Article 85Act No. 3815, Sec./Art. 85

Provision relative to the corpse of the person executed and its burial.-Unless claimed by his family, the corpse of the culprit shall, upon the completion of the legal proceedings subsequent to the execution, be turned over to the institute of learning or scientific research first applying for it, for the purpose of study and investigation, provided that such institute shall take charge of the decent burial of the remains. Otherwise, the Director of Prisons shall order the burial of the body of the culprit at government expense, granting permission to be present thereat to the members of the family of the culprit and the friends of the latter. In no case shall the burial of the body of a person sentenced to death be held with pomp.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

the accused or the dismissal of the case for violation of

this Decree shall be a bar to another prosecution of the

same accused for any offense where the violation of this

Decree

was a necessary means for committing the

offense or in furtherance of which, incident to which, in

connection

with

which,

by

reason

of

which,

or on

occasion of which, the violation of this Decree was

committed, and vice versa.

Section

4.

Responsibility

and

liability

of

Law

Enforcement Agencies and Other Government Officials

and Employees in Testifying as Prosecution Witnesses . -

Any member of law enforcement agencies or any other

government official and employee who, after due notice,

fails or refuses, intentionally or negligently, to appear as a

witness

for

the

prosecution

of

the

defense

in any

proceeding, involving violations of this Decree, without

any

valid

reason,

shall

be

punished

with

reclusion

temporal and a fine of Five hundred Thousand pesos

(P500,000.00) in addition to the administrative liability

he/she may be meted out by his/her immediate superior

and/or appropriate body.

The immediate superior of the member of the law

enforcement agency or any other government employee

mentioned in the preceding paragraph shall be penalized

with prision correccional and a fine of not less than Ten

Thousand pesos (P10,000.00) but not more than Fifty

thousand pesos (P50,000.00) and in addition, perpetual

absolute disqualification from public office if despite due

notice to them and to the witness concerned, the former

does not exert reasonable effort to present the latter to

the court.

The member of the law enforcement agency or any other

government

employee

mentioned

in

the

preceding

paragraphs shall not be transferred or reassigned to any

other government office located in another territorial

jurisdiction during the pendency of the case in court.

However, the concerned member of the law enforcement

agency or government employee may be transferred or

reassigned for compelling reasons: Provided , That his/her

immediate superior shall notify the court where the case

is pending of the order to transfer or reassign, within

twenty-four

(24)

hours

from

its

approval:

Provided ,

further ,

That

his/her

immediate

superior

shall

be

penalized with prision correccional and a fine of not less

than Ten thousand pesos (P10,000.00) but not more than

Fifty

thousand

pesos

(P50,000.00)

and

in

addition,

perpetual absolute disqualification from public office,

should he/she fail to notify the court of such order to

transfer or reassign.

Prosecution and punishment under this Section shall be

without prejudice to any liability for violation of any

existing law.

Section 4-A. Criminal Liability for Planting of Evidence . -

Any person who is found guilty of 'planting' any explosive

or incendiary device or any part, ingredient, machinery,

tool or instrument of any explosive or incendiary device,

whether chemical, mechanical, electronic, electrical or

otherwise, shall suffer the penalty of reclusion perpetua .

Planting of evidence shall mean the willful act by any

person

of

maliciously

and

surreptitiously

inserting,

placing,

adding

or

attaching,

directly

or

indirectly,

through any overt or covert act, whatever quantity of any

explosive or incendiary device or any part, ingredient,

machinery,

tool

or

instrument

of

any

explosive

or

incendiary

device,

whether

chemical,

mechanical,

electronic, electrical or otherwise in the person, house,

effects

or in the immediate vicinity of an innocent

individual for the purpose of implicating incriminating or

imputing the commission of any violation of this Decree.

Section

4-B.

Continuous

Trial .

-

In

cases

involving

violations of this Decree, the judge shall set the case for

continuous trial on a daily basis from Monday to Friday or

other short-term trial calendar so as to ensure speedy

trial. Such case shall be terminated within ninety (90)

days from arraignment of the accused.

Section

4-C.

Authority

to

Import,

Sell

or

Possess

Chemicals or Accessories for Explosives . - Only persons or

entities issued a manufacturer's license, dealer's license or

purchaser's license by the Philippine National Police

(PNP)-Firearms and Explosives Division may import any of

the chemical or accessories that can be used in the

manufacture of explosives or explosive ingredients from

foreign suppliers, or possess or sell them to licensed

dealers or end users, as the case may be.

Section 4-D. Types of Chemicals/Accessories Covered . -

The

chemicals

and

accessories

mentioned

in

the

preceding Section shall exclusively refer to chlorates,

nitrates,

nitric

acid

and

such

other

chemicals

and

accessories that can be used for the manufacture of

explosives and explosive ingredients.

Section 4-E. Record of Transactions . - Any person or

entity

who

intends

to

import,

sell

or

possess

the

aforecited

chemicals

or

accessories

shall

file

an

application with the chief of the PNP, stating therein the

purpose for which the license and/or permit is sought and

such other information as may be required by the said

official. The concerned person or entity shall maintain a

permanent record of all transactions entered into in

relation with the aforecited chemicals or accessories,

which documents shall be open to inspection by the

appropriate authorities.

Section 4-F. Cancellation of License . - Failure to comply

with the provision of Section 4-C, 4-D and 4-E shall be

sufficient cause for the cancellation of the license and the

confiscation of all such chemicals or accessories, whether

or not lawfully imported, purchased or possessed by the

subject person or entity.

Section 5. Tampering of Firearm's Serial Number

7

Section 6. Repacking or Altering the Composition of

Lawfully

Manufactured

Explosives.

-

The

penalty

of

prision correccional shall be imposed upon any person

who

shall

unlawfully

repack,

alter

or

modify

the

composition of any lawfully manufactured explosives. (as

amended by RA No 8294)

Section 7. Unauthorized Issuance of Authority to Carry

Firearm and/or Ammunition Outside of Residence.

8

Section 8. Rules and Regulations. - The Chief of the

Philippine Constabulary shall promulgate the rules and

regulations

for

the

effective

implementation

of this

Decree.

Section 9. Repealing Clause. - The provisions of Republic

Act No. 4, Presidential Decree No. 9, Presidential Decree

No. 1728 and all laws, decrees, orders, instructions, rules

and regulations which are inconsistent with this Decree

are hereby repealed, amended or modified accordingly.

Section 10. Effectivity. - This Decree shall take effect after

fifteen

(15)

days

following

the

completion

of

its

publication in the Official Gazette.

Done in the City of Manila, this 29th day of June, in the

year of Our Lord, nineteen hundred and eighty-three.

RA No 9372 | Human Security Act of 2007

Republic Act No. 9372 March 6, 2007

AN ACT TO SECURE THE STATE AND PROTECT OUR

PEOPLE FROM TERRORISM

Be

it

enacted

by

the

Senate

and

the

House

of

Representatives

of

the

Philippines

in

Congress

assembled :

SECTION 1. Short Title . - This Act shall henceforth be

known as the " Human Security Act of 2007 ."

SEC. 2. Declaration of Policy . - It is declared a policy of

the State to protect life, liberty, and property from acts of

7 Supra

8 Supra.

© Compiled By RGL

85 of 201