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 MANUFACT…

Presidential Decrees June 29, 1983



WHEREAS, there has been an upsurge of crimes vitally
affecting public older 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 or Ammunition.
— The
penalty of inclusion temporal in its maximum period to reclusion perpetua shall
be imposed upon any person who shall unlawfully manufacture, deal in, acquire,
dispose, or possess any firearms, part of firearm, ammunition, or machinery,
tool or instrument used or intended to used in the manufacture of any firearm or
ammunition.

If homicide or murder is committed with the us an unlicensed firearm, the
penalty of death shall be imposed.

If the violation oi1 this Section is in furtherance of, or incident to, or in
connection with the crimes of rebellion, insurrection or subversion, the penalty
of death shall be imposed.

The penalty of reclusion temporal in its maximum period to reclusion perpetua
shall be imposed upon the owner, president, manager, director or other possible
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 paragraphs.

The penalty of prision mayor shall be imposed upon any person who shall carry
any licensed firearm outside his residence without legal authority
therefore.

SEC. 2. Presumption of Illegal Manufacture of Fire-arms
or Ammunition
. — The possession of any machinery, tool or instrument used
directly in the manufacture of firearms or ammunition, by any person whose
business or employment does not lawfully deal with the manufacture of firearms
or ammunition, shall be prima facie evidence that such article is intended to be
used in the unlawful/illegal manufacture of firearms or ammunition.

SEC. 3. Unlawful Manufacture, Sale, Acquisition,
Disposition or Possession of Explosives
. — The penalty of reclusion
temporal in its maximum period to reclusion perpetua shall be imposed upon any
person who shall unlawfully manufacture, assemble, deal in, acquire, dispose or
possess handgrenade(s), rifle grenade(s), and other explosives, including but
not limited to “pillbox bombs”, “molotov coctail bombs”, “fire bomb”, or other
incendiary devices capable of producing destructive effect on contiguous objects
or causing injury or death to any person.

Any person who commits any of the crimes defined in the Revised Penal Code or
special laws with the used of the aforementioned explosives, detonation agents
or incendiary devices, which results in the death of am person or persons shall
be punished with the penalty o death.

If the violation of this Section is in furtherance of, or incident to, or in
connection with the crimes of rebellion, insurrection or subversion, the penalty
of death shall be imposed.

The penalty of reclusion temporal in its maximum period to reclusion perpetua
shall be imposed upon the owner, president, manager, director or other possible
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 paragraphs.

SEC. 4. Presumption of unlawful Manufacture. — The
possession of any machinery, tool or instruments directly used in the
manufacture of explosives, by any person whose business or employment does not
lawfully deal with the manufacture of explosives shall be prima facie evidence
that such article is intended to be used in the unlawful/illegal manufacture of
explosives.

SEC. 5. Tampering of Firearm’s Serial Number. — The
penalty of prision mayor shall be imposed by any person who shall unlawfully
tamper, change, deface or erase the serial number of any firearm.

SEC. 6. Repacking or altering the Composition of
Lawfully Manufactured Explosives.
— The penalty of prision mayor shall be
imposed upon any person who shall unlawfully repack, alter or modify the
composition of any lawfully manufactured explosives.

SEC. 7. Unauthorized Issuance of Authority to Carry
Firearm and/or Ammunition Outside of Residence. —
The penalty of prision
correccional shall be imposed upon any person, civilian or military, who shall
issue authority to carry firearm and/or ammunition outside of residence, without
authority therefor.

SEC. 8. links and Regulations. — The Chief of the
Philippine Constabulary shall promulgate the rules and regulations for the
effective implementation of this Decree.

SEC. 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.

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

 

(Sgd.) FERDINAND E. MARCOS
President

Republic of the Philippines

   

 

By the President:  
 
(Sgd.) MANUEL M. LAZARO  
  Presidential Assistant for Legal
Affairs