In the Philippines, the regulation of firearms is governed primarily by Republic Act No. 10591, known as the "Comprehensive Firearms and Ammunition Regulation Act," while the act of indiscriminate firing is penalized under the Revised Penal Code (RPC) and further intensified by administrative directives from the Philippine National Police (PNP).
1. Illegal Possession of Firearms
Under R.A. 10591, "Illegal Possession" occurs when an individual possesses a firearm without the necessary License to Own and Possess Firearms (LTOPF) and a valid Firearm Registration.
Classification of Firearms and Penalties
The severity of the penalty depends on the type of firearm involved. Penalties are based on the reclusion temporal and prision mayor scales:
| Type of Firearm | Penalty (Imprisonment) |
|---|---|
| Small Arms (e.g., revolvers, pistols) | Prision mayor in its medium period (8 to 10 years) |
| Class-A Light Weapons (e.g., semi-auto rifles/shotguns) | Prision mayor in its maximum period (10 to 12 years) |
| Class-B Light Weapons (e.g., weapons capable of fully automatic fire) | Reclusion temporal (12 to 20 years) |
Aggravating Circumstances
- Use in a Crime: If an unlicensed firearm is used in the commission of a crime (e.g., homicide or robbery), the illegal possession is absorbed, but it serves as an aggravating circumstance to increase the penalty of the main crime.
- Planting Evidence: Any public officer found planting a firearm or ammunition to frame an individual faces the penalty of reclusion perpetua (20 to 40 years).
2. Indiscriminate Firing
Indiscriminate firing—often associated with celebratory gunfire or "warning shots"—is treated as a serious threat to public safety.
Criminal Liability
The primary charge for indiscriminate firing is Illegal Discharge of Firearms under Article 254 of the Revised Penal Code.
- The Offense: Shooting a firearm at another person without the intent to kill, or simply firing into the air in a populated area.
- The Penalty: Prision correccional in its maximum period (4 to 6 years).
- Higher Offenses: If the act results in injury or death, the perpetrator will be charged with Physical Injuries, Homicide, or Murder, depending on the intent and circumstances.
PNP and AFP Personnel
If the offender is a member of the Philippine National Police (PNP) or the Armed Forces of the Philippines (AFP):
- Administrative Cases: They face immediate summary dismissal from service.
- Command Responsibility: Direct superiors may also face administrative sanctions under the principle of command responsibility if they fail to prevent or report the incident.
3. Carrying Firearms Outside of Residence
Even with a valid license and registration, it is illegal to carry a firearm outside one's residence without a Permit to Carry Firearms Outside of Residence (PTCFOR).
- Penalty: Possession of a licensed firearm outside of the residence without a PTCFOR is punishable by prision correccional (6 months to 6 years) and the permanent revocation of the license.
4. Summary of Key Legal Principles
"Malum Prohibitum": Illegal possession of firearms is a malum prohibitum crime. This means that the mere act of possessing the weapon without a license is enough for a conviction; the prosecution does not need to prove "evil intent," only the absence of the legal permit.
- Confiscation: All firearms involved in illegal possession or indiscriminate firing are subject to immediate confiscation and forfeiture in favor of the government.
- Ammunition: Possession of even a single round of ammunition without a corresponding license for that caliber is also punishable under R.A. 10591, carrying a penalty of prision mayor in its minimum period.