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PRESIDENTIAL DECREE NO. 1866
PRESIDENTIAL DECREE NO. 1866 -
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
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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;chanroblesvirtualawlibrary
WHEREAS, these criminal acts have resulted in loss of human lives,
damage to property and destruction of valuable resources of the
country; chanroblesvirtualawlibrary
WHEREAS, there are various laws and presidential decrees which
penalized illegal possession and manufacture of firearms, ammunition
and explosives;chanroblesvirtualawlibrary
WHEREAS, there is a need to consolidate, codify and integrate said laws
and presidential decrees to harmonize their provisions;chanroblesvirtualawlibrary
WHEREAS, there are some provisions in said laws and presidential
decrees which must be updated and revised in order to more effectively
deter violators of the law on firearms, ammunition and explosives.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers in me vested by the Constitution, do hereby
decree: chanroblesvirtualawlibrary
Section 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. —
The penalty of reclusion temporal in its maximum period to reclusion
perpetua shall be imposed upon any person who shall unlawfully
manufacture, deal in, acquire, 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.
If homicide or murder is committed with the use of an unlicensed
firearm, the penalty of death shall be imposed.
If the violation of this Section is in furtherance of, or incident to,
or in connection with the crimes of rebellion, insurrection or
subversion, the penalty of death shall be imposed.
The penalty of reclusion temporal in its maximum period to 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 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.
The penalty of prision mayor shall be imposed upon any person who
shall carry any licensed firearm outside his residence without legal
authority therefor.
Section 2. Presumption of Illegal Manufacture of
Firearms or Ammunition. — The possession of any machinery, tool or
instrument used directly in the manufacture of firearms or ammunition,
by any person whose business or employment does not lawfully deal with
the manufacture of firearms or ammunition, shall be prima facie
evidence that such article is intended to be used in the
unlawful/illegal manufacture of firearms or ammunition.
Section 3. Unlawful Manufacture, Sales, Acquisition,
Disposition or Possession of Explosives. — The penalty of reclusion
temporal in its maximum period to reclusion perpetua shall be imposed
upon any person who shall unlawfully manufacture, assemble, deal in,
acquire, dispose or possess handgrenade(s), rifle grenade(s) and other
explosives, including but not limited to "philbox bombs", "molotov
cocktail bomb", "fire-bombs", or other incendiary devices capable of
producing destructive effect on contiguous objects or causing injury or
death to any person.
Any person who 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 shall be punished with the penalty of death.
If the violation of this Section is in furtherance of, or incident to,
or in connection with the crimes of rebellion, insurrection or
subversion, the penalty of death shall be imposed. chanroblesvirtualawlibrary
The penalty of reclusion temporal in its maximum period to 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 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.
Section 4. Presumption of Unlawful Manufacture. — The
possession of any machinery, tool or instrument directly used in the
manufacture of explosives, by any person whose business or employment
does not lawfully deal with the manufacture of explosives shall be
prima facie evidence that such article is intended to be used in the
unlawful/illegal manufacture of explosives.
Section 5. Tampering of Firearm's Serial Number. —
The penalty of prision mayor shall be imposed upon any person who
shall unlawfully tamper, change, deface or erase the serial number of
any firearm.
Section 6. Repacking or Altering the Composition of
Lawfully Manufactured Explosives. — The penalty of prision mayor
shall be imposed upon any person who shall unlawfully repack, alter or
modify the composition of any lawfully manufactured explosives.
Section 7. Unauthorized Issuance of Authority to
Carry Firearm and/or Ammunition Outside of Residence. — The penalty
of prision correccional shall be imposed upon any person,
civilian or military, who shall issue authority to carry firearm and/or
ammunition outside of residence, without authority therefor. chanroblesvirtualawlibrary
Section 8. Rules and Regulations. — The Chief of the
Philippine Constabulary shall promulgate the rules and regulations for
the effective implementation of this Decree. chanroblesvirtualawlibrary
Section 9. Repealing Clause. — The provisions of
Republic Act No. 4, Presidential Decree No. 9, Presidential Decree No.
1728 and all laws, decrees, orders, instructions, rules and regulations
which are inconsistent with this Decree are hereby repealed, amended or
modified accordingly.
Section 10. Effectivity. — This Decree shall take
effect after fifteen (15) days following the completion of its
publication in the Official Gazette.
Done in the City of Manila,
this 29th day of June, in the year of Our Lord, nineteen hundred and
eighty-three.
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