Title
Penalty for Illegal Possession of Bladed Weapons
Law
Batas Pambansa Blg. 6
Decision Date
Nov 21, 1978
A Philippine law enacted in 1978 reduces the penalty for illegal possession of bladed, pointed, or blunt weapons, allowing their carry if used for livelihood or lawful activities, while repealing any conflicting laws or ordinances.

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).

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