Title
Amendment of PD 1866 re Explosives Crime
Law
Republic Act No. 9516
Decision Date
Dec 22, 2008
Republic Act No. 9516 amends Presidential Decree No. 1866 to strengthen laws against the illegal possession of firearms and explosive devices in the Philippines, introducing stricter penalties and provisions to ensure proper handling and control of these dangerous items.

Q&A (Republic Act No. 9516)

The penalty of reclusion perpetua shall be imposed upon any person who willfully and unlawfully commits these acts involving explosive or incendiary devices.

Mere possession of any explosive or incendiary device is prima facie evidence that the possessor had knowledge of its existence and its explosive or incendiary character.

Yes. Temporary, incidental, casual, harmless, or transient possession without knowledge of the device's nature, and possession for the sole purpose of surrendering it to proper authorities, are not violations.

The penalty of reclusion perpetua is imposed for willful and unlawful manufacture, possession, or dealing with parts, ingredients, machinery, or tools intended for making explosive or incendiary devices.

Owners, presidents, managers, directors, or other responsible officers who knowingly allow the use of explosive or incendiary devices owned or controlled by the entity are subject to reclusion perpetua.

A penalty of reclusion perpetua and a fine ranging from P100,000 to P1,000,000 is imposed when the violation is necessary for or connected to another crime under the Revised Penal Code or special laws.

Intentional or negligent failure or refusal to appear as prosecution or defense witness, without valid reason, shall be punished with reclusion temporal and a fine of not less than P500,000, plus administrative liabilities.

Planting evidence is punishable by reclusion perpetua. It involves maliciously placing any explosive device or related components to incriminate an innocent person.

Judges shall set cases for continuous trial on a daily basis, aiming to terminate trials within ninety (90) days from arraignment.

Only persons or entities licensed by the PNP-Firearms and Explosives Division with a manufacturer's, dealer's, or purchaser's license may lawfully import, sell, or possess such chemicals.


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