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This page features the full text of
Republic Act No. 8294.
AN ACT
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 RELEVANT
PURPOSES."
REPUBLIC ACT NO.
8294
AN ACT
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 RELEVANT
PURPOSES."
Section 1. Sec. 1 Presidential
Decree No. 1866, as amended, is hereby further amended to read as
follows:
"Sec. 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 or ammunition. — The penalty of prision correccional in
its maximum period and a fine of not less than Fifteen thousand pesos
(P15,000)
shall be imposed upon any person who shall unlawfully manufacture, deal
in, acquire, dispose, or possess any low powered firearm, such as
rimfire
handgun, .380 or .32 and other firearm of similar firepower, part of
firearm,
ammunition, or machinery, tool or instrument used or intended to be
used
in the manufacture of any firearm or ammunition: Provided, That
no other crime was committed.
"The penalty of prision
mayor in its minimum period and a fine of Thirty thousand pesos
(P30,000)
shall be imposed if the firearm is classified as high powered firearm
which
includes those with bores bigger in diameter than .38 caliber and 9
millimeter
such as caliber .40, .41, .44, .45 and also lesser calibered firearms
but
considered powerful such as caliber .357 and caliber .22 center-fire
magnum
and other firearms with firing capability of full automatic and by
burst
of two or three: Provided, however, That no other crime was
committed
by the person arrested.
"If homicide or
murder
is
committed with the use of an unlicensed firearm, such use of an
unlicensed
firearm shall be considered as an aggravating circumstance.
"If the violation of
this Sec. is in furtherance of or incident to, or in connection with
the
crime of rebellion or insurrection, sedition, or attempted coup d'etat,
such violation shall be absorbed as an element of the crime of
rebellion,
or insurrection, sedition, or attempted coup d'etat.
"The same penalty
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 of the firearms owned 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 or
willfully or knowingly allow any of them to use unlicensed firearms or
firearms without any legal authority to be carried outside of their
residence
in the course of their employment.
"The penalty of arresto
mayor shall be imposed upon any person who shall carry any licensed
firearm outside his residence without legal authority therefor."
Sec. 2. Sec. 3 of Presidential
Decree No. 1866, as amended, is hereby further amended to read as
follows:
"Sec. 3. Unlawful
manufacture, sale, acquisition, disposition or possession of
explosives. — The penalty of prision mayor in its maximum
period to
reclusion
temporal and a fine of not less than Fifty thousand pesos (P50,000)
shall
be imposed upon any person who shall unlawfully manufacture, assemble,
deal in, acquire, dispose or possess hand grenade(s), rifle grenade(s),
and other explosives, including but not limited to 'pillbox,' 'molotov
cocktail bombs,' 'fire bombs,' or other incendiary devices capable of
producing
destructive effect on contiguous objects or causing injury or death to
any person.
"When a person
commits
any
of the crimes defined in the Revised Penal Code or special laws with
the
use of the aforementioned explosives, detonation agents or incendiary
devices,
which results in the death of any person or persons, the use of such
explosives,
detonation agents or incendiary devices shall be considered as an
aggravating
circumstance.
"If the violation of
this Sec. is in furtherance of, or incident to, or in connection with
the
crime of rebellion, insurrection, sedition or attempted coup d'etat,
such violation shall be absorbed as an element of the crimes of
rebellion,
insurrection, sedition or attempted coup d'etat.
"The same penalty
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 of the explosives owned 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. Sec. 5 of Presidential
Decree No. 1866, as amended, is hereby further amended to read as
follows:
"Sec. 5. Tampering
of firearm's serial number. — The penalty of prision
correccional
shall be imposed upon any person who shall unlawfully tamper, change,
deface
or erase the serial number of any firearm."
Sec. 4. Sec. 6 of Presidential
Decree No. 1866, as amended, is hereby further amended to read as
follows:
"Sec. 6. Repacking
or altering the composition of lawfully manufactured explosives. —
The penalty of prision correccional shall be imposed upon any
person
who shall unlawfully repack, alter or modify the composition of any
lawfully
manufactured explosives."
Sec. 5. Coverage of the
Term Unlicensed Firearm. — The term unlicensed firearm shall
include:
1) firearms
with expired
license; or
2) unauthorized use
of
licensed
firearm in the commission of the crime.
Sec. 6. Rules and
regulations.
— The Department of Justice and the Department of the Interior and
Local
Government shall jointly issue, within ninety (90) days after the
approval
of this Act, the necessary rules and regulations pertaining to the
administrative
aspect of the provisions hereof, furnishing the Committee on Public
Order
and Security and the Committee on Justice and Human Rights of both
Houses
of Congress copies of such rules and regulations within thirty (30)
days
from the promulgation hereof.
Sec. 7. Separability
clause. — If, for any reason, any Sec. or provision of this Act
is declared to be unconstitutional or invalid, the other Sec.s or
provisions
thereof which are not affected thereby shall continue to be in full
force
and effect.
Sec. 8. 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. 9. Effectivity.
— 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:
June 6, 1997
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