Legal basis and what it amends
- Section 1 amends Paragraph three of Presidential Decree No. 9 by replacing its penalty and the associated unlawful-carry rule.
- The amended rule under Paragraph three of Presidential Decree No. 9 governs carrying outside one’s residence bladed, pointed or blunt weapons.
- Section 2 directs that Article 22 of the Revised Penal Code applies to persons previously convicted under the amended Paragraph three of Presidential Decree No. 9.
- Section 3 repeals laws or ordinances inconsistent with Batas Pambansa Blg. 6.
Policy and purpose
- Batas Pambansa Blg. 6 reduces the penalty for illegal possession of bladed, pointed or blunt weapons.
- Batas Pambansa Blg. 6 amends Presidential Decree No. 9 to implement that reduction.
Core prohibited conduct and covered items
- The act makes it unlawful to carry outside of one’s residence any bladed, pointed or blunt weapon such as “knife”, “spear”, “pana”, “dagger”, “bolo”, “barong”, “kris”, or “chako”.
- The unlawful-carry rule applies to carrying outside one’s residence.
- Carrying is allowed only where such articles are being used as necessary tools or implements to earn a livelihood or in pursuit of a lawful activity.
- Liability is imposed when a person is found guilty of the unlawful carrying described above.
Penalties for the offense
- The penalty for the offense in the amended Paragraph three of Presidential Decree No. 9 is imprisonment of not less than one month nor more than one year.
- The penalty also includes a fine of not less than Two Hundred Pesos nor more than Two Thousand Pesos.
- The court may impose both imprisonment and fine “as the Court may direct”.
- The penalty structure is established by Section 1 through the revised wording of Paragraph three of Presidential Decree No. 9.
Retroactive application to prior convictions
- Section 2 provides that Article 22 of the Revised Penal Code applies to persons previously convicted under Paragraph three of Presidential Decree No. 9.
- This directive applies specifically to those previously convicted under the prior unlawful-carry provision for bladed, pointed or blunt weapons.
Repeal and effectivity
- Section 3 repeals any law or ordinance inconsistent with Batas Pambansa Blg. 6.
- Section 4 states that the act takes effect upon its approval (November 21, 1978).