AN ACT FURTHER AMENDING THE PROVISIONS OF PRESIDENTIAL DECREE NO. 1866

Case Overview and Summary

Summary of Republic Act No. 9516

Unlawful Manufacture, Sales, Acquisition, Disposition, Importation or Possession of Explosives or Incendiary Devices
- Imposes the penalty of reclusion perpetua for willfully and unlawfully manufacturing, assembling, dealing in, acquiring, disposing, importing or possessing any explosive or incendiary device capable of causing destruction or injury/death. (Section 1)
- Mere possession is prima facie evidence of knowledge of the device's existence and explosive/incendiary character. (Section 1)
- Temporary, incidental, casual, harmless, or transient possession without knowledge of the device's existence or explosive/incendiary character is not a violation. (Section 1)
- Temporary possession for surrendering the device to authorities is not a violation. (Section 1)
- The court may determine the absence of intent to possess ('animus possidendi') based on the facts and circumstances. (Section 1)

Unlawful Manufacture, Sales, Acquisition, Disposition, Importation or Possession of Parts, Ingredients, Machinery, Tools or Instruments Used for Explosives or Incendiary Devices
- Imposes the penalty of reclusion perpetua for willfully and unlawfully manufacturing, assembling, dealing in, acquiring, disposing, importing or possessing any part, ingredient, machinery, tool or instrument used or intended for the manufacture, construction, assembly, delivery or detonation of an explosive or incendiary device capable of causing destruction or injury/death. (Section 2)
- Mere possession of such items by someone whose business does not lawfully deal with them is prima facie evidence of intent to use them for unlawful manufacture of explosives/incendiary devices. (Section 2)
- Temporary, incidental, casual, harmless, or transient possession without knowledge of the item's character is not a violation. (Section 2)
- Temporary possession for surrendering the item to authorities is not a violation. (Section 2)
- The court may determine the absence of intent to possess ('animus possidendi') based on the facts and circumstances. (Section 2)

Penalty for Responsible Officers of Firms/Entities
- Imposes the penalty of reclusion perpetua on the owner, president, manager, director or other responsible officer of any public or private firm, company, corporation or entity who willfully or knowingly allows any explosive/incendiary device or parts thereof owned or controlled by such entity to be used by any person found guilty of violating the law. (Section 3)

Relationship with Other Crimes and Penalties
- If a violation of the law is a necessary means for committing any crime defined in the Revised Penal Code or special laws, or is in furtherance of, incident to, in connection with, by reason of, or on occasion of any such crime, the penalty of reclusion perpetua and a fine ranging from ₱100,000.00 to ₱1,000,000.00 shall be imposed. (Section 3)
- Subject to the Rules of Court on double jeopardy, conviction/acquittal/dismissal for a violation of this law shall bar another prosecution for any offense where the violation was a necessary means for committing the offense or vice versa, if more favorable to the accused. (Section 3)

Responsibility and Liability of Law Enforcement Agencies and Government Officials/Employees
- Any law enforcement member or government official/employee who fails or refuses to appear as a witness in proceedings involving violations of this law, without valid reason, shall be punished with reclusion temporal and a fine of ₱500,000.00, in addition to administrative liability. (Section 4)
- The immediate superior of such witness shall be penalized with prision correccional and a fine of ₱10,000.00 to ₱50,000.00, and perpetual absolute disqualification from public office, if they do not exert reasonable effort to present the witness to the court. (Section 4)
- Such witnesses shall not be transferred or reassigned to another territorial jurisdiction during the pendency of the case, except for compelling reasons with notice to the court within 24 hours. Failure to notify shall be penalized as above. (Section 4)

Criminal Liability for Planting of Evidence
- Any person found guilty of 'planting' any explosive/incendiary device or parts thereof shall suffer the penalty of reclusion perpetua. (Section 4)
- 'Planting of evidence' means the willful act of maliciously and surreptitiously inserting, placing, adding or attaching such items to an innocent individual for the purpose of implicating them in a violation of this law. (Section 4)

Continuous Trial
- In cases involving violations of this law, the judge shall set the case for continuous trial on a daily basis from Monday to Friday or other short-term trial calendar to ensure speedy trial, to be terminated within 90 days from arraignment of the accused. (Section 4)

Authority to Import, Sell or Possess Chemicals or Accessories for Explosives
- Only persons or entities issued a manufacturer's license, dealer's license or purchaser's license by the Philippine National Police (PNP)-Firearms and Explosives Division may import, possess or sell chemicals or accessories that can be used in the manufacture of explosives or explosive ingredients. (Section 4)
- The chemicals and accessories covered exclusively refer to chlorates, nitrates, nitric acid and such other chemicals and accessories that can be used for the manufacture of explosives and explosive ingredients. (Section 4)
- Any person or entity intending to import, sell or possess such chemicals or accessories shall file an application with the PNP chief, stating the purpose and other required information, and shall maintain a permanent record of all transactions open to inspection by authorities. (Section 4)
- Failure to comply with the above shall be sufficient cause for cancellation of the license and confiscation of all such chemicals or accessories. (Section 4)

Separability Clause, Repealing Clause, and Effectivity
- If any provision is declared unconstitutional or invalid, the other provisions shall continue to be in full force and effect. (Section 4)
- All laws, decrees, orders, rules and regulations inconsistent with this Act are repealed, amended, or modified accordingly. (Section 5)
- This Act shall take effect 15 days after publication in the Official Gazette or in two newspapers of general circulation. (Section 6)