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    Ra 9516

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    Ruchel Ann de la Cerna
    Republic Act No. 9516 amends Sections 3 and 4 of Presidential Decree No. 1866 by strengthening penalties for unlawful possession and manufacture of explosives and incendiary devices. It establishes the penalty of reclusion perpetua, or life imprisonment, for possession or involvement with explosives/incendiary devices capable of destruction. Mere possession is considered prima facie evidence of unlawful intent, unless it can be proven to be temporary, incidental, or for the purpose of surrendering to authorities. The law also increases penalties when explosives are involved in committing other crimes. A conviction under this law bars prosecution for related offenses.

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    Ra 9516

    Uploaded by

    Ruchel Ann de la Cerna
    33 views12 pages
    Republic Act No. 9516 amends Sections 3 and 4 of Presidential Decree No. 1866 by strengthening penalties for unlawful possession and manufacture of explosives and incendiary devices. It establishes the penalty of reclusion perpetua, or life imprisonment, for possession or involvement with explosives/incendiary devices capable of destruction. Mere possession is considered prima facie evidence of unlawful intent, unless it can be proven to be temporary, incidental, or for the purpose of surrendering to authorities. The law also increases penalties when explosives are involved in committing other crimes. A conviction under this law bars prosecution for related offenses.

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    RA_9516

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    Republic Act No. 9516 amends Sections 3 and 4 of Presidential Decree No. 1866 by strengthening penalties for unlawful possession and manufacture of explosives and incendiary devices. It establishes the penalty of reclusion perpetua, or life imprisonment, for possession or involvement with explosives/incendiary devices capable of destruction. Mere possession is considered prima facie evidence of unlawful intent, unless it can be proven to be temporary, incidental, or for the purpose of surrendering to authorities. The law also increases penalties when explosives are involved in committing other crimes. A conviction under this law bars prosecution for related offenses.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    33 views12 pages

    Ra 9516

    Uploaded by

    Ruchel Ann de la Cerna
    Republic Act No. 9516 amends Sections 3 and 4 of Presidential Decree No. 1866 by strengthening penalties for unlawful possession and manufacture of explosives and incendiary devices. It establishes the penalty of reclusion perpetua, or life imprisonment, for possession or involvement with explosives/incendiary devices capable of destruction. Mere possession is considered prima facie evidence of unlawful intent, unless it can be proven to be temporary, incidental, or for the purpose of surrendering to authorities. The law also increases penalties when explosives are involved in committing other crimes. A conviction under this law bars prosecution for related offenses.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 12

    REPUBLIC ACT NO.

    9516
     

    Amending Section 3 and 4 of PD 1866

    Pros. Hyacinth T. Jadraque


     Section 1. Section 3 of Presidential Decree No. 1866, as
    amended, is hereby further amended to read as follows:
     "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 preceeding
    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.“

    Prepared by: Pros. Jadraque


     Section 2. Section 4 of Presidential Decree No. 1866, as amended, is
    hereby further amended to read as follows:
     "SEC 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.
    Prepared by: Pros. Jadraque
     "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.

    Prepared by: Pros. Jadraque


     "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.
    Prepared by: Pros. Jadraque
     "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 preceeding 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.“
    Prepared by: Pros. Jadraque
     "SEC. 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 occassion 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.
    Prepared by: Pros. Jadraque
     "SEC. 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 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.
    Prepared by: Pros. Jadraque
    POSSIBLE QUESTIONS:
    Possession v. commission of other crimes
     Acts punished
    Thank you!

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