spl comparative charts

COMPARATIVE CHARTS

Ateneo law school block d 2018

ON SELECTED SPECIAL PENAL LAWS

ARSON AND RELATED LAWS

ILLEGAL NUMBERS GAME

ILLEGAL GAMBLING

ILLEGAL POSSESSION OF

FIREARMS

SUBMITTED TO ATTY. ROMMEL ABITRIA

ARSON

AND RELATED LAWS

PREPARED BY ATENEO LAW SCHOOL

BLOCK D 2018

Articles 320 – 326-B of the

Revised Penal Code

Presidential Decree 1613 (Repealed or Amended Articles 320 – 326-B of the

RPC)

Presidential Decree 1744

(Amended Article 320 of the RPC)

Republic Act 7659 (Further amended Article 320

of RPC and repealed Section 2 of P.D. 1613; now the

controlling law on destructive arson)

APPROVAL AND

EFFECTIVITY

Approved: December 03, 1930

Effectivity: January 01, 1932

Approved: March 07, 1979

Effectivity: Immediately

Approved: November 11, 1980

Effectivity: Immediately

Approved: December 13, 1993

Effectivity: Fifteen (15) days after its publication in two (2) national newspapers of general

circulation. The publication shall not be later than

seven (7) days after the approval

APPROVED BY

Transitory government under the Spanish Rule

Ferdinand E. Marcos Ferdinand E. Marcos Fidel V. Ramos

PENALTY

Articles 320 – 326-B of

the Revised Penal Code


RPC)

Presidential Decree 1744 (Amended

Article 320 of the RPC)

Republic Act 7659 (Further amended Article 320 of RPC

and repealed Section 2 of P.D. 1613; now

the controlling law on destructive arson)

1. Destructive Arson Reclusión Temporal in its

maximum period to Reclusión Perpetua

Reclusión Temporal in its maximum period to Reclusión Perpetua

Reclusión Temporal in its

maximum period to

Reclusión Perpetua to Death

2. When committed by 2 or more persons No provision No provision Death Reclusión Perpetua to

Death 3. When arson is committed in (1) Any arsenal, shipyard, storehouse or military powder or fireworks factory, ordinance storehouse, archives or general museum of the government; (2) In an inhabited place, any storehouse or factory of inflammable or explosive materials.

Reclusi Reclusión Perpetua ón Temporal in its maximum

period to Reclusión Perpetua*

*Also when committed in (3) any passenger train or motor vehicle in motion or vessel

out of port

No provision

Reclusión Temporal in its

maximum period

Reclusión Perpetua to Death

4. When death resulted as consequence of arson

Death*

*NO provision in the original, BUT added penalty in Art. 326-A

Reclusión Perpetua to Death Death Death

DESTRUCTIVE ARSON


RPC)

Presidential Decree 1744 (Amended Article 320 of the RPC)

Republic Act 7659 (Further amended Article 320 of RPC and repealed Section 2 of P.D. 1613; now the


Section 2. Destructive Arson. The penalty of Reclusión Temporal in its maximum period to Reclusión Perpetua shall be imposed if the property burned is any of the following:

1. Any ammunition factory and other establishment where explosives, inflammable or combustible materials are stored.

2. Any archive, museum, whether public or private, or any edifice devoted to culture, education or social services.

3. Any church or place of worship or other building where people usually assemble.

4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for transportation of persons or property 4. Any building where evidence is kept for use in any legislative, judicial, administrative or other official proceedings.

5. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping center, public or private market, theater or movie house or any similar place or building.

6. Any building, whether used as a dwelling or not, situated in a populated or congested area.

Section 1. Article 320 of the Revised Penal Code shall read as follows:

"Article 320 Destructive Arson. The penalty of Reclusión Temporal in its maximum period to death shall be imposed upon any person who shall burn:

1. One (1) or more buildings or edifices, consequent to one single act of burning, or as result of simultaneous burnings, or committed on several or different occasions;

2. Any building of public or private ownership, devoted to the use of the public in general, or where people usually gather or congregated for a definite purpose such as but not limited to official governmental function or business, private transaction, commerce, trade, worship, meetings and conferences, or merely incidental to a definite purpose such as but not limited to hotels, motels, transient dwellings, public conveyance or stops or terminals, regardless of whether the offender had knowledge that there are persons in said building or edifice at the time it is set on fire, and regardless also of whether the building is actually inhabited or not.

3. Any train or locomotive, ship or vessel, airship or airplane, devoted to transportation or convenience, or public use, entertainment or leisure.

4. Any building, factory, warehouse installation and any appurtenances thereto, which are devoted to the service of public utilities.

Section 10. Article 320 of the same Code is hereby amended to read as follows:

"Art. 320. Destructive Arson. - The penalty of Reclusión Perpetua to death shall be imposed upon any person who shall burn:

1. One (1) or more buildings or edifices, consequent to one single act of burning, or as a result of simultaneous burnings, committed on several or different occasions.

2. Any building of public or private ownership, devoted to the public in general or where people usually gather or congregate for a definite purpose such as, but not limited to, official governmental function or business, private transaction, commerce, trade, workshop, meetings and conferences, or merely incidental to a definite purpose such as but not limited to hotels, motels, transient dwellings, public conveyances or stops or terminals, regardless of whether the offender had knowledge that there are persons in said building or edifice at the time it is set on fire and regardless also of whether the building is actually inhabited or not.

3. Any train or locomotive, ship or vessel, airship or airplane, devoted to transportation or conveyance, or for public use, entertainment or leisure.

4. Any building, factory, warehouse installation and any appurtenances thereto, which are devoted to the service of public utilities.

DESTRUCTIVE ARSON


RPC)

Presidential Decree 1744 (Amended Article 320 of the RPC)

Republic Act 7659 (Further amended Article 320 of RPC and repealed Section 2 of P.D. 1613; now the


5. Any building, the burning of which is for the purpose of concealing or destroying evidence of another violation of law, or for the purpose of concealing bankruptcy or defrauding creditors or to collect from insurance.

Irrespective of the application of the above enumerated qualifying circumstances, the penalty of death shall likewise be imposed when the arson is perpetrated or committed by two (2) or more persons or by a group of persons, regardless of whether their purpose is merely to burn or destroy the building or the edifice, or the burning merely constitutes an overt act in the commission or another violation of law.

The penalty of Reclusión Temporal in its maximum period to death shall also be imposed upon any person who shall burn:

(a) Any arsenal, shipyard, storehouse or military powder or fireworks factory, ordinance storehouse, archives or general museum of the government.

(b) In an inhabited place, any storehouse or factory of inflammable or explosive materials.

If as a consequence of the commission of any of the acts penalized under this Article, death or injury results, or any valuable documents, equipment, machineries, apparatus, or other valuable properties were burned or destroyed, the mandatory penalty of death shall be imposed."

5. Any building the burning of which is for the purpose of concealing or destroying evidence of another violation of law, or for the purpose of concealing bankruptcy or defrauding creditors or to collect from insurance.

Irrespective of the application of the above enumerated qualifying circumstances, the penalty of Reclusión Perpetua to death shall likewise be imposed when the arson is perpetrated or committed by two (2) or more persons or by a group of persons, regardless of whether their purpose is merely to burn or destroy the building or the burning merely constitutes an overt act in the commission or another violation of law.

The penalty of Reclusión Perpetua to death shall also be imposed upon any person who shall burn:

1. Any arsenal, shipyard, storehouse or military powder or fireworks factory, ordnance, storehouse, archives or general museum of the Government.

2. In an inhabited place, any storehouse or factory of inflammable or explosive materials.

If as a consequence of the commission of any of the acts penalized under this Article, death results, the mandatory penalty of death shall be imposed."

illegal

NUMBERS GAME

PREPARED BY ATENEO LAW

SCHOOL BLOCK D 2018

Provisions/Concepts Amended

P.D No. 1602 Prescribing Stiffer Penalties on Illegal Gambling

R.A. No. 9287 An Act Increasing the Penalties for Illegal Numbers Games,

Amending Certain Provisions of P.D. No. 1602, and for Other Purposes

Penalties Penalty is uniform on all kinds of gambling activities including

illegal numbers game and will depend on how the accused participated as provided in the decree.

Increased the penalty for illegal numbers game which are: • Jueteng • Masiao • Last Two

Penalty depends on how the accused participated in the gambling scheme as provided in Sec. 2 of the Act.

P.D. No. 1602 shall still apply as long as the gambling scheme

involved is not an illegal numbers game.

Provisions/ Concepts Amended


R.A. No. 9287 An Act Increasing the Penalties for Illegal Numbers Games, Amending Certain

Provisions of P.D. No. 1602, and for Other Purposes

Persons Punishable

• Directly or indirectly takes part in any illegal activity or game provided • Knowingly permits any form of gambling to be carried on in an inhabited or

uninhabited place or any building, vessel, or other means of transportation owned or controlled by him

• Knowingly permits any form of gambling to be carried on in a place which has a reputation of gambling place or that prohibited place is frequently carried on therein or in a public or government building or barangay hall

• Maintaining or conducting a gambling place • Government officials taking part therein as player, promoter, referee,

umpire, judge or coach • Possessor of gambling paraphernalia • Barangay official who has knowledge of existence of a gambling house in

the locality • Security guard, watchman, private or house detective of establishments

where gambling is held or which have a reputation of gambling

In addition to those provided by P.D. No. 1602, R.A No. 9287 further elaborates who are considered persons who directly and indirectly takes part in any gambling activity:

• Bettor • Personnel or Staff • Collector or Agent • Coordinator, Controller, or Supervisor • Maintainer, Manager, or Operator • Financiers or Capitalists • Protector or Coddler

Liability of government

official

• Prision mayor medium period imprisonment • Temporary absolute disqualification • Fine of P6,000

• For a barangay official who has knowledge of existence of a gambling house but fails to abate such – temporary absolute disqualification only

Participated as collector, agent, coordinator, controller, supervisor, maintainer, manager, operator, financier, or capitalist

• Twelve years, one day to twenty years imprisonment • Fine of P 3 Million to P 5 Million • Perpetual absolute diaqualification

For those who have knowledge of existence of a gambling house but fails to abate such – perpetual absolute disqualification Failure to apprehend perpetrators of any illegal numbers game – administrative penalty of suspension or dismissal

Liability of parents/guardi

ans • None

Those who have moral authority or ascendancy over a minor, ward, incapacitated person who induces such to commit any of the punishable acts

• Six months, one day to one year imprisonment • Fine of P 100,000 to P 400,000

Shall be deprived of parental authority upon conviction

Provisions/Concepts

Amended


R.A. No. 9287 An Act Increasing the Penalties for Illegal Numbers Games, Amending Certain

Provisions of P.D. No. 1602, and for Other Purposes

On recidivism • None Penalty next higher in degree

Informer’s reward

• Any person who shall disclose information that will lead to the arrest and final conviction of the malfactor shall be rewarded twenty percent of the cash money or articles of value confiscated or forfeited in favor of the government.

Any person who has knowledge or information of any offense committed under the Act and discloses such to authorities and will lead to the arrest and conviction of the offender may be rewarded a certain percentage of the cash money or articles of value confiscated and forfeited n the favor of the State, to be determined through a policy guideline of the DOJ in coordination with DILG, PNP, and NAPOLCOM.

illegal

GAMBLING (PD 519 AND PD1602)


SCHOOL BLOCK D 2018

GAMBLING DEVICES

Crime + Punishment Elements Short Discussion

PD1602 Any person who, in any manner, shall directly or indirectly take part in any illegal or unauthorized activities or games of …(6) Slot machines, roulette, pinball and other mechanical contraptions and devices; Penalty: prison correccional in its medium period of a fine ranging from one thousand to six thousand pesos, and in case of recidivism, the penalty of prision mayor in its medium period or a fine ranging from five thousand to ten thousand pesos

1. Taking part in a game involving a gambling devices (i.e. slot machines, roulette, and pinball) which involve winning by chance 2. The gambling devices are not authorized by law (i.e. PAGCOR, LGU/DOT accredited) 3. Wagering money/any valuable consideration

The use of gambling devices like slot machines, roulette, and pinball are not necessarily penalized under the law. In order to be criminally liable, one must make valuable bets (i.e. money, valuable objects). Rationale: It is injurious to the public welfare, in that these tend to corrupt youngsters and schoolchildren, robbing them of their money and savings earned by the sweat of their brow (Uy Ha v. City Mayor of Manila)

PD519 Operation Possession, use, and importation of pinball and slot machines Penalty: fine of not less than 5000 pesos or imprisonment ranging from prision correccional to prision mayor or both fine and imprisonment

1. Operating, possessing, or importing pinball and slot machines 2. Not authorized by law

Although PD 1602 repeals 591 as to those provisions incompatible to it, PD 1602 does not punish possession or importation, so these acts are still punishable under PD 519, since it is not inconsistent with the current law.

GAMBLING DEVICES

OLD RULE (PD 519 & ART. 195, R.P.C.) NEW RULE (PD 1602)

PD 519 Prohibits the use of pinball and slot machines and other similar devices

Art. 195 R.P.C. Taking part in the exploitation or use of any other mechanical invention or contrivance to determine by chance the loser or winner of money or any

object or representative of value, is constitutive of the crime of illegal gambling

What is prohibited is not mere operation of these devices but wagering money therein.

COCK FIGHTING

Includes terms such as cockfighting derby, pintakasi, or tupada OR other equivalent terms. We have to take note that those that are not inconsistent with P.D. 1602 are not considered as repealed.

Those who place bets in an authorized cockpit do not incur any criminal liability BUT this is only limited to betting on the cockfight. Other forms of betting within an authorized cockpit is against the law (Sec 5. (f), of P.D . 449).

One is allowed to take bets as long as he secures a license from the city or municipality. In the Local Government Code, the Sanggunian has the power to license the operation of cockpits. The power of the Sanggunian is no longer subject to the supervision of the Gamefowl Commission.

COCK FIGHTING

OLD RULE (PD 449 & ART. 199, R.P.C.) NEW RULE (PD 1602)

Directly or Indirectly betting and participating in cockfighting was punishable under Art 199 of the RPC. The Penalty imposed by the law is arresto menor or a fine not exceeding 200 pesos, or both, in the discretion of the court Sanggunian has the power to license the operation of cockpits. However they are still subject to the limitations of Section 5 of P.D . 449, to wit: a. Only Filipino Citizens can Own, Operate, and Manage Cockpits. b. Only one cockpit shall be allowed in each city or municipality c. Cockpits shall be constructed and operated within the appropriate areas as prescribed in Zoning Law or Ordinance d. Cockfighting shall be allowed only in licensed cockpits during Sundays and legal holidays and during local fiestas for not more than three days.

Acts punishable now include cockfighting committed by : a. Bettor b. Bet Taker c. Taker or Promoter d. Gaffer e. Referee The Penalty imposed by law is prison correccional in its medium period or a fine ranging from one thousand to six thousand pesos, and in case of recidivism, the penalty of prision mayor in its medium period or a fine ranging from five thousand to ten thousand pesos

GAMBLING HOUSE

ELEMENTS SHORT DISCUSSION

Under Section 1(a) (2) of P.D. 1602: 1. Offender knowingly permits illegal gambling to be carried on in an inhabited or uninhabited place or in any building, vessel, or other means of transportation 2. The place is owned or controlled by the offender. The law does not require ownership, it is sufficient that it is “controlled” by him. Under Section 1(f) of P.D. 1602: The security officer, guard, watchman or house detective of hotels, villages, buildings, and enclosure which have the reputation of gambling are liable.

The crime is qualified if the gambling is carried on in a place which has a reputation for gambling or where it is frequently carried on therein or when it is done in a public or government building or barangay hall

GAMBLING HOUSE

OLD RULE (ART. 197 R.P.C; P.D. 483, Sec. 3) NEW RULE (P.D. 1602, Sec. 1c)

Art. 197, R.P.C. Act Punishable: Betting in sports contests Penalty: Arresto menor or a fine not exceeding 200 pesos, or both

P.D. 483 Acts Punishable:

● betting ● game-fixing ● point-shaving ● game machinations

Penalty: 1. Offender is an official, such as promoter, referee, umpire, judge, or coach of the game, or the manager or sponsor of participants: Prision correccional in its maximum period and a fine of 2,000 pesos 2. Any offender: Prision correccional in its medium period and a fine of 1,000 pesos.

Acts Punishable: ● betting ● game-fixing ● point-shaving ● game machinations Penalty: Prision mayor in its medium period with temporary absolute disqualification or a fine of 6,000 pesos

SPORTS CONTEST

-PD 1602 punishes game fixing, point-shaving, and game machination and not only betting - To be held criminally liable for betting in sports, money, valuable articles, or anything representative of value must be at stake. PD 1602 prohibits betting and not

participation in the sport. -PAGCOR may operate sports betting stations. However, it cannot grant another entity or person the franchise or authority to do the same.

-Betting in sports contest includes illegal jai alai and unlawful horse racing. They are illegal or unlawful when they are done without a franchise or authority to do so.

} In sports contest } In sports contest

ILLEGAL POSSESSION OF GAMBLING PARAPHERNALIA

ELEMENTS SHORT DISCUSSION

Under PD 1602 Section 1 (d), the elements of the crime of illegal possession of Gambling Paraphernalia are the following:

1. Offender knowingly possesses gambling paraphernalia such as: lottery list, paper or other matters pertaining to or in any manner used in the games of jueteng, jai-alai or horse racing bookies, and similar games of lotteries and numbers. 2. The offender’s possession of such paraphernalia is without lawful purpose.

3. The gambling game, which uses such paraphernalia, has taken place or is about to take place.

· The offender must have the intention to possess or animus possidendi the gambling paraphernalia. · Possession of gambling paraphernalia creates the presumption that the possession is without lawful purpose and that it is for a gambling game that has or is about to take place. · If the gambling paraphernalia is for a game that has already taken place, the prosecution must prove that the game had actually taken place.

OLD RULE (ART. 195c, R.P.C.) NEW RULE (PD 1602, Sec. 1d)

The penalty imposed by law is prision correccional in its medium degree. The law now provides a choice between the penalty of prision correccional in its medium period or a fine ranging from four hundred to two thousand pesos.

LOTTERY

Crime + Punishment Elements Short Discussion Case Law

Penalty of prision correcional in its medium period of a fine of 1000 - 6000 for those who participate directly or indirectly in any form of lottery. Penalty of prision correcional in its medium period or a fine of 400 - 2000 for those in possession of lottery lists or items for lottery.

Consideration is the chance to win a price

There is nothing wrong with giving away one’s property gratuitously by chance as long as there is no consideration for the person receiving the chance.

US v Olsen (1917) - Postal law does not consider a scheme of giving a coupon to win a watch for every 500 packages of cigarette, as a lottery. Philippine Refining Company v Palomar (1987) - A plan where one can obtain things without giving additional consideration are not lotteries under the postal law.

The chance itself to win a price

The goal is to find the purpose of using chance. If it is used in such a way that it constitutes the principles which the law prohibits, no matter how one conceals, the same would still be sanctioned by the law. Calculating a certain number constitutes the element of chance, such as estimating the score of a basketball game.

The existence of a price

The price may not necessarily mean the monetary value. It may take the form of anything of value as long as the grant of such would cause some inequality in the value of the price given. When there is full value for money given, there is no lottery and the prize is just an incident to the event.

US v Filart (1915) - Gambling laws back then included the sale of raffle tickets to get a chance to win an automobile.

ILLEGAL GAMBLING

Crime + Punishment Elements Short Discussion Case Law

Penalty of prision correccional in its medium period or a fine ranging from P5, 000 to P10,000 Prision correccional in its maximum period or a fine of P6, 000 Prision Mayor in its medium period with temporary absolute disqualification or a fine of P6, 000 Prision correccional in its medium period or a fine of P400 to P2, 000 Temporary Absolute Disqualification Prision correccional in its maximum period or a fine ranging from P500 to P2,000

Under P.D. 1602 as amended by RA 9287: 1. That the offender directly or indirectly

takes part in any game scheme, whether upon chance or skill

a. Taking part i. Maintainer or

conductor ii. Government officiaL iii. Spectators or

bystander b. Chance or skill

i. Games of chance ii. Games of skill

2. In the game of chance, wagers consisting of money, articles of value, or representative of value are at stake and made

a. Wagers b. Representative of value

3. Gambling is not authorized by law. Gambling is not illegal per se and the legislature may absolutely prohibit gambling or authorize certain forms of gambling for whatever reason the Congress may deem fit. For example, parlor games for home entertainment are not within the coverage of P.D. 1602 provided they are not played in places habitually used for gambling.

Accused must, directly or indirectly, take part in the gambling whether as a player, bet taker, etc. Maintainer: the person who sets up or provides the means to carry on the gambling game or scheme Conductor: manages or carries on the gambling game or scheme Liable because he/she holds public funds in trust He/she is no criminally liable as he/she does not, directly or indirectly, take part in the gambling scheme (first element is missing) Essence: one party is to win or lose based on a future event which, at the time of the wager, is unknown/uncertain (speculative transactions). The success of the game depends on skill, experience, and player’s practice (e.g. billiards). There are games which are enumerated under P.D. 1602 which do not involve having money or other consideration of value at stake (e.g. monte, jueteng, dog race, lottery). Wager is just an element of a crime that is not specifically enumerated in the law. Any representative of value or of any valuable consideration or thing (e.g. gambling chips, promissory notes, etc.)

US v. Palma: There is no evidence that the accused took part in the game. It is not an offense, under the law, to be present at a gambling house. US v. Rafael: The use of money in monte (a game specifically enumerated in the law) is not necessary to constitute the crime of illegal gambling. The law’s purpose is to absolutely prohibit the games enumerated therein. Use of money is not a necessary element of the crime [when it involves games enumerated therein].

ILLEGAL GAMBLING

OLD RULE (ART. 195, R.P.C.) NEW RULE (PD 1602)

Chance or skill: Under Art. 195 of the Revised Penal Code, the result of the game must depend solely and completely on chance or hazard (games of

chance). The name of the game does not matter. Chance is present even if the game requires some calculation or element of certainty.

Under P.D. 1602, The law now includes games of both chance and skill in the definition of gambling.money therein.

illegal

POSSESSION OF FIREARMS


SCHOOL BLOCK D 2018

PD 1866 RA 8294 RA 9516 RA 10591 Date enacted June 29, 1983 June 6, 1997 December 22, 2008 July 23, 2012

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

Penalty: Reclusion temporal in its maximum period to reclusion perpetua (Sec. 1, PD 1866)

Penalty: Low powered firearm: Prison correccional in its maximum period and a fine of not less than P15,000 High powered firearm: Prision mayor in its minimum period and a fine of P30,000 (Sec. 1, RA 8294)

(no amendment) ^

PD 1866 RA 8294 RA 9516 RA 10591

Penalty if crime is committed with the use of an unlicensed firearm

For murder/homicide: Death penalty If in furtherance of, or incident to, or in connection with the crimes of rebellion, insurrection or subversion: Death penalty (Sec. 1, PD 1866)

For murder/homicide: Aggravating circumstance If in furtherance of or incident to, or in connection with the crime of rebellion or insurrection, sedition, or attempted coup d'etat: Absorbed as an element of those crimes (Sec.1, RA 8294)

^

- Aggravating Circumstance: o Loaded with ammunition or inserted with a loaded magazine o Fitted or mounted with laser or any gadget used to guide the shooter to hit the target o Fitted or mounted with sniper scopes, firearm muffler or firearm silencer o Accompanied with an extra barrel o Converted to be capable of firing full automatic bursts

- The use of a loose firearm, when inherent in the commission of a crime punishable under the Revised Penal Code or other special laws, shall be considered as an aggravating circumstance o If in furtherance of, or incident to, or in connection with the crime of rebellion of insurrection, or attempted coup d’ etat, such violation shall be absorbed as an element of the crime of rebellion or insurrection, or attempted coup d’ etat. o If the crime is committed by the person without using the loose firearm, the violation of this Act shall be considered as a distinct and separate offense.

PD 1866 RA 8294 RA 9516 RA 10591 Carrying any licensed

firearm outside his residence without legal

authority therefor

Penalty: Prision mayor (Sec. 1, PD 1866)

Penalty: Arresto mayor (Sec. 1, RA 8294)

^ ^

Liability of 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 this law


Penalty: Same as preceding paragraphs (Sec.1, RA 8294)

^ Prision Mayor minimum to Prision Mayor maximum

Prima facie evidence of illegal manufacture of

firearms or ammunition

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 (Sec. 2, PD 1866)

xxx ^

Possession of any machinery, tool or instrument used directly in the manufacture of firearms, ammunition, or major parts thereof by any person whose business, employment or activity 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 or illegal manufacture of firearms, ammunition or parts thereof.

PD 1866 RA 8294 RA 9516 RA 10591

Unlawful manufacture, sale, acquisition,

disposition or possession of

explosives

Penalty: Reclusion temporal in its maximum period to reclusion perpetua Explosives covered: 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. (Sec. 3, PD 1866)

Penalty: Prision mayor in its maximum period to reclusion temporal and a fine of not less than P50,000 (Sec. 2, RA 8294) Explosives covered:

Penalty: Reclusion perpertua Added scope: 1. Importation 2. Need of knowledge of its existence and its explosive or incendiary character (same explosives covered)

Penalty: Reclusion Temporal to Reclusion Perpetua

PD 1866 RA 8294 RA 9516 RA 10591

Knowledge of existence and its explosive or incendiary character

(not covered) (not covered)

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 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." (Sec. 1, RA 9516)

^

PD 1866 RA 8294 RA 9516 RA 10591

Penalty if crime is committed with the use

of explosives, detonation agents or incendiary devices

If any crime under RPC results to death of any person/s: Death penalty If in furtherance of, or incident to, or in connection with the crimes of rebellion, insurrection or subversion: Death penalty (Sec. 3, PD 1866)

If any crime under RPC results to death of any person/s: Aggravating circumstance If in furtherance of, or incident to, or in connection with the crimes of rebellion, insurrection or subversion: absorbed as an element of those crimes (Sec. 2, RA 8294)

If necessary means for committing any, or is in furtherance of, incident to, in connection with, by reason of, or on occasion of the crimes defined in the RPC or special laws: Reclusion perpetua and a fine ranging from One hundred Thousand pesos (P100,000.00) to One million pesos (P1,000,000.00)

^

Liability of 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.


Penalty: Same penalty as preceding paragraphs (Sec. 2, RA 8294)

Penalty: Reclusion perpetua

^

PD 1866 RA 8294 RA 9516 RA 10591

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

(not covered) (not covered) Penalty:

Reclusion perpetua

(a) The penalty of prision mayor in its medium period shall be imposed upon any person who shall unlawfully acquire or possess a small arm; (b) The penalty of reclusion temporal to reclusion perpetua shall be imposed if three (3) or more small arms or Class-A light weapons are unlawfully acquired or possessed by any person; (c) The penalty of prision mayor in its maximum period shall be imposed upon any person who shall unlawfully acquire or possess a Class-A light weapon; (d) The penalty of reclusion perpetua shall be imposed upon any person who shall, unlawfully acquire or possess a Class-B light weapon; (e) The penalty of one (1) degree higher than that provided in paragraphs (a) to (c) in this section shall be imposed upon any person who shall unlawfully possess any firearm under any or combination of the following conditions: (1) Loaded with ammunition or inserted with a loaded magazine; (2) Fitted or mounted with laser or any gadget used to guide the shooter to hit the target such as thermal weapon sight (TWS) and the like; (3) Fitted or mounted with sniper scopes, firearm muffler or firearm silencer; (4) Accompanied with an extra barrel; and (5) Converted to be capable of firing full automatic bursts. (f) The penalty of prision mayor in its minimum period shall be imposed upon any person who shall unlawfully acquire or possess a major part of a small arm; (g) The penalty of prision mayor in its minimum period shall be imposed upon any person who shall unlawfully acquire or possess ammunition for a small arm or Class-A light weapon. If the violation of this paragraph is committed by the same person charged with the unlawful acquisition or possession of a small arm, the former violation shall be absorbed by the latter; (h) The penalty of prision mayor in its medium period shall be imposed upon any person who shall unlawfully acquire or possess a major part of a Class-A light weapon; (i) The penalty of prision mayor in its medium period shall be imposed upon any person who shall unlawfully acquire or possess ammunition for a Class-A light weapon. If the violation of this paragraph is committed by the same person charged with the unlawful acquisition or possession of a Class-A light weapon, the former violation shall be absorbed by the latter; (j) The penalty of prision mayor in its maximum period shall be imposed upon any person who shall unlawfully acquire or possess a major part of a Class-B light weapon; and (k) The penalty of prision mayor in its maximum period shall be imposed upon any person who shall unlawfully acquire or possess ammunition for a Class-B light weapon. If the violation of this paragraph is committed by the same person charged with the unlawful acquisition or possession of a Class-B light weapon, the former violation shall be absorbed by the latter.

PD 1866 RA 8294 RA 9516 RA 10591

Prima facie evidence of

unlawful manufacture of

explosives

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 (Sec. 4, PD 1866)

xxx

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 "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 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."

^

PD 1866 RA 8294 RA 9516 RA 10591 Unlawful

tampering/changing/defacing/erasing of firearm's

serial number


Penalty: Prision correccional (Sec. 3, RA 8294)

(no amendment) ^

Unlawful repacking or altering the composition of lawfully manufactured

explosives


Penalty: Prison correccional (Sec. 4, RA 8294)

(no amendment) ^

Unauthorized issuance of authority to carry

firearm and/or ammunition outside of

residence

Penalty: Prision correccional Persons punishable: Any person, civilian or military (Sec. 7, PD 1866)

^

Coverage of the term unlicensed firearm No similar provision

The term unlicensed firearm shall include: 1) firearms with expired license; or 2) unauthorized use of licensed firearm in the commission of the crime. (Sec. 5, RA 8294)

^

PD 1866 RA 8294 RA 9516 RA 10591

Effect of former conviction or acquittal

for violation of this Decree

No similar provision

It 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

^

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


Penalty: Public Official 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. Shall not be transferred or reassigned to any other government office located in another territorial jurisdiction during the pendency of the case in court, unless for compelling reasons: Provided, That his/her immediate superior shall notify the court where the case is pending within twenty-four (24) hours from its approval Immediate Superior: Prision correccional and a fine of Ten Thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00), and perpetual absolute disqualification from public office if: 1. Despite due notice to them and to the witness concerned, the former does not exert reasonable effort to present the latter to the court. 2. He/she should 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.

^

PD 1866 RA 8294 RA 9516 RA 10591 Planting of evidence:

- 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.

No similar provision Penalty:

Reclusion perpetua

Definition of ‘planting evidence’ under this Act: Any person who shall willfully and maliciously insert, place and/or attach, directly or indirectly, through any overt or covert act, any firearm, or ammunition, or parts thereof in the person, house, effects, or in the immediate vicinity of an innocent individual for the purpose of implicating or incriminating the person, or imputing the commission of any violation of the provisions of this Act to said individual. Penalty: Prision mayor in its maximum period. Qualifying circumstance: if the person found guilty is a public officer or employee, then the penalty would be reclusion perpetua.

PD 1866 RA 8294 RA 9516 RA 10591

Continuous trial of cases violating 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, terminated within ninety (90) days from arraignment of the accused.

^

Authority to import, sell, or possess chemicals or

accessories for explosives such as chlorates, nitrates, nitric acid and such other

chemicals and accessories that can be used for the

manufacture of explosives and explosive ingredients.


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

^

PD 1866 RA 8294 RA 9516 RA 10591

Procedure to acquire

authority


1. FIle an application with PN stating the purpose for which it is sought 2. Person shall maintain a permanent record of all transactions entered into in relation with the aforecited chemicals or accessories 3. Failure to comply shall be sufficient cause for the cancellation of the license and the confiscation of all such chemicals or accessories

I. Application - To manufacture or deal in firearms, parts of firearms or ammunition, the person must file an application to: 1. DILG Secretary (for a license to manufacture); and 2. PNP Chief (for license to deal in firearms and firearm parts, ammunition and gun repair) - Applicant shall state > Amount of capital for manufacture or cost of purchase and sale of articles to be sold > Types of firearms, ammunition of firearms to be sold or manufactured > Additional information as may be requested by DILG Secretary or PNP Chief II. Approval - If approved, DILG Secretary or PNP Chief shall indicate the amount of bond to be executed by the applicant before the issuance of the license and its period of effectivity. - The license shall be transmitted to the FEO of the PNP which, upon completion of above requirements, shall issue the business license. III. Renewal of Licenses and Registration Licenses - All types of licenses to possess a firearm shall be renewed every 2 years. - Failure to renew shall cause revocation of the licenses and registration of the firearm/s under said licensee. Registration - Registration of firearm shall be renewed every 4 years. - Failure to renew the registration of the firearm shall cause the revocation of the license of firearm. The said firearm shall be confiscated or forfeited in favor of the government after due process. Failure to renew license or registration on 2 occassions - Failure to renew license or registration on 2 occasions shall perpetually disqualify the holder from applying for any firearm license. Application of renewal; Where and when to be sent - It is to be sent to the FEO of the PNP within 6 months before the date of expiration of license or registration

spl comparative charts

Documents

provision reclusin temporal

penalty of reclusin

amended article

rpc presidential decree

consequence of arson

destructive arson section

destructive arson approval

rpc republic