Article 78Act No. 3815, Sec./Art. 78

When and how a penalty is to be executed.-No penalty shall be executed except by virtue of a final judgment.

A penalty shall not be executed in any other form than that prescribed by law, nor with any other circumstances or incidents than those expressly authorized thereby.

In addition to the provisions of the law, the special regulations prescribed for the government of the institutions in which the penalties are to be suffered shall be observed with regard to the character of the work to be performed, the time of its performance, and other incidents connected therewith, the relations of the convicts among themselves and other persons, the relief which they may receive, and their diet.

The regulations shall make provision for the separation of the sexes in different institutions, or at least into different departments, and also for the correction and reform of the convicts.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

be curio or relic of museum interest; and (3) any other

firearm which derives a substantial part of its monetary

value from the fact that it is novel, rare, bizarre or because

of its association with some historical figure, period or

event.

(d)

Arms

smuggling

refers

to

the

import,

export,

acquisition,

sale,

delivery,

movement

or

transfer

of

firearms, their parts and components and ammunition,

from or across the territory of one country to that of

another

country

which

has

not been authorized in

accordance

with

domestic

law

in

either

or

both

country/countries.

(e) Authority to import refers to a document issued by the

Chief of the Philippine National Police (PNP) authorizing

the importation of firearms, or their parts, ammunition

and other components.

(f) Authorized dealer refers to any person, legal entity,

corporation, partnership or business entity duly licensed

by the Firearms and Explosive Office (FEO) of the PNP to

engage

in

the

business

of

buying

and

selling

ammunition, firearms or part thereof, at wholesale or

retail basis.

(g) Authorized importer refers to any person, legal entity,

corporation, partnership or business duly licensed by the

FEO of the PNP to engage in the business of importing

ammunition

and firearms, or parts thereof into the

territory of the Republic of the Philippines for purposes of

sale or distribution under the provisions of this Act.

(h) Authorized manufacturer refers to any person, legal

entity, corporation, or partnership duly licensed by the

FEO

of

the

PNP

to

engage

in

the

business

of

manufacturing

firearms,

and

ammunition

or

parts

thereof for purposes of sale or distribution.1âwphi1

(i) Confiscated firearm refers to a firearm that is taken

into custody by the PNP, National Bureau of Investigation

(NBI), Philippine Drug Enforcement Agency (PDEA), and

all other law enforcement agencies by reason of their

mandate and must be necessarily reported or turned

over to the PEO of the PNP.

(j) Demilitarized firearm refers to a firearm deliberately

made incapable of performing its main purpose of firing

a projectile.

(k) Duty detail order refers to a document issued by the

juridical entity or employer wherein the details of the

disposition of firearm is spelled-out, thus indicating the

name of the employee, the firearm information, the

specific duration and location of posting or assignment

and the authorized bonded firearm custodian for the

juridical entity to whom such firearm is turned over after

the lapse of the order.

(l) Firearm refers to any handheld or portable weapon,

whether a small arm or light weapon, that expels or is

designed to expel a bullet, shot, slug, missile or any

projectile, which is discharged by means of expansive

force of gases from burning gunpowder or other form of

combustion or any similar instrument or implement. For

purposes of this Act, the barrel, frame or receiver is

considered a firearm.

(m) Firearms Information Management System (FIMS)

refers to the compilation of all data and information on

firearms ownership and disposition for record purposes.

(n) Forfeited firearm refers to a firearm that is subject to

forfeiture by reason of court order as accessory penalty or

for the disposition by the FEO of the PNP of firearms

considered as abandoned, surrendered, confiscated or

revoked

in

compliance

with

existing

rules

and

regulations.

(o) Gun club refers to an organization duly registered with

and accredited in good standing by the FEO of the PNP

which is established for the purpose of propagating

responsible and safe gun ownership, proper appreciation

and use of firearms by its members, for the purpose of

sports

and

shooting

competition,

self-defense

and

collection purposes.

(p)

Gunsmith

refers

to

any

person,

legal

entity,

corporation, partnership or business duly licensed by the

FEO of the PNP to engage in the business of repairing

firearms

and

other

weapons

or

constructing

or

assembling

firearms

and

weapons

from finished or

manufactured parts thereof on a per order basis and not

in commercial quantities or of making minor parts for the

purpose of repairing or assembling said firearms or

weapons.

(q) Imitation firearm refers to a replica of a firearm, or

other device that is so substantially similar in coloration

and overall appearance to an existing firearm as to lead a

reasonable person to believe that such imitation firearm

is a real firearm.

(r) Licensed citizen refers to any Filipino who complies

with the qualifications set forth in this Act and duly

issued with a license to possess or to carry firearms

outside of the residence in accordance with this Act.

(s)

Licensed,

juridical

entity

refers

to

corporations,

organizations, businesses including security agencies and

local government units (LGUs) which are licensed to own

and possess firearms in accordance with this Act.

(t) Light weapons are: Class-A Light weapons which refer

to self-loading pistols, rifles and carbines, submachine

guns, assault rifles and light machine guns not exceeding

caliber 7.62MM which have fully automatic mode; and

Class-B Light weapons which refer to weapons designed

for use by two (2) or more persons serving as a crew, or

rifles and machine guns exceeding caliber 7.62MM such

as

heavy

machine

guns,

handheld

underbarrel

and

mounted grenade launchers, portable anti-aircraft guns,

portable

anti-tank

guns,

recoilless

rifles,

portable

launchers

of

anti-tank

missile

and

rocket

systems,

portable launchers of anti-aircraft missile systems, and

mortars of a caliber of less than 100MM.

(u) Long certificate of registration refers to licenses issued

to government agencies or offices or government-owned

or -controlled corporations for firearms to be used by

their officials and employees who are qualified to possess

firearms as provider in this Act, excluding security guards.

(v) Loose firearm refers to an unregistered firearm, an

obliterated or altered firearm, firearm which has been lost

or

stolen,

illegally

manufactured

firearms, registered

firearms in the possession of an individual other than the

licensee and those with revoked licenses in accordance

with the rules and regulations.

(w) Major part or components of a firearm refers to the

barrel, slide, frame, receiver, cylinder or the bolt assembly.

The term also includes any part or kit designed and

intended for use in converting a semi-automatic burst to

a full automatic firearm.

(x) Minor parts of a firearm refers to the parts of the

firearm other than the major parts which are necessary to

effect and complete the action of expelling a projectile by

way of combustion, except those classified as accessories.

(y) Permit to carry firearm outside of residence refers to a

written authority issued to a licensed citizen by the Chief

of the PNP which entitles such person to carry his/her

registered

or

lawfully

issued

firearm

outside of the

residence for the duration and purpose specified in the

authority.

(z)

Permit

to

transport

firearm

refers

to

a

written

authority issued to a licensed citizen or entity by the Chief

of the PNP or by a PNP Regional Director which entitles

such person or entity to transport a particular firearm

from and to a specific location within the duration and

purpose in the authority.

(aa) Residence refers to the place or places of abode of

the licensed citizen as indicated in his/her license.

(bb) Shooting range refers to a facility established for the

purpose of firearms training and skills development,

firearm testing, as well as for sports and competition

shooting either for the exclusive use of its members or

© Compiled By RGL

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