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REPUBLIC ACT NO. 8294
AN ACT AMENDING THE PROVISIONS OF PRESIDENTIAL DECREE NO. 1866, AS
AMENDED, ENTITLED "CODIFYING THE TAWS ON ILLEGALruNLAWFUL 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."
Section 1 . Sec. 1 Presidential oecree No. 1866, as emended, is hereby further amended to read
as follows:cralaw
"Sec. 1. Unlawful manuhcture, sale, acquisition, disposition or possession of firearms or
ammunition or insfuments used or intended to be used in the manufacture of firearms or
ammunition.
The penatty of prision coneccional in its maximum period and a fine of not less
than Fifteen thousend pesos (P15,000) shall be imposed upon any person who shall unlawfully
manuhcture, deal in, acquire, dispose, or possess any low powered firearm, such as rimfire
handgun, .380 or .32 and other firearm of similar firepower, part of lirearm, ammunition, or
machinery, tool or instrument used or intended to be used in the manuractrre of any firearm or
ammunition: Provided, That no other crime was committed.
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"The penalty of prision mayor in its minimum period and a fine of Thirty thousand pesos
(P30,000) shall be imposed if the firearm is classifred as high po\,vered firearm which includes
those with bores bigger in diameter $an .38 caliber and I millimeter such as calibet .40, .41, .44,
.45 and also lesser calibered firearms but considercd powerful such as caliber .357 and caliber
.22 center-fire magnum and other firearms with firing capabality of full automatic and by burst of
two or three: Provided, hor/ever, That no other crime was committed by the person an6ted.
"lf homicide or murder is committed with the use of an unlicensed firearm, such use of an
unlicensed firearm shall be considered as an aggravating circumstance.
"lf the viotation of this Sec. is in furherance of or incident to, or in connection with the crime of
rebellion or insunection, sedition, or atempted coup d'etat such violation shall be absorbed as
an element of the crime of rebellion, or insunection, sedition, or attempted coup d'etat
o rner, president, manager, director or other
responsible officer of any public or private firm, mmpany, corporation or entity, who shall willfully
or knowingly allo\ , any of the firearms owned by such firm, company, corporation or entity to be
used by any pe6on or persons found guilty of violating the provisions of the preceding
paragraphs or willfully or knowingly allow any of them b use unlicensed firearms or firearms
without any legal authority to be canied ouBide of their residence in the course of tieir
employment.
'"The same penalty shall be imposed upon the
'The penatty of anesto mayor shall be imposed upon any person who shall c€ny any licensed
firearm outside his residence without legal authority therefor."
Sec. 2. Sec. 3 of Pr6idential Decree No. 1866, as amended, is hereby further amended to read
as follows:cralaw
"Sec. 3. Unhwful manufacture, sale, acquisition, disposition or possession of explosives.
The
penalty of prision mayor in its maximum period to reclusion temporal and a fine of not less than
Fifty thousand pesos (P50,000) shall be imposed upon any person who shall unlawfully
manufacture, assemble, deal in, acquire, dispose or possess hand grenade(s), rifle grenade(s),
and other explosives, including but not limited to 'pillbox,' 'molotov cocktail bombs,' 'fire bombs,'
or other incendiary devices capable of producing destructive efect on conliguous objects or
causing injury or death to any person.
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'When a person cornmits any of the crimes defined in the Revised Penal Code or special laws
with the use of the aforementioned explosives, detonation agenb or incendiary devices, which
results in the death ofany person or persons, the use of such explosives, detonation agenB or
incendiary devices shall be considered as an aggravating circumstance.
"lf the violation of this Sec. is in furtherance of, or incident to, or in connection with the crime of
rebellion, insunection, sedition or attempted coup d'etat such violation shall be absorbed as an
element of the crimes of rebellion, insunection, sedition or attempted coup d'etat.
'The same penalty shall be imposed upon the owner, president, manager, director or other
responsible officer of any public or private firm, company, corpoftltion or entity, wlro shall willfully
or knowingly allow any of the explosives owned by such firm, cqnpany, corporation or entity, b
be used by any person or persons found guilty of violating the provisions of the preceding
paragraphs. "
Sec. 3. Sec. 5 of Presidential Decree No. 1866, as amended, is hereby further amended to read
as follows:cralaw
The penalty of prision coneccional shall be
"Sec. 5. Tampering of firearm's serial number.
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imposed upon any person who shall unlawfully tamper, change, defuce or erase the serial
number of any firearm."
Sec. 4. Sec. 6 of Presidential Decree No. 1866, as amended, is hereby further amended to read
as follows:cralaw
The
"Sec. 6. Repacking or altering the composition of lawfully manufacturcd explosives.
penalty of prision correccional shall be imposed upon any person who shall unlawfully repack,
alter or modify the composition of any lawfully manufactured explosives."
The term unlicensed firearm shall
Sec. 5. Coverage of the Term Unlicensed Firearm.
include:cralaw
1) fireerms with expired license; or
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2) unauthorized use of licensed firearm in the commission of the crime.
Departnent of Justice and the Deparfnent of the lnterior
Sec.6. Rules and regulations.
-The
issue, within ninety (90) days afrer the approval of this Act,
and Local Government shalljointly
the necessary rules and regulations pertaining to the administrative aspect of the provisions
hereof, fumishing the Committee on Public Order and Security and the Committee on Justice
and Human Rights of both Houses of Congress copies of such rules and regulations within thirty
(30) days from the promulgation hereoi
lf, for any reason, any Sec. or ptovision of this Act is declared to
be unconstitutional or invalid, the other Sec.s or provisions thereof which are not affected thereby
shall continue to be in full force and effect.
Sec. 7. Separability clause.
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Sec. 8. Repealing clause.
laws, decrees, orders, rules and regulations or parb thereof
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