Title
Unlawful Violations of Martial Law Orders
Law
Presidential Decree No. 9
Decision Date
Oct 2, 1972
Presidential Decree No. 9 prohibits the use, possession, and carrying of firearms, explosives, and other deadly weapons in acts of subversion, rebellion, insurrection, lawless violence, and public disorder, with violators facing severe penalties including death penalty or imprisonment.

Law Summary

Declaration of Unlawfulness and Scope of Violations

  • Any violation of General Orders No. 6 and No. 7 is declared unlawful under this decree.
  • The law specifically targets unlawful possession and use of firearms and other deadly weapons involved in these violations.

Penalties for Violations Involving Unlicensed Firearms

  • Mandatory death penalty by firing squad or electrocution may be imposed if:
    • The firearm is unlicensed.
    • The violation involves assault or resistance against persons in authority or their agents in the performance of official functions resulting in death.
    • The use of the unlicensed firearm causes death of the victim.
    • The firearm is used in violation of any other General Orders or Letters of Instruction under Proclamation No. 1081.

Penalties for Other Violations

  • Imprisonment ranging from twenty years to life imprisonment may be imposed for violations not involving the circumstances described above.

Liability of Corporate Officers and Entities

  • Owners, presidents, managers, board members, or responsible officers of public or private entities who willfully or knowingly permit the use of firearms in violation of the General Orders shall be subject to penalties as prescribed.

Prohibition and Penalties for Possession of Deadly Weapons and Explosives

  • Possession of deadly weapons such as hand-grenades, rifle grenades, and various explosive/incendiary devices (e.g., "pill box bombs," "molotov cocktails," "fire bombs") is unlawful.
  • Conviction carries imprisonment from ten to fifteen years.

Restrictions on Carrying Bladed or Pointed Weapons

  • Carrying bladed, pointed, or blunt weapons (e.g., "fanknife," spear, dagger, bolo, balisong, barong, kris, club) outside the residence is prohibited unless used as necessary tools for livelihood.
  • Penalties for violation range from five to ten years imprisonment.

Enhanced Penalties for Use During Commission or Intent to Commit Other Crimes

  • If violations involving firearms, deadly weapons, or bladed weapons occur during or for the purpose of committing another crime, penalties may be imposed to their maximum extent.
  • Additional penalties for the other committed or intended crimes will also apply.

Authority and Enforcement

  • Penalties under this decree shall be imposed and executed by military courts, tribunals, or commissions as directed.
  • The decree reflects the heightened judicial process under martial law conditions.

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