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R.A. NO. 8294 An Act Amending The Provisions of PD 1866


PERSONS LIABLE:
1. Any person who shall unlawfully manufacture, deal in, acquire, dispose, or possess
   any  low-powered firearm, part of firearm, ammunition, or machinery, tool or instrument
   used or  intended to be used in the manufacture of any firearm or ammunition;
   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
   paragraphs or willfully or knowingly allow any of them to use unlicensed firearms
   or firearms without any legal authority to be carried outside  of their residence in the
   course of their employment;

2. Any person who shall carry any licensed firearm outside his residence without legal
    authority therefor - Penalty is Arresto Mayor

3. Any person who shall unlawfully manufacture, assemble, deal in, acquire, dispose
    or possess hand grenade(s), rifle grenade(s), and other explosives or other incendiary
   devices capable of producing destructive effect on contiguous objects or causing injury
   or death to  any person; Any person who shall unlawfully tamper, change, deface or
   erase the serial number  of any firearm; and

4. Any person who shall unlawfully repack, alter or modify the composition
    of any lawfully manufactured explosives.

Note:
If homicide or murder is committed with the use of an unlicensed firearm,such use of an unlicensed firearm shall be considered as an aggravating circumstance.

Note:
If the violation of this Sec. is in furtherance of, or incident to, or in connection with the crime of rebellion, insurrection, sedition or attempted coup d'etat, such violation shall be absorbed as an element of the crimes of rebellion, insurrection, sedition or attempted
coup d'etat.

The same penalty 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 paragraphs or willfully or knowingly allow any of them to use unlicensed firearms or firearms without any legal authority to be carried outside of their residence in the course of their employment.

Note:
When a person commits any of the crimes defined in the Revised Penal Code or special laws with the use of the aforementioned explosives, detonation agents or incendiary devices, which
results in the death of any person or persons, the use of such explosives,detonation agents or incendiary devices shall be considered as an aggravating circumstance.

Under R.A. 8294, sedition absorbs the use of unlicensed firearm as an element thereof;
hence, not aggravating, and the offender can no longer be prosecuted for illegal
possession of firearm.


Coverage of the Term Unlicensed Firearm. — The term unlicensed firearm shall include:

A. A firearm with expired license; or
B.  Unauthorized use of licensed firearm in the commission of the crime.


People vs. Ladjaalam, (2000)
The language of RA 8294 effectively exonerates the accused of illegal possession, an offense which may carry a heavier penalty than the “other crime” committed. Indeed, the accused may evade
conviction for illegal possession by committing a lighter offense, like alarm and scandal. However, the wisdom of RA 8294 is not subject to the Court’s review.


People v Nepomuceno (1999)
Accused can no longer be separately charged with parricide and illegal possession of firearms. The amendment says that the latter is only to be treated as an aggravating circumstance.

People v De Gracia (1994)
Rule: Ownership is not an essential element of illegal possession of firearms and ammunition. What the law requires is merely possession which includes not only actual physical possession
but also constructive possession.

Advincula v CA (2000)
Two things must be shown to exist:
• The existence of the firearm
• The fact that it is not licensed
However, it should also be shown that even of he has a license, he cannot carry the
firearm outside his residence without legal authority therefore.

People v Tiozon (1991)
It may be loosely said that homicide or murder qualifies the offense. It does not follow however that the homicide or murder is absorbed in the offense. It would be anomalous: a more
serious crime is absorbed by a statutory offense which is just malum prohibitum.
In fine then the killing of a person with the use of an unlicensed firearm
may give rise to separate prosecutions for (a) violation of section 1 of PD 1866, or (b) murder or homicide. The accused cannot plead one as a bar to another.


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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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