Article 81Act No. 3815, Sec./Art. 81

When and how the death penalty is to be executed.-The death sentence shall be executed with preference to any other and shall consist in putting the person under sentence to death by electrocution. The death sentence shall be executed under the authority of the Director of Prisons, endeavoring so far as possible to mitigate the sufferings of the person under sentence during electrocution as well as during the proceedings prior to the execution.

If the person under sentence so desire, he shall be anaesthetized at the moment of the electrocution.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

(a) For locally manufactured firearms and major parts

thereof, the initial registration shall be done at the

manufacturing facility: Provided, That firearms intended

for

export

shall

no

longer be subjected to ballistic

identification procedures; and

(b) For imported firearms and major parts thereof, the

registration shall be done upon arrival at the FEO of the

PNP storage facility.

Section 16. License and Scope of License to Deal. – The

License to Deal authorizes the purchase, sale and general

business in handling firearms and ammunition, major

and minor parts of firearms, accessories, spare parts,

components, and reloading machines, which shall be

issued by the Chief of the PNP.

Section 17. License and Scope of License for Gunsmiths. –

The license for gunsmiths shall allow the grantee to repair

registered

firearms.

The

license

shall

include

customization of firearms from finished or manufactured

parts thereof on per order basis and not in commercial

quantities and making the minor parts thereof, i.e. pins,

triggers, trigger bows, sights and the like only for the

purpose of repairing the registered firearm. The license

for gunsmiths shall be issued by the Chief of the PNP.

Section 18. Firearms for Use in Sports and Competitions.

–

A qualified individual shall apply for a permit to

transport

his/her

registered

firearm/s

from

his/her

residence to the firing range/s and competition sites as

may be warranted.

Section 19. Renewal of Licenses and Registration. – All

types of licenses to possess a firearm shall be renewed

every two (2) years. Failure to renew the license on or

before the date of its expiration shall cause the revocation

of the license and of the registration of the firearm/s

under said licensee.

The registration of the firearm shall be renewed every

four (4) years. Failure to renew the registration of the

firearm on or before the date of expiration shall cause the

revocation of the license of the firearm. The said firearm

shall

be

confiscated

or

forfeited

in

favor

of

the

government after due process.

The failure to renew a license or registration within the

periods stated above on two (2) occasions shall cause the

holder of the firearm to be perpetually disqualified from

applying for any firearm license. The application for the

renewal of the license or registration may be submitted to

the FEO of the PNP, within six (6) months before the date

of the expiration of such license or registration.

Section 20. Inspection and Inventory. – The Chief of the

PNP or his/her authorized representative shall require the

submission of reports, inspect or examine the inventory

and

records

of

a

licensed

manufacturer,

dealer

or

importer of firearms and ammunition during reasonable

hours.

ARTICLE IV ACQUISITION, DEPOSIT OF FIREARMS,

ABANDONED, DEMILITARIZED AND ANTIQUE

FIREARMS

Section 21. Acquisition or Purchase and Sale of Firearms

and Ammunition. – Firearms and ammunition may only

be

acquired

or

purchased

from

authorized

dealers,

importers or local manufacturers and may be transferred

or sold only from a licensed citizen or licensed juridical

entity to another licensed citizen or licensed juridical

entity: Provided, That, during election periods, the sale

and registration of firearms and ammunition and the

issuance of the corresponding licenses to citizens shall be

allowed on the condition that the transport or delivery

thereof

shall

strictly

comply

with

the

issuances,

resolutions, rules and regulations promulgated by the

Commission on Elections.

Section 22. Deposit of Firearms by Persons Arriving From

Abroad. – A person arriving in the Philippines who is

legally in possession of any firearm or ammunition in

his/her country of origin and who has declared the

existence

of

the

firearm

upon

embarkation

and

disembarkation but whose firearm is not registered in the

Philippines in accordance with this Act shall deposit the

same upon written receipt with the Collector of Customs

for delivery to the FEO of the PNP for safekeeping, or for

the issuance of a permit to transport if the person is a

competitor

in

a sports shooting competition. If the

importation of the same is allowed and the party in

question desires to obtain a domestic firearm license, the

same should be undertaken in accordance with the

provisions of this Act. If no license is desired or leave to

import is not granted, the firearm or ammunition in

question shall remain in the custody of the FEO of the

PNP until otherwise disposed of in-accordance with law.

Section 23. Return of Firearms to Owner upon Departure

from the Philippines. – Upon the departure from the

Philippines of any person whose firearm or ammunition

is in the custody of the FEO of the PNP, the same shall,

upon timely request, be delivered to the person through

the Collector of Customs. In the case of a participant in a

local sports shooting competition, the firearm must be

presented to the Collector of Customs before the same is

allowed to be loaded on board the carrier on which the

person is to board.

Section 24. Safekeeping of Firearms and Ammunition. –

Any licensee may deposit a registered firearm to the FEO

of the PNP, or any Police Regional Office for safekeeping.

Reasonable fees for storage shall be imposed.

Section 25. Abandoned Firearms and Ammunition. – Any

firearm or ammunition deposited in the custody of the

FEO of the PNP pursuant to the provisions of this Act,

shall be deemed to have been abandoned by the owner

or his/her authorized representative if he/she failed to

reclaim the same within five (5) years or failed to advise

the FEO of the PNP of the disposition to be made thereof.

Thereafter, the FEO of the PNP may dispose of the same

after compliance with established procedures.

Section 26. Death or Disability of Licensee. – Upon the

death or legal disability of the holder of a firearm license,

it shall be the duty of his/her next of kin, nearest relative,

legal representative, or other person who shall knowingly

come into possession of such firearm or ammunition, to

deliver the same to the FEO of the PNP or Police Regional

Office, and such firearm or ammunition shall be retained

by the police custodian pending the issuance of a license

and its registration in accordance, with this Act. The

failure to deliver the firearm or ammunition within six (6)

months after the death or legal disability of the licensee

shall render the possessor liable for illegal possession of

the firearm.

Section 27. Antique Firearm. – Any person who possesses

an antique firearm shall register the same and secure a

collector’s license from the FEO of the PNP. Proper

storage of antique firearm shall be strictly imposed.

Noncompliance of this provision shall be considered as

illegal possession of the firearm as penalized in this Act.

ARTICLE V PENAL PROVISIONS

Section

28.

Unlawful

Acquisition,

or

Possession

of

Firearms and Ammunition. – The unlawful acquisition,

possession

of

firearms

and

ammunition

shall

be

penalized as follows:

(a) The penalty of prision mayor in its medium period

shall be imposed upon any person who shall unlawfully

acquire or possess a small arm;

(b)

The

penalty

of

reclusion

temporal

to

reclusion

perpetua shall be imposed if three (3) or more small arms

or Class-A light weapons are unlawfully acquired or

possessed by any person;

(c) The penalty of prision mayor in its maximum period

shall be imposed upon any person who shall unlawfully

acquire or possess a Class-A light weapon;

© Compiled By RGL

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