Law Changes to Revised Penal Code
- Section 1 amends Article 155 of Act No. 3815 (Alarms and Scandals).
- Section 2 amends Article 254 of Act No. 3815 (Discharge of Firearms).
- Republic Act No. 11926 updates the penalties and introduces additional consequences tied to firearm licensing for certain discharge offenses.
Article 155: Alarms and Scandals
- Article 155 imposes a penalty of arresto menor or a fine not exceeding PHP 40,000 for the offense.
- The penalty applies to any person who, within any town or public place, discharges any rocket, firecracker, or other explosives calculated to cause alarm or danger.
Article 254: Discharge of Firearms
- Article 254(a) provides that any person who shoots at another with any firearm suffers prision correccional in its minimum and medium periods.
- Article 254(a) allows a higher penalty when the facts constitute frustrated or attempted parricide, murder, homicide, or any other crime for which a higher penalty is prescribed.
- Article 254(b) imposes arresto mayor in its maximum period on any person who wilfully and indiscriminately discharges any firearm or any other device that may not have been designed as a firearm but can be functionally used as a firearm.
- Article 254(b) requires a higher penalty when the facts can constitute any other offense for which a higher penalty is prescribed.
- Article 254(c) increases the penalty one degree higher than that prescribed under Article 254(a) or Article 254(b) when 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.
- Article 254(c) provides that, in addition to the increased penalty, the offender may be held administratively liable.
- Article 254(c) mandates collateral consequences: any firearm license or permit issued in favor of the offender shall be summarily cancelled, and the offender shall be perpetually disqualified from being granted any firearm license or permit.
Military/Law Enforcement Consequences
- Members of the military and military auxiliary agencies or law enforcement agencies authorized to bear firearms face an increased criminal penalty one degree higher when discharge occurs outside official duties.
- The offender may also be held administratively liable for the same act.
- Firearm licensing outcomes follow automatically for qualifying offenders: summary cancellation of the existing firearm license or permit and perpetual disqualification from future grants.
Separability and Repeal
- Section 3 establishes a separability rule: if any provision or part of Republic Act No. 11926 is held invalid or unconstitutional, the remaining provisions not affected remain valid and subsisting.
- Section 4 provides a repealing clause: all laws, orders, proclamations, rules and regulations, or parts thereof, inconsistent with Republic Act No. 11926 are repealed or modified accordingly.