Title
Supreme Court
Penalizing Wilful and Indiscriminate Firearm Discharge
Law
Republic Act No. 11926
Decision Date
Jul 30, 2022
An amendment to the Revised Penal Code in the Philippines increases penalties for the wilful and indiscriminate discharge of firearms, aiming to address the alarming and dangerous use of rockets, firecrackers, and other explosives.

Law Summary

Amendments to Article 254: Discharge of Firearms

Shooting at Another Person

  • Any person who shoots at another with any firearm shall face prision correccional (penitentiary correction) in its minimum and medium periods.
  • Exceptions apply if the act constitutes a more serious crime like frustrated or attempted parricide, murder, or homicide, which carry higher penalties.

Wilful and Indiscriminate Discharge of Firearms

  • Punishes the wilful and indiscriminate discharge of firearms or any device functionally used as a firearm.
  • Penalty: Arresto mayor (serious arrest) in its maximum period.
  • Higher penalties may apply if the act constitutes a different crime with greater penalties.

Offenses Committed by Military and Law Enforcement Personnel

  • If committed by members of the military, military auxiliary agencies, or law enforcement authorized to bear firearms but not in the performance of official duties, the penalty is increased by one degree.
  • Such personnel may also face administrative liability.

Additional Penalties

  • Automatic and summary cancellation of any firearm license or permit held by the offender.
  • Perpetual disqualification from obtaining any future firearm license or permit.

Separability Clause

  • Invalidity or unconstitutionality of any provision does not affect the validity of the remaining provisions.

Repealing Clause

  • All laws, orders, proclamations, rules, and regulations inconsistent with this Act are repealed or modified accordingly.

Effectivity Clause

  • The Act takes effect fifteen (15) days after its publication in the Official Gazette or a newspaper of general circulation.

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