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.

Law Summary

Unlawful Manufacture, Sales, Acquisition, Disposition, Importation or Possession of Parts or Tools for Explosive Devices

  • Reclusion perpetua penalty for unlawful acts involving parts, ingredients, machinery, tools for manufacture or detonation of explosive/incendiary devices.
  • Possession by persons not lawfully dealing with such articles is prima facie evidence of unlawful intent.
  • Temporary or incidental possession without knowledge or for surrender is exempt.
  • Courts may determine absence of intent to possess using facts, circumstances, and laws (including Revised Penal Code provisions).

Liability of Corporate and Entity Officers

  • Owners, presidents, managers, directors, or responsible officers in firms/companies permitting use of explosives contrary to law face reclusion perpetua.

Penalty for Crimes Connected to Explosives Violations

  • When explosives violations are means or connected to other crimes, impose reclusion perpetua plus a fine of P100,000 to P1,000,000.

Double Jeopardy and Related Convictions

  • Conviction, acquittal, or dismissal for explosives violations bars prosecution for related offenses where explosives violations were means or occasion for the crime, consistent with Rules of Court.

Duties and Penalties for Law Enforcement and Government Officials as Witnesses

  • Law enforcement or government officials failing or refusing to testify without valid reason face reclusion temporal and fines not less than P500,000, plus administrative sanctions.
  • Immediate superiors penalized for failure to exert effort to present witnesses, including prison correccional, fines (P10,000 to P50,000), and perpetual disqualification from public office.
  • Restrictions on transfer or reassignment during pendency, with required court notification and penalties for non-compliance.

Criminal Liability for Planting Evidence

  • Reclusion perpetua penalty for willfully planting explosive devices or parts to falsely implicate a person.
  • Defines planting as malicious surreptitious insertion for incrimination.

Provision for Continuous Trial

  • Judges to set continuous daily trials to ensure speedy disposition, completing cases within 90 days from arraignment.

Regulation of Import, Sale, and Possession of Explosive Chemicals and Accessories

  • Only entities with licenses from PNP-Firearms and Explosives Division may import, sell, or possess certain chemicals/accessories.
  • Chemicals include chlorates, nitrates, nitric acid, and others used in manufacture of explosives.
  • Applicants must file purpose and maintain permanent records open for inspection.
  • Violation of these provisions is ground for license cancellation and confiscation of chemicals/accessories.

Separability Clause

  • Invalidity of any provision does not affect other provisions, which remain in effect.

Repealing Clause

  • Repeals or modifies inconsistent laws, decrees, orders, rules, or regulations.

Effectivity

  • Law takes effect 15 days after publication in the Official Gazette or newspapers of general circulation.

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