A Permit to Carry Does Not Replace a License to Possess a Firearm

TLDR: This case clarifies that having a permit to carry a firearm outside your residence (PTCFOR) or a mission order does not exempt you from needing a separate license to legally possess that firearm. Possessing a firearm without the proper license is a violation of Philippine law, regardless of any PTCFOR or mission order.

G.R. No. 104504, October 31, 1997

Introduction

Imagine finding yourself facing serious criminal charges simply because you misunderstood the complex regulations surrounding firearm ownership. In the Philippines, possessing a firearm without the proper license can lead to severe penalties, even if you thought you had the necessary permits. This case highlights the crucial distinction between a license to possess a firearm and a permit to carry it outside your home, underscoring the importance of understanding and complying with all relevant legal requirements.

The case of Pedrito Pastrano vs. Court of Appeals revolves around Pedrito Pastrano’s conviction for illegal possession of firearms. The central legal question is whether Pastrano’s Mission Order and Permit to Carry Firearm Outside Residence (PTCFOR) exempted him from the requirement of having a license to possess the firearms in the first place. The Supreme Court ultimately ruled against Pastrano, clarifying the separate and distinct nature of these permits and licenses.

Legal Context: Unpacking P.D. No. 1866 and Firearm Regulations

The legal foundation for regulating firearms in the Philippines is primarily found in Presidential Decree No. 1866 (P.D. No. 1866), which penalizes the illegal possession of firearms and ammunition. Section 1 of P.D. No. 1866 states that:

“Any person who shall unlawfully manufacture, deal in, acquire, dispose, or possess any firearm, part of firearm, ammunition or machinery, tool or instrument used or intended to be used in the manufacture of any firearm or ammunition” is committing an offense.

The Implementing Rules and Regulations of P.D. No. 1866 further clarify that anyone wishing to possess a firearm must first secure the necessary permit/license/authority from the Chief of Constabulary. Without this, possession is unlawful. Furthermore, it distinguishes between a license to possess and a permit to carry:

License to Possess: Grants the holder the right to legally own and keep a firearm.

Permit to Carry Firearm Outside Residence (PTCFOR): Authorizes the holder to carry a licensed firearm outside of their residence. This permit does not replace the need for a license to possess.

Mission Order: A written directive issued by competent authority to persons under their supervision and control for a definite purpose or objective during a specified period and to such place or places as therein mentioned which may entitle the bearer thereof to carry his duly issued or licensed firearm outside of his residence when so specified therein.

Previous jurisprudence has consistently upheld the strict regulation of firearms, emphasizing the government’s responsibility to maintain peace and order.

Case Breakdown: The Story of Pedrito Pastrano

The story began when students reported Pedrito Pastrano to authorities for allegedly beating his son, Clyde. Following Clyde’s death, suspicions arose. Two of Pastrano’s other sons then informed the Philippine Constabulary that their father possessed unlicensed firearms. This led to a series of events:

1. Tip-Off and Affidavit: Pastrano’s sons reported the presence of unlicensed firearms, providing a joint affidavit detailing their knowledge.
2. Application for Search Warrant: Based on the affidavit, Capt. Mañoza applied for a search warrant.
3. Issuance of Search Warrant: Judge Durias examined the sons and issued a search warrant.
4. Search and Seizure: Authorities searched Pastrano’s residence and seized two revolvers and ammunition.
5. Criminal Charges: Pastrano and his common-law wife were charged with illegal possession of firearms and ammunition.

At trial, Pastrano claimed he had a Mission Order and a PTCFOR, arguing that these authorized his possession. He also claimed one of the firearms belonged to his cousin. The trial court convicted Pastrano, and the Court of Appeals affirmed the decision. The Supreme Court highlighted the importance of possessing the license to possess the firearm.

The Supreme Court emphasized the importance of the license to possess a firearm:

“The possession of any firearm without the requisite permit/license is thus unlawful.”

Furthermore, the Court clarified that a PTCFOR does not negate the need for a license:

“A Permit to Carry Firearm Outside Residence does not render the license unnecessary because its purpose is only to authorize its holder to carry the firearm outside his residence. A Permit to Carry a Firearm Outside the Residence presupposes that the party to whom it is issued is duly licensed to possess the firearm in question.”

The Court also ruled that objections to the legality of the search warrant were waived because Pastrano did not raise them during the trial. However, the Court retroactively applied Republic Act No. 8294, which reduced the penalties for illegal possession of firearms, to Pastrano’s benefit.

Practical Implications: What This Means for Firearm Owners

This case serves as a critical reminder that possessing a firearm in the Philippines requires strict compliance with all applicable laws and regulations. A PTCFOR or a Mission Order does not substitute for a license to possess. Here are key lessons to consider:

• Secure the Necessary License: Always obtain a license to possess a firearm before acquiring one.
• Understand the Scope of Permits: A PTCFOR only allows you to carry a licensed firearm outside your residence; it does not authorize possession itself.
• Mission Orders are Limited: A Mission Order does not replace the need for a license to possess a firearm.
• Object to Illegal Searches Promptly: If you believe a search warrant is invalid, raise your objections during the trial to preserve your rights.
• Stay Updated on Legal Changes: Be aware of any amendments to firearm laws, as they may affect penalties and requirements.

Frequently Asked Questions (FAQs)

Q: What is the difference between a firearm license and a permit to carry?

A: A firearm license grants you the right to legally own and keep a firearm, while a permit to carry allows you to carry a licensed firearm outside your residence.

Q: Does a Mission Order allow me to possess a firearm without a license?

A: No, a Mission Order does not replace the need for a license to possess a firearm.

Q: What happens if I am caught with an unlicensed firearm?

A: You could face criminal charges for illegal possession of firearms, which may result in imprisonment and fines.

Q: Can I transfer my firearm license to someone else when I sell my gun?

A: No, a firearm license is not transferable. The buyer must obtain their own license.

Q: What should I do if I believe a search warrant is illegal?

A: You should object to the search during the trial and seek legal advice immediately.

Q: How often should I renew my firearm license?

A: Firearm licenses have an expiration date. Always renew your license before it expires to remain compliant with the law.

ASG Law specializes in firearms regulations and defense against illegal possession charges. Contact us or email hello@asglawpartners.com to schedule a consultation.