PROVIDING FOR THE DISPOSITION OF CASES INVOLVING SIMPLE ILLEGAL POSSESSION OF FIREARM, AMMUNITION, OR EXPLOSIVE, THE SURRENDER OF SUCH CONTRABAND UNDER CERTAIN GUARANTEES AND CO…

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.— 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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