grenade(s), rifle grenade(s), 'pillbox

bomb', 'molotov cocktail bomb', 'fire

bomb', and other similar explosive
and incendiary devices.
Fourteenth Congress
Second Regular Session
"Provided, That mere possession of
any explosive or incendiary device
Begun and held in Metro Manila, on Monday,
shall be prima facie evidence that the
the twenty-third day of July, two thousand
person had knowledge of the
seven.
existence and the explosive or
incendiary character of the device.
REPUBLIC ACT No. 9516            
December 22
"Provided, however, That a
Amending Section 3 and 4 of PD 1866
temporary, incidental, casual,
harmless, or transient possession or
AN ACT FURTHER AMENDING THE control of any explosive or incendiary
PROVISIONS OF PRESIDENTIAL device, without the knowledge of its
DECREE NO. 1866, AS AMENDED, existence or its explosive or
ENTITLED CODIFYING THE LAWS incendiary character, shall not be a
ON ILLEGAL/UNLAWFUL violation of this Section.
POSSESSION, MANUFACTURE,
DEALING IN, ACQUISITION OR
"Provided, Further, That the
DISPOSITION OF FIREARMS,
temporary, incidental, casual,
AMMUNITION OR EXPLOSIVES OR
harmless, or transient possession or
INSTRUMENTS USED IN THE
control of any explosive or incendiary
MANUFACTURE OF FIREARMS,
device for the sole purpose of
AMMUNITION OR EXPLOSIVES, AND
surrendering it to the proper
IMPOSING STIFFER PENALTIES FOR
authorities shall not be a violation of
CERTAIN VIOLATIONS THEREOF,
this Section.
AND FOR OTHER RELEVANT
PURPOSES"
"Provided, finally, That in addition to
the instances provided in the two (2)
Be it enacted by the Senate and House of
immediately preceeding paragraphs,
Representatives of the Philippines in
the court may determine the absence
Congress assembled:
of the intent to possess, otherwise
referred to as 'animus possidendi", in
Section 1. Section 3 of Presidential Decree accordance with the facts and
No. 1866, as amended, is hereby further circumstances of each case and the
amended to read as follows: application of other pertinent laws,
among other things, Articles 11 and
"Section 3. Unlawful Manufacture, 12 of the Revised Penal Code, as
Sales, Acquisition, Disposition, amended."
Importation or Possession of an
Explosive or Incendiary Device. - The Section 2. Section 4 of Presidential Decree
penalty of reclusion perpetua shall be No. 1866, as amended, is hereby further
imposed upon any person who shall amended to read as follows:
willfully and unlawfully manufacture,
assemble, deal in, acquire, dispose,
"SEC 3-A. Unlawful Manufacture,
import or possess any explosive or
Sales, Acquisition, Disposition,
incendiary device, with knowledge of
Importation or Possession of a Part,
its existence and its explosive or
Ingredient, Machinery, Tool or
incendiary character, where the
Instrument Used or Intended to be
explosive or incendiary device is
Used for the Manufacture,
capable of producing destructive
Construction, Assembly, Delivery or
effect on contiguous objects or
Detonation. - The penalty of
causing injury or death to any person,
reclusion perpetua shall be imposed
including but not limited to, hand
upon any person who shall willfully assembly, delivery or detonation of
and unlawfully manufacture, any explosive or incendiary device
assemble, deal in, acquire, dispose, for the sole purpose of surrendering it
import or possess any part, to the proper authorities shall not be a
ingredient, machinery, tool or violation of this Section.
instrument of any explosive or
incendiary device, whether chemical, "Provided, finally, That in addition to
mechanical, electronic, electrical or the instances provided in the two (2)
otherwise, used or intended to be immediately preceeding paragraphs,
used by that person for its the court may determine the absence
manufacture, construction, assembly, of the intent to possess, otherwise
delivery or detonation, where the referred to as 'animus possidendi', in
explosive or incendiary device is accordance with the facts and
capable or is intended to be made circumstances of each case and the
capable of producing destructive application of other pertinent laws,
effect on contiguous objects or among other things, Articles 11 and
causing injury or death to any person. 12 of the Revised Penal Code, as
amended."
"Provided, That the mere possession
of any part, ingredient, machinery, Section 3. Insert a new Section 3-B, 3-C, 3-
tool or instrument directly used in the D, 4, 4-A, 4-B, 4-C, 4-D, 4-E, 4-E and 4-F in
manufacture, construction, assembly, Presidential Decree No. 1866 to read as
delivery or detonation of any follows:
explosive or incendiary device, by
any person whose business activity, "SEC. 3-B. Penalty for the Owner,
or employment does not lawfully deal President, Manager, Director or
with the possession of such article Other Responsible Officer of Any
shall be prima facie evidence that Public or Private Firm, Company,
such article is intended to be used by Corporation or Entity. - The penalty
that person in the unlawful/illegal of reclusion perpetua shall be
manufacture, construction, assembly, imposed upon the owner, president,
delivery or detonation of an explosive manager, director or other responsible
or incendiary device. officer of any public or private firm,
company, corporation or entity, who
"Provided, however, That a shall willfully or knowingly allow
temporary incidental, casual, any explosive or incendiary device or
harmless or transient possession or parts thereof owned or controlled by
control of any part, machinery, tool or such firm, company, corporation or
instrument directly used in the entity to be used by any person or
manufacture, construction, assembly, persons found guilty of violating the
delivery or detonation of any provisions of the preceding
explosive or incendiary device, paragraphs.
without the knowledge of its
existence or character as part, "SEC. 3-C. Relationship of Other
ingredient, machinery, tool or Crimes with a Violation of this
instrument directly used in the Decree and the Penalty Therefor. -
manufacture, construction, assembly, When a violation of Section 3, 3-A or
delivery or detonation of any 3-B of this Decree is a necessary
explosive or incendiary device, shall means for committing any of the
not be a violation of this Section. crimes defined in the Revised Penal
Code or special laws, or is in
"Provided, Further, That the furtherance of, incident to, in
temporary, incidental, casual, connection with, by reason of, or on
harmless, or transient possession or occassion of any of the crimes
control of any part, ingredient, defined in the Revised Penal Code or
machinery, tool or instrument directly special laws, the penalty of reclusion
used in the manufacture, construction, perpetua and a fine ranging from One
hundred Thousand pesos not exert reasonable effort to present
(P100,000.00) to One million pesos the latter to the court.
(P1,000,000.00) shall be imposed.
"The member of the law enforcement
"SEC. 3-D. Former Conviction or agency or any other government
Acquittal; Double Jeopardy. - Subject employee mentioned in the preceding
to the provisions of the Rules of paragraphs shall not be transferred or
Court on double jeopardy, if the reassigned to any other government
application thereof is more favorable office located in another territorial
to the accused, the conviction or jurisdiction during the pendency of
acquittal of the accused or the the case in court. However, the
dismissal of the case for violation of concerned member of the law
this Decree shall be a bar to another enforcement agency or government
prosecution of the same accused for employee may be transferred or
any offense where the violation of reassigned for compelling
this Decree was a necessary means reasons: Provided, That his/her
for committing the offense or in immediate superior shall notify the
furtherance of which, incident to court where the case is pending of the
which, in connection with which, by order to transfer or reassign, within
reason of which, or on occasion of twenty-four (24) hours from its
which, the violation of this Decree approval: Provided, further, That
was committed, and vice versa. his/her immediate superior shall be
penalized with prision
"SEC. 4. Responsibility and liability correccional and a fine of not less
of Law Enforcement Agencies and than Ten thousand pesos
Other Government Officials and (P10,000.00) but not more than Fifty
Employees in Testifying as thousand pesos (P50,000.00) and in
Prosecution Witnesses. - Any addition, perpetual absolute
member of law enforcement agencies disqualification from public office,
or any other government official and should he/she fail to notify the court
employee who, after due notice, fails of such order to transfer or reassign.
or refuses, intentionally or
negligently, to appear as a witness for "Prosecution and punishment under
the prosecution of the defense in any this Section shall be without
proceeding, involving violations of prejudice to any liability for violation
this Decree, without any valid reason, of any existing law.
shall be punished with reclusion
temporal and a fine of Five hundred "SEC 4-A. Criminal Liability for
Thousand pesos (P500,000.00) in Planting of Evidence. - Any person
addition to the administrative liability who is found guilty of 'planting' any
he/she may be meted out by his/her explosive or incendiary device or any
immediate superior and/or part, ingredient, machinery, tool or
appropriate body. instrument of any explosive or
incendiary device, whether chemical,
"The immediate superior of the mechanical, electronic, electrical or
member of the law enforcement otherwise, shall suffer the penalty
agency or any other government of reclusion perpetua.
employee mentioned in the preceding
paragraph shall be penalized with "Planting of evidence shall mean the
prision correccional and a fine of not willful act by any person of
less than Ten Thousand pesos maliciously and surreptitiously
(P10,000.00) but not more than Fifty inserting, placing, adding or
thousand pesos (P50,000.00) and in attaching, directly or indirectly,
addition, perpetual absolute through any overt or covert act,
disqualification from public office if whatever quantity of any explosive or
despite due notice to them and to the incendiary device or any part,
witness concerned, the former does ingredient, machinery, tool or
instrument of any explosive or with the aforecited chemicals or
incendiary device, whether chemical, accessories, which documents shall
mechanical, electronic, electrical or be open to inspection by the
otherwise in the person, house, appropriate authorities.
effects or in the immediate vicinity of
an innocent individual for the purpose "SEC. 4-F. Cancellation of License. -
of implicating incriminating or Failure to comply with the provision
imputing the commission of any of Section 4-C, 4-D and 4-E shall be
violation of this Decree. sufficient cause for the cancellation
of the license and the confiscation of
"SEC. 4-B. Continuous Trial. - In all such chemicals or accessories,
cases involving violations of this whether or not lawfully imported,
Decree, the judge shall set the case purchased or possessed by the subject
for continuous trial on a daily basis person or entity."
from Monday to Friday or other
short-term trial calendar so as to Sec. 4. Separability Clause. - If, for any
ensure speedy trial. Such case shall reason, any provision of this Act is declared
be terminated within ninety (90) days to be unconstitutional or invalid, the other
from arraignment of the accused. Sections or provisions thereof which are not
affected thereby shall continue to be in full
"SEC. 4-C. Authority to Import, Sell force and effect.
or Possess Chemicals or Accessories
for Explosives. - Only persons or Sec. 5. Repealing Clause. - All laws, decrees,
entities issued a manufacturer's orders, rules and regulations or parts thereof
license, dealer's license or purchaser's inconsistent with the provisions of this Act
license by the Philippine National are hereby repealed, amended, or modified
Police (PNP)-Firearms and accordingly.
Explosives Division may import any
of the chemical or accessories that Sec. 6. Effecfivity. - This Act shall take effect
can be used in the manufacture of after fifteen (15) days following its
explosives or explosive ingredients publication in the Official Gazette or in two
from foreign suppliers, or possess or (2) newspapers of general circulation
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