Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 1745)
The main purpose of Presidential Decree No. 1745 is to provide for the disposition of cases involving simple illegal possession of firearm, ammunition, or explosive, to allow the surrender of such contraband without incurring criminal liability under certain conditions, and to provide amnesty for qualifying individuals.
Simple illegal possession is deemed when a person possesses a firearm, ammunition, or explosive illegally but does not commit any other offense with the use of such contraband.
Any person who, on or before the date of effectivity of the Decree, has been under arrest and/or investigation for, charged with, or convicted of simple illegal possession of firearm, ammunition, or explosive, provided they apply in writing within three months from the date of effectivity.
Those disqualified include promoters, maintainers, heads or members of rebellious, seditious, or subversive organizations, and those arrested, charged with, or convicted of illegal possession with a resultant offense or offenses.
Any person not disqualified under Section 2 who surrenders the contraband within three months from the effectivity of the Decree can do so without criminal liability. However, carrying the contraband outside the residence without written authorization or using the contraband to commit another offense removes this immunity.
Yes, surrendered firearms can be licensed to the holder or possessor if they qualify under existing laws, rules, and regulations.
The firearm may be sold and licensed in the name of a qualified individual, firm, or corporation, with the payment accruing to the person who surrendered it.
Amnesty Commissions evaluate applications for amnesty, administer oaths, issue subpoenas, examine facts, conduct summary hearings, and recommend to the President to deny or grant amnesty.
Each Amnesty Commission is composed of a representative from the Philippine Constabulary as chairman, and representatives from the Ministry of Justice and the Office of the Judge Advocate General, Armed Forces of the Philippines as members.
The person may be prosecuted for illegal possession of firearms, ammunition, or explosives under current laws as they violate the conditions of the amnesty.
Three (3) months from the date of effectivity of the Decree.
One Million Pesos (P1,000,000.00) was appropriated from the National Treasury for its implementation.
The Minister of National Defense has the authority to promulgate necessary rules and regulations for effective implementation.