How strict are gun laws in the Philippines?

Gun laws in the Philippines

According to the Comprehensive Firearms and Ammunition Regulation Act, or Republic Act No. 10591, "qualified" Filipino citizens have the right to use a firearm for self-defense if "it is the reasonable means to repel the unlawful aggression under the circumstances[.]"

While the law is designed to provide legal support specifically to law enforcement agencies "in their campaign against crime," it also gives parameters on gun ownership and possession for private citizens. 

The initial requirements are basic. An applicant must be a Filipino citizen, be at least 21 years old, and have gainful employment, a business, or must be able to present an Income Tax Return for the preceding year as proof of "income, profession, business or occupation."

In addition, the applicant must not have been convicted of any crime that involves "moral turpitude" or inherently evil acts. Neither should they be identified as an accused in a pending criminal case for a crime that comes with a penalty of over two years. 

The applicant should also present certifications confirming they have taken and passed a psychiatric test overseen by a psychologist or psychiatrist accredited by the Philippine National Police, as well as a drug test given by an accredited and authorized laboratory or clinic.

Before being granted a gun permit, the applicant should also pass a gun safety seminar administered by the PNP or one of the registered and authorized gun clubs in the country.  

In writing, the applicant must file their application, where they are to state their personal circumstances. Finally, they have to present a police clearance from the city or municipality police office and pay the reasonable licensing fees. 

Civilians who can carry firearms

Atty. Carlo John Pascual told PhilSTAR L!fe that just because an individual ticks all the required boxes doesn't mean they are automatically authorized to carry firearms outside their residence. Citing Section 7 of RA 10591, Pascual said only the PNP chief or their authorized representative can grant that permission. 

According to him, this approval may be given only "to any qualified person whose life is under actual threat or whose life is in imminent danger due to the nature of his/her profession, occupation, or business."

"The applicant bears the burden of proving that his/her life is under actual threat by submitting a threat assessment certificate from the PNP," Pascual added. 

Quoting the same Section, Pascual enumerated the professionals whose nature of profession, occupation, or business may place them in "imminent danger":

• Members of the Philippine Bar
• Certified public accountants
• Accredited media practitioners
• Cashiers and bank tellers
• Priests, ministers, rabbis, and imams
• Physicians and nurses
• Engineers
• Businesspersons "who, by the nature of their business or undertaking, are exposed to a high risk of being targeted by criminal elements"

Minors with guns: Who is liable?

The two suspects in the Tacloban school shooting used guns they did not own. One student used a 9mm firearm that reportedly belonged to his aunt, a policewoman who is now in the custody of the PNP. The other 14-year-old fired a .38 caliber revolver registered to a security agency in Cebu.

While police are determining the identity of the security guard, the PNP is preparing charges against the policewoman.

In a press briefing on June 22, PNP-PIO chief PCol., Allen Rae Co said if the officer is proven to have had lapses "in the custody and safekeeping of her firearm, [she] will be charged accordingly."

"The PNP will ensure that she will face whatever necessary cases na mai-fa-file sa kanya for infidelity in the custody of her own firearm," Co added.

This is what the law dictates. According to Pascual, "Assuming that the registered gun owner is the parent of the minor who committed the crime, such parent or guardian shall be civilly liable for the crime committed by the minor child, unless the parent can prove that he/she acted without fault or negligence."

"In the Philippines, a registered gun owner faces massive criminal, administrative, and civil exposure if a minor accesses their weapon to commit a crime," Atty. Hyacinth Rejuso Merioles told L!fe.

A gun owner is criminally liable, under RA 10591, if they permit "an unauthorized individual, such as a minor, to hold, carry, or use their weapon. That firearm is legally considered a 'loose firearm' in that moment," Merioles said. 

"Handing over or failing to secure a firearm so that an unauthorized person can use it carries direct criminal penalties under illegal possession laws," she added. "For state employees or law enforcement officers, this also brings immediate administrative charges, termination, and loss of benefits."

The parent or legal guardian who owns a gun used by a minor will also have civil liability. 

Citing Article 2180 of the Civil Code, Merioles said, "Parents and legal guardians are directly and primarily liable for damages caused by minors under their parental authority."

Demonstrating jurisprudence on parental fault, Merioles recalled a landmark Supreme Court decision in Libi v. Intermediate Appellate Court, "where a minor used his father's gun to commit a fatal shooting."

"The Court ruled that the parents were directly and primarily liable for civil damages under tort law," Merioles said, referring to the branch of law that covers wrongful acts. 

According to the Court's decision, "parental liability arises from a presumption of negligence in failing to keep lethal weapons strictly out of reach of children."

"Unlike some foreign jurisdictions that cap financial liability for parental neglect, the Philippines imposes uncapped civil indemnity," Merioles said. The adults found responsible for the minor's use of the firearm will then have to pay full damages for medical bills, loss of life, and emotional distress.