PROVIDING FOR THE DISPOSITION OF CASES INVOLVING SIMPLE ILLEGAL POSSESSION OF FIREARM, AMMUNITION, OR EXPLOSIVE, THE SURRENDER OF SUCH CONTRABAND UNDER CERTAIN GUARANTEES AND CONDITIONS, AND FOR OTHER PURPOSES.

• Number: Presidential Decree No. 1745
• Sections: 12

Preamble

WHEREAS, numerous cases of simple illegal possession of

firearm, ammunition or explosive either are under investigation, or have been

filed in court, or have resulted in conviction and sentence;

WHEREAS, reports from the law enforcement agencies further

reveal that there are still a big number of loose or unlicensed firearms,

ammunition or explosives in the possession of individuals a majority of whom,

not having used such contraband for the commission of any other offense or

offenses, may be desirous of surrendering the same but are prevented from doing

so for fear of being punished in accordance with current laws;

WHEREAS, in order to give the aforementioned holders of

loose or unlicensed firearms, ammunition or explosives the opportunity to

dispose of the same without incurring criminal liability, it is necessary to

adopt a liberal scheme for the purpose;

NOW, THEREFORE, 1, FERDINAND E. MARCOS, President of the

Philippines, by virtue of the powers vested in me by the Constitution, do hereby

order and decree the following:

Section 1 Grant of Amnesty.

SECTION 1. Grant of Amnesty.— Amnesty is hereby

decreed in favor of any person who, on or before the date of effectivity of this

Decree, has been under arrest and/or investigation for, charged with, or

convicted of, simple illegal possession of firearm, ammunition, or explosive,

provided that he shall apply therefor in writing to the proper authorities

within three (3) months from such date of effectivity. For purposes of this

Decree, illegal possession of firearm, ammunition or explosive shall be deemed

simple if no other, offense is committed with the use of such firearm,

ammunition or explosive.

Section 2 Persons Disqualified from Amnesty.

SEC. 2. Persons Disqualified from Amnesty. —The

following are disqualified from amnesty under this Decree:

a. Promoters, maintainers, heads or members of rebellious, seditious or

subversive organizations or associations;

b. Those who have been arrested,

charged with and/or convicted of illegal possession of firearm, ammunition or

explosive, with resultant offense or offenses.

Section 3 Surrender of Firearms, Ammunition, Explosives.

SEC. 3. Surrender of Firearms, Ammunition,

Explosives.— All laws, rules and regulations to the contrary

notwithstanding, any person not otherwise disqualified under Section 2a hereof,

who possesses any firearm, ammunition or explosive without any license or permit

as prescribed by law may, without incurring any criminal liability therefor,

surrender the same to the proper authorities within a period of three (3) months

from the date of effectivity of this Decree: Provided, however, That the

foregoing provision shall not be construed as barring the prosecution of any

person for illegal possession of firearms, ammunition, or explosives, as the

case may be, in violation of current laws, if he, within the above-mentioned

period of three (3) months:

a. Carries outside of his residence, any loose or unlicensed firearm,

ammunition or explosive, unless this be for the purpose of surrendering the same

as evidenced by a written authorization to transport the same for that

particular purpose priorly secured by him from the proper authorities;

b.

Commits any other offense with the use of such loose or unlicensed

firearm.

Section 4 Licensing of Surrendered Firearms.

SEC. 4. Licensing of Surrendered Firearms.—The

holder or possessor of the firearm surrendered in accordance with this Decree

may apply to possess the same under license provided that he is qualified to

possess the said firearm in accordance with existing laws, rules and

regulations.

Section 5 Compensation for Surrendered Firearms.

SEC. 5. Compensation for Surrendered Firearms.—A

firearm which cannot be possessed under license by the person who surrendered it

may be sold to and licensed in the name of qualified individuals, firms, or

corporations who/which shall pay the corresponding price of such firearm. The

payment shall accrue in favor of the person who surrendered the firearm.

Section 6 Amnesty Commissions.

SEC. 6. Amnesty Commissions.— As many Amnesty

Commissions as are necessary to evaluate applications for amnesty under this

Decree shall be created by the Minister of National Defense, to be composed of a

representative from the Philippine Constabulary, as chairman, and

representatives of the Ministry of Justice and the Office of the Judge Advocate

General, Armed Forces of the Philippines, as members.

Section 7 Powers and Functions of the Amnesty Commissions.

SEC. 7. Powers and Functions of the Amnesty

Commissions.—The Amnesty Commissions shall have the power to administer

oath, issue subpoena and subpoena duces tecum, examine the facts and

circumstances surrounding each case, conduct summary hearings of witnesses, if

necessary, as basis for their recommendation to the President, thru the Minister

of National Defense, to deny or grant the amnesty applied for.

Section 8 Travelling Expenses and Allowances.

SEC. 8. Travelling Expenses and Allowances.—The

Chairmen and members of the Amnesty Commissions created pursuant to this Decree,

when travelling in the performance of their duties for purposes hereof, shall be

entitled to payment of travelling expenses in accordance with existing laws,

rules and regulations, and a flat allowance of one hundred pesos a day.

Section 9 Appropriation.

SEC. 9. Appropriation.—The amount of One Million

Pesos (P1,000,000.00) is hereby appropriated out of any funds of the National

Treasury not otherwise appropriated to carry into effect the provisions of this

Decree.

Section 10 Rules and Regulations.

SEC. 10. Rules and Regulations.—The Minister of

National Defense shall promulgate such rules and regulations as may be necessary

for the effective implements tion of this Decree.

Section 11 Effectively.

SEC. 11. Effectively.—

This Decree shall take effect immediately. (See PD No. 1747 amending this

section.

Done in the City of Manila, Philippines, this 20th day of November, in the

year of Our Lord, nineteen hundred and eighty.

(Sgd.) FERDINAND E. MARCOS

President of the

Philippines

By the President:

(Sgd.) JOAQUIN T. VENUS, JR.

Presidential Assistant