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 Firea
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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 Firea
Presidential Decree No. 1866
June 29, 1983
Case Overview and Summary
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- Imposes the penalty of reclusion temporal in its maximum period to reclusion perpetua for unlawfully manufacturing, dealing in, acquiring, disposing, or possessing 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. (Section 1)
- If homicide or murder is committed with the use of an unlicensed firearm, the penalty of death shall be imposed. (Section 1)
- If the violation 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. (Section 1)
- Imposes the penalty of reclusion temporal in its maximum period to reclusion perpetua 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. (Section 1)
- Imposes the penalty of prision mayor upon any person who shall carry any licensed firearm outside his residence without legal authority therefor. (Section 1)
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 2)
Unlawful Manufacture, Sales, Acquisition, Disposition or Possession of Explosives
- Imposes the penalty of reclusion temporal in its maximum period to reclusion perpetua for unlawfully manufacturing, assembling, dealing in, acquiring, disposing or possessing 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. (Section 3)
- 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. (Section 3)
- If the violation 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. (Section 3)
- Imposes the penalty of reclusion temporal in its maximum period to reclusion perpetua 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 3)
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 4)
Tampering of Firearm's Serial Number
- Imposes the penalty of prision mayor upon any person who shall unlawfully tamper, change, deface or erase the serial number of any firearm. (Section 5)
Repacking or Altering the Composition of Lawfully Manufactured Explosives
- Imposes the penalty of prision mayor upon any person who shall unlawfully repack, alter or modify the composition of any lawfully manufactured explosives. (Section 6)
Unauthorized Issuance of Authority to Carry Firearm and/or Ammunition Outside of Residence
- Imposes the penalty of prision correccional upon any person, civilian or military, who shall issue authority to carry firearm and/or ammunition outside of residence, without authority therefor. (Section 7)
Rules and Regulations
- The Chief of the Philippine Constabulary shall promulgate the rules and regulations for the effective implementation of this Decree. (Section 8)
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 9)
Effectivity
- This Decree shall take effect after fifteen (15) days following the completion of its publication in the Official Gazette. (Section 10)
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Executive Issuances
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firearms
ammunition
explosives
unlawful manufacture
unlawful possession
unlawful sale
unlawful acquisition
unlawful disposition
handgrenades
rifle grenades
philbox bombs
molotov cocktail bombs
fire bombs
incendiary devices
rebellion
insurrection
subversion
tampering serial number
repacking explosives
altering composition of explosives
unauthorized issuance of authority to carry firearms
rules and regulations
repealing clause
effectivity
Law
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 Firea
Presidential Decree No. 1866
•June 29, 1983
Republic of the Philippines
MALACAÑANG
M a n i l a
Presidential Decree No. 1866             June 29, 1983
Amended by RA 9516 "Section 3 and 4"
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"
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;
WHEREAS, these criminal acts have resulted in loss of human lives, damage to property and destruction of valuable resources of the country;
WHEREAS, there are various laws and presidential decrees which penalized illegal possession and manufacture of firearms, ammunition and explosives;
WHEREAS, there is a need to consolidate, codify and integrate said laws and presidential decrees to harmonize their provisions;
WHEREAS, there are some provisions in said laws and presidential decrees which must be updated and...
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