Definitions
- "Act": Refers to Presidential Decree No. 1866.
- "Convict": Prisoner serving final sentence for specified offenses.
- "Director": Director of the Bureau of Corrections.
- "Warden": Warden of a provincial or city jail.
- "Secretary": Secretary of the Department of Justice.
Coverage of the Rules
- Applies to convicts guilty of offenses such as:
- Illegal manufacturing, dealing, possession, acquisition, or disposal of firearms, parts, ammunition, or related tools.
- Allowing firearms owned by companies/entities to be used unlawfully.
- Carrying licensed firearms outside legal residence without authority.
- Illegal activities involving hand grenades, rifle grenades, and other explosives or incendiary devices.
- Allowing explosives owned by entities to be used unlawfully.
- Tampering with or altering firearm serial numbers.
- Illegal repacking or modification of manufactured explosives.
Disqualified Convicts
- Excludes convicts who committed additional crimes during the offenses listed.
- Excludes convicts whose convictions under the Act are currently on appeal.
Automatic Case Review
- Director or Warden must independently review prison records of convicts serving sentences for covered offenses upon the Rules’ effectivity.
Application by Convict
- Convict or legal counsel may file written application to Director or Warden for sentence adjustment under RA 8294.
Reporting Requirement
- Director or Warden submits detailed report to the Secretary for each reviewed case.
Documentation Accompanying Report
- Reports must include:
- Certified true copy of prosecutor’s information.
- Clerk’s certification regarding appeal status.
- Certified true copy of trial and appellate court decisions (if any).
Secretary’s Authority and Actions
- Secretary may adjust sentence based on report.
- Secretary orders entry of new sentence expiration date in records.
- If sentence served fully considering adjustment, Secretary orders convict’s release.
- Board of Pardons and Parole Executive Director receives a copy of the order.
Return of Report for Restudy
- Secretary may return the report for further study if disagrees with recommendations.
Effectivity
- Rules take effect 15 days after publication in a newspaper of general circulation.