Article 82Act No. 3815, Sec./Art. 82

Notification and execution of the sentence and assistance to the culprit.-The court shall designate a working day for the execution, but not the hour thereof; and such designation shall not be communicated to the offender before sunrise of said day, and the execution shall not take place until after the expiration of at least eight hours following the notification, but before sunset.

During the interval between the notification and the execution, the culprit shall, in so far as possible, be furnished such assistance as he may request in order to be attended in his last moments by priests or ministers of the religion he professes and to consult lawyers, as well as in order to make a will and confer with members of his family or persons in charge of the management of his business, of the administration of his property, or of the care of his descendants.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

(d) The penalty of reclusion perpetua shall be imposed

upon any person who shall, unlawfully acquire or possess

a Class-B light weapon;

(e) The penalty of one (1) degree higher than that

provided in paragraphs (a) to (c) in this section shall be

imposed upon any person who shall unlawfully possess

any firearm under any or combination of the following

conditions:

(1) Loaded with ammunition or inserted with a loaded

magazine;

(2) Fitted or mounted with laser or any gadget used to

guide the shooter to hit the target such as thermal

weapon sight (TWS) and the like;

(3) Fitted or mounted with sniper scopes, firearm muffler

or firearm silencer;

(4) Accompanied with an extra barrel; and

(5) Converted to be capable of firing full automatic bursts.

(f) The penalty of prision mayor in its minimum period

shall be imposed upon any person who shall unlawfully

acquire or possess a major part of a small arm;

(g) The penalty of prision mayor in its minimum period

shall be imposed upon any person who shall unlawfully

acquire or possess ammunition for a small arm or Class-A

light

weapon.

If

the

violation

of

this

paragraph

is

committed

by

the

same

person

charged

with

the

unlawful acquisition or possession of a small arm, the

former violation shall be absorbed by the latter;

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

shall be imposed upon any person who shall unlawfully

acquire or possess a major part of a Class-A light weapon;

(i) The penalty of prision mayor in its medium period shall

be

imposed

upon

any

person who shall unlawfully

acquire

or

possess

ammunition

for

a

Class-A

light

weapon. If the violation of this paragraph is committed by

the same person charged with the unlawful acquisition or

possession of a Class-A light weapon, the former violation

shall be absorbed by the latter;

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

shall be imposed upon any person who shall unlawfully

acquire or possess a major part of a Class-B light weapon;

and

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

shall be imposed upon any person who shall unlawfully

acquire

or

possess

ammunition

for

a

Class-B

light

weapon. If the violation of this paragraph is committed by

the same person charged with the unlawful acquisition or

possession of a Class-B light weapon, the former violation

shall be absorbed by the latter.

Section 29. Use of Loose Firearm in the Commission of a

Crime. – The use of a loose firearm, when inherent in the

commission of a crime punishable under the Revised

Penal Code or other special laws, shall be considered as

an aggravating circumstance: Provided, That if the crime

committed with the use of a loose firearm is penalized by

the law with a maximum penalty which is lower than that

prescribed in the preceding section for illegal possession

of firearm, the penalty for illegal possession of firearm

shall be imposed in lieu of the penalty for the crime

charged: Provided, further, That if the crime committed

with the use of a loose firearm is penalized by the law

with a maximum penalty which is equal to that imposed

under the preceding section for illegal possession of

firearms, the penalty of prision mayor in its minimum

period shall be imposed in addition to the penalty for the

crime punishable under the Revised Penal Code or other

special laws of which he/she is found guilty.

If the violation of this Act is in furtherance of, or incident

to,

or in connection with the crime of rebellion or

insurrection, or attempted coup d’ etat, such violation

shall be absorbed as an element of the crime of rebellion

or insurrection, or attempted coup d’ etat .

If the crime is committed by the person without using

the loose firearm, the violation of this Act shall be

considered as a distinct and separate offense.

Section 30. Liability of Juridical Person. – The penalty of

prision mayor in its minimum to prision mayor in its

medium

period

shall

be

imposed upon the owner,

president, manager, director or other responsible officer

of/any public or private firm, company, corporation or

entity who shall willfully or knowingly allow any of the

firearms owned by such firm, company, corporation or

entity to be used by any person or persons found guilty of

violating the provisions of the preceding section, or

willfully

or

knowingly

allow

any

of

them

to

use

unregistered

firearm

or

firearms

without

any

legal

authority to be carried outside of their residence in the

course of their employment.

Section

31.

Absence

of Permit to Carry Outside of

Residence. – The penalty of prision correccional and a fine

of Ten thousand pesos (P10,000.00) shall be imposed

upon any person who is licensed to own a firearm but

who shall carry the registered firearm outside his/her

residence without any legal authority therefor.

Section 32. Unlawful Manufacture, Importation, Sale or

Disposition of Firearms or Ammunition or Parts Thereof,

Machinery, Tool or Instrument Used or Intended to be

Used in the Manufacture of Firearms, Ammunition or

Parts Thereof. – The penalty of reclusion temporal to

reclusion perpetua shall be imposed upon any person

who

shall

unlawfully

engage

in

the

manufacture,

importation,

sale

or

disposition

of

a

firearm

or

ammunition, or a major part of a firearm or ammunition,

or machinery, tool or instrument used or intended to be

used by the same person in the manufacture of a firearm,

ammunition, or a major part thereof.

The possession of any machinery, tool or instrument used

directly in the manufacture of firearms, ammunition, or

major

parts thereof by any person whose business,

employment or activity does not lawfully deal with the

possession of such article, shall be prima facie evidence

that such article is intended to be used in the unlawful or

illegal manufacture of firearms, ammunition or parts

thereof.

The penalty of prision mayor in its minimum period to

prision mayor in its medium period shall be imposed

upon any laborer, worker or employee of a licensed

firearms

dealer

who

shall

unlawfully

take,

sell

or

otherwise dispose of parts of firearms or ammunition

which the company manufactures and sells, and other

materials used by the company in the manufacture or

sale of firearms or ammunition. The buyer or possessor of

such stolen part or material, who is aware that such part

or material was stolen, shall suffer the same penalty as

the laborer, worker or employee.

If the violation or offense is committed by a corporation,

partnership,

association

or

other juridical entity, the

penalty provided for in this section shall be imposed upon

the directors, officers, employees or other officials or

persons therein who knowingly and willingly participated

in the unlawful act.

Section 33. Arms Smuggling. – The penalty of reclusion

perpetua shall be imposed upon any person who shall

engage or participate in arms smuggling as defined in

this Act.

Section 34. Tampering, Obliteration or Alteration of

Firearms

Identification.

–

The

penalty

of

prision

correccional to prision mayor in its minimum period shall

be imposed upon any person who shall tamper, obliterate

or alter without authority the barrel, slide, frame, receiver,

cylinder, or bolt assembly, including the name of the

maker, model, or serial number of any firearm, or who

shall replace without authority the barrel, slide, frame,

receiver, cylinder, or bolt assembly, including its individual

or peculiar identifying characteristics essential in forensic

examination of a firearm or light weapon.

The

PNP

shall

place

this

information,

including

its

individual or peculiar identifying characteristics into the

© Compiled By RGL

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