This Presidential Decree consolidates and strengthens laws regarding illegal possession, manufacture, and use of firearms, ammunition, and explosives in the Philippines. It prescribes harsher penalties, including death, for crimes involving unlicensed firearms and explosives that result in death. The decree also establishes presumptions of guilt for possession of manufacturing tools without a valid license and increases penalties for tampering with firearms and explosives.
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PD 1866
This Presidential Decree consolidates and strengthens laws regarding illegal possession, manufacture, and use of firearms, ammunition, and explosives in the Philippines. It prescribes harsher penalties, including death, for crimes involving unlicensed firearms and explosives that result in death. The decree also establishes presumptions of guilt for possession of manufacturing tools without a valid license and increases penalties for tampering with firearms and explosives.
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PRESIDENTIAL DECREE No. 1866
t coDrFYlNG THE LAWS ON TLLEGAL'UI{LAUUFUL PCTSSESSION, ITiANUFACTURE, DEALTNG lN, ACQUlsmON OR DtSpOStTtON, OF FIREARIIS, AiIMUNMOil OR EXPLOSTVES O( TNSTRUTENTS USED tN THE ilANUFACruRE OF F|REARXI, AXilUNITKD{ OR EXP|_OSIVES, AtlD IMPOSING STIFFER PENALIIES FOR CERTAIN VIOLANONS THEREOF AND FOR RELEVANT PURPOSES
. VWEREAS, there has Ueen ah ,p.rfgi of crlrnes vitally afiecting pubtic order . and s#y due to the pollbration of nlryily po€sessed and manuf;aclured I
firearms, ammunltion and oplcives;
VVI'IEREAS, these criminal acts have resutbd in loss of human livee, damage to property and desfirlion of wluabld resources of the counry
W'IEREAS, ther6 are various laum and presidential decrees;which penalized
illegal possession and manufaciure of fiearms, ammunition and e{glosives;
WHEREAS, there is a need to consolidate, codifo and integrate said laws and presidential decrees to hannonize their provisbns;
WHEREAS. there are some provisions in sak, lalr,a.aDd p.EsrdCntial decrees
which must be updated and revised ih o(eito more eftcd\rely deter violators;ot. the law on firearms, ammunition and explosives
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of tire Philhpi'nes,
by virtr.re d the porerc in me vesGd by the Constitution, do' hereby decree: .
Secdon 1. Unlawful Manufaclure, Salr, Aoguisrilioa Dispostirn or Possession
of Fircanns or Ammunition or lnstrufiEnts Used or lntended to be Used in the Manufacturc of Firearms of Ammunilion.: The penalty of reclusion ternporal in its maximum period to reclusion perpetua shall be imposed upon arry person whg_ shall unlawfirlly manufac'ture, deal in, acquire, dispoee, or pceess any frcarm,' part of firedm, ammunitircn or maihinery tool or instrument used or inlended tcii, be used in the manufacture of any firearm or ammunition.
lf homicide or murder is committed with the use of an unlicensed firearm, the
penalty of death shall be imposed.
lf the violation of this Seclion is in furtherance of, or incident to, or in connection
with the crimes of rebellion, insunection or subversion, the penahy of death shall be imposed.
The penalty of reclusion temporal in its maximum period to reclusion perp€tua
shall be .imposed upon the owner, president, manager, director or other ': -- a.' I \: I
responsible offcer of any public or prirrate.ftrm, company, tion or entity,
"o?pon by sucfi firm, who shall willfully or knodngly allow any of the fiea.rms ovmed company, corporat'on. or enttty to be used by any perBon or persons found guilty of violating the provisions of the preceding paragnaphe.
The penalty of prision mayor shall be impoeed upon any person whoshail cahy any lbensed firearm outskJe his resirJence without hgat autrority therefor.
Secdon 2. Pnsumption of lilegal MafuhAwe of Flrcarms or Ammuni{on. -Tle
possession of any machinery, tool or instlument used direcdy in the manufacfure of firearms or ammunition, by any percon whose business or employment doeS not laufulty deal with the manuhcture of ftrearms or ammunition, shall be prima facie evidence that such article is intended to be used in the unlarvfuUillegal manufacfure of firearms or ammunition.
Section 3. Unlawful Manufadwe, Salrs, Aoguisrition, Disposffon or Possessicn
of Explosiws. - The penalty of reclusion bmporal ln ib maximum period to reclusion perpehra shall be imposed upon any person who shall untawfully manufacture, assemble, deal in, acquirel dispose or possess handgrcnade(B), rifle genade(s) and other 6xplosir,€s, induding but not limited to "philbox bombS', 'molotov coddail bomb', 'fio$ornbs", or other lncerdiary devices capable of producing destrucnive efiect ori contiguous objecG or causingi injury or death to any person. \. Any percon who commib any of the crimee defined in the Revised Penal Code or special laws with tlle use of the aforernentioned explosives, detonation agertts or incendiary devices, which results in the death of any person or pesons shall be punished with the penalty of death. ;
]f the violation of this Sec*ion is in furtherance of or incillent to, or in connection
with the crimes of rebellion, insunection or subrrcrsion, the penalty of doah shall be impced.
The penalty of rcclusbn tsmporal in its madmum pgdod !o rcdusbn perpetu{.'
shall be imposed upon the oivner, prcsHent, manager, director or gtlgl:,, responslbb officer of any public or private firm, comimny, corporation or entlty, who shall willfully or knowingly allow any of the explosives owne{ by such firm, company, corporation or 6ntity to be used by arty person or persons bund guilty of violating the provisions of the preceding paragraphs.
Sectlon 4, Prcanmption of Unlavvful Manufactwe. - The . possession of any
machinery, tool or instrument dhecdy used in the manufacture of explosives, by I any person whose business or employment does not lawfully deal with the manuhcture of explosives shall be prima facie evidence that sucfi adicle is interded to bo used in the unlawful{llegal manufac,ture of explosives.
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it I Secton 5. Tampering of Firearm's Sedal Numfur. - The penalty of prision mayor shall be imposed upon any person who shall unlanfirlly tamper, drange, derface or erase the serial number of any fr6am.
Secton 6. Repac*ing w Altering the @npositlon ol Lawtully Manufadqcd
Explosiros. - The penatty of prbion mayor shall be impoged uport any perBon ,i, who shall unlawfully repack, alter or modlfy fre compodition of .any lar6rlly manufacfu red elploeives. illr Secdon 7.. Unauthorhed ,ssuan6t .6f AutpriU to Carry Fircarm'and/or r li t,1,l! Ammunitton Outsi& of Resi&ttcc. - The penalty of prbion conecdonal shall be imposed upon any penlon, civilian'or military, who shall issue authority to @fy firearm andlor ammunition outsirle of resldence, withbut authorig therefor. I
Section 8. Rules aN Regulations. - The Chief of the Philippine Constabulary
shall pronuQate the rules and regulations fur the efrctivo implemeatetion of this Decree.
Section 9. - Repealing Clause. Thd. povisions of Republic Act No. 4. Presuential Decree No. I, Presidential Decree No. '|.728 and all lavrs, decreee, ordec, insbuctions, rules and regulations wltblt are inconsisEnt wth hb D€croe are hercby repealed, amended or modified accordiryly. \. Section 10. Etreclivfty. - This Decree shall take efiect afier fifteen (15) days following the completion of its publication in the Official GazEte.
Done in the City of Manila, this 29th day of June, in the year of Our Lord, nineteen hundred and eighty-th ee.