Article 83Act No. 3815, Sec./Art. 83

Suspension of the execution of the death sentence.-The death sentence shall not be inflicted upon a woman within the three years next following the date of the sentence or while she is pregnant, nor upon any person over seventy years of age. In this last case, the death sentence shall be commuted to the penalty of reclusion perpetua with the accessory penalties provided in article 40.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

database of integrated firearms identification system of

the

PNP

Crime

Laboratory

for

future

use

and

identification of a particular firearm.

Section 35. Use of an Imitation Firearm. – An imitation

firearm used in the commission of a crime shall be

considered a real firearm as defined in this Act and the

person who committed the crime shall be punished in

accordance with this Act: Provided, That injuries caused

on the occasion of the conduct of competitions, sports,

games, or any recreation activities involving imitation

firearms shall not be punishable under this Act.

Section 36. In Custodia Legis. – During the pendency of

any case filed in violation of this Act, seized firearm,

ammunition,

or

parts

thereof,

machinery,

tools

or

instruments shall remain in the custody of the court. If

the court decides that it has no adequate means to safely

keep the same, the court shall issue an order to turn over

to the PNP Crime Laboratory such firearm, ammunition,

or parts thereof, machinery, tools or instruments in its

custody during the pendency of the case and to produce

the same to the court when so ordered. No bond shall be

admitted for the release of the firearm, ammunition or

parts thereof, machinery, tool or instrument. Any violation

of this paragraph shall be punishable by prision mayor in

its minimum period to prision mayor in its medium

period.

Section 37. Confiscation and Forfeiture. – The imposition

of penalty for any violation of this Act shall carry with it

the accessory penalty of confiscation and forfeiture of the

firearm, ammunition, or parts thereof, machinery, tool or

instrument in favor of the government which shall be

disposed of in accordance with law.

Section 38. Liability for Planting Evidence. – The penalty

of prision mayor in its maximum period shall be imposed

upon any person who shall willfully and maliciously insert;

place, and/or attach, directly or indirectly, through any

overt or covert act, any firearm, or ammunition, or parts

thereof in the person, house, effects, or in the immediate

vicinity of an innocent individual for the purpose of

implicating or incriminating the person, or imputing the

commission of any violation of the provisions of this Act to

said individual. If the person found guilty under this

paragraph is a public officer or employee, such person

shall suffer the penalty of reclusion perpetua .

Section 39. Grounds for Revocation, Cancellation or

Suspension of License or Permit. – The Chief of the PNP or

his/her authorized representative may revoke, cancel or

suspend a license or permit on the following grounds:

(a) Commission of a crime or offense involving the

firearm, ammunition, of major parts thereof;

(b) Conviction of a crime involving moral turpitude or any

offense where the penalty carries an imprisonment of

more than six (6) years;

(c) Loss of the firearm, ammunition, or any parts thereof

through negligence;

(d) Carrying of the firearm, ammunition, or major parts

thereof outside of residence or workplace without, the

proper permit to carry the same;

(e) Carrying of the firearm, ammunition, or major parts

thereof in prohibited places;

(f)

Dismissal

for

cause from the service in case of

government official and employee;

(g) Commission of any of the acts penalized under

Republic

Act

No.

9165,

otherwise

known

as

the

"Comprehensive Dangerous Drugs Act of 2002″;

(h)

Submission

of

falsified

documents

or

misrepresentation in the application to obtain a license or

permit;

(i) Noncompliance of reportorial requirements; and

(j) By virtue of a court order.

Section 40. Failure to Notify Lost or Stolen Firearm or

Light

Weapon.

–

A

fine

of

Ten

thousand

pesos

(P10,000.00) shall be imposed upon any licensed firearm

holder who fails to report to the FEO of the PNP that the

subject firearm has been lost or stolen within a period of

thirty (30) days from the date of discovery.

Likewise, a fine of Five thousand pesos (P5,000.00) shall

be imposed upon any person holding a valid firearm

license who changes residence or office address other

than that indicated in the license card and fails within a

period of thirty (30) days from said transfer to notify the

FEO of the PNP of such change of address.

Section 41. Illegal Transfer/Registration of Firearms. – It

shall be unlawful to transfer possession of any firearm to

any person who has not yet obtained or secured the

necessary license or permit thereof.

The penalty of prision correccional shall be imposed upon

any

person

who

shall

violate

the

provision

of

the

preceding

paragraph.

In

addition,

he/she

shall

be

disqualified

to

apply for a license to possess other

firearms and all his/her existing firearms licenses whether

for purposes of commerce or possession, shall be revoked.

If government-issued firearms, ammunition or major

parts

of

firearms

or

light

weapons

are

unlawfully

disposed, sold or transferred by any law enforcement

agent or public officer to private individuals, the penalty

of reclusion temporal shall be imposed.

Any public officer or employee or any person who shall

facilitate the registration of a firearm through fraud,

deceit,

misrepresentation

or

submission

of

falsified

documents shall suffer the penalty of prision correccional .

ARTICLE VI FINAL PROVISIONS

Section 42. Firearms Repository. – The FEO of the PNP

shall be the sole repository of all firearms records to

include imported and locally manufactured firearms and

ammunition. Within one (1) year upon approval of this

Act,

all

military

and

law

enforcement

agencies,

government agencies, LGUs and government-owned or

-controlled corporations shall submit an inventory of all

their firearms and ammunition to the PNP.

Section 43. Final Amnesty. – Persons in possession of

unregistered firearms and holders of expired license or

unregistered firearms shall register and renew the same

through the Final General Amnesty within six (6) months

from the promulgation of the implementing rules and

regulations of this Act. During the interim period of six (6)

months, no person applying for license shall be charged

of any delinquent payment accruing to the firearm

subject

for

registration.

The

PNP

shall

conduct

an

intensive

nationwide

campaign

to

ensure

that

the

general public is properly informed of the provisions of

this Act.

Section 44. Implementing Rules and Regulations. –

Within one hundred twenty (120) days from the effectivity

of this Act, the Chief of the PNP, after public hearings and

consultation

with

concerned

sectors of society shall

formulate the necessary rules and regulations for the

effective implementation of this Act to be published in at

least two (2) national newspapers of general circulation.

Section 45. Repealing Clause. – This Act repeals Sections

1, 2, 5 and 7 of Presidential Decree No. 1866, as amended,

and Section 6 of Republic Act No. 8294 and all other laws,

executive orders, letters of instruction, issuances, circulars,

administrative

orders,

rules

or

regulations

that

are

inconsistent herewith.

Section 46. Separability Clause. – If any provision of this

Act or any part hereof is held invalid or unconstitutional,

the remainder of the law or the provision not otherwise

affected shall remain valid and subsisting.

Section 47. Effectivity. – This Act shall take effect after

fifteen (15) days from its publication in a newspaper of

nationwide circulation.

PD No 1866 | Illegal Possession of Firearms,

Ammunition or Explosives

As amended by RA No 8294, 9516, 10591

© Compiled By RGL

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