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:cralaw
"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:cralaw
"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:cralaw
Sec. 4. Sec. 6 of Presidential
Decree No. 1866, as amended, is hereby further amended to read as
follows:cralaw
Sec. 5. Coverage of the
Term Unlicensed Firearm. — The term unlicensed firearm shall
include:cralaw
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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