QuestionsQuestions (EXECUTIVE ORDER NO. 712)
EO 712 relies on Section 877 of the Revised Administrative Code (as amended) and on the President’s constitutional powers and authority under the Revised Administrative Code to regulate the manufacture, sale, and possession of air rifles/pistols.
Section 877 includes air rifles in the definition of firearms, except air rifles of small caliber and limited range that are used as toys.
EO 712 aims to regulate air rifles/pistols that could cause death or permanent maiming and be used by criminals, to prevent a grave menace to society and to maintain peace and order.
The Chief, Philippine Constabulary is tasked to prescribe the criteria under Section 1.
The criteria determine whether a particular air rifle/pistol falls within the legal treatment of “firearms” (subject to licensing) or within the “toy” exception.
The licensing requirements for the manufacture, sale, and/or possession, and/or dealership in firearms under the Revised Administrative Code apply (Section 2).
Licensing requirements apply to manufacture, sale, possession, and dealership (Section 2), following the Revised Administrative Code.
The Chief, Philippine Constabulary (Section 3).
It means the Chief, Philippine Constabulary has authority to grant or deny applications (as the final decision-maker) for manufacture, sale, possession, or dealing, based on the criteria.
The Chief, Philippine Constabulary must prescribe the implementing rules, subject to the approval of the Minister of National Defense (Section 4).
It delegates key details: the criteria (Section 1) and implementing rules/regulations (Section 4) are to be prescribed by the Chief, Philippine Constabulary, with specified approvals.
Section 5 provides that provisions of any Executive Order inconsistent with EO 712 are repealed or amended accordingly.
It took effect immediately (Section 6).
If they qualify as toys under the criteria to be prescribed, they would not be treated as firearms for purposes of licensing under EO 712.
EO 712 states that certain types of air rifles/pistols could cause death or permanent maiming and serve as convenient tools of criminals.
Ferdinand E. Marcos signed it as President of the Philippines; Juan C. Tuvera signed “By the President” as Presidential Executive Assistant.
If it meets the criteria so that it is considered a firearm, then licensing requirements for firearms under the Revised Administrative Code apply, and applications are decided by the Chief, Philippine Constabulary.