Republic of the Philippines

MALACAANG
M a n i l a
Presidential Decree No. 1866 une !"# 1"8$
A%ended b& RA "'16 ()ection $ and *(
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WHEREAS, there has been an upsurge of crimes vitally affecting public order and
safety due to the proliferation of illegally possessed and manufactured firearms,
ammunition and explosives;
WHEREAS, these criminal acts have resulted in loss of human lives, damage to
property and destruction of valuable resources of the country;
WHEREAS, there are various las and presidential decrees hich penali!ed illegal
possession and manufacture of firearms, ammunition and explosives;
WHEREAS, there is a need to consolidate, codify and integrate said las and
presidential decrees to harmoni!e their provisions;
WHEREAS, there are some provisions in said las and presidential decrees hich
must be updated and revised in order to more effectively deter violators of the la on
firearms, ammunition and explosives"
#$W, %HERE&$RE, ', &ER('#A#( E" MAR)$S, *resident of the *hilippines, by
virtue of the poers in me vested by the )onstitution, do hereby decree+1awphi 1
)ection 1. Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of
Firearms or Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms of Ammunition , %he penalty of reclusion temporal in its
maximum period to reclusion perpetua shall be imposed upon any person ho shall
unlafully manufacture, deal in, ac-uire, 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"
'f homicide or murder is committed ith the use of an unlicensed firearm, the penalty of
death shall be imposed"
'f the violation of this Section is in furtherance of, or incident to, or in connection ith the
crimes of rebellion, insurrection or subversion, the penalty of death shall be imposed"
%he penalty of reclusion temporal in its maximum period to reclusion perpetua shall be
imposed upon the oner, president, manager, director or other responsible officer of
any public or private firm, company, corporation or entity, ho shall illfully or .noingly
allo any of the firearms oned 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"
%he penalty of prision mayor shall be imposed upon any person ho shall carry any
licensed firearm outside his residence ithout legal authority therefor"
)ection !. Presumption of Ille!al Manufacture of Firearms or Ammunition , %he
possession of any machinery, tool or instrument used directly in the manufacture of
firearms or ammunition, by any person hose business or employment does not
lafully deal ith the manufacture of firearms or ammunition, shall be prima facie
evidence that such article is intended to be used in the unlaful/illegal manufacture of
firearms or ammunition"
)ection $. Unlawful Manufacture, Sales, Acquisition, Disposition or Possession of
"#plosi$es , %he penalty of reclusion temporal in its maximum period to reclusion
perpetua shall be imposed upon any person ho shall unlafully manufacture,
assemble, deal in, ac-uire, dispose or possess handgrenade0s1, rifle grenade0s1 and
other explosives, including but not limited to 2philbox bombs2, 2molotov coc.tail bomb2,
2fire,bombs2, or other incendiary devices capable of producing destructive effect on
contiguous ob3ects or causing in3ury or death to any person"1awphi1I%&
Any person ho commits any of the crimes defined in the Revised *enal )ode or
special las ith the use of the aforementioned explosives, detonation agents or
incendiary devices, hich results in the death of any person or persons shall be
punished ith the penalty of death"
'f the violation of this Section is in furtherance of, or incident to, or in connection ith the
crimes of rebellion, insurrection or subversion, the penalty of death shall be imposed"
%he penalty of reclusion temporal in its maximum period to reclusion perpetua shall be
imposed upon the oner, president, manager, director or other responsible officer of
any public or private firm, company, corporation or entity, ho shall illfully or .noingly
allo any of the explosives oned 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"
)ection *. Presumption of Unlawful Manufacture , %he possession of any machinery,
tool or instrument directly used in the manufacture of explosives, by any person hose
business or employment does not lafully deal ith the manufacture of explosives shall
be prima facie evidence that such article is intended to be used in the unlaful/illegal
manufacture of explosives"
)ection '. %amperin! of Firearm's Serial (umber , %he penalty of prision mayor shall
be imposed upon any person ho shall unlafully tamper, change, deface or erase the
serial number of any firearm"
)ection 6. )epac*in! or Alterin! the &omposition of +awfull, Manufactured
"#plosi$es , %he penalty of prision mayor shall be imposed upon any person ho shall
unlafully repac., alter or modify the composition of any lafully manufactured
explosives"
)ection 8. Unauthori-ed Issuance of Authorit, to &arr, Firearm and.or Ammunition
/utside of )esidence , %he penalty of prision correccional shall be imposed upon any
person, civilian or military, ho shall issue authority to carry firearm and/or ammunition
outside of residence, ithout authority therefor"
)ection 8. )ules and )e!ulations , %he )hief of the *hilippine )onstabulary shall
promulgate the rules and regulations for the effective implementation of this (ecree"
)ection ". )epealin! &lause , %he provisions of Republic Act #o" 4, *residential
(ecree #o" 5, *residential (ecree #o" 6789 and all las, decrees, orders, instructions,
rules and regulations hich are inconsistent ith this (ecree are hereby repealed,
amended or modified accordingly"
)ection 19. "ffecti$it, , %his (ecree shall ta.e effect after fifteen 06:1 days folloing
the completion of its publication in the $fficial ;a!ette"
(one in the )ity of Manila, this 85th day of <une, in the year of $ur =ord, nineteen
hundred and eighty,three"
Republic of the Philippines
Con:ress of the Philippines
Metro Manila
-ourteenth Con:ress
)econd Re:ular )ession
>egun and held in Metro Manila, on Monday, the tenty,third day of <uly, to thousand
seven"
Republic Act No. "'16 Dece%ber !!
Amending Section ? and 4 of *( 69@@
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0e it enacted b, the Senate and 1ouse of )epresentati$es of the Philippines in
&on!ress assembled2+
)ection 1. Section ? of *residential (ecree #o" 69@@, as amended, is hereby further
amended to read as follos+
2Section ?" Unlawful Manufacture, Sales, Acquisition, Disposition, Importation or
Possession of an "#plosi$e or Incendiar, De$ice" , %he penalty of reclusion
perpetua shall be imposed upon any person ho shall illfully and unlafully
manufacture, assemble, deal in, ac-uire, dispose, import or possess any
explosive or incendiary device, ith .noledge of its existence and its explosive
or incendiary character, here the explosive or incendiary device is capable of
producing destructive effect on contiguous ob3ects or causing in3ury or death to
any person, including but not limited to, hand grenade0s1, rifle grenade0s1, Apillbox
bombA, Amolotov coc.tail bombA, Afire bombA, and other similar explosive and
incendiary devices"
2Pro$ided, %hat mere possession of any explosive or incendiary device shall
be prima facie evidence that the person had .noledge of the existence and the
explosive or incendiary character of the device"
2Pro$ided, howe$er, %hat a temporary, incidental, casual, harmless, or transient
possession or control of any explosive or incendiary device, ithout the
.noledge of its existence or its explosive or incendiary character, shall not be a
violation of this Section"
2Pro$ided, Further, %hat 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"
2Pro$ided, finall,, %hat in addition to the instances provided in the to 081
immediately preceeding paragraphs, the court may determine the absence of the
intent to possess, otherise referred to as 'animus possidendi2, in accordance
ith the facts and circumstances of each case and the application of other
pertinent las, among other things, Articles 66 and 68 of the Revised *enal
)ode, as amended"2
)ection !. Section 4 of *residential (ecree #o" 69@@, as amended, is hereby further
amended to read as follos+
2SE) ?,A" Unlawful Manufacture, Sales, Acquisition, Disposition, Importation or
Possession of a Part, In!redient, Machiner,, %ool or Instrument Used or Intended
to be Used for the Manufacture, &onstruction, Assembl,, Deli$er, or Detonation"
, %he penalty of reclusion perpetua shall be imposed upon any person ho shall
illfully and unlafully manufacture, assemble, deal in, ac-uire, dispose, import
or possess any part, ingredient, machinery, tool or instrument of any explosive or
incendiary device, hether chemical, mechanical, electronic, electrical or
otherise, used or intended to be used by that person for its manufacture,
construction, assembly, delivery or detonation, here the explosive or incendiary
device is capable or is intended to be made capable of producing destructive
effect on contiguous ob3ects or causing in3ury or death to any person"
2Pro$ided, %hat the mere possession of any part, ingredient, machinery, tool or
instrument directly used in the manufacture, construction, assembly, delivery or
detonation of any explosive or incendiary device, by any person hose business
activity, or employment does not lafully deal ith the possession of such article
shall be prima facie evidence that such article is intended to be used by that
person in the unlaful/illegal manufacture, construction, assembly, delivery or
detonation of an explosive or incendiary device"
2Pro$ided, howe$er, %hat a temporary incidental, casual, harmless or transient
possession or control of any part, machinery, tool or instrument directly used in
the manufacture, construction, assembly, delivery or detonation of any explosive
or incendiary device, ithout the .noledge of its existence or character as part,
ingredient, machinery, tool or instrument directly used in the manufacture,
construction, assembly, delivery or detonation of any explosive or incendiary
device, shall not be a violation of this Section"
2Pro$ided, Further, %hat 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"
2Pro$ided, finall,, %hat in addition to the instances provided in the to 081
immediately preceeding paragraphs, the court may determine the absence of the
intent to possess, otherise referred to as Aanimus possidendiA, in accordance
ith the facts and circumstances of each case and the application of other
pertinent las, among other things, Articles 66 and 68 of the Revised *enal
)ode, as amended"2
)ection $. 'nsert a ne Section ?,>, ?,), ?,(, 4, 4,A, 4,>, 4,), 4,(, 4,E, 4,E and 4,& in
*residential (ecree #o" 69@@ to read as follos+
2SE)" ?,>" Penalt, for the /wner, President, Mana!er, Director or /ther
)esponsible /fficer of An, Public or Pri$ate Firm, &ompan,, &orporation or
"ntit," , %he penalty of reclusion perpetua shall be imposed upon the oner,
president, manager, director or other responsible officer of any public or private
firm, company, corporation or entity, ho shall illfully or .noingly allo any
explosive or incendiary device or parts thereof oned 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"
2SE)" ?,)" )elationship of /ther &rimes with a 3iolation of this Decree and the
Penalt, %herefor" , When a violation of Section ?, ?,A or ?,> of this (ecree is a
necessary means for committing any of the crimes defined in the Revised *enal
)ode or special las, or is in furtherance of, incident to, in connection ith, by
reason of, or on occassion of any of the crimes defined in the Revised *enal
)ode or special las, the penalty of reclusion perpetua and a fine ranging from
$ne hundred %housand pesos 0*6BB,BBB"BB1 to $ne million pesos
0*6,BBB,BBB"BB1 shall be imposed"
2SE)" ?,(" Former &on$iction or Acquittal4 Double 5eopard," , Sub3ect to the
provisions of the Rules of )ourt on double 3eopardy, if the application thereof is
more favorable to the accused, the conviction or ac-uittal of the accused or the
dismissal of the case for violation of this (ecree shall be a bar to another
prosecution of the same accused for any offense here the violation of this
(ecree as a necessary means for committing the offense or in furtherance of
hich, incident to hich, in connection ith hich, by reason of hich, or on
occasion of hich, the violation of this (ecree as committed, and vice versa"
2SE)" 4" )esponsibilit, and liabilit, of +aw "nforcement A!encies and /ther
6o$ernment /fficials and "mplo,ees in %estif,in! as Prosecution 7itnesses" ,
Any member of la enforcement agencies or any other government official and
employee ho, after due notice, fails or refuses, intentionally or negligently, to
appear as a itness for the prosecution of the defense in any proceeding,
involving violations of this (ecree, ithout any valid reason, shall be punished
ith reclusion temporal and a fine of &ive hundred %housand pesos
0*:BB,BBB"BB1 in addition to the administrative liability he/she may be meted out
by his/her immediate superior and/or appropriate body"
2%he immediate superior of the member of the la enforcement agency or any
other government employee mentioned in the preceding paragraph shall be
penali!ed ith prision correccional and a fine of not less than %en %housand
pesos 0*6B,BBB"BB1 but not more than &ifty thousand pesos 0*:B,BBB"BB1 and in
addition, perpetual absolute dis-ualification from public office if despite due
notice to them and to the itness concerned, the former does not exert
reasonable effort to present the latter to the court"
2%he member of the la enforcement agency or any other government employee
mentioned in the preceding paragraphs shall not be transferred or reassigned to
any other government office located in another territorial 3urisdiction during the
pendency of the case in court" Hoever, the concerned member of the la
enforcement agency or government employee may be transferred or reassigned
for compelling reasons+ Pro$ided, %hat his/her immediate superior shall notify the
court here the case is pending of the order to transfer or reassign, ithin
tenty,four 0841 hours from its approval+ Pro$ided, further, %hat his/her
immediate superior shall be penali!ed ith prision correccional and a fine of not
less than %en thousand pesos 0*6B,BBB"BB1 but not more than &ifty thousand
pesos 0*:B,BBB"BB1 and in addition, perpetual absolute dis-ualification from
public office, should he/she fail to notify the court of such order to transfer or
reassign"
2*rosecution and punishment under this Section shall be ithout pre3udice to any
liability for violation of any existing la"
2SE) 4,A" &riminal +iabilit, for Plantin! of "$idence" , Any person ho is found
guilty of AplantingA any explosive or incendiary device or any part, ingredient,
machinery, tool or instrument of any explosive or incendiary device, hether
chemical, mechanical, electronic, electrical or otherise, shall suffer the penalty
of reclusion perpetua"
2*lanting of evidence shall mean the illful act by any person of maliciously and
surreptitiously inserting, placing, adding or attaching, directly or indirectly,
through any overt or covert act, hatever -uantity of any explosive or incendiary
device or any part, ingredient, machinery, tool or instrument of any explosive or
incendiary device, hether chemical, mechanical, electronic, electrical or
otherise 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 (ecree"
2SE)" 4,>" &ontinuous %rial" , 'n cases involving violations of this (ecree, the
3udge shall set the case for continuous trial on a daily basis from Monday to
&riday or other short,term trial calendar so as to ensure speedy trial" Such case
shall be terminated ithin ninety 05B1 days from arraignment of the accused"
2SE)" 4,)" Authorit, to Import, Sell or Possess &hemicals or Accessories for
"#plosi$es" , $nly persons or entities issued a manufacturerAs license, dealerAs
license or purchaserAs license by the *hilippine #ational *olice 0*#*1,&irearms
and Explosives (ivision may import any of the chemical or accessories that can
be used in the manufacture of explosives or explosive ingredients from foreign
suppliers, or possess or sell them to licensed dealers or end users, as the case
may be"
2SE)" 4,(" %,pes of &hemicals.Accessories &o$ered" , %he 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"
2SE)" 4,E" )ecord of %ransactions" , Any person or entity ho intends to import,
sell or possess the aforecited chemicals or accessories shall file an application
ith the chief of the *#*, stating therein the purpose for hich the license and/or
permit is sought and such other information as may be re-uired by the said
official" %he concerned person or entity shall maintain a permanent record of all
transactions entered into in relation ith the aforecited chemicals or accessories,
hich documents shall be open to inspection by the appropriate authorities"
2SE)" 4,&" &ancellation of +icense" , &ailure to comply ith the provision of
Section 4,), 4,( and 4,E shall be sufficient cause for the cancellation of the
license and the confiscation of all such chemicals or accessories, hether or not
lafully imported, purchased or possessed by the sub3ect person or entity"2
)ec. *. Separability Clause. , 'f, for any reason, any provision of this Act is declared to
be unconstitutional or invalid, the other Sections or provisions thereof hich are not
affected thereby shall continue to be in full force and effect"
)ec. '. Repealing Clause. , All las, decrees, orders, rules and regulations or parts
thereof inconsistent ith the provisions of this Act are hereby repealed, amended, or
modified accordingly"
)ec. 6. Effecfivity. , %his Act shall ta.e effect after fifteen 06:1 days folloing its
publication in the $fficial ;a!ette or in to 081 nespapers of general circulation"
Approved
0Sgd"1 PR+)P1R+ C.
N+GRAL1)
0Sgd"1 MANN. 7,LLAR
*resident of the Senate
Spea.er of the House of
Representatives
%his Act hich is a consolidation of Senate >ill #o" 88?B and House >ill #o" ?848 as
finally passed by the Senate and the House of Representative on $ctober 9, 8BB9 and
#ovember 84, 8BB9, respectively"
0Sgd"1 MAR,L.N ;. ;AR4A<
.AP
Secretary ;eneral
House of Represenatives
0Sgd"1 1MMA L,R,+<R1.1)
Secretary of Senate
Approved+ D1C !!# !998
0Sgd"1 GL+R,A MACAPAGAL<ARR+.+
President of the Philippines