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WHEREAS, numerous cases of simple illegal  possession of firearm, ammunition or explosive  either are under investigation, or have been filed  in court, or have resulted in conviction and sentence;chanroblesvirtualawlibrary

WHEREAS, reports from the law enforcement agencies  further reveal that there are still a big number of  loose or unlicensed firearms, ammunitions or explosives in  the possession of individuals a majority of whom, not having  used such contraband for the commission of any other  offense or offenses, may be desirous of surrendering the same but are prevented from doing so for fear  of being punished in accordance with current laws;chanroblesvirtualawlibrary

WHEREAS, in order to give the aforementioned holders  of loose or unlicensed firearms, ammunition or explosives  the opportunity to dispose of the same without incurring criminal liability, it is necessary to adopt a liberal  scheme for the purpose.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President  of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree  the following:  chanroblesvirtualawlibrary

Section 1.    Grant of Amnesty. — Amnesty is hereby decreed in favor of any person who, on or before the date of  effectivity of this Decree, has been under arrest and/or  investigation for, charged with, or convicted of,  simple illegal possession of firearm, ammunition, or  explosive, provided that he shall apply therefor in  writing to the proper authorities within three (3)  months from such date of effectivity. For purposes of  this Decree, illegal possession of firearm, ammunition or explosive shall be deemed simple if no other, offense  is committed with the use of such firearm, ammunition  or explosive.

Section 2.    Persons Disqualified From Amnesty. — The following are disqualified from amnesty under this  Decree:cralaw:red

a.    Promoters, maintainers, heads or members of rebellious, seditious or subversive organizations  or associations;chanroblesvirtualawlibrary

b.    Those who have been arrested, charged with and/or convicted of illegal possession of firearm, ammunition  or explosive, with resultant offense or offenses.

Section 3.    Surrender of Firearms, Ammunition, Explosives. — All laws, rules and regulations to the contrary  notwithstanding, any person not otherwise disqualified under  Section 2a hereof, who possesses any firearm, ammunition  or explosive without any license or permit as prescribed  by law may, without incurring any criminal liability therefor,  surrender the same to the proper authorities within  a period of three (3) months from the date of  effectivity of this Decree: Provided, however, That  the foregoing provision shall not be construed as  barring the prosecution of any person for illegal  possession of firearms, ammunition, or explosives as  the case may be, in violation of current laws, if he,  within the above-mentioned period of three (3) months:cralaw:red

a.    Carries outside of his residence, any loose or unlicensed firearm, ammunition or explosive,  unless this be for the purpose of surrendering the  same as evidenced by a written authorization to transport  the same for that particular purpose priorly secured  by him from the proper authorities; chanroblesvirtualawlibrary

b.    Commits any other offense with the use of such loose or unlicensed firearm.  chanroblesvirtualawlibrary

Section 4.    Licensing of Surrendered Firearms. — The holder or possessor of the firearm surrendered in accordance with this Decree may apply to possess the  same under license provided that he is qualified to  possess the said firearm in accordance with existing laws, rules and regulations.

Section 5.    Compensation for Surrendered Firearms. — A firearm which cannot be possessed under license by the person who  surrendered it may be sold to and licensed in the name of  qualified individuals, firms, or corporations who/which  shall pay the corresponding price of such firearm. The  payment shall accrue in favor of the person who surrendered  the firearm.

Section 6.    Amnesty Commissions. — As many Amnesty Commissions as are necessary to evaluate applications for amnesty  under this Decree shall be created by the Minister  of National Defense, to be composed of a representative  from the Philippine Constabulary, as chairman, and representatives of the Ministry of Justice and the  Office of the Judge Advocate General, Armed Forces of  the Philippines, as members.  chanroblesvirtualawlibrary

Section 7.    Powers and Functions of the Amnesty Commissions. — The Amnesty Commissions shall have the power to  administer oath, issue subpoena and subpoena duces tecum, examine the facts and circumstances surrounding each case, conduct summary hearings of witnesses, if necessary,  as basis for their recommendation to the President, thru the Minister of National Defense, to deny or grant the  amnesty applied for.

Section 8.    Travelling Expenses and Allowances. — The Chairmen and members of the Amnesty Commissions created  pursuant to this Decree, when travelling in the performance  of their duties for purposes hereof, shall be entitled to payment of travelling expenses in accordance  with existing laws, rules and regulations, and a flat  allowance of one hundred pesos a day.

Section 9.    Appropriation. — The amount of One Million Pesos (P1,000,000.00) is hereby appropriated out of any funds of the National Treasury not otherwise appropriated  to carry into effect the provisions of this Decree.

Section 10.    Rules and Regulations. — The Minister of National Defense shall promulgate such rules and regulations as may  be necessary for the effective implementation of this  Decree.

Section 11.    Effectivity. — This Decree shall take effect immediately. (See PD No. 1747 amending this section)

Done in the City of Manila, Philippines, this 20th day of November, in the year of Our Lord, nineteen hundred  and eighty.

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