QuestionsQuestions (Republic Act No. 11926)
RA 11926 penalizes the wilful and indiscriminate discharge of firearms by amending the Revised Penal Code provisions on alarms and scandals (Art. 155) and on discharge of firearms (Art. 254).
RA 11926 amended Article 155 of Act No. 3815 (the Revised Penal Code).
The penalty is arresto menor or a fine not exceeding Forty Thousand Pesos (P40,000).
Shooting at another with any firearm.
Prision correccional in its minimum and medium periods, unless the facts justify a higher offense such as frustrated/attempted parricide, murder, homicide, or other crimes with higher penalties.
It punishes the wilful and indiscriminate discharge of any firearm or other device that may not have been designed as a firearm but can be functionally used as a firearm.
Arresto mayor in its maximum period, unless the facts can be held to constitute any other offense with a higher penalty.
If the offender is a member of the military and military auxiliary agencies, or law enforcement agencies authorized to bear firearms, and the discharge is not in the performance of official duties; the penalty is one degree higher and the offender may also be held administratively liable.
Any firearm license or permit issued in favor of the offender is summarily cancelled, and the offender is perpetually disqualified from being granted any firearm license or permit.
They create exceptions: if the facts amount to a different crime for which a higher penalty is prescribed, then the higher offense (rather than the Article 254 penalty) applies.
Because each has different elements and corresponding penalties: Art. 254(a) centers on aiming/shooting at another; Art. 254(b) centers on wilful and indiscriminate discharge, even if not necessarily shooting at a specific person, and may cover devices functionally usable as firearms.
Yes. The separability clause preserves valid parts if a provision is held invalid/unconstitutional. The repealing clause removes or modifies inconsistent laws, rules, or regulations.
Fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.
It states RA 11926 lapsed into law on July 30, 2022 without the President’s signature, consistent with Article VI, Section 27(1) of the Constitution.
By applying the statute’s language: the device is covered if it may not have been designed as a firearm but can be functionally used as a firearm—requiring factual evaluation of its actual functional capacity to fire/projectiles as a firearm.
That (1) the offender wilfully and (2) indiscriminately discharged (3) a firearm or a functionally usable device, and (4) that the act does not fall under another offense with a higher penalty based on the facts.