or the
Commander of the AFP, INP and CHDF Commands/Units/Stations issuing the mission
order shall notify/coordinate with the highest PC or military commander in the
area where the mission is to be accomplished. Where the exigency of the mission
or the time element is crucial to the successful accomplishment of the mission,
notification/coordination shall be made immediately thereafter as soon as
practicable."
"The
bearer of the Mission Order shall sign an undertaking immediately below the
signature of the issuing authority to the effect that he (MO holder) is
certifying that he has read and fully understood the contents of his/her
mission order and binds himself/herself to strictly abide by and comply with
the instructions contained therein."
"No
Mission Order shall be issued to any civilian agent authorizing the same to
carry firearms outside residence unless he/she is included in the regular
plantilla of the government agency involved in law enforcement and is receiving
regular compensation for the services he/she is rendering in the agency.
Further, the civilian agent must be included in a specific law
enforcement/police/intelligence project proposal or special project which
specifically requires the use of firearm(s) to insure its accomplishment and
that the project is duly approved at the PC Regional Command level or its
equivalent level in other major services of the AFP, INP and NBI, or at higher
level of command.:
In Section 5a
(5), the words "unified commands" shall be inserted immediately after
the comma (,) of "AFPWSSUs".
"(5)
Commanders and Chiefs of Staff of AFPWSSUs, unified commands and major
commands/units of the AFP and the Major Services."
IMPLEMENTING
RULES AND REGULATIONS OF
EXECUTIVE
ORDER NO. 171
The following
rules and regulations are hereby promulgated for the effective implementation
of Executive Order No. 171 dated
January 22, 2003.
SECTION
1.
SCOPE
These rules
and regulations shall apply to all unlicensed firearms, including vintage guns,
which may be licensed for a period of one
(1) year from the effectivity of this IRR.
SECTION
2.
BASIC QUALIFICATION OF APPLICANT
a. Filipino
Citizen
b. At least 21
years of age
SECTION
3.
PROCEDURE FOR FILING OF APPLICATION
a.
Applicants for license to possess their surrendered unlicensed firearms shall
first secure a Permit to Transport (PTT)
for one-time use, of the firearms(s) and ammunitions from their residence to
the Police Officers or Stations where the application shall be processed.
b. PTT's may be issued by the following
Heads of Offices:
1) Director,
CSG
2) RD, PROs
c.
After securing the PTT's, the applicant shall properly wrap and label the firearms(s)
and ammunitions and submit the same to any of the following offices: "To:
Director, CSG"; "To Regional Director, Police Regional Office",
as the case may be.
d.
Director, CSG or the concerned PRO will conduct ballistics test on the firearm using three (3) rounds of ammunition that will be provided by the
applicant. In addition, the stencil of the serial number, make, caliber and
other markings of the firearm will be taken and attached to the spaces provided
for in the application form. The applicant may accompany his / here firearms(s)
during the ballistics test. Slugs and shells used in the ballistics test shall
be placed in appropriate envelopes duly marked and forwarded to FED, CSG.
e.
After the ballistics test and the stencil have been conducted, the applicant
shall file with the concerned Head of Office his duly accomplished application
form including: ballistics certificate, stencil, firearm bond and the Special
Bank Receipt (SBR). The Head of Office shall coordinate for the availability of
bonding companies that will issue the required firearm bond to the applicants.
They shall provide the application forms, ballistics form and the Order of
Payment for distribution.
f.
All applications shall then be forwarded to Director, CSG for approval and the issuance of corresponding
firearm license. Approved firearm licenses can be claimed at FED, CSG or at
concerned CPOs, PPOs, PDOs, (NCRPO) or PROs upon notice.
SECTION
4.
LICENSING OF SURRENDERED UNLICENSED FIREARMS
Any qualified
applicant may be allowed to possess any firearm in accordance with existing
laws, rules and regulations except High-Powered Rifles, the licensing of which
shall be on case-to-case basis and upon approval by the CPNP.
SECTION
5.
SCHEDULE OF FIREARMS LICENSE FEES
a.
The applicant shall pay the amount of TWO
THOUSAND PESOS (P 2,000.00) for the licensing of the following unlicensed
firearms:
1) Rifle
Caliber 22
2) Shotgun
(all gauges)
3) All
handguns (Pistols/Revolvers) Cal. 22 to Cal. 357)
4) Paltik
Firearms
5) All other
low-powered firearms
b.
The applicant shall pay the amount of THREE
THOUSAND PESOS (P 3,000.00)
for the
licensing of all High-Powered firearms and all other firearms not mentioned in
Section 5a.
c.
Fees shall be paid by the applicant to the Land
Bank after the issuance of the Order of Payment.
SECTION
6.
REPORTS
a.
Station Commanders / Chiefs of Police, City Directors, Provincial Directors and
District Directors shall submit their report to their respective Police
Regional Directors. The Police Regional Directors shall submit their
consolidated monthly report to the C, PNP (Attn:
C, FED, CSG) NLT the 10th day of the succeeding month.
b. Chief, FED shall submit a consolidated
monthly report to the C, PNP.
SECTION
7.
REPEALING CLAUSE
All orders,
issuances and rules and regulations or parts thereof inconsistent with this
Implementing Rules and Regulations (IRR) are hereby repealed.
SECTION
8.
EFFECTIVITY
This
Implementing Rules and Regulations is effective immediately.
(Signed)
HERMOGENES E. EBDANE JR
Police
Director General
Chief,
PNP
AMENDMENT
TO THE RULES AND REGULATIONS IMPLEMENTING PRESIDENTIAL DECREE NUMBER 1866 DTD
29 JUNE 1983 CODIFYING THE LAWS ON ILLEGAUUNLAWFUL POSSESSION, MANUFACTURE,
DEALING IN, ACQUISITION OR DISPOSITION OF FIREARMS, AMMUNITION OR EXPLOSIVES
AND IMPOSING STIFFER PENALTIES FOR CERTAIN VIOLATIONS THEREOF AND RELEVANT
PURPOSES.
The Rules and
Regulations Implementing Presidential Decree Number 1866 dated 29 June 193 are
hereby further amended as indicated hereunder:
Additional
paragraphs denominated as "d", "e", of', "g" and
"h" shall be added to Section 4, and shall read as follows:
"d.
Agents and key personnel of the Economic Intelligence and Investigation Bureau;
"e.
Agents and key personnel of the Bureau of Immigration and Deportation;
"f.
Members of the Manila International Airport Authority Police Force;
"g.
Members of the Mactan-Cebu International Airport Authority Police Force; and
"h.
Agents and key personnel of the Law Enforcement Services of the Land
Transportation Office (LTO)."
Section 5
"b" and "d" shall be corrected as indicated hereunder and
additional paragraphs denominated as Section 5 "e", or,
"g", "h", "I", "j", "k" and
"I" shall be added, and shall read as follows:
"b. For
members of the Philippine National Police (PNP):
"(1) The
Director General, PNP;
"(2)
Deputy General, PNP;
"(3)
Regional DirectorslDirector, Metropolitan Police Force;
"(4)
Commanding OFFICERS, PNP Separate Units/Offices and Officers holding equivalent
Commands;
"(5)
Provincial Directors, PNP and District Superintendents;
"(7)
Commanding Officer, PNP Field Forces; and "(8) Station/Sub-Station
Commanders."
"d. For
agents of the National Intelligence and Coordinating Authority (NICA):
"The
Director General, NICA"
"e. For
agents and key personnel of the Economic Intelligence and Investigation Bureau
(Ell B):
"(1) The
Commissioner;
"(2) The
Deputy Commissioner; and
"(3) The
Assistant Commissioner/Regional Directors."
"f. For
agents and key personnel of the Bureau of Immigration and Deportation:
"The Commissioner"
"g. For
the Bureau of Customs Police
"(1) The
Commissioner; and "(2) The Deputy Commissioner for Intelligence and
Enforcement Group."
"h. For
Export Processing Zone Authority Police Force:
"( 1)
EPZA Administrator; and
"(2) The
Department Manager."
"j, For
Philippine Ports Authority Police Force:
"The
Superintendent"
"j. For
Manila International Airport Authority Police Force:
"The
General Manager"
"k. For
Mactan-Cebu International Airport Authority Police Force:
"The
General Manager"
"I. For
Law Enforcement Services of Land Transportation Office (L TO):
"The
Assistant Secretary"
Section 6
"g" and "I" shall be corrected to read as follows:
"g.
Members of the Bureau of Customs Police, Philippine Ports Authority Police
Force, Export Processing Zone Authority Police Force, agents and key personnel
of the Economic Intelligence and Investigation Bureau, agents and key personnel
of the Bureau of Immigration and Deportation and members of the Manila
International Airport Authority Police Force, Mactan-Cebu International Airport
Authority Police Force and Law Enforcement Services of land Transportation
Office (L TO) who are not authorized to carry their issued firearms except
while on duty with the customs, port or zone areas of their operation only.
After their tour of duty, the firearms should be returned to the property
custodian for safekeeping in the depository. In case of missions outside of
their official stations, they may be allowed to carry their duly issued
firearms provided they are covered by Mission Order in consonance with Section
5 hereof. The Mission Order shall state the period and place covered."
"j, For
Civilian Armed Forces Geographical Units (CAFGU):
"(1)
CAFGU members are not allowed to travel with firearms individually and are not
allowed to operate outside of its operational area without prior
authority/clearance from the military commander-in-charge.
"(2)
CAFGU members are not allowed to bring their issued firearms to their residence
except as specifically authorized by the military Commander-in-Charge on a
case-to-case basis when justified by the exigencies of the service.
"(3) A
secured depository of firearms should be maintained at the lowest level of
CAFGU
organization.
"(4)
Appropriate information/coordination shall be made with the nearest PNP units
for the purpose of identification and to preclude incidents of violence between
CAFGU and military forces in instances where apprehensions or arrest of CAFGU
in the province is to be effected."
Done this 3rd
day of November 1993 at General Headquarters, Philippine National Police, Camp
Crame, Quezon City.
(Sgd) UMBERTO
A RODRIGUEZ
Police
Director General
Chief,
PNP
AMENDMENT
TO THE RULES AND REGULATIONS IMPLEMENTING PD 1866
The Rules and
Regulations Implementing Presidential Decree No. 1866 dated 29 June 1983 are
hereby amended as follows:
"Additional
paragraphs denominated as "a-1" shall be added to Section 6a, and
shall read as follows:
"a-1.
Mission Order. - A mission order involving the carrying of firearms issued
pursuant to Section 5 hereof, shall, as a general rule, cover places/areas only
within the area of responsibility of the issuing authority. However, in certain
instances when demanded by the nature and exigency of the mission, the mission
may cover places not within the area of responsibility of the issuing
authority. In such instances the Chief of the MONO Office/NBI Director or the
Commander of the AFP, INP and CHDF Commands/Units/Stations issuing the mission
order shall notify/coordinate with the highest PC or military commander in the
area where the mission is to be accomplished. Where the exigency of the mission
or the time element is crucial to the successful accomplishment of the mission,
notification/coordination shall be made immediately thereafter as soon as
practicable."
"The
bearer of the Mission Order shall sign an undertaking immediately below the
signature of the issuing authority to the effect that he (MO holder) is
certifying that he has read and fully understood the contents of his/her
mission order and binds himself/herself to strictly abide by and comply with
the instructions contained therein."
"No
Mission Order shall be issued to any civilian agent authorizing the same to
carry firearms outside residence unless he/she is included in the regular
plantilla of the government agency involved in law enforcement and is receiving
regular compensation for the services he/she is rendering in the agency.
Further, the civilian agent must be included in a specific law enforcement/police/intelligence
project proposal or special project which specifically requires the use of
firearm(s) to insure its accomplishment and that the project is duly approved
at the PC Regional Command level or its equivalent level in other major
services of the AFP, INP and NBI, or at higher level of command.:
In Section 5a
(5), the words "unified commands" shall be inserted immediately after
the comma (,) of "AFPWSSUs".
"(5)
Commanders and Chiefs of Staff of AFPWSSUs, unified commands and major
commands/units of the AFP and the Major Services."
FOR INQUIRIES AND OTHER DETAILS,
CONTACT:
P/Supt
Robert G. Po
Chief, Operations Branch, FED
(02) 723 3488 or (02) 723 0401 to 0420
loc. 3488