Title
Supreme Court
Regulation on Firecrackers and Pyrotechnics
Law
Republic Act No. 7183
Decision Date
Jan 30, 1992
The Firecracker Regulation Act in the Philippines regulates the manufacture, sale, distribution, and use of firecrackers and pyrotechnic devices to ensure public safety and preserve cultural traditions, allowing certain types of firecrackers and pyrotechnic devices while prohibiting others, and imposing penalties for violations.

Law Summary

Types of Permissible Firecrackers and Pyrotechnic Devices

  • Enumerates specific types allowed for manufacture, sale, distribution, and use.
  • Firecrackers include baby rocket, bawang, small triangulo, pulling of strings, paper caps, el diablo, watusi, Judah's belt, sky rocket (kwitis), and equivalent types.
  • Pyrotechnic devices include sparklers, luces, fountain, jumbo regular and special, mabuhay, roman candle, trompillo, airwolf, whistle devices, butterfly, all kinds of pyrotechnic devices (pailaw), and their equivalents.

Prohibited Firecrackers and Pyrotechnic Devices

  • Prohibits manufacture, sale, distribution, and use of firecrackers and pyrotechnic devices not listed in Section 2.
  • Specifically prohibits atomic big triangulo and super lolo, and equivalents with dangerous explosive content.
  • Authority to determine prohibited devices vested with the Director-General of the Philippine National Police (PNP).

Licensing and Permits

  • Requires license or permit for manufacture, sale, and distribution of allowed firecrackers and pyrotechnic devices.
  • No license or permit for prohibited types.
  • Applications filed with Chief of PNP via provincial director or Firearms and Explosives Unit (for Metro Manila).
  • Reasonable fees for issuance to cover regulatory costs.

Qualifications for Manufacturers and Dealers

  • Licenses issued only to Filipino citizens of good moral character or to entities 100% owned by Filipino citizens.
  • Entities must be registered with the Bureau of Commerce (DTI) or Securities and Exchange Commission (SEC).

Importation of Chemicals and Ingredients

  • Importation of finished firecrackers and fireworks prohibited.
  • Only licensed manufacturers can import chemicals or explosive ingredients.
  • Application for import permits filed with Chief of PNP via provincial director or Firearms and Explosives Unit (for Metro Manila).

Safety Guidelines for Manufacturing

  • Local government unit shall designate zones for manufacturing complexes.
  • Zone must be at least 300 meters away from nearest residential units.
  • Manufacturing complexes must observe specific safety measures:
    • Adequate ventilation, no concrete floors, leak-proof buildings with fire extinguishers.
    • Warehouse at least 50 meters from processing stations.
    • Minimum distance between processing stations specified (mixing, grinding, packaging, igniting, loading).

Labeling Requirements

  • Firecrackers and pyrotechnic devices must bear labels indicating manufacturer’s name and address.
  • Warning instructions must be in both Filipino and English.

Record Keeping

  • Authorized persons must keep detailed and accurate records showing quantities, types, and purposes of explosives used.

Reporting Obligations

  • Monthly submission of reports on explosives to Chief of PNP through provincial director.
  • Reports to be submitted in triplicate; provincial director retains one copy and forwards others with comments/recommendations.

Penalties for Violations

  • Fine ranging from P20,000 to P30,000.
  • Imprisonment from 6 months to 1 year, or both fine and imprisonment.
  • Additional penalties include cancellation of license and business permit and confiscation of inventory/stock by the government.

Administration and Enforcement

  • PNP holds primary responsibility for administration and enforcement.
  • Cases of violation transmitted to government prosecutors.
  • PNP authorized to promulgate rules and regulations after public hearing and industry consultation.
  • Local chief executives empowered to promulgate rules within their jurisdiction consistent with national standards.

Repealing Clause

  • Executive Order No. 52, series of 1966, and inconsistent laws, decrees, orders, rules, and regulations repealed or modified accordingly.

Effectivity

  • Act takes effect 15 days after publication in the Official Gazette or a newspaper of general circulation.

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