Republic of the Philippines

Congress of the Philippines

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand seven.
Republic Act No. 9516
December 22
Amending Section 3 and 4 of PD 1866
AN ACT FURTHER AMENDING THE PROVISIONS OF PRESIDENTIAL DECREE NO. 1866, AS
AMENDED, ENTITLED CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION,
MANUFACTURE, DEALING IN, ACQUISITION OR DISPOSITION OF FIREARMS, AMMUNITION
OR EXPLOSIVES OR INSTRUMENTS USED IN THE MANUFACTURE OF FIREARMS,
AMMUNITION OR EXPLOSIVES, AND IMPOSING STIFFER PENALTIES FOR CERTAIN
VIOLATIONS THEREOF, AND FOR OTHER RELEVANT PURPOSES"
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled::
Section 1. Section 3 of Presidential Decree No. 1866, as amended, is hereby further amended to
read as follows:
"Section 3. Unlawful Manufacture, Sales, Acquisition, Disposition, Importation or Possession
of an Explosive or Incendiary Device. - The penalty of reclusion perpetua shall be imposed
upon any person who shall willfully and unlawfully manufacture, assemble, deal in, acquire,
dispose, import or possess any explosive or incendiary device, with knowledge of its
existence and its explosive or incendiary character, where the explosive or incendiary device
is capable of producing destructive effect on contiguous objects or causing injury or death to
any person, including but not limited to, hand grenade(s), rifle grenade(s), 'pillbox bomb',
'molotov cocktail bomb', 'fire bomb', and other similar explosive and incendiary devices.
"Provided, That mere possession of any explosive or incendiary device shall be prima
facie evidence that the person had knowledge of the existence and the explosive or
incendiary character of the device.
"Provided, however, That a temporary, incidental, casual, harmless, or transient possession
or control of any explosive or incendiary device, without the knowledge of its existence or its
explosive or incendiary character, shall not be a violation of this Section.
"Provided, Further, That the temporary, incidental, casual, harmless, or transient possession
or control of any explosive or incendiary device for the sole purpose of surrendering it to the
proper authorities shall not be a violation of this Section.

"Provided, finally, That in addition to the instances provided in the two (2) immediately
preceeding paragraphs, the court may determine the absence of the intent to possess,
otherwise referred to as'animus possidendi", in accordance with the facts and circumstances
of each case and the application of other pertinent laws, among other things, Articles 11 and
12 of the Revised Penal Code, as amended."
Section 2. Section 4 of Presidential Decree No. 1866, as amended, is hereby further amended to
read as follows:
"SEC 3-A. Unlawful Manufacture, Sales, Acquisition, Disposition, Importation or Possession
of a Part, Ingredient, Machinery, Tool or Instrument Used or Intended to be Used for the
Manufacture, Construction, Assembly, Delivery or Detonation. - The penalty of reclusion
perpetua shall be imposed upon any person who shall willfully and unlawfully manufacture,
assemble, deal in, acquire, dispose, import or possess any part, ingredient, machinery, tool
or instrument of any explosive or incendiary device, whether chemical, mechanical,
electronic, electrical or otherwise, used or intended to be used by that person for its
manufacture, construction, assembly, delivery or detonation, where the explosive or
incendiary device is capable or is intended to be made capable of producing destructive
effect on contiguous objects or causing injury or death to any person.
"Provided, That the mere possession of any part, ingredient, machinery, tool or instrument
directly used in the manufacture, construction, assembly, delivery or detonation of any
explosive or incendiary device, by any person whose business activity, or employment does
not lawfully deal with the possession of such article shall be prima facie evidence that such
article is intended to be used by that person in the unlawful/illegal manufacture, construction,
assembly, delivery or detonation of an explosive or incendiary device.
"Provided, however, That a temporary incidental, casual, harmless or transient possession or
control of any part, machinery, tool or instrument directly used in the manufacture,
construction, assembly, delivery or detonation of any explosive or incendiary device, without
the knowledge of its existence or character as part, ingredient, machinery, tool or instrument
directly used in the manufacture, construction, assembly, delivery or detonation of any
explosive or incendiary device, shall not be a violation of this Section.
"Provided, Further, That the temporary, incidental, casual, harmless, or transient possession
or control of any part, ingredient, machinery, tool or instrument directly used in the
manufacture, construction, assembly, delivery or detonation of any explosive or incendiary
device for the sole purpose of surrendering it to the proper authorities shall not be a violation
of this Section.
"Provided, finally, That in addition to the instances provided in the two (2) immediately
preceeding paragraphs, the court may determine the absence of the intent to possess,
otherwise referred to as 'animus possidendi', in accordance with the facts and circumstances
of each case and the application of other pertinent laws, among other things, Articles 11 and
12 of the Revised Penal Code, as amended."
Section 3. Insert a new Section 3-B, 3-C, 3-D, 4, 4-A, 4-B, 4-C, 4-D, 4-E, 4-E and 4-F in Presidential
Decree No. 1866 to read as follows:
"SEC. 3-B. Penalty for the Owner, President, Manager, Director or Other Responsible Officer
of Any Public or Private Firm, Company, Corporation or Entity. - The penalty of reclusion
perpetua shall be imposed upon the owner, president, manager, director or other responsible

officer of any public or private firm, company, corporation or entity, who shall willfully or
knowingly allow any explosive or incendiary device or parts thereof owned or controlled by
such firm, company, corporation or entity to be used by any person or persons found guilty of
violating the provisions of the preceding paragraphs.
"SEC. 3-C. Relationship of Other Crimes with a Violation of this Decree and the Penalty
Therefor. - When a violation of Section 3, 3-A or 3-B of this Decree is a necessary means for
committing any of the crimes defined in the Revised Penal Code or special laws, or is in
furtherance of, incident to, in connection with, by reason of, or on occassion of any of the
crimes defined in the Revised Penal Code or special laws, the penalty of reclusion
perpetua and a fine ranging from One hundred Thousand pesos (P100,000.00) to One
million pesos (P1,000,000.00) shall be imposed.
"SEC. 3-D. Former Conviction or Acquittal; Double Jeopardy. - Subject to the provisions of
the Rules of Court on double jeopardy, if the application thereof is more favorable to the
accused, the conviction or acquittal of the accused or the dismissal of the case for violation
of this Decree shall be a bar to another prosecution of the same accused for any offense
where the violation of this Decree was a necessary means for committing the offense or in
furtherance of which, incident to which, in connection with which, by reason of which, or on
occasion of which, the violation of this Decree was committed, and vice versa.
"SEC. 4. Responsibility and liability of Law Enforcement Agencies and Other Government
Officials and Employees in Testifying as Prosecution Witnesses. - Any member of law
enforcement agencies or any other government official and employee who, after due notice,
fails or refuses, intentionally or negligently, to appear as a witness for the prosecution of the
defense in any proceeding, involving violations of this Decree, without any valid reason, shall
be punished with reclusion temporal and a fine of Five hundred Thousand pesos
(P500,000.00) in addition to the administrative liability he/she may be meted out by his/her
immediate superior and/or appropriate body.
"The immediate superior of the member of the law enforcement agency or any other
government employee mentioned in the preceding paragraph shall be penalized with prision
correccional and a fine of not less than Ten Thousand pesos (P10,000.00) but not more than
Fifty thousand pesos (P50,000.00) and in addition, perpetual absolute disqualification from
public office if despite due notice to them and to the witness concerned, the former does not
exert reasonable effort to present the latter to the court.
"The member of the law enforcement agency or any other government employee mentioned
in the preceding paragraphs shall not be transferred or reassigned to any other government
office located in another territorial jurisdiction during the pendency of the case in court.
However, the concerned member of the law enforcement agency or government employee
may be transferred or reassigned for compelling reasons: Provided, That his/her immediate
superior shall notify the court where the case is pending of the order to transfer or reassign,
within twenty-four (24) hours from its approval: Provided, further, That his/her immediate
superior shall be penalized with prision correccional and a fine of not less than Ten thousand
pesos (P10,000.00) but not more than Fifty thousand pesos (P50,000.00) and in addition,
perpetual absolute disqualification from public office, should he/she fail to notify the court of
such order to transfer or reassign.
"Prosecution and punishment under this Section shall be without prejudice to any liability for
violation of any existing law.

"SEC 4-A. Criminal Liability for Planting of Evidence. - Any person who is found guilty of
'planting' any explosive or incendiary device or any part, ingredient, machinery, tool or
instrument of any explosive or incendiary device, whether chemical, mechanical, electronic,
electrical or otherwise, shall suffer the penalty of reclusion perpetua.
"Planting of evidence shall mean the willful act by any person of maliciously and
surreptitiously inserting, placing, adding or attaching, directly or indirectly, through any overt
or covert act, whatever quantity of any explosive or incendiary device or any part, ingredient,
machinery, tool or instrument of any explosive or incendiary device, whether chemical,
mechanical, electronic, electrical or otherwise in the person, house, effects or in the
immediate vicinity of an innocent individual for the purpose of implicating incriminating or
imputing the commission of any violation of this Decree.
"SEC. 4-B. Continuous Trial. - In cases involving violations of this Decree, the judge shall set
the case for continuous trial on a daily basis from Monday to Friday or other short-term trial
calendar so as to ensure speedy trial. Such case shall be terminated within ninety (90) days
from arraignment of the accused.
"SEC. 4-C. Authority to Import, Sell or Possess Chemicals or Accessories for Explosives. Only persons or entities issued a manufacturer's license, dealer's license or purchaser's
license by the Philippine National Police (PNP)-Firearms and Explosives Division may import
any of the chemical or accessories that can be used in the manufacture of explosives or
explosive ingredients from foreign suppliers, or possess or sell them to licensed dealers or
end users, as the case may be.
"SEC. 4-D. Types of Chemicals/Accessories Covered. - The chemicals and accessories
mentioned in the preceding Section shall exclusively refer to chlorates, nitrates, nitric acid
and such other chemicals and accessories that can be used for the manufacture of
explosives and explosive ingredients.
"SEC. 4-E. Record of Transactions. - Any person or entity who intends to import, sell or
possess the aforecited chemicals or accessories shall file an application with the chief of the
PNP, stating therein the purpose for which the license and/or permit is sought and such other
information as may be required by the said official. The concerned person or entity shall
maintain a permanent record of all transactions entered into in relation with the aforecited
chemicals or accessories, which documents shall be open to inspection by the appropriate
authorities.
"SEC. 4-F. Cancellation of License. - Failure to comply with the provision of Section 4-C, 4-D
and 4-E shall be sufficient cause for the cancellation of the license and the confiscation of all
such chemicals or accessories, whether or not lawfully imported, purchased or possessed by
the subject person or entity."
Sec. 4. Separability Clause. - If, for any reason, any provision of this Act is declared to be
unconstitutional or invalid, the other Sections or provisions thereof which are not affected thereby
shall continue to be in full force and effect.
Sec. 5. Repealing Clause. - All laws, decrees, orders, rules and regulations or parts thereof
inconsistent with the provisions of this Act are hereby repealed, amended, or modified accordingly.
Sec. 6. Effecfivity. - This Act shall take effect after fifteen (15) days following its publication in the
Official Gazette or in two (2) newspapers of general circulation.

Approved

(Sgd.) PROSPERO C. NOGRALES

(Sgd.) MANNY VILLAR

This Act which is a consolidation of Senate Bill No. 2230 and House Bill No. 3242 was finally passed
by the Senate and the House of Representative on October 8, 2008 and November 24, 2008,
respectively.

(Sgd.) MARILYN B. BARUA-YAP

(Sgd.) EMMA LIRIO-REYES

Approved: DEC 22, 2008