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MOP, Bk 7, v.4, 37

[ EXECUTIVE ORDER NO. 9, February 01, 1954 ]

PROMULGATING RULES AND REGULATIONS FOR THE CONTROL AND SUPERVISION OF THE LICENSING, SALE, POSSESSION, USE, STORAGE AND MANUFACTURE OF EXPLOSIVES.



By virtue of the powers vested in me by law, I, RAMON MAGSAYSAY, President of the Philippines, do hereby order and promulgate the following rules and regulations for the control and supervision of the licensing, sale, possession, use, storage and manufacture of explosives or their ingredients:

1. Any person or entity desiring to manufacture, sell, store, possess or use gunpowder, dynamite, explosives, blasting supplies or their ingredients shall make application to the Chief of Constabulary thru the Chief of the Firearms and Explosives Section, Headquarters Philippine Constabulary, and the Flag Officer in Command of the Philippine Navy stating therein the purpose for which the license and/or permit is applied for and such information as may be especially requested by the Chief of Constabulary before acting upon the application. The application shall be filed with the Chief of the Firearms and Explosives Section, Headquarters Philippine Constabulary, who shall, in the first instance, screen and process the same. Applications favorably considered by the Chief of the Firearms and Explosives Section, Headquarters Philippine Constabulary, shall be forwarded by him to the Flag Officer in Command of the Philippine Navy who, after giving due and proper consideration to the purpose for which the license or permit is applied for, shall recommend approval or disapproval of the application to the Chief of Constabulary. Only applications favorably recommended by the Flag Officer in Command of the Philippine Navy may be considered by the Chief of Constabulary who, upon approval, shall issue the license or licenses applied for. The Chief of Constabulary may, however, disapprove an application notwithstanding any favorable recommendation by the Flag Officer in Command of the Philippine Navy, if in his opinion public interest so warrants. The powers herein granted to the Flag Officer in Command of the Philippine Navy to process and recommend approval or disapproval of an application to manufacture, sell, store, possess or use gunpowder, blasting supplies, dynamite, explosives and their ingredients, and the powers of the Chief of Constabulary to approve applications for licenses and/or permits shall be personally exercised by them and shall in no manner be delegated to subordinate officers.

2. Any person or entity licensed under the law to deal in, manufacture, purchase, store, possess, use or handle gunpowder, dynamite, explosives, blasting supplies or their ingredients shall be required to store his stock in vaults or magazines under the control and supervision of an officer of the Philippine Constabulary or any other officer of the Armed Forces of the Philippines who has been previously placed on detached service with the Philippine Constabulary for this purpose, as representative of the Chief of Constabulary. Such officer designated as representative of the Chief of Constabulary shall keep and maintain a permanent record wherein all acquisitions, purchases, sales, expenditures and withdrawals of gunpowder, dynamite, explosives, blasting supplies or their ingredients shall be entered chronologically, together with the names of all persons using them or to whom they are sold or issued. All entries in said record shall be supported by the corresponding permits issued by the Chief of Constabulary. A weekly report in triplicate of all such acquisitions, sales, expenditures or other dispositions of gunpowder, dynamite, explosives, blasting supplies or their ingredients shall be submitted by the officer designated as the representative of the Chief of Constabulary to the Chief of Staff, Armed Forces of the Philippines, Chief of Constabulary, and the Flag Officer in Command of the Philippine Navy, for each particular licensee or holder of special permit.

3. The Chief of Constabulary, thru the Provincial Commanders, shall designate officers or enlisted men of the Philippine Constabulary with ranks not lower than sergeant, or any other officers or enlisted men of the Armed Forces of the Philippines with ranks not lower than sergeant who are made available for the purpose by the Chief of Staff, Armed Forces of the Philippines, to act as witnesses of all expenditures and use of gunpowder, dynamite, explosives, blasting supplies or their ingredients by duly licensed persons and entities; and no explosives, gunpowder, dynamite, blasting supplies or their ingredients shall be detonated or used without the presence of said officers or enlisted men. Any officer or enlisted man designated to witness such detonation or use of explosives in any form shall keep a record of all such expenditures, detonation, or use witnessed by him, indicating therein the time, place of use or detonation, and the quantity of explosives so detonated or used, and shall render a report thereof to the Provincial Commander, Philippine Constabulary, immediately thereafter. Officers and enlisted men designated as witnesses to the use or other disposition of explosives shall be rotated at least once a month.

4. The Chief of Staff, Armed Forces of the Philippines, shall submit monthly reports of all purchases and dispositions by individual licensees of gunpowder, dynamite, explosives, blasting caps and fuses, and their ingredients to the President of the Philippines thru the Secretary of National Defense.

5. Personnel of the Philippine Navy specifically designated by the Flag Officer in Command of the Philippine Navy are hereby empowered to enforce the provisions of this Executive Order and also those of Act No. 3023 in collaboration with the personnel of the Philippine Constabulary.

6. The Chief of Constabulary and the Flag Officer in Command of the Philippine Navy are each authorized to employ additional military and civilian personnel for the purpose of carrying out the missions entrusted respectively to the Philippine Constabulary and the Philippine Navy under this Executive Order.

7. Any violation of this Executive Order shall be sufficient ground for the cancellation of the license and/or permit and confiscation of the explosives involved.

Done in the City of Manila, this 1st day of February, in the year of Our Lord, nineteen hundred and fifty-four, and of the Independence of the Philippines, the eighth.

(Sgd.) RAMON MAGSAYSAY
President of the Philippines

By the President:
(Sgd.) FRED RUIZ CASTRO
Executive Secretary

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