This article provides a practitioner-oriented, step-by-step guide to initiating, documenting, and prosecuting complaints for illegal possession of firearms and/or ammunition under Philippine law. It is written for police investigators, inquest and trial prosecutors, private complainants, and defense counsel who need a full view of the process from seizure through judgment.

1) Legal Framework and Key Concepts

Core statute

Comprehensive Firearms and Ammunition Regulation Act (Republic Act No. 10591) and its implementing rules govern licensing, registration, classification of firearms, ammunition, and accessories, as well as offenses and penalties.
Related issuances include PNP Firearms and Explosives Office (PNP-FEO) circulars on licensing/registration and operational guidelines for custody and disposition of seized firearms.

What counts as a “firearm,” “ammunition,” and “loose firearm”

Firearm: any barreled weapon capable of discharging a projectile by the action of an explosive, including handguns, rifles, shotguns, and “light weapons” (e.g., machine guns).
Ammunition: complete cartridges or their components (bullet, case, primer, propellant).
Loose firearm (layman’s term widely used in operations): firearm that is unregistered, with tampered/erased serial number, or whose license/registration has been revoked, canceled, or expired, and any illegally manufactured firearm.

Basic elements of the offense (illegal possession)

Possession, custody, or control of a firearm and/or ammunition (actual or constructive).
Lack of license or authority to possess the specific firearm/ammunition.
- Proof typically consists of a PNP-FEO certification showing the accused has no License to Own and Possess Firearm (LTOPF) and/or the particular firearm is not registered to the accused (or to anyone, if unregistered).

When the firearm is used in another crime

If an unlicensed firearm is used in the commission of another offense (e.g., homicide, robbery), the illegal possession charge is separate and in addition to the underlying crime. Penalties are typically graduated upward when a crime results in death or serious injury.

2) Jurisdiction, Venue, and Court

Venue: where possession occurred or where the firearm was seized.
Court: Regional Trial Court (RTC) has jurisdiction (special law; penalty beyond MTC thresholds). If the charge is limited to minor regulatory breaches with lower penalties, review the latest penalty grid; in practice, these cases are filed in the RTC.

3) Lawful Acquisition of Evidence

3.1 Arrest and seizure scenarios

Warrantless arrest/search: allowed only under narrowly defined exceptions (e.g., in flagrante delicto, hot pursuit, search incident to a lawful arrest, checkpoints that meet constitutional standards, plain view, consented search). Document the specific exception relied upon.
Search warrant: if circumstances don’t fit an exception, apply for a Rule 126 search warrant. Ensure particularity of the place and items (describe firearms by type/brand/serial if known; otherwise, generic description with factual basis).

3.2 Immediate post-seizure steps

Safety and clearing of the firearm; unload and secure ammunition.
Marking and photographing the firearm/ammo at the place of seizure (or nearest safe location), noting serial numbers and unique identifiers.
Inventory and receipt: prepare a detailed Receipt/Inventory of Property Seized and serve a copy to the occupant/arrestee; secure witness signatures when practicable.
Chain of custody: identify the seizing officer, custodian, evidence locker, and all transfers (date/time, from whom/to whom). Use evidence seals and logbooks.

3.3 Crime laboratory coordination

Request ballistics and firearms examination (macro-etching if serial number is defaced, functionality test, test-firing for bullet/casing matching when relevant).
Preserve the integrity of ammunition samples (note brand, caliber, lot, quantity).
Keep spent shells and slugs recovered at the scene separately bagged and labeled for correlation.

4) Building the Case File

A well-prepared docket shortens inquest time and reduces dismissals for insufficiency. Assemble:

Affidavit of Arrest/Investigation of the seizing officer(s)
- Circumstances of surveillance/operation, lawful ground for arrest/search, recovery, markings, and turnover.
Receipt/Inventory of Seized Items with photos and sketch of the place of seizure.
Search Warrant (if used), Supporting Affidavits/Depositions, and Return with Sheriff’s certificate (or, for checkpoints/warrantless searches, the specific legal basis and compliance narrative).
PNP-FEO Certifications
- (a) LTOPF status of the suspect, and
- (b) Registration status of the specific firearm by make, model, caliber, and serial number, or certification of “no record.”
Ballistics/Firearms Laboratory Report (functionality; where applicable, test-fire and NIBIN/IBIS match, if available).
Booking sheets, fingerprint cards, and mugshots.
SOCO/Scene documentation (if seizure followed an incident).
Chain-of-custody documents (evidence log, turnover receipts).
Barangay Certifications or CCTV (if helpful to prove possession or domain of control).
Other offense evidence if the firearm was used to commit another crime (medical reports, death certificate, autopsy, victim affidavits).

Tip: The PNP-FEO certification proving lack of license/registration is pivotal. Obtain it promptly and ensure identifiers (serial number, make/model) on the certification match those on the seized firearm and in the affidavits.

5) Filing Pathways

5.1 Inquest (warrantless arrest)

Who initiates: Arresting unit submits the inquest referral to the Office of the City/Provincial Prosecutor where the arrest occurred.
Time limits: Conduct inquest without delay; if no inquest within constitutionally reasonable time and the accused opts for regular filing, release the person unless a complaint is filed in court.
Prosecutor’s evaluation:
- Checks probable cause: (1) possession; (2) lack of license/registration; and (3) legality of the arrest/seizure.
- If sufficient: Information is prepared and filed with the RTC.
- If insufficient: recommends release and filing for regular preliminary investigation.

5.2 Regular preliminary investigation (no warrantless arrest)

Filing: Submit a Complaint-Affidavit with attachments to the prosecutor’s office with jurisdiction over the place of possession/seizure.
Counter-affidavit and rejoinders follow NPS rules, after which the prosecutor issues a Resolution and, if warranted, files the Information in court.

6) Drafting the Information (Charging Document)

Essential allegations typically include:

Identity of the accused; date and place of offense.
Knowing possession (actual or constructive) of a specific firearm/ammunition described by make, model, caliber, and serial (or indicate defaced/erased serial).
Absence of the required license/authority (as per PNP-FEO certification).
Qualifying/aggravating circumstances (e.g., used in another crime; possession of light weapons; presence of a defaced serial number; public officer; recidivism if applicable).

7) Bail, Custody, and Disposition of Seized Firearms

Bail: Determined by the court based on the statutory penalty for the charged modality (small arms vs. light weapons; use in another crime). File a bail recommendation consistent with the penalty range.
Custody: Firearms remain under evidence custody of the arresting agency or crime lab as directed by the prosecutor/court. Do not return the firearm pending case termination unless ordered by the court.
Forfeiture/Disposal: Upon conviction or lawful order, firearms and ammunition are forfeited to the government for disposition under PNP-FEO/Crime Lab protocols (e.g., inclusion in ballistics reference collections, destruction, or other authorized handling).

8) Evidentiary Considerations and Common Pitfalls

Possession vs. ownership
- The crime punishes possession without authority, not mere lack of paperwork by someone else. Constructive possession (dominion/control over premises or vehicle) can suffice with credible proof.
Serial number issues
- Defaced or unreadable serials are aggravating and require macro-etching effort and documentation of attempts to recover the number.
Functionality proof
- While many courts accept the statutory definition without a live test, a functionality exam and test-fire strengthen the case, especially if the defense claims the item is a toy/replica or unserviceable.
Chain of custody gaps
- Unsealed transfers, missing signatures, or inconsistent markings can undermine admissibility or weight. Maintain a continuous paper trail.
Invalid searches
- Evidence obtained from unconstitutional searches can be suppressed. Ensure compliance with Rule 126 (warrants) or recognized warrant exceptions, and articulate them in affidavits.
Licensing defenses
- Accused may present an LTOPF and registration for the specific firearm. Note that LTOPF alone is not registration—both authority to possess and the firearm’s registration to the person matter.
Multiple accused/vehicles
- Link each person to actual or constructive possession (e.g., where the gun was found, seating arrangement, fingerprints/DNA, statements, CCTV). Avoid “guilt by association.”

9) Special Situations

Public officers/security personnel: Verify if possession was within duty and with agency authority; government-issued firearms used off-duty without authority can still give rise to liability.
Minors: Additional child protection protocols apply; coordinate with DSWD and handle evidence/custody accordingly.
Explosives and prohibited devices: If grenades/explosives are involved, this is typically charged under separate explosives laws with distinct penalties and rules.
Amnesty/registration windows: Past amnesties allowed regularization of loose firearms. Check the effective period and whether the accused complied before the incident; post-seizure applications generally do not cure prior illegal possession.

10) Penalties (High-Level Overview)

Penalties escalate based on:
- Classification: small arms vs. light weapons (heavier penalties).
- Serial number status: defaced/erased serial numbers typically warrant higher penalties.
- Use in another crime: presence of another offense, especially those causing death or serious injury, increases penalties and may trigger maximum ranges.
Accessory penalties include forfeiture of the firearm/ammunition and disqualification from future licensing.

Because fines and imprisonment ranges have been amended and clarified by later regulations and jurisprudence, always verify the current penalty grid before recommending bail or drafting the Information.

11) Step-by-Step Workflow (Investigator & Prosecutor)

A. Police Investigator

Plan operation; secure warrant unless a recognized exception applies.
Seize, clear, mark, photograph, and inventory the firearm/ammo.
Prepare Affidavit of Arrest/Investigation and Inventory; secure witness signatures where practicable.
Obtain PNP-FEO certifications (LTOPF and firearm registration checks).
Request ballistics and other lab examinations; preserve chain of custody.
Refer for inquest (if warrantless arrest) or prepare Complaint-Affidavit for regular filing.

B. Inquest/Trial Prosecutor

Scrutinize the legality of the arrest/search and sufficiency of evidence for probable cause.
If sufficient, draft and file the Information; if not, order release and proceed to regular PI.
During trial, present seizing officer, custodian, ballistics examiner, and PNP-FEO records officer; formally offer the firearm/ammo, inventory, photos, lab reports, and certifications.
Seek forfeiture upon conviction.

12) Templates and Checklists (Ready to Adapt)

A. Minimum Attachments for Filing

Affidavit of Arrest/Investigation (with detailed seizure narrative)
Receipt/Inventory of Seized Items + photos
Search Warrant and Return (if applicable) or legal basis for warrantless search
PNP-FEO Certifications: (1) LTOPF status; (2) Firearm registration status
Ballistics/Firearms Report (functionality; serial restoration if needed)
Booking sheets, mugshots, fingerprints
Chain-of-custody documents
SOCO/scene materials (if any)
Other-crime evidence (if firearm used in another offense)

B. Skeleton Allegations (Information)

“That on or about [date], in [city/province], Philippines, the accused [Name], did then and there willfully, unlawfully, and feloniously possess and control one (1) [make/model/caliber, serial no./‘with defaced serial number’] without the necessary license or authority, as evidenced by PNP-FEO Certifications attesting to the absence of LTOPF and/or registration in the accused’s name; contrary to law.”

(Add paragraph alleging use of the firearm in another crime or qualifying circumstances, if applicable.)

13) Defense Perspectives (for completeness)

Lawful possession: Present valid LTOPF and registration for the exact firearm; stress mismatches or errors in serial/make/model on certifications.
Illegality of search/arrest: Move to suppress evidence seized from invalid warrants or unjustified warrantless searches.
Lack of possession: Contest actual/constructive possession; show lack of control over premises/vehicle.
Non-functionality: Argue the item is not a “firearm” as defined (e.g., deactivated/unserviceable), countering with expert testimony.
Breaks in chain of custody: Highlight inconsistencies in markings, seals, or custody logs.

14) Practical Tips

Name things precisely: Use full firearm descriptors and repeat them uniformly across all documents.
Get certifications early: FEO turnaround can affect inquest decisions; anticipate by requesting checks immediately.
Photograph everything: Scene, markings, serials, packaging, and each turnover.
Mind parallel offenses: If shots were fired, consider alarm and scandal, malicious mischief, or offenses against persons/property, as appropriate, in separate or complex charges.
Coordinate with FEO before recommending a plea or dismissal based on “paper cures” (e.g., late registration).

15) Bottom Line

To successfully file and prosecute illegal possession of firearms in the Philippines, ensure lawful seizure, airtight documentation, and documentary proof of lack of authority via PNP-FEO certifications, supported by forensic verification and an unbroken chain of custody. Treat the case as a records-driven prosecution: when the paperwork is complete and consistent, the charge is far more likely to survive inquest, pass preliminary investigation, and end in conviction.