Republic of the Philippines

Congress of the Philippines

Metro Manila

Fourteenth Congress

Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-eight day of

July, two thousand eight.

[REPUBLIC ACT NO. 9516]

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
RELEVANT PURPOSES”

Be it enacted by the Senate and House of Representatives of the

Philippines in Congress assembled:

SECTION 1. Section 3 of Presidential Decree No. 1866, as amended, is

hereby further amended to read as follows:

“SEC. 3. Unlawful Manufacture, Sales, Acquisition, Disposition,

Importation or Possession of an Explosive or Incendiary Device. – The
penalty of reclusion perpetua shall be imposed upon 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.

“Provided, That 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.

“Provided, however, That a 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.

“Provided, further, 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.

“Provided, finally, That in addition to the instances provided in the two

(2) immediately preceding paragraphs, the courts 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.”

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

hereby further amended to read as follows:

“SEC. 3-A. 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. – The penalty of reclusion perpetua
shall be imposed upon any person who shall willfully and unlawfully
manufacture, assemble, deal in, acquire, dispose, import or possess any
part, ingredient, machinery, tool or instrument of any explosive or
incendiary device, whether chemical, mechanical, electronic, electrical or
otherwise, used or intended to be used by that person for its
manufacture, construction, assembly, delivery or detonation, 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.

“Provided, That the mere possession of any part, ingredient, machinery,

tool or instrument directly used in the manufacture, construction,
assembly, delivery or detonation of any explosive or incendiary device, 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 by that person in the unlawful/illegal
manufacture, construction, assembly, delivery or detonation of an
explosive or incendiary device.

“Provided, however, 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.

“Provided, further, That 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.
“Provided, finally, That in addition to the instances provided in the two
(2) immediately preceding paragraphs, the courts 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.”

SEC. 3. Insert a new Section 3-B, 3-C, 3-D, 4, 4-A, 4-B, 4-C, 4-D, 4E
and 4-F in Presidential Decree No. 1866 to read as follows:

“SEC. 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 shall be imposed 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 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 of
the preceding paragraphs.

“SEC. 3-C. Relationship of Other Crimes with a Violation of this Decree

and the Penalty Therefor. – When a violation of Sections 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 occasion 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.

“SEC. 3-D. Former Conviction or Acquittal; Double Jeopardy. – Subject to

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

“SEC. 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 or
the defense in any proceeding, involving violations of this Decree, without
any valid reason, shall be punished with reclusion temporal and a fine of
not less than 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 mentioned in the preceding paragraphs 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: Provided, 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: Provided, further, That
his/her immediate superior 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, should he/she fail to notify
the court of such order to transfer or reassign.

“Prosecution and punishment under this Section shall be without

prejudice to any liability for violation of any existing law.

“SEC. 4-A. Criminal Liability for Planting of Evidence. – 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, through any overt or covert act, whatever quantity
of 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 in the person,
house, effects or in the immediate vicinity of an innocent individual for
the purpose of implicating, incriminating or imputing the commission of
any violation of this Decree.

“SEC. 4-B. Continuous Trial. – In cases involving violations of this Decree,

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.

“SEC. 4-C. 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 any of the chemicals
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.

“SEC. 4-D. Types of Chemicals/Accessories Covered. – 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.

“SEC. 4-E. Record of Transactions. – Any person or entity who intends to

import, sell or possess the aforecited 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 aforecited chemicals or accessories, which documents shall be
open to inspection by the appropriate authorities.

“SEC. 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.”

SEC. 4. Separability Clause. – If, for any reason, any provision of this Act

is declared to be unconstitutional or invalid, the other sections or
provisions thereof which are not affected thereby shall continue to be in
full force and effect.

SEC. 5. Repealing Clause. – All laws, decrees, orders, rules and

regulations or parts thereof inconsistent with the provisions of this Act
are hereby repealed, amended, or modified accordingly.

SEC. 6. Effectivity. – This Act shall take effect after fifteen (15) days
following its publication in the Official Gazette or in two (2) newspapers
of general circulation.