Legal basis and policy intent
- The order is grounded on the regulatory framework in Republic Act No. 7183, which regulates and controls the manufacture, sale, distribution and use of firecrackers and pyrotechnic devices for public safety, order and national security.
- The order relies on Republic Act No. 7183 provisions authorizing the PNP to process license/permit applications and to promulgate rules necessary for regulation and control, including review of gun powder and raw material content.
- The order is supported by authority granted to local chief executives to issue rules and regulations within their territorial jurisdiction consistent with national standards.
- The order is further linked to Executive Order No. 28 (s. 2017), which provides for regulation and control of the use of firecrackers and pyrotechnic devices.
- The order cites a public-safety rationale based on a Department of Health report identifying the Piccolo as the top cause of firecracker-related injuries.
Enforcement coordination and inspection duties
- The PNP, acting in coordination with other concerned agencies and local government units, must conduct inspections to ensure compliance by manufacturers, distributors, retailers, and users.
- Inspections must verify compliance with safety guidelines, reportorial requirements, and other requisites under existing laws, rules and regulations, expressly including Republic Act No. 7183, its Implementing Rules and Regulations, and Executive Order No. 28.
- Inspections must be directed at the regulated supply chain and end users, covering manufacture, distribution, retail, and use activities.
Confiscation, destruction, and disposal actions
- The PNP must confiscate and destroy prohibited firecrackers and pyrotechnic devices as provided by law, rules and regulations.
- The PNP must likewise confiscate and destroy firecrackers used outside community fireworks displays when such use violates Executive Order No. 28.
License and permit cancellation powers
- The PNP must cancel/revoke licenses and permits and must confiscate inventory or stock of those found violating existing laws, rules, and regulations.
- Enforcement actions under this provision apply to regulated parties after an inspection or enforcement finding of violation.
Age restriction and proof-of-age requirement
- The PNP must strictly enforce the prohibition on the sale of firecrackers and pyrotechnic devices to anyone under 18 years of age.
- Any buyer suspected to be below 18 years of age who claims otherwise must be required to show proof of age.
- Enforcement must therefore include age-verification handling for sales transactions where age is in question.
Importation prohibition enforcement
- The PNP must strictly enforce the prohibition on importing finished firecrackers and fireworks under Section 6 of Republic Act No. 7183.
- Enforcement must focus specifically on imports of finished products rather than the general manufacture or local distribution framework.
Suspension of processing new licenses and permits
- The order requires the PNP to suspend the processing of new licenses and permits for the manufacture, sale, and distribution of firecrackers and pyrotechnic devices.
- The suspension must remain pending review of existing licensees’ and permittees’ compliance with laws, rules, and regulations.
- The suspension allows issuance of other permits necessary for operations of existing licensees and permittees—such as a permit to purchase/import ingredients and a permit to transport—unless the entity is found to have violated the relevant laws and issuances.
- The suspension must remain in effect until lifted by the Office of the President upon recommendation of the PNP Chief and the PNP Chief’s submission of a report on the review undertaken.
Government support obligations
- All other departments, agencies, and instrumentalities of the government, including government-owned or -controlled corporations, must provide the support and assistance required to implement the order.
- The directed support must enable the enforcement actions, inspections, and compliance review measures mandated by the order.
Form of instruction and compliance expectation
- The order directs “strict compliance” by the agencies and entities involved in enforcement and implementation.
- It is signed in Manila and bears the signature of Rodrigo Roa Duterte, with Salvador C. Medialdea signing as Executive Secretary.