Article 47Act No. 3815, Sec./Art. 47

In what cases the death penalty shall not be imposed.-The death penalty shall be imposed in all cases in which it must be imposed under existing laws, except in the following cases:

1. When the guilty person be more than seventy years of age.

2. When upon appeal or revision of the case by the Supreme Court, all the members thereof are not unanimous in their voting as to the propriety of the imposition of the death penalty. For the imposition of said penalty or for the confirmation of a judgment of the inferior court imposing the death sentence, the Supreme Court shall render its decision per curiam, which shall be signed by all justices of said court, unless some member or members thereof shall have become disqualified from taking part in the consideration of the case, in which event the unanimous vote and signature of only the remaining justices shall be required.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

days within five (5) days after the period covered, which

shall contain:

(a) A complete inventory of such articles acquired daily

from whatever source and the names and addresses of

the persons from whom such articles were acquired.

(b) A full list of articles to be sold or offered for sale as well

as the place where the date when the sale or offer for sale

shall commence.

(c) The place where the articles are presently deposited or

kept in stock.

The Station Commander may, at his discretion when the

circumstances of each case warrant, require that the

affidavit submitted be accompanied by other documents

showing proof of legitimacy of the acquisition of the

articles.

2. A party required to secure a clearance or permit under

these

rules and regulations shall file an application

therefor with the Station Commander concerned. The

application shall state:

(a) The name, address and other pertinent circumstances

of the persons, in case of an individual or, in the case of a

firm, corporation, association, partnership or other entity,

the name, address and other pertinent circumstances of

the president, manager or officer-in-charge.

(b) The article to be sold or offered for sale to the public

and the name and address of the unlicensed dealer or

supplier from whom such article was acquired.

In support of the application, there shall be attached to it

the corresponding receipt or other equivalent document

to show proof of the legitimacy of acquisition of the

article.

3. The Station Commander shall examine the documents

attached

to

the

application

and

may

require

the

presentation of other additional documents, if necessary,

to show satisfactory proof of the legitimacy of acquisition

of the article, subject to the following conditions:

(a) If the legitimacy of acquisition of any article from an

unlicensed source cannot be satisfactorily established by

the documents presented, the Station Commander shall,

upon approval of the INP Superintendent in the district

and

at

the

expense

of

the

party

seeking

the

clearance/permit, cause the publication of a notice in a

newspaper of general circulation for two (2) successive

days enumerating therein the articles acquired from an

unlicensed dealer or supplier, the names and addresses

of the persons from whom they were acquired and shall

state that such articles are to be sold or offered for sale to

the public at the address of the store, establishment or

other

entity

seeking

the clearance/permit. In places

where no newspapers are in general circulation, the party

seeking the clearance or permit shall, instead, post a

notice daily for one week on the bulletin board of the

municipal building of the town where the store, firm,

establishment or entity concerned is located or, in the

case of an individual, where the articles in his possession

are to be sold or offered for sale.

(b) If after 15 days, upon expiration of the period of

publication or of the notice referred to in the preceding

paragraph, no claim is made with respect to any of the

articles

enumerated

in

the

notice,

the

Station

Commander shall issue the clearance or permit sought.

(c) If, before expiration of the same period for publication

of the notice or its posting, it shall appear that any of the

articles

in

question

is

stolen

property,

the

Station

Commander shall hold the article in restraint as evidence

in any appropriate case to be filed. Articles held in

restraint

shall

be

kept

and

disposed

of

as

the

circumstances of each case permit, taking into account

all considerations of right and justice in the case. In any

case where any article is held in restraint, it shall be the

duty

of

the

Station

Commander

concerned

to

advise/notify the Commission on Audit of the case and

comply with such procedure as may be proper under

applicable existing laws, rules and regulations.

4.

The

Station

Commander

concerned

shall,

within

seventy-two (72) hours from receipt of the application, act

thereon by either issuing the clearance/permit requested

or denying the same. Denial of an application shall be in

writing and shall state in brief the reason/s therefor.

5. The application, clearance/permit or the denial thereof,

including such other documents as may be pertinent in

the implementation of Section 6 of P.D. No. 1612 shall be

in the forms prescribed in Annexes "A", "B", "C", "D", and "E"

hereof, which are made integral parts of these rules and

regulations.

6. For the issuance of clearances/permit required under

Section 6 of P.D. No. 1612, no fee shall be charged.

IV. Appeals

Any party aggrieved by the action taken by the Station

Commander may elevate the decision taken in the case

to the proper INP District Superintendent and, if he is still

dissatisfied therewith may take the same on appeal to

the INP Director. The decision of the INP Director may

also be appealed to the INP Director-General whose

decision may likewise be appealed to the Minister of

National Defense. The decision of the Minister of National

Defense on the case shall be final. The appeal against the

decision taken by a Commander lower than the INP

Director-General

should be filed to the next higher

Commander within ten (10) days from receipt of notice of

the decision. The decision of the INP Director-General

should be appealed within fifteen (15) days from receipt

of notice of the decision.

V. Penalties

1. Any person who fails to secure the clearance or permit

required by Section 6 of P.D. 1612 or who violates any of

the provisions of these rules and regulations shall upon

conviction be punished as a fence.

2. The INP Director-General shall recommend to the

proper authority the cancellation of the business license

of the erring individual, store, establishment or the entity

concerned.

3. Articles obtained from unlicensed sources for sale or

offered

for

sale

without

prior

compliance

with

the

provisions of Section 6 of P.D. No. 1612 and with these

rules and regulations shall be held in restraint until

satisfactory evidence or legitimacy of acquisition has

been established.

4. Articles for which no satisfactory evidence of legitimacy

of acquisition is established and which are found to be

stolen property shall likewise be held under restraint and

shall, furthermore, be subject to confiscation as evidence

in the appropriate case to be filed. If, upon termination of

the case, the same is not claimed by their legitimate

owners, the article/s shall be forfeited in favor of the

government and made subject to disposition as the

circumstances warrant in accordance with applicable

existing laws, rules and regulations. The Commission on

Audit shall, in all cases, be notified.

5. Any personnel of the Integrated National Police found

violating the provisions of Section 6 of P.D. No. 1612 or any

of its implementing rules and regulations or who, in any

manner

whatsoever,

connives

with

or

through

his

negligence or inaction makes possible the commission of

such violations by any party required to comply with the

law and its implementing rules and regulations, shall be

prosecuted criminally without prejudice to the imposition

of administrative penalties.

VI. Visitorial Power

It shall be the duty of the owner of the store or of the

president, manager or responsible officer-in-charge of

any firm, establishment or other entity or of an individual

having in his premises articles to be sold or offered for

sale to the public to allow the Station Commander or his

authorized representative to exercise visitorial powers. For

this purpose, however, the power to conduct visitations

shall be exercise only during office or business hours and

upon

authority

in

writing

from

and

by

the

INP

© Compiled By RGL

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