AN ACT AMENDING THE PROVISIONS OF PRESIDENTIAL DECREE NO. 1866

Case Overview and Summary

Summary of Republic Act No. 8294

Unlawful 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)