Question & AnswerQ&A (Republic Act No. 11926)
Republic Act No. 11926 is an act penalizing the wilful and indiscriminate discharge of firearms and amends certain provisions of Act No. 3815, otherwise known as the Revised Penal Code.
RA 11926 amends Article 155 to impose the penalty of arresto menor or a fine not exceeding Forty thousand pesos (P40,000) on any person who discharges any rocket, firecracker, or other explosives within any town or public place calculated to cause alarm or danger.
It prescribes the penalty of prision correccional in its minimum and medium periods unless the act constitutes frustrated or attempted parricide, murder, homicide, or any other crime with a higher penalty under the Revised Penal Code.
Under Article 254(b), any person who wilfully and indiscriminately discharges any firearm or device functionally used as a firearm suffers the penalty of arresto mayor in its maximum period, unless the case involves a higher penalty offense.
Punishment is one degree higher than prescribed, and the offender may be held administratively liable according to Article 254(c).
The firearm license or permit shall be summarily cancelled, and the offender shall be perpetually disqualified from being granted any firearm license or permit.
The penalty is arresto menor or a fine not exceeding Forty thousand pesos (P40,000).
Yes, Article 254(b) covers devices not designed as firearms but can be functionally used as a firearm.
The Act takes effect fifteen (15) days after its publication in the Official Gazette or a newspaper of general circulation.
The Separability Clause in Section 3 provides that if any part is held invalid or unconstitutional, the other provisions remain valid and subsisting.
All laws, orders, proclamations, rules, and regulations inconsistent with this Act are repealed or modified accordingly.