Legal basis and purpose
- Republic Act No. 10591 (comprehensive firearms regulation) provides the governing framework for mission/letter orders through its implementing rules, including Sections 7.10, 7.11, 7.12, 7.13, and 7.14 of the Implementing Rules and Regulations (IRR).
- The circular is anchored on the State policy in Section 2 of Republic Act No. 10591, which requires maintaining peace and order and protecting the people from violence while regulating lawful self-defense through firearms.
- The purpose is to provide policies, guidelines, and procedures governing issuance of Mission Orders (MOs) and Letter Orders (LOs) by heads of LEAs.
- The policy target is legal support to law enforcement agencies in their campaign against crime, stopping proliferation of illegal firearms, and stopping illegal manufacture of firearms and ammunition.
Scope and coverage
- The circular applies to law enforcement agencies, government guard units, and member-agencies of NALECC, including other Law Enforcement Agencies (LEAs) that may be created in the future.
- The circular covers LEAs that may be authorized by the Philippine National Police as the mandated agency to issue licenses for possession of firearms and explosives under law.
- The circular is tied to authority under Section 24(f) of Republic Act No. 6975 as amended and Section 44 of Republic Act No. 10591.
- Only regular public officers or employees of covered LEAs may be beneficiaries of mission/letter orders, subject to qualification rules stated in the circular.
Policies governing mission orders
- Mission Orders/Letter Orders (MOs/LOs) may be issued only to a regular public officer or employee of a covered LEA who has a plantilla position and performs law enforcement functions and duties.
- Substitution of firearms previously assigned to one public officer or employee to another public officer or employee is not allowed.
- The head of agency of an authorized LEA must be responsible for the timely submission of firearms status and monitoring reports in quarterly, semi-annually, and annually to C, PNP (Attn: C, FEO).
Qualification and issuance limits
- MOs/LOs may be issued only by the authorized Head of Office identified in the circular’s enumerated authorities.
- The issuing authority’s scope is limited to its jurisdiction.
- Only regular public officers or employees identified in the circular’s authorities who have been issued Licenses to Own and Possess Firearms (LTOFP) as required by Republic Act No. 10591 and its IRR are qualified to be issued MOs/LOs.
- MOs/LOs must be shown on demand by proper authorities without resentment to avoid misunderstanding.
- The MO/LO duration is limited to a maximum validity of one (1) month.
- The MO/LO may authorize firearm carrying only for what is specifically described in the MO/LO.
Definitions and authorized activities
- The term “duty” means a task or function that requires use of a government-issued firearm to ensure its accomplishment.
- “Duty” includes guarding or participation in training, combat, police, intelligence and security operations; and detail as participants in parade and ceremonies and similar activities.
- The authority to carry a government-issued firearm in duty applies not only at the specific place of duty but also from camps, barracks, quarters, or assembly area to the place of duty and back.
- The term “official mission” means a task that requires personnel to go out of their official station for its accomplishment.
- The circular treats MOs/LOs as covering firearm carrying for the duration of the mission subject to the restrictions and rules on carrying.
Rules on carrying firearms
- As a general rule, government-issued firearms or personally owned firearms registered in the Firearms Information Management System (FIMS) covered by MOs/LOs may be carried only by regular public officers or employees wearing an agency-prescribed or proper uniform while in actual performance of law enforcement duty or official mission.
- A regular public officer or employee in an agency-prescribed/proper uniform covered by an MO/LO must place government-issued or FIMS-registered personally owned firearms in a holster securely attached to the belt.
- Military pilots in flying uniforms and crew of armored vehicles may carry firearms in a shoulder holster.
- Regular public officers or employees in agency-prescribed/proper uniform without holster and those in civilian clothes issued MOs/LOs must ensure the firearms are concealed unless in actual use for a legitimate purpose.
- Flagantly displaying a firearm or tucking it at the waist while wearing agency prescribed/proper uniform or in civilian attire is prohibited.
- Only firearms specifically described in the MO/LO may be carried.
Limitations and prohibited circumstances
- Those issued MOs/LOs must not bring government-issued firearms or personally owned firearms registered in the FIMS as indicated in their MOs/LOs into public drinking places, cabarets, public dance halls, places of worship, other commercial and public establishments, public amusement places, or while attending civic, political, and religious rallies and meetings—except while performing actual law enforcement duty or official mission.
- Carrying long firearms is strictly prohibited in Metro Manila, chartered cities, provincial capitals, and other thickly populated areas, and in fiestas or other large gatherings—except when called for actual performance of law enforcement duty or official mission.
- Authorized regular public officers or employees issued MOs/LOs are not allowed to carry firearms outside residence except while performing actual duty or official mission.
Authorities allowed to issue MOs/LOs for firearm carrying
- The circular authorizes the issuance of MO/LO with provisions that entitle the bearer to carry government-issued firearm and ammunition for the duration of the mission only for the specific listed officers and entities.
- For AFP officers, men, and regular civilian agents, authorized issuers include: Chief of Staff, AFP; chiefs of the General/Special/Technical and Personal Staffs; commanders of AFP Major Services and their corresponding staff chiefs; commanders and chiefs of staff of AFPWSSUs and Commands/Units of the AFP and Major Services; commanders of the Battalions and Higher Units and their equivalent in the Philippine Air Force and Philippine Navy; commanders of AFP Intelligence Units from GHQ AFP down to Regional Command Levels; and Detachment Commanders in remote areas whose higher commanders are not easily available.
- For PNP members, authorized issuers include: Police Director General; Deputy Director General for Administration and Operation; Chief of the Directorial Staff; Directors and Directorial Staffs; Directors, National Support Units (NSUs) (NASU/NOSU); Regional Directors, Police Regional Offices; District Directors of NCRPO; Inspector General of IAS; and Provincial Director/City Director.
- For National Bureau of Investigation members, authorized issuers include: Director; Deputy Director; and Regional Directors.
- For NICA agents, authorized issuers include: Director-General, NICA; and General Manager.
- For BJMP members, authorized issuers include: Director-General, BJMP; Deputy Director; and Regional Directors.
- For other law enforcement agencies, authorized issuers include: Department Head/Bureau Head; and Head of Regional Offices.
- Other law enforcement agencies in the government include enumerated units/personnel such as prison guards, customs security and investigation personnel, port police, zone police forces, government guard forces, immigration law enforcement agents, airport police forces, LTO law enforcement service personnel, Philippine Coast Guard personnel, Cebu Port Authority police force, Witness Protection Program agents, Videogram Regulatory Board members performing law enforcement functions, and multiple other named groups and officers within specific agencies.
Saving, repeal, and compliance consequences
- A saving clause provides that if any part of the memorandum circular is declared unconstitutional, the other provisions remain in force and effect.
- A repealing clause provides that all procedures, memoranda, circulars, policies, and rules and regulations not in conformity with the memorandum circular are rescinded, amended, or modified accordingly.
- The circular imposes compliance requirements through its operational rules on who may be issued MOs/LOs, how firearms must be carried, when firearms must not be brought, where long firearms are prohibited, and the duration of MO/LO validity.
- No specific penalty, fine, or administrative sanction is set out within the circular itself.