Title
Strict enforcement of firecracker laws
Law
Memorandum Order No. 31
Decision Date
Oct 29, 2018
A memorandum order is issued to the Philippine National Police and other concerned agencies to enforce existing laws on the sale and use of firecrackers and pyrotechnic devices, ensuring public safety and national security.

Questions (MEMORANDUM ORDER NO. 31)

It is anchored on Republic Act (RA) No. 7183, which regulates the manufacture, sale, distribution, and use of firecrackers and pyrotechnic devices, and on Executive Order (EO) No. 28 (s. 2017) which provides additional regulation and control of their use.

The PNP is primarily responsible for the administration and enforcement of RA No. 7183, including processing applications for permits/licenses and promulgating rules to regulate and control firecrackers and pyrotechnic devices.

RA No. 7183 contains illustrative lists of what comprises allowable firecrackers and pyrotechnic devices and provides for their regulation and control in furtherance of public safety, order, and national security.

Local chief executives may promulgate rules and regulations on firecrackers within their territorial jurisdiction, provided these are in conformity with national standards, rules, and regulations.

Other concerned agencies and the local government units (LGUs) are directed to coordinate and support enforcement, and all other government departments, agencies, and government-owned or -controlled corporations must provide required assistance.

To ensure manufacturers, distributors, retailers, and users comply with safety guidelines, reportorial requirements, and other requisites under RA No. 7183, its IRR, and EO No. 28.

Per Item No. 2, they must be confiscated and destroyed as provided by law, rules, and regulations, including firecrackers used outside community fireworks displays in violation of EO No. 28.

Their licenses and permits must be cancelled/revoked, and their inventory or stock must be confiscated.

The Memorandum Order strictly enforces the prohibition on selling firecrackers/pyrotechnic devices to anyone under 18 years of age, requiring suspected buyers to show proof of age.

Strict enforcement of the prohibition on importing finished firecrackers and fireworks under Section 6 of RA No. 7183.

It suspends the processing of new licenses and permits for manufacture, sale, and distribution pending review of existing licensees’ and permittees’ compliance.

No. Permits necessary for operations (e.g., permit to purchase/import ingredients, permit to transport) may continue to be issued unless the entities are found to have violated relevant laws and issuances.

The suspension remains in effect until lifted by the Office of the President upon recommendation of the PNP Chief, who must submit a report on the review undertaken on existing licenses and permits.

Because the Department of Health reported that the Piccolo (a type of prohibited firecracker) is the top cause of firecracker-related injuries, highlighting the public safety risk.

It requires inspections, allows cancellation/revocation of permits, mandates confiscation/destroying of prohibited items, enforces age-sale restrictions, strictly bars prohibited imports, and imposes a temporary halt on new licenses pending compliance review of existing permit-holders.


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