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Practice Exams

Module 5.3: Republic Act No. 10591 - Comprehensive Firearms and Ammunition Regulation Act

This module covers one of the most frequently tested special penal laws in the Criminology Licensure Examination. R.A. 10591, which took effect on July 6, 2013, repealed Presidential Decree No. 1866 and is now the primary law governing firearms and ammunition in the Philippines.

1. Learning Objectives

Upon completion of this module, the student should be able to:

  • Understand the definition and classification of firearms under R.A. 10591.
  • Enumerate the requirements for legal possession of firearms.
  • Identify the various offenses and their corresponding penalties under the law.
  • Distinguish between firearms suitable for sports and those not suitable for sports.
  • Apply the provisions of the law in practical scenarios involving firearms violations.

2. Declaration of Policy (Section 2)

The State recognizes the right of its qualified citizens to self-defense through, when it is the reasonable means to repel the unlawful aggression under the circumstances, the use of firearms. However, the State also recognizes the need to regulate firearms and ammunition to ensure public safety and prevent their misuse.

Sa madaling salita, may KARAPATAN ang mga Pilipino na magmay-ari ng baril para sa self-defense, pero may CONDITIONS at REGULATIONS para sa public safety. Hindi pwedeng basta-basta na lang magdala ng baril.

3. Definition of Terms (Section 3)

A. FIREARM

Any handheld or portable weapon, whether a small arm or light weapon, that expels or is designed to expel a bullet, shot, slug, missile or any projectile, which is discharged by means of expansive force of gases from burning gunpowder or other form of combustion or any similar instrument or implement.

Classifications:

  1. Small Arms - firearms intended to be fired with one or both hands (e.g., pistols, revolvers, rifles, shotguns).
  2. Light Weapons - firearms designed for use by two or more persons serving as a crew (e.g., machine guns, mounted grenade launchers).

Basta mag-eexpel ng bala gamit ang gunpowder, FIREARM yun. Maliit man o malaki.

B. AMMUNITION

A complete unfired unit consisting of a bullet, cartridge case, gunpowder/propellant, and primer, or loaded shell for use in any firearm.

Ito yung "bala" na inilalagay sa baril. Kailangan complete - may bullet, casing, gunpowder, at primer.

C. QUALIFIED CITIZEN

A natural-born Filipino citizen at least twenty-one (21) years old who has gainful work, business or occupation, or if unemployed, has maintained a fixed abode for at least one year in the locality where he applies for license.

Kailangan: (1) Natural-born Filipino, (2) 21 years old pataas, (3) May trabaho/negosyo O kung walang trabaho, nakatira sa isang lugar ng at least 1 taon.

D. LICENSE TO OWN AND POSSESS FIREARM (LTOPF)

A license issued by the Chief of the PNP to qualified citizens, authorizing them to own and possess a firearm.

E. PERMIT TO CARRY FIREARM OUTSIDE RESIDENCE (PTCFOR)

A permit issued by the Chief of the PNP authorizing a qualified citizen with a registered firearm to carry it outside of residence.

Dalawang permit ang kailangan: (1) LICENSE to own/possess (para sa bahay mo), at (2) PERMIT to carry outside (para sa labas ng bahay). Hindi pwedeng license lang!

4. Classification of Firearms (Section 3)

A. FIREARMS SUITABLE FOR SPORTS PURPOSES

  • Caliber .22 to .38 rimfire/centerfire revolvers and pistols
  • Caliber .22 to 7.62mm rifles and muskets
  • 12 gauge or smaller shotguns
  • Muzzle-loading firearms

Ito yung mga "regular" na baril na pwede sa sports shooting at self-defense. Lesser penalties kapag involved sa illegal possession.

B. FIREARMS NOT SUITABLE FOR SPORTS PURPOSES

All other firearms (i.e., those not enumerated above), including but not limited to:

  • High-powered rifles and pistols (caliber higher than .38)
  • Military weapons (e.g., M16, AK47, M14, Garand rifles)
  • Fully automatic firearms
  • Machine guns and submachine guns

Ito yung mga "high-powered" at military-grade firearms. Heavier penalties kapag illegal ang possession.

📌 Board Exam Tip: Memorize the caliber limits - Caliber .38 and below for suitable; above .38 for not suitable!

5. Licensing Requirements (Sections 8-9)

A. Who May Own and Possess Firearms

Only qualified citizens who have been issued a License to Own and Possess Firearms (LTOPF).

B. Requirements for LTOPF

  1. Must be a qualified citizen
  2. Must file an application with the Firearms and Explosives Office (FEO) of the PNP
  3. Payment of fees
  4. Must pass the following:
    • Neuro-psychiatric examination (to determine mental and emotional stability)
    • Drug test (to ensure applicant is drug-free)
    • Firearm safety training seminar

Para makakuha ng license: (1) May edad ka (21+), (2) May trabaho/bahay, (3) Hindi ka baliw (neuro-psych exam), (4) Walang gamit na droga (drug test), at (5) Alam mo paano mag-handle ng baril (safety seminar).

C. Permit to Carry Outside Residence (PTCFOR)

Even with an LTOPF, you need a separate PTCFOR to carry your firearm outside your residence. This permit requires justification (e.g., nature of employment, threats to life).

Exceptions Who May Carry Without PTCFOR:

  • Law enforcement officers in active service
  • Armed Forces personnel in active service
  • Members of armed security agencies while on duty
  • Government officials authorized by law

Kahit may lisensya ka na, kailangan pa ng special permit para magdala sa labas. Exception lang ang mga pulis, sundalo, at security guards na on duty.

6. Offenses and Penalties

A. UNLAWFUL ACQUISITION, POSSESSION OF FIREARMS (Section 28)

For Firearms NOT Suitable for Sports:

  • Penalty: Prision mayor in its medium period (8 yrs 1 day to 10 yrs) to Reclusion perpetua (20 yrs 1 day to 40 yrs)
  • Depende sa dami ng baril at circumstances

For Firearms Suitable for Sports:

  • Penalty: Prision correccional in its maximum period (4 yrs 2 mos 1 day to 6 yrs) to Prision mayor in its medium period (8 yrs 1 day to 10 yrs)

Aggravating Circumstances (Heavier Penalty): If possession is coupled with:

  • Commission of another crime (e.g., murder, robbery)
  • Possession by a prohibited person (e.g., drug user, convicted felon)
  • Possession of two (2) or more firearms

Kapag nahuli kang may baril na walang license, malaki ang penalty. Mas mabigat pa kung high-powered firearms, o kung may kasama kang ibang krimen, o kung convicted criminal ka.

📌 Board Exam Tip: Illegal possession is MALA PROHIBITA - good faith is NOT a defense. Kahit sabihin mo "hindi ko alam na bawal," liable ka pa rin!

B. UNLAWFUL MANUFACTURE, IMPORTATION, SALE (Section 29)

Offense: Manufacturing, assembling, importing, selling, or distributing firearms or ammunition without proper license or authority.

Penalty:

  • For firearms NOT suitable for sports: Reclusion temporal to Reclusion perpetua (12 yrs 1 day to 40 yrs)
  • For firearms suitable for sports: Prision mayor to Reclusion temporal (6 yrs 1 day to 20 yrs)

Mas mabigat ang penalty dito kumpara sa simple possession, kasi ikaw ay NAGBEBENTA o GUMAGAWA ng baril illegally.

C. ILLEGAL POSSESSION OF AMMUNITION (Section 32)

Penalty:

  • Prision mayor in its minimum period (6 yrs 1 day to 8 yrs) if the person is not licensed to possess a firearm
  • If the ammunition is for firearms not suitable for sports: Heavier penalty applies

Kahit bala lang, kapag wala kang license, may kaso ka na!

D. USE OF LOOSE FIREARM IN COMMISSION OF CRIME (Section 29)

If an unlicensed firearm is used in the commission of a crime, the penalty for illegal possession is imposed as an additional penalty, irrespective of the other crime committed.

Example:

  • Pedro kills Juan using an unlicensed .45 caliber pistol.
  • Pedro is liable for:
    1. Murder (or Homicide, depending on circumstances)
    2. PLUS Illegal Possession of Firearms as a separate offense

Dalawang kaso ang haharapin mo: yung krimen mismo (murder/robbery) PLUS yung illegal possession. Parang "bonus penalty."

📌 Board Exam Tip: Under R.A. 10591, illegal possession is a SEPARATE and DISTINCT crime, unlike under the old law (P.D. 1866) where it was merely an aggravating circumstance.

E. PLANTING OF FIREARMS (Section 35)

Definition: Any person who plants evidence of firearms, ammunition, or explosives and similar devices upon another person in order to implicate the latter for violation of this Act.

Penalty: Same penalty as illegal possession under Section 28

Ito yung classic "lagay" o "sablay" ng baril. Kapag napatunayang nag-plant ka ng ebidensya, same penalty ang aabutin mo.

F. FAILURE TO NOTIFY LOST OR STOLEN FIREARM (Section 33)

Any registered firearm owner who fails to report the loss or theft of a registered firearm within thirty (30) days from discovery is liable.

Penalty: Prision correccional in its minimum and medium periods (6 months 1 day to 4 yrs 2 mos)

Kapag nawala o ninakaw ang baril mo, kailangan mag-report ka within 30 days, o else may kaso ka.

7. Exemptions from Licensing

A. Persons EXEMPTED from securing an LTOPF:

  1. Law enforcement agencies and their officers (e.g., PNP, NBI, PDEA)
  2. Armed Forces of the Philippines (AFP) personnel
  3. Firearms instructors and dealers duly licensed by the PNP
  4. Gunsmiths duly licensed by the PNP
  5. Juridical persons (corporations, museums, educational institutions) for purposes authorized by law

Ang mga pulis, sundalo, at mga may authority lang ang exempt sa licensing requirements.

8. Prohibited Persons (Section 32)

The following persons are PROHIBITED from owning or possessing any firearm or ammunition:

  1. Persons convicted by final judgment of a crime involving violence or crimes against public order
  2. Fugitives from justice
  3. Persons under indictment for a crime punishable by more than 6 years
  4. Drug users or dependents (per drug test)
  5. Persons suffering from mental disability
  6. Persons dishonorably discharged from military or police service
  7. Persons under 21 years old (except for minors who are members of shooting clubs)

Kapag convicted criminal, drug user, o may mental problem ka, BAWAL kang magmay-ari ng baril.

📌 Board Exam Tip: Possession by a PROHIBITED PERSON is an AGGRAVATING circumstance - heavier penalty!

9. Important Principles and Jurisprudence

A. Corpus Delicti

For illegal possession of firearms, the corpus delicti (body of the crime) consists of:

  1. The existence of the firearm
  2. The fact that the accused who possessed or owned the firearm does not have the corresponding license or permit

Dalawang elemento lang: (1) May baril, (2) Walang license. Yun lang!

B. Nature of the Crime

Illegal possession of firearms is a continuing offense. It is committed as long as the person continues to possess the firearm without the proper license.

C. Warrantless Arrest

A person caught in flagrante delicto (in the act) carrying a firearm may be arrested without a warrant.

10. Board Exam Tips & Memorization Aids

🎯 FIREARM LICENSING - "NAPD" Requirements:

  • Neuro-psychiatric exam
  • Application with FEO
  • Payment of fees
  • Drug test + safety seminar

🎯 Suitable vs. Not Suitable:

  • SUITABLE: Caliber .38 and below (pistols/revolvers), .22 to 7.62mm (rifles), 12-gauge or smaller (shotguns)
  • NOT SUITABLE: Everything else (high-powered, military-grade)

🎯 Two Separate Permits:

  • LTOPF - License to Own and Possess (for home)
  • PTCFOR - Permit to Carry (for outside residence)
  • Isipin mo: Para kang nag-aaral magmaneho - may Student Permit ka (LTOPF), tapos kailangan mo pa ng Driver's License (PTCFOR) para makabyahe sa kalsada.

🎯 Prohibited Persons - "CFDUMM"

  • Convicted criminals (final judgment)
  • Fugitives from justice
  • Drug users/dependents
  • Under indictment (>6 yrs penalty)
  • Mentally disabled
  • Minors (<21 yrs old)

11. Quick Review Summary Table

Concept Key Points
Qualified Citizen Natural-born Filipino, 21+ years old, with gainful work or fixed abode
LTOPF License to Own and Possess Firearms (for residence)
PTCFOR Permit to Carry Firearm Outside Residence (for public carry)
Suitable Firearms Caliber .38 and below (pistols), .22-7.62mm (rifles), 12-ga or smaller (shotguns)
Not Suitable High-powered, military-grade firearms
Penalty for Illegal Possession Prision correccional to Reclusion perpetua (depending on type)
Use in Commission of Crime Illegal possession is a SEPARATE offense (additional penalty)
Nature of Crime MALA PROHIBITA - good faith is not a defense
Report Lost/Stolen Within 30 days or face Prision correccional
Prohibited Persons Convicted criminals, drug users, mentally disabled, fugitives, etc.

12. Multiple Choice Practice Questions

Instructions: Choose the best answer for each question.

  1. Under R.A. 10591, what is the minimum age for a person to be considered a qualified citizen eligible to apply for a firearms license? A) 18 years old B) 21 years old C) 25 years old D) 30 years old

  2. Which of the following is NOT a requirement for obtaining a License to Own and Possess Firearms (LTOPF)? A) Neuro-psychiatric examination B) Drug test C) Firearm safety training seminar D) Proof of completion of military service

  3. A caliber .45 pistol is classified as a firearm: A) Suitable for sports purposes B) Not suitable for sports purposes C) Exempt from regulation D) Prohibited firearm

  4. Pedro has a valid LTOPF for his caliber .38 revolver. He carries it in his car while going to work. Is he violating the law? A) No, because he has a valid LTOPF. B) No, because the firearm is suitable for sports. C) Yes, because he needs a PTCFOR to carry outside his residence. D) Yes, because caliber .38 is not suitable for sports.

  5. What is the penalty for illegal possession of a firearm NOT suitable for sports purposes? A) Arresto mayor B) Prision correccional C) Prision mayor in its medium period to Reclusion perpetua D) Death penalty

  6. Under R.A. 10591, if an unlicensed firearm is used in the commission of murder, the illegal possession: A) Is merely an aggravating circumstance B) Is absorbed in the crime of murder C) Is a separate and distinct offense imposing an additional penalty D) Is not punishable if the murder is proven

  7. Which of the following persons is PROHIBITED from owning a firearm? A) A 25-year-old natural-born Filipino with a stable job B) A 30-year-old who was convicted of homicide C) A 40-year-old retired police officer D) A 22-year-old member of a shooting club

  8. What is the penalty for PLANTING firearms evidence on another person? A) Arresto mayor B) Same penalty as illegal possession under Section 28 C) Prision correccional only D) No penalty if the person is a law enforcer

  9. How many days does a registered firearm owner have to report a lost or stolen firearm? A) 10 days B) 15 days C) 30 days D) 60 days

  10. Which of the following is considered a firearm SUITABLE for sports purposes? A) AK-47 rifle B) Caliber .45 pistol C) Caliber .22 rifle D) M16 rifle

  11. The corpus delicti in illegal possession of firearms consists of: A) The firearm only B) The firearm and the lack of license C) The firearm and the intent to use it D) The firearm and proof of ownership

  12. Illegal possession of firearms is classified as a crime: A) Mala in se B) Mala prohibita C) Common law crime D) Political crime

  13. Which government agency is primarily responsible for issuing licenses to own and possess firearms? A) PDEA B) NBI C) PNP (specifically the FEO) D) AFP

  14. A person caught in flagrante delicto carrying an unlicensed firearm: A) Can only be arrested with a warrant B) May be arrested without a warrant C) Must be given 24 hours to secure a license D) Cannot be arrested unless he uses the firearm

  15. Which of the following is NOT an aggravating circumstance in illegal possession of firearms? A) Possession coupled with commission of another crime B) Possession by a prohibited person C) Possession of two or more firearms D) Possession of firearms suitable for sports

  16. The penalty for illegal manufacture of firearms NOT suitable for sports is: A) Arresto mayor to Prision correccional B) Prision correccional to Prision mayor C) Prision mayor to Reclusion temporal D) Reclusion temporal to Reclusion perpetua

  17. Which of the following is EXEMPT from securing an LTOPF? A) Private security guards B) Members of the Armed Forces of the Philippines C) Businessmen who frequently carry large amounts of cash D) All Filipino citizens over 21 years old

  18. A 12-gauge shotgun is classified as: A) Not suitable for sports purposes B) Suitable for sports purposes C) A prohibited weapon D) An explosive device

  19. What is the nature of illegal possession of firearms as an offense? A) Instantaneous crime B) Continuing crime C) Transitory crime D) Special crime

  20. Under R.A. 10591, good faith in possessing an unlicensed firearm: A) Is a valid defense B) Is a mitigating circumstance C) Is NOT a defense because it is mala prohibita D) Will result in acquittal

Answer Key & Explanations

  1. B) 21 years old - Section 3(r) defines a qualified citizen as a natural-born Filipino at least 21 years old.

  2. D) Proof of completion of military service - The requirements are neuro-psychiatric exam, drug test, safety seminar, and application with payment. Military service is not required.

  3. B) Not suitable for sports purposes - Caliber .45 exceeds the caliber .38 limit for firearms suitable for sports.

  4. C) Yes, because he needs a PTCFOR to carry outside his residence - Even with an LTOPF, a separate permit is required to carry the firearm outside the residence.

  5. C) Prision mayor in its medium period to Reclusion perpetua - This is the penalty under Section 28 for firearms not suitable for sports.

  6. C) Is a separate and distinct offense imposing an additional penalty - Under R.A. 10591, illegal possession is a separate crime, unlike under the old law where it was an aggravating circumstance.

  7. B) A 30-year-old who was convicted of homicide - Persons convicted by final judgment of crimes involving violence are prohibited from owning firearms.

  8. B) Same penalty as illegal possession under Section 28 - Section 35 provides that planting of firearms carries the same penalty as illegal possession.

  9. C) 30 days - Section 33 requires reporting within 30 days from discovery of loss or theft.

  10. C) Caliber .22 rifle - Rifles from caliber .22 to 7.62mm are suitable for sports purposes.

  11. B) The firearm and the lack of license - The corpus delicti consists of the existence of the firearm and the absence of a license or permit.

  12. B) Mala prohibita - Illegal possession is wrong because it is prohibited by law. Criminal intent is not an element, and good faith is not a defense.

  13. C) PNP (specifically the FEO) - The Firearms and Explosives Office of the Philippine National Police issues firearms licenses.

  14. B) May be arrested without a warrant - This is a valid warrantless arrest under the in flagrante delicto rule.

  15. D) Possession of firearms suitable for sports - This is not an aggravating circumstance; rather, it results in a lesser penalty. The aggravating circumstances are listed in Section 28.

  16. D) Reclusion temporal to Reclusion perpetua - Section 29 provides this penalty for illegal manufacture of firearms not suitable for sports.

  17. B) Members of the Armed Forces of the Philippines - Law enforcement and military personnel are exempt from licensing requirements.

  18. B) Suitable for sports purposes - Shotguns of 12-gauge or smaller are classified as suitable for sports.

  19. B) Continuing crime - Illegal possession continues as long as the person possesses the firearm without a license.

  20. C) Is NOT a defense because it is mala prohibita - In crimes mala prohibita, the act itself is punished regardless of the offender's intent or good faith.

End of Module 5.3