Article 79Act No. 3815, Sec./Art. 79

Suspension of the execution and service of the penalties in case of insanity.-When a convict shall become insane or an imbecile after final sentence has been pronounced, the execution of said sentence shall be suspended only with regard to the personal penalty, the provisions of the second paragraph of circumstance number 1 of article 12 being observed in the corresponding cases.

If at any time the convict shall recover his reason, his sentence shall be executed, unless the penalty shall have prescribed in accordance with the provisions of this Code.

The respective provisions of this section shall also be observed if the insanity or imbecility occurs while the convict is serving his sentence.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

open to the general public, duly registered with and

accredited in good standing by the FEO of the PNP.

(cc) Short certificate of registration refers to a certificate

issued by the FEO of the PNP for a government official or

employee

who

was

issued

by

his/her

employer

department, agency or government-owned or -controlled

corporation a firearm covered by the long certificate of

registration.

(dd) Small arms refer to firearms intended to be or

primarily designed for individual use or that which is

generally considered to mean a weapon intended to be

fired from the hand or shoulder, which are not capable of

fully automatic bursts of discharge, such as:

(1) Handgun which is a firearm intended to be fired from

the hand, which includes:

(i) A pistol which is a hand-operated firearm having a

chamber integral with or permanently aligned with the

bore which may be self-loading; and

(ii) Revolver which is a hand-operated firearm with a

revolving cylinder containing chambers for individual

cartridges.

(2) Rifle which is a shoulder firearm or designed to be

fired from the shoulder that can discharge a bullet

through a rifled barrel by different actions of loading,

which may be classified as lever, bolt, or self-loading; and

(3) Shotgun which is a weapon designed, made and

intended to fire a number of ball shots or a single

projectile through a smooth bore by the action or energy

from burning gunpowder.

(ee) Sports shooting competition refers to a defensive,

precision or practical sport shooting competition duly

authorized by the FEO of the PNP.

(ff) Tampered, obliterated or altered firearm refers to any

firearm whose serial number or other identification or

ballistics

characteristics

have

been

intentionally

tampered with, obliterated or altered without authority or

in order to conceal its source, identity or ownership.

(gg) Thermal weapon sight refers to a battery operated,

uncooled

thermal

imaging

device

which

amplifies

available thermal signatures so that the viewed scene

becomes clear to the operator which is used to locate and

engage targets during daylight and from low light to

total darkness and operates in adverse conditions such as

light rain, light snow, and dry smoke or in conjunction

with other optical and red dot sights.

ARTICLE II OWNERSHIP AND POSSESSION OF

FIREARMS

Section 4. Standards and Requisites for Issuance of and

Obtaining a License to Own and Possess Firearms. – In

order to qualify and acquire a license to own and possess

a firearm or firearms and ammunition, the applicant

must be a Filipino citizen, at least twenty-one (21) years

old and has gainful work, occupation or business or has

filed an Income Tax Return (ITR) for the preceding year as

proof of income, profession, business or occupation.

In addition, the applicant shall submit the following

certification issued by appropriate authorities attesting

the following:

(a) The applicant has not been convicted of any crime

involving moral turpitude;

(b)

The

applicant

has

passed

the

psychiatric

test

administered

by

a

PNP-accredited

psychologist

or

psychiatrist;

(c) The applicant has passed the drug test conducted by

an accredited and authorized drug testing laboratory or

clinic;

(d) The applicant has passed a gun safety seminar which

is

administered

by

the

PNP

or

a

registered

and

authorized gun club;

(e) The applicant has filed in writing the application to

possess

a

registered

firearm

which

shall

state

the

personal circumstances of the applicant;

(f) The applicant must present a police clearance from

the city or municipality police office; and

(g) The applicant has not been convicted or is currently

an accused in a pending criminal case before any court of

law for a crime that is punishable with a penalty of more

than two (2) years.

For purposes of this Act, an acquittal or permanent

dismissal of a criminal case before the courts of law shall

qualify the accused thereof to qualify and acquire a

license.

The applicant shall pay the reasonable licensing fees as

may

be

provided

in

the

implementing

rules

and

regulations of this Act.

An applicant who intends to possess a firearm owned by

a juridical entity shall submit his/her duty detail order to

the FEO of the PNP.

Section 5. Ownership of Firearms and Ammunition by a

Juridical Entity. – A juridical person maintaining its own

security force may be issued a regular license to own and

possess firearms and ammunition under the following

conditions:

(a) It must be Filipino-owned and duly registered with the

Securities and Exchange Commission (SEC);

(b) It is current, operational and a continuing concern;

(c) It has completed and submitted all its reportorial

requirements to the SEC; and

(d) It has paid all its income taxes for the year, as duly

certified by the Bureau of Internal Revenue.

The application shall be made in the name of the juridical

person represented by its President or any of its officers

mentioned below as duly authorized in a board resolution

to that effect: Provided, That the officer applying for the

juridical entity, shall possess all the qualifications required

of a citizen applying for a license to possess firearms.

Other corporate officers eligible to represent the juridical

person

are: the vice president, treasurer, and board

secretary.

Security agencies and LGUs shall be included in this

category of licensed holders but shall be subject to

additional requirements as may be required by the Chief

of the PNP.

Section

6.

Ownership

of

Firearms

by the National

Government.

–

All

firearms

owned

by

the National

Government shall be registered with the FEO of the PNP

in the name of the Republic of the Philippines. Such

registration shall be exempt from all duties and taxes that

may otherwise be levied on other authorized owners of

firearms. For reason of national security, firearms of the

Armed Forces of the Philippines (AFP), Coast Guard and

other law enforcement agencies shall only be reported to

the FEO of the PNP.

Section 7. Carrying of Firearms Outside of Residence or

Place of Business. – A permit to carry firearms outside of

residence shall be issued by the Chief of the PNP or

his/her duly authorized representative to any qualified

person whose life is under actual threat or his/her life is in

imminent danger due to the nature of his/her profession,

occupation or business.

It shall be the burden of the applicant to prove that

his/her life is under actual threat by submitting a threat

assessment certificate from the PNP.

For purposes of this Act, the following professionals are

considered to be in imminent danger due to the nature

of their profession, occupation or business:

(a) Members of the Philippine Bar;

(b) Certified Public Accountants;

(c) Accredited Media Practitioners;

© Compiled By RGL

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