Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand seven.

Republic Act No. 9516 December 22

Amending Section 3 and 4 of PD 1866

AN ACT FURTHER 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 OTHER RELEVANT PURPOSES

Acts punished:
1. Section 1. Section 3 of Presidential Decree No. 1866, as amended

Unlawful Manufacture, Sales, Acquisition, Disposition, Importation or Possession of an Explosive

or Incendiary Device:

- any person who shall willfully and unlawfully manufacture, assemble, deal in,
acquire, dispose, import or possess any explosive or incendiary device, with
knowledge of its existence and its explosive or incendiary character, where the
explosive or incendiary device is capable of producing destructive effect on
contiguous objects or causing injury or death to any person, including but not
limited to, hand grenade(s), rifle grenade(s), 'pillbox bomb', 'molotov cocktail
bomb', 'fire bomb', and other similar explosive and incendiary devices.
(a) Mere possession of any explosive or incendiary device shall be prima facie evidence that the
person had knowledge of the existence and the explosive or incendiary character of the device.
(b) Temporary, incidental, casual, harmless, or transient possession or control of any explosive or
incendiary device, without the knowledge of its existence or its explosive or incendiary
character, shall not be a violation of this Section.
(c) That the temporary, incidental, casual, harmless, or transient possession or control of any
explosive or incendiary device for the sole purpose of surrendering it to the proper authorities
shall not be a violation of this Section.
(d) In addition to the instances provided in the two (2) immediately preceeding paragraphs, the
court may determine the absence of the intent to possess, otherwise referred to as 'animus
possidendi", in accordance with the facts and circumstances of each case and the application of
other pertinent laws, among other things, Articles 11 and 12 of the Revised Penal Code, as
amended.”

2. Section 2. Section 4 of Presidential Decree No. 1866, as amended, is hereby further amended

Unlawful Manufacture, Sales, Acquisition, Disposition, Importation or Possession of a Part,

Ingredient, Machinery, Tool or Instrument Used or Intended to be Used for the Manufacture,
Construction, Assembly, Delivery or Detonation

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 - where the explosive or incendiary device is capable or is intended to be made
capable of producing destructive effect on contiguous objects or causing injury or
death to any person.
(a) the mere possession of any part, ingredient, machinery, tool or instrument directly used, by
any person whose business activity, or employment does not lawfully deal with the
possession of such article shall be prima facie evidence that such article is intended to be
used in the unlawful/illegal manufacture, construction, assembly, delivery or detonation
of an explosive or incendiary device.
(b) That a temporary incidental, casual, harmless or transient possession or control of any
part, machinery, tool or instrument directly used in the manufacture, construction,
assembly, delivery or detonation of any explosive or incendiary device, without the
knowledge of its existence or character as part, ingredient, machinery, tool or instrument
directly used in the manufacture, construction, assembly, delivery or detonation of any
explosive or incendiary device, shall not be a violation of this Section.
(c) the temporary, incidental, casual, harmless, or transient possession or control of any part,
ingredient, machinery, tool or instrument directly used in the manufacture, construction,
assembly, delivery or detonation of any explosive or incendiary device for the sole purpose
of surrendering it to the proper authorities shall not be a violation of this Section.
(d) the court may determine the absence of the intent to possess, otherwise referred to as
'animus possidendi',

3. New Section 3-B, 3-C, 3-D, 4, 4-A, 4-B, 4-C, 4-D, 4-E, 4-E and 4-F in Presidential Decree No. 1866

(3-B) Penalty for the Owner, President, Manager, Director or Other Responsible Officer of Any Public or
Private Firm, Company, Corporation or Entity:

- The penalty of reclusion perpetua, who shall willfully or knowingly allow any
explosive or incendiary device or parts thereof owned or controlled by such firm,
company, corporation or entity to be used by any person or persons found guilty of
violating the provisions

(3-C) Relationship of Other Crimes with a Violation of this Decree and the Penalty Therefor

When a violation of Section 3, 3-A or 3-B of this Decree is a necessary means for committing
any of the crimes defined in the Revised Penal Code or special laws, or is in furtherance of,
incident to, in connection with, by reason of, or on occassion of any of the crimes defined in
the Revised Penal Code or special laws, , the penalty of reclusion perpetua and a fine ranging from
One hundred Thousand pesos (P100,000.00) to One million pesos (P1,000,000.00) shall be imposed.

(3-D) . Former Conviction or Acquittal; Double Jeopardy

- if the application thereof is more favorable to the accused, the conviction or

acquittal of the accused or the dismissal of the case for violation of this Decree
shall be a bar to another prosecution of the same accused for any offense where
the violation of this Decree was a necessary means for committing the offense or
in furtherance of which, incident to which, in connection with which, by reason of

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 which, or on occasion of which, the violation of this Decree was committed, and
vice versa.

4. Responsibility and liability of Law Enforcement Agencies and Other Government Officials and
Employees in Testifying as Prosecution Witnesses

- Any member of law enforcement agencies or any other government official and employee
who, after due notice, fails or refuses, intentionally or negligently, to appear as a witness for
the prosecution of the defense in any proceeding, involving violations of this Decree, without
any valid reason shall be punished with reclusion temporal and a fine of Five hundred Thousand
pesos (P500,000.00) in addition to the administrative liability he/she may be meted out by his/her
immediate superior and/or appropriate body.

- "The immediate superior of the member of the law enforcement agency or any other government
employee mentioned in the preceding paragraph shall be penalized with prision correccional and a
fine of not less than Ten Thousand pesos (P10,000.00) but not more than Fifty thousand pesos
(P50,000.00) and in addition, perpetual absolute disqualification from public office if despite due
notice to them and to the witness concerned, the former does not exert reasonable effort to present
the latter to the court.

- The member of the law enforcement agency or any other government employee shall
not be transferred or reassigned to any other government office located in another
territorial jurisdiction during the pendency of the case in court. However, the
concerned member of the law enforcement agency or government employee may be
transferred or reassigned for compelling reasons:

* (1) That his/her immediate superior shall notify the court where the case is
pending of the order to transfer or reassign, within twenty-four (24) hours from its
approval

(2) That his/her immediate superior shall be penalized penalized with prision
correccional and a fine of not less than Ten thousand pesos (P10,000.00) but not more
than Fifty thousand pesos (P50,000.00) and in addition, perpetual absolute
disqualification from public office,should he/she fail to notify the court of such order to
transfer or reassign.

4-A. Any person who is found guilty of 'planting' any explosive or incendiary device or any part,
ingredient, machinery, tool or instrument of any explosive or incendiary device, whether chemical,
mechanical, electronic, electrical or otherwise, shall suffer the penalty of reclusion perpetua.

- "Planting of evidence shall mean the willful act by any person of maliciously and
surreptitiously inserting, placing, adding or attaching, directly or indirectly,

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 through any overt or covert act, whatever quantity of any explosive or incendiary
device, or in the person, house, effects or in the immediate vicinity of an innocent
individual purpose of implicating incriminating or imputing the commission of any
violation of this Decree

4-B. the judge shall set the case for continuous trial on a daily basis from Monday to Friday or other
short-term trial calendar so as to ensure speedy trial. Such case shall be terminated within ninety (90)
days from arraignment of the accused

4-C. 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 any of the chemical or
accessories that can be used in the manufacture of explosives or explosive ingredients from foreign
suppliers, or possess or sell them to licensed dealers or end users, as the case may be.

4-D. The chemicals and accessories mentioned in the preceding Section shall 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.

4-E. . Record of Transactions. - Any person or entity who intends to import, sell or possess the chemicals
or accessories shall file an application with the chief of the PNP, stating therein the purpose for which
the license and/or permit is sought and such other information as may be required by the said official.
The concerned person or entity shall maintain a permanent record of all transactions entered into in
relation with the chemicals or accessories, which documents shall be open to inspection by the
appropriate authorities.

4-F. Cancellation of License. - Failure to comply with the provision of Section 4-C, 4-D and 4-E shall be
sufficient cause for the cancellation of the license and the confiscation of all such chemicals or
accessories, whether or not lawfully imported, purchased or possessed by the subject person or
entity."

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