AN ACT AMENDING THE PROVISIONS OF PRESIDENTIAL DECREE NO. 1866
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AN ACT AMENDING THE PROVISIONS OF PRESIDENTIAL DECREE NO. 1866
Republic Act No. 8294
June 6, 1997
Case Overview and Summary
Summary of Republic Act No. 8294Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of Firearms or Ammunition
- Penalty of prision correccional maximum and fine of at least ₱15,000 for unlawful manufacture, dealing, acquisition, disposition or possession of low-powered firearms like rimfire handguns, .380 or .32 caliber, firearm parts, ammunition or tools for manufacturing firearms/ammunition. (Section 1)
- Penalty of prision mayor minimum and fine of ₱30,000 for high-powered firearms with bores bigger than .38 caliber and 9mm, like .40, .41, .44, .45 caliber, and powerful firearms like .357 and .22 center-fire magnum. (Section 1)
- Use of unlicensed firearm in committing homicide or murder is an aggravating circumstance. (Section 1)
- Violation in furtherance of rebellion, insurrection, sedition or attempted coup d'etat is absorbed as an element of those crimes. (Section 1)
- Same penalty for company officers who allow use of company's firearms by violators or unlicensed persons. (Section 1)
- Penalty of arresto mayor for carrying licensed firearm outside residence without legal authority. (Section 1)
Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of Explosives
- Penalty of prision mayor maximum to reclusion temporal and fine of at least ₱50,000 for unlawful manufacture, assembly, dealing, acquisition, disposition or possession of hand grenades, rifle grenades and other explosives like "pillbox", "molotov cocktail bombs", "fire bombs" or incendiary devices. (Section 2)
- Use of explosives in committing crimes resulting in death is an aggravating circumstance. (Section 2)
- Violation in furtherance of rebellion, insurrection, sedition or attempted coup d'etat is absorbed as an element of those crimes. (Section 2)
- Same penalty for company officers who allow use of company's explosives by violators. (Section 2)
Tampering of Firearm's Serial Number
- Penalty of prision correccional for unlawfully tampering, changing, defacing or erasing the serial number of any firearm. (Section 3)
Repacking or Altering Composition of Lawfully Manufactured Explosives
- Penalty of prision correccional for unlawfully repacking, altering or modifying the composition of any lawfully manufactured explosives. (Section 4)
Coverage of Unlicensed Firearm
- Unlicensed firearm includes firearms with expired licenses or unauthorized use of licensed firearms in commission of a crime. (Section 5)
Rules and Regulations
- Department of Justice and Department of the Interior and Local Government shall jointly issue rules and regulations on administrative aspects within 90 days, providing copies to Congress within 30 days. (Section 6)
Separability Clause, Repealing Clause and Effectivity
- Provisions are separable if any part is declared unconstitutional. (Section 7)
- Repeals inconsistent laws, decrees, orders, rules and regulations. (Section 8)
- Takes effect 15 days after publication in Official Gazette or two newspapers of general circulation. (Section 9)
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Republic Acts
firearms
ammunition
explosives
unlawful possession
unlawful manufacture
unlawful sale
unlawful acquisition
unlawful disposition
penalties
aggravating circumstances
rebellion
insurrection
sedition
attempted coup d'etat
tampering serial numbers
repacking explosives
altering composition of explosives
unlicensed firearms
expired licenses
unauthorized use of licensed firearms
Law
AN ACT AMENDING THE PROVISIONS OF PRESIDENTIAL DECREE NO. 1866
Republic Act No. 8294
•June 6, 1997
Republic of the Philippines
Congress of the Philippines
Metro Manila
Tenth Congress
Republic Act No. 8294             June 6, 1997
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."
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
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,...
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