Article 84Act No. 3815, Sec./Art. 84

Place of execution and persons who may witness the same.-The execution shall take place in the penitentiary of Bilibid in a space closed to the public view and shall be witnessed only by the priests assisting the offender and by his lawyers and by his relatives, not exceeding six, if he so request, by the physician and the necessary personnel of the penal establishment, and by such persons as the Director of Prisons may authorized.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

Presidential Decree No. 1866 June 29, 1983

CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL

POSSESSION, MANUFACTURE, DEALING IN,

ACQUISITION OR DISPOSITION, OF FIREARMS,

AMMUNITION OR EXPLOSIVES OR INSTRUMENTS USED

IN THE MANUFACTURE OF FIREARMS, AMMUNITION

OR EXPLOSIVES, AND IMPOSING STIFFER PENALTIES

FOR CERTAIN VIOLATIONS THEREOF AND FOR

RELEVANT PURPOSES"

WHEREAS, there has been an upsurge of crimes vitally

affecting public order and safety due to the proliferation

of

illegally

possessed

and

manufactured

firearms,

ammunition and explosives;

WHEREAS, these criminal acts have resulted in loss of

human lives, damage to property and destruction of

valuable resources of the country;

WHEREAS,

there

are

various

laws

and

presidential

decrees

which

penalized

illegal

possession

and

manufacture of firearms, ammunition and explosives;

WHEREAS, there is a need to consolidate, codify and

integrate said laws and presidential decrees to harmonize

their provisions;

WHEREAS, there are some provisions in said laws and

presidential decrees which must be updated and revised

in order to more effectively deter violators of the law on

firearms, ammunition and explosives.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President

of the Philippines, by virtue of the powers in me vested by

the Constitution, do hereby decree:

Section

1.

Unlawful

Manufacture,

Sale,

Acquisition,

Disposition or Possession of Firearms or Ammunition or

Instruments

Used

or

Intended

to

be

Used

in

the

Manufacture of Firearms of Ammunition

Section

2.

Presumption

of

Illegal

Manufacture

of

Firearms or Ammunition

6

Section 3. . Unlawful Manufacture, Sales, Acquisition,

Disposition, Importation or Possession of an Explosive or

Incendiary Device . - The penalty of reclusion perpetua

shall be imposed upon any person who shall willfully and

unlawfully

manufacture,

assemble,

deal

in,

acquire,

dispose, import or possess any explosive or incendiary

device, with knowledge of its existence and its explosive

or incendiary character, where the explosive or incendiary

device is capable of producing destructive effect on

contiguous objects or causing injury or death to any

person, including but not limited to, hand grenade(s), rifle

grenade(s), 'pillbox bomb', 'molotov cocktail bomb', 'fire

bomb', and other similar explosive and incendiary devices.

Provided ,

That

mere

possession of any explosive or

incendiary device shall be prima facie evidence that the

person had knowledge of the existence and the explosive

or incendiary character of the device.

Provided , however , That a temporary, incidental, casual,

harmless,

or

transient

possession

or

control

of any

explosive or incendiary device, without the knowledge of

its existence or its explosive or incendiary character, shall

not be a violation of this Section.

Provided , Further , That the temporary, incidental, casual,

harmless,

or

transient

possession

or

control

of any

explosive or incendiary device for the sole purpose of

surrendering it to the proper authorities shall not be a

violation of this Section.

Provided ,

finally ,

That

in

addition

to

the

instances

provided

in

the

two

(2)

immediately

preceding

paragraphs, the court may determine the absence of the

intent

to

possess,

otherwise

referred

to as 'animus

possidendi ’,

in

accordance

with

the

facts

and

circumstances of each case and the application of other

pertinent laws, among other things, Articles 11 and 12 of

the Revised Penal Code, as amended.

(as amended by RA No 8294, 9516)

6 Repealed by RA No 10591

Section 3-A. Unlawful Manufacture, Sales, Acquisition,

Disposition,

Importation

or

Possession

of

a

Part,

Ingredient,

Machinery,

Tool

or

Instrument

Used

or

Intended to be Used for the Manufacture, Construction,

Assembly,

Delivery

or

Detonation .

-

The

penalty

of

reclusion perpetua shall be imposed upon any person

who shall willfully and unlawfully manufacture, assemble,

deal in, acquire, dispose, import or possess any part,

ingredient, machinery, tool or instrument of any explosive

or

incendiary

device,

whether chemical, mechanical,

electronic, electrical or otherwise, used or intended to be

used by that person for its manufacture, construction,

assembly, delivery or detonation, where the explosive or

incendiary device is capable or is intended to be made

capable of producing destructive effect on contiguous

objects or causing injury or death to any person.

Provided ,

That

the

mere

possession

of

any

part,

ingredient, machinery, tool or instrument directly used in

the

manufacture,

construction,

assembly, delivery or

detonation of any explosive or incendiary device, by any

person whose business activity, or employment does not

lawfully deal with the possession of such article shall be

prima facie evidence that such article is intended to be

used by that person in the unlawful/illegal manufacture,

construction,

assembly,

delivery or detonation of an

explosive or incendiary device.

Provided , however , That a temporary incidental, casual,

harmless or transient possession or control of any part,

machinery,

tool

or

instrument

directly

used

in

the

manufacture,

construction,

assembly,

delivery

or

detonation of any explosive or incendiary device, without

the knowledge of its existence or character as part,

ingredient, machinery, tool or instrument directly used in

the

manufacture,

construction,

assembly, delivery or

detonation of any explosive or incendiary device, shall not

be a violation of this Section.

Provided , Further , That the temporary, incidental, casual,

harmless, or transient possession or control of any part,

ingredient, machinery, tool or instrument directly used in

the

manufacture,

construction,

assembly, delivery or

detonation of any explosive or incendiary device for the

sole purpose of surrendering it to the proper authorities

shall not be a violation of this Section.

Provided ,

finally ,

That

in

addition

to

the

instances

provided

in

the

two

(2)

immediately

preceding

paragraphs, the court may determine the absence of the

intent

to

possess,

otherwise

referred

to as ' animus

possidendi ',

in

accordance

with

the

facts

and

circumstances of each case and the application of other

pertinent laws, among other things, Articles 11 and 12 of

the Revised Penal Code, as amended.

Section 3-B. Penalty for the Owner, President, Manager,

Director or Other Responsible Officer of Any Public or

Private Firm, Company, Corporation or Entity . - The

penalty of reclusion perpetua 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

explosive or incendiary device or parts thereof owned or

controlled by such firm, company, corporation or entity to

be used by any person or persons found guilty of violating

the provisions of the preceding paragraphs.

Section

3-C.

Relationship

of

Other

Crimes

with

a

Violation of this Decree and the Penalty Therefor . - When

a violation of Section 3, 3-A or 3-B of this Decree is a

necessary

means for committing any of the crimes

defined in the Revised Penal Code or special laws, or is in

furtherance of, incident to, in connection with, by reason

of, or on occasion of any of the crimes defined in the

Revised

Penal

Code or special laws, the penalty of

reclusion perpetua and a fine ranging from One hundred

Thousand

pesos

(P100,000.00)

to

One million pesos

(P1,000,000.00) shall be imposed.

Section 3-D. Former Conviction or Acquittal; Double

Jeopardy . - Subject to the provisions of the Rules of Court

on double jeopardy, if the application thereof is more

favorable to the accused, the conviction or acquittal of

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