Republic of the
Philippines
Congress of the Philippines Metro Manila
Fourteenth Congress
Second Regular Session
Begun and held in Metro Manila, on Monday, the
twenty-third day of July, two thousand seven.
Republic Act No. 9516 December 22
Amending Section 3 and 4 of PD 1866
AN ACT FURTHER
AMENDING THE PROVISIONS OF PRESIDENTIAL DECREE NO. 1866, AS AMENDED, ENTITLED CODIFYING THE LAWS ON
ILLEGAL/UNLAWFUL POSSESSION, MANUFACTURE, DEALING IN, ACQUISITION OR
DISPOSITION OF FIREARMS, AMMUNITION OR EXPLOSIVES OR INSTRUMENTS USED IN THE
MANUFACTURE OF FIREARMS, AMMUNITION OR EXPLOSIVES, AND IMPOSING STIFFER
PENALTIES FOR CERTAIN VIOLATIONS THEREOF, AND FOR OTHER RELEVANT PURPOSES"
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress assembled::
Section 1. Section 3 of Presidential
Decree No. 1866, as amended, is hereby further amended to read as
follows:
"Section 3. Unlawful
Manufacture, Sales, Acquisition, Disposition, Importation or Possession of an
Explosive or Incendiary Device. - The penalty of reclusion perpetua
shall be imposed upon any person who shall willfully and unlawfully
manufacture, assemble, deal in, acquire, dispose, import or possess any
explosive or incendiary device, with knowledge of its existence and its
explosive or incendiary character, where the explosive or incendiary device
is capable of producing destructive effect on contiguous objects or causing
injury or death to any person, including but not limited to, hand grenade(s),
rifle grenade(s), 'pillbox bomb', 'molotov cocktail bomb', 'fire bomb', and
other similar explosive and incendiary devices.
"Provided,
That mere possession of any explosive or incendiary device shall be prima
facie evidence that the person had knowledge of the existence and the
explosive or incendiary character of the device.
"Provided,
however, That a temporary, incidental, casual, harmless, or transient
possession or control of any explosive or incendiary device, without the
knowledge of its existence or its explosive or incendiary character, shall
not be a violation of this Section.
"Provided,
Further, That the temporary, incidental, casual, harmless, or
transient possession or control of any explosive or incendiary device for the
sole purpose of surrendering it to the proper authorities shall not be a
violation of this Section.
"Provided,
finally, That in addition to the instances provided in the two (2)
immediately preceeding paragraphs, the court may determine the absence of the
intent to possess, otherwise referred to as 'animus possidendi",
in accordance with the facts and circumstances of each case and the application
of other pertinent laws, among other things, Articles 11 and 12 of the
Revised Penal Code, as amended."
Section 2. Section 4 of Presidential
Decree No. 1866, as amended, is hereby further amended to read as
follows:
"SEC 3-A. Unlawful
Manufacture, Sales, Acquisition, Disposition, Importation or Possession of a
Part, Ingredient, Machinery, Tool or Instrument Used or Intended to be Used
for the Manufacture, Construction, Assembly, Delivery or Detonation. -
The penalty of reclusion perpetua shall be imposed upon any person who shall
willfully and unlawfully manufacture, assemble, deal in, acquire, dispose,
import or possess any part, ingredient, machinery, tool or instrument of any
explosive or incendiary device, whether chemical, mechanical, electronic,
electrical or otherwise, used or intended to be used by that person for its
manufacture, construction, assembly, delivery or detonation, where the
explosive or incendiary device is capable or is intended to be made capable
of producing destructive effect on contiguous objects or causing injury or
death to any person.
"Provided,
That the mere possession of any part, ingredient, machinery, tool or
instrument directly used in the manufacture, construction, assembly, delivery
or detonation of any explosive or incendiary device, by any person whose
business activity, or employment does not lawfully deal with the possession
of such article shall be prima facie evidence that such article is
intended to be used by that person in the unlawful/illegal manufacture,
construction, assembly, delivery or detonation of an explosive or incendiary
device.
"Provided,
however, That a temporary incidental, casual, harmless or transient
possession or control of any part, machinery, tool or instrument directly
used in the manufacture, construction, assembly, delivery or detonation of
any explosive or incendiary device, without the knowledge of its existence or
character as part, ingredient, machinery, tool or instrument directly used in
the manufacture, construction, assembly, delivery or detonation of any
explosive or incendiary device, shall not be a violation of this Section.
"Provided,
Further, That the temporary, incidental, casual, harmless, or
transient possession or control of any part, ingredient, machinery, tool or
instrument directly used in the manufacture, construction, assembly, delivery
or detonation of any explosive or incendiary device for the sole purpose of
surrendering it to the proper authorities shall not be a violation of this
Section.
"Provided,
finally, That in addition to the instances provided in the two (2)
immediately preceeding paragraphs, the court may determine the absence of the
intent to possess, otherwise referred to as 'animus possidendi', in
accordance with the facts and circumstances of each case and the application
of other pertinent laws, among other things, Articles 11 and 12 of the
Revised Penal Code, as amended."
Section 3. Insert a new Section
3-B, 3-C, 3-D, 4, 4-A, 4-B, 4-C, 4-D, 4-E, 4-E and 4-F in Presidential Decree
No. 1866 to read as follows:
"SEC. 3-B. Penalty
for the Owner, President, Manager, Director or Other Responsible Officer of
Any Public or Private Firm, Company, Corporation or Entity. - The penalty
of reclusion perpetua shall be imposed upon the owner, president,
manager, director or other responsible officer of any public or private firm,
company, corporation or entity, who shall willfully or knowingly allow any
explosive or incendiary device or parts thereof owned or controlled by such
firm, company, corporation or entity to be used by any person or persons
found guilty of violating the provisions of the preceding paragraphs.
"SEC. 3-C. Relationship
of Other Crimes with a Violation of this Decree and the Penalty Therefor.
- When a violation of Section 3, 3-A or 3-B of this Decree is a necessary
means for committing any of the crimes defined in the Revised Penal Code or
special laws, or is in furtherance of, incident to, in connection with, by
reason of, or on occassion of any of the crimes defined in the Revised Penal
Code or special laws, the penalty of reclusion perpetua and a fine
ranging from One hundred Thousand pesos (P100,000.00) to One million pesos
(P1,000,000.00) shall be imposed.
"SEC. 3-D. Former
Conviction or Acquittal; Double Jeopardy. - Subject to the provisions of
the Rules of Court on double jeopardy, if the application thereof is more
favorable to the accused, the conviction or acquittal of the accused or the
dismissal of the case for violation of this Decree shall be a bar to another
prosecution of the same accused for any offense where the violation of this
Decree was a necessary means for committing the offense or in furtherance of
which, incident to which, in connection with which, by reason of which, or on
occasion of which, the violation of this Decree was committed, and vice
versa.
"SEC. 4. Responsibility
and liability of Law Enforcement Agencies and Other Government Officials and
Employees in Testifying as Prosecution Witnesses. - Any member of law
enforcement agencies or any other government official and employee who, after
due notice, fails or refuses, intentionally or negligently, to appear as a
witness for the prosecution of the defense in any proceeding, involving violations
of this Decree, without any valid reason, shall be punished with reclusion
temporal and a fine of Five hundred Thousand pesos (P500,000.00) in
addition to the administrative liability he/she may be meted out by his/her
immediate superior and/or appropriate body.
"The immediate
superior of the member of the law enforcement agency or any other government
employee mentioned in the preceding paragraph shall be penalized with prision
correccional and a fine of not less than Ten Thousand pesos (P10,000.00) but
not more than Fifty thousand pesos (P50,000.00) and in addition, perpetual
absolute disqualification from public office if despite due notice to them
and to the witness concerned, the former does not exert reasonable effort to
present the latter to the court.
"The member of
the law enforcement agency or any other government employee mentioned in the
preceding paragraphs shall not be transferred or reassigned to any other
government office located in another territorial jurisdiction during the
pendency of the case in court. However, the concerned member of the law
enforcement agency or government employee may be transferred or reassigned
for compelling reasons: Provided, That his/her immediate superior
shall notify the court where the case is pending of the order to transfer or
reassign, within twenty-four (24) hours from its approval: Provided, further,
That his/her immediate superior shall be penalized with prision
correccional and a fine of not less than Ten thousand pesos (P10,000.00)
but not more than Fifty thousand pesos (P50,000.00) and in addition,
perpetual absolute disqualification from public office, should he/she fail to
notify the court of such order to transfer or reassign.
"Prosecution and
punishment under this Section shall be without prejudice to any liability for
violation of any existing law.
"SEC 4-A. Criminal
Liability for Planting of Evidence. - Any person who is found guilty of
'planting' any explosive or incendiary device or any part, ingredient,
machinery, tool or instrument of any explosive or incendiary device, whether
chemical, mechanical, electronic, electrical or otherwise, shall suffer the
penalty of reclusion perpetua.
"Planting of
evidence shall mean the willful act by any person of maliciously and
surreptitiously inserting, placing, adding or attaching, directly or
indirectly, through any overt or covert act, whatever quantity of any
explosive or incendiary device or any part, ingredient, machinery, tool or
instrument of any explosive or incendiary device, whether chemical,
mechanical, electronic, electrical or otherwise in the person, house, effects
or in the immediate vicinity of an innocent individual for the purpose of
implicating incriminating or imputing the commission of any violation of this
Decree.
"SEC. 4-B. Continuous
Trial. - In cases involving violations of this Decree, the judge shall
set the case for continuous trial on a daily basis from Monday to Friday or
other short-term trial calendar so as to ensure speedy trial. Such case shall
be terminated within ninety (90) days from arraignment of the accused.
"SEC. 4-C. Authority
to Import, Sell or Possess Chemicals or Accessories for Explosives. -
Only persons or entities issued a manufacturer's license, dealer's license or
purchaser's license by the Philippine National Police (PNP)-Firearms and
Explosives Division may import any of the chemical or accessories that can be
used in the manufacture of explosives or explosive ingredients from foreign
suppliers, or possess or sell them to licensed dealers or end users, as the
case may be.
"SEC. 4-D. Types
of Chemicals/Accessories Covered. - The chemicals and accessories
mentioned in the preceding Section shall exclusively refer to chlorates,
nitrates, nitric acid and such other chemicals and accessories that can be
used for the manufacture of explosives and explosive ingredients.
"SEC. 4-E. Record
of Transactions. - Any person or entity who intends to import, sell or
possess the aforecited chemicals or accessories shall file an application
with the chief of the PNP, stating therein the purpose for which the license
and/or permit is sought and such other information as may be required by the
said official. The concerned person or entity shall maintain a permanent
record of all transactions entered into in relation with the aforecited
chemicals or accessories, which documents shall be open to inspection by the
appropriate authorities.
"SEC. 4-F. Cancellation
of License. - Failure to comply with the provision of Section 4-C, 4-D
and 4-E shall be sufficient cause for the cancellation of the license and the
confiscation of all such chemicals or accessories, whether or not lawfully
imported, purchased or possessed by the subject person or entity."
Sec. 4. Separability Clause. -
If, for any reason, any provision of this Act is declared to be
unconstitutional or invalid, the other Sections or provisions thereof which
are not affected thereby shall continue to be in full force and effect.
Sec. 5. Repealing Clause. -
All laws, decrees, orders, rules and regulations or parts thereof inconsistent
with the provisions of this Act are hereby repealed, amended, or modified
accordingly.
Sec. 6. Effecfivity. -
This Act shall take effect after fifteen (15) days following its publication
in the Official Gazette or in two (2) newspapers of general circulation.
Approved
This Act which is a consolidation of Senate Bill
No. 2230 and House Bill No. 3242 was finally passed by the Senate and the
House of Representative on October 8, 2008 and November 24, 2008,
respectively.
Approved: DEC 22, 2008
(Sgd.) GLORIA
MACAPAGAL-ARROYO
President of the Philippines |
Wednesday, July 24, 2013
Republic Act No. 9516
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