QuestionsQuestions (Republic Act No. 8295)
Any person who willfully and unlawfully manufactures, assembles, deals in, acquires, disposes, imports or possesses an explosive or incendiary device with knowledge of its existence and explosive/incendiary character, where it is capable of producing destructive effect on contiguous objects or causing injury or death to any person.
It provides that mere possession is prima facie evidence that the possessor had knowledge of the device’s existence and its explosive/incendiary character.
No violation if the possession/control is temporary, incidental, casual, harmless, or transient and without knowledge of the device’s existence/character; or if for the sole purpose of surrendering it to the proper authorities. Courts may also determine absence of animus possidendi based on facts and circumstances, applying Articles 11 and 12 of the Revised Penal Code.
The law requires willful and unlawful conduct, with knowledge of both (1) the existence of the explosive/incendiary device and (2) its explosive/incendiary character; however, “mere possession” creates a prima facie presumption of such knowledge.
Willful and unlawful manufacture, assembly, dealing in, acquisition, disposition, importation, or possession of any part, ingredient, machinery, tool, or instrument of an explosive or incendiary device intended/used for manufacture, construction, assembly, delivery, or detonation, when the device is capable of producing destructive effects or causing injury/death.
Mere possession of any part/ingredient/machinery/tool directly used in manufacture/construction/assembly/delivery/detonation, by a person whose business/activity/employment does not lawfully deal with such article, is prima facie evidence the article is intended for unlawful manufacture/construction/assembly/delivery/detonation.
It is not a violation if without knowledge of its existence or as a part/ingredient/tool directly used for detonation/manufacture, and/or if for the sole purpose of surrendering it to proper authorities.
Liability attaches to the owner/president/manager/director/other responsible officer who willfully or knowingly allows any explosive/incendiary device or parts owned/controlled by the entity to be used by persons guilty of violating the preceding paragraphs (Sections 3 or 3-A).
When violations of Sections 3, 3-A, or 3-B are a necessary means for committing another Revised Penal Code/special law crime or are in furtherance/incident to/on occasion/by reason of that other crime, the penalty of reclusion perpetua and a fine of ₱100,000 to ₱1,000,000 are imposed.
Subject to the Rules on double jeopardy and more favorable application to the accused, conviction/acquittal/dismissal for violation of this Decree bars another prosecution for the same accused for an offense where the decree violation was a necessary means for committing the offense or in furtherance of it, and vice versa.
The member of law enforcement or government employee may be punished with reclusion temporal and a fine of not less than ₱500,000, plus possible administrative liability.
Prison correctional and a fine of ₱10,000 to ₱50,000, plus perpetual absolute disqualification from public office if, despite due notice, the superior fails to exert reasonable effort.
During the pendency of the case, the witness shall not be transferred/reassigned to another territorial jurisdiction, except for compelling reasons. If reassigned, the immediate superior must notify the court within 24 hours; failure to notify subjects the superior to prison correccional, a fine ₱10,000 to ₱50,000, and perpetual absolute disqualification.
Planting is the willful act of maliciously and surreptitiously inserting/placing/adding/attaching any explosive/incendiary device (or parts/ingredients/tools/instruments) in the person/house/effects or immediate vicinity of an innocent individual for the purpose of implicating/incriminating/imputing the violation. Penalty: reclusion perpetua.
Judges must set cases for continuous trial daily from Monday to Friday (or short-term trial calendar) to ensure speedy trial, and the case shall be terminated within 90 days from arraignment.
Only persons/entities with a manufacturer’s, dealer’s, or purchaser’s license issued by PNP-Firearms and Explosives Division may import, possess, or sell specified explosive-related chemicals/accessories. Applicants must file an application with the PNP chief and maintain a permanent record of transactions open to inspection by authorities.
Covered chemicals/accessories include chlorates, nitrates, nitric acid, and other chemicals/accessories usable for manufacture of explosives/explosive ingredients. Failure to comply with Sections 4-C, 4-D, and 4-E is sufficient cause for cancellation of the license and confiscation of all such chemicals/accessories, whether or not lawfully imported/purchased/possessed.