WHEREAS,
Presidential Decree No. 9, dated October 2, 1972, was adopted and
promulgated for the purpose of providing an effective deterrent to the
use of illegal firearms, explosives, and other deadly weapons, as means
for the commission and/or furtherance of subversion, rebellion,
insurrection, lawless violence, and widespread public disorder, which
problems and conditions gravely imperilled the existence and survival
of the State.
WHEREAS, in view of the recent bombings, arsons, and other acts of
terrorism and lawlessness committed or being carried out by the
radicals and other criminal elements in Metro Manila and in other parts
of the country, resulting in the loss of human lives, serious injuries
to innocent civilians, sizeable damage to property, and the waste and
destruction of valuable resources, there is an urgent necessity to
amend Presidential Decree No. 9, to better serve its purpose and insure
the complete success of the continuing efforts of the governmentmed at
solving the problems of subversion, rebellion, insurrection,
lawlessness, and public disorder, on the one hand, and the restoration
of normalcy in the country, on the other.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order and decree as follows:cralaw:red
Section 1. Paragraph 4 of Presidential Decree No. 9,
dated October 2, 1972, is hereby amended to read as follows:cralaw:red
"4. When the violation penalized in the preceding
paragraphs 2 and 3 is committed during the commission of or for the
purpose of committing, any other crime, the penalty shall be imposed
upon the offender in its maximum extent, in addition to the penalty
provided for the particular offense/s committed or intended to be
committed: Provided, however, that, any provision of law to the
contrary notwithstanding, any person who, with the use of deadly
weapons enumerated in the preceding paragraph 2, including hand
grenades, rifle grenades, and other type of explosives, commits any of
the crimes against persons or property as defined in the Revised Penal
Code, resulting in the death of the victims of such crimes, shall
suffer the mandatory penalty of death.
"The conspiracy of proposal, as these terms are defined in Article 8 of
the Revised Penal Code, as amended, to maliciously damage or destroy
any building, vehicle, or other personal or real property by means of
explosives, incendiary devices, or any similar agency or means of
destruction as those enumerated in the preceding paragraph 2, shall be
punished, respectively, by imprisonment of not more than six (6) years
and a fine of not more than ten thousand pesos (P10,000.00), and by
imprisonment of more than five (5) years and a fine of not more than
five thousand pesos (P5,000.00).
Section 2. This decree shall take effect immediately.
Done in the City of Manila,
this 8th day of October, in the year of Our Lord, nineteen hundred and
eighty.
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