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    Title 3. Illegal Possession of Loose Firearm

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    Charl Dayrit
    This document summarizes changes to Philippine laws regarding illegal possession of firearms from 1983 to 2013. The key changes are: 1) Penalties for illegal possession alone have increased from reclusion temporal to prision correcional and a fine, to graduated penalties depending on the type of firearm. 2) The use of an unlicensed firearm during a crime is now considered an aggravating circumstance, rather than a separate crime. 3) If a crime is committed with an unlicensed firearm, and the crime's maximum penalty is lower than for illegal firearm possession, the possession penalty takes precedence.

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    Title 3. Illegal Possession of Loose Firearm

    Uploaded by

    Charl Dayrit
    24 views2 pages
    This document summarizes changes to Philippine laws regarding illegal possession of firearms from 1983 to 2013. The key changes are: 1) Penalties for illegal possession alone have increased from reclusion temporal to prision correcional and a fine, to graduated penalties depending on the type of firearm. 2) The use of an unlicensed firearm during a crime is now considered an aggravating circumstance, rather than a separate crime. 3) If a crime is committed with an unlicensed firearm, and the crime's maximum penalty is lower than for illegal firearm possession, the possession penalty takes precedence.

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    This document summarizes changes to Philippine laws regarding illegal possession of firearms from 1983 to 2013. The key changes are: 1) Penalties for illegal possession alone have increased from reclusion temporal to prision correcional and a fine, to graduated penalties depending on the type of firearm. 2) The use of an unlicensed firearm during a crime is now considered an aggravating circumstance, rather than a separate crime. 3) If a crime is committed with an unlicensed firearm, and the crime's maximum penalty is lower than for illegal firearm possession, the possession penalty takes precedence.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    24 views2 pages

    Title 3. Illegal Possession of Loose Firearm

    Uploaded by

    Charl Dayrit
    This document summarizes changes to Philippine laws regarding illegal possession of firearms from 1983 to 2013. The key changes are: 1) Penalties for illegal possession alone have increased from reclusion temporal to prision correcional and a fine, to graduated penalties depending on the type of firearm. 2) The use of an unlicensed firearm during a crime is now considered an aggravating circumstance, rather than a separate crime. 3) If a crime is committed with an unlicensed firearm, and the crime's maximum penalty is lower than for illegal firearm possession, the possession penalty takes precedence.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    ILLEGAL POSSESSION OF FIREARMS

    Crime Pres. Decree No. 1866 (1983) Rep. Act No. 8294 (1997) Rep. Act No. 10591 (2013)

    Illegal/Unlawful possession Reclusion temporal in its maximum period Prision correcional in its maximum Graduated penalties depending on the
    alone to reclusion perpetua period and a fine of not less than nature of the loose firearm, whether small
    P15,000.00 arm, Class A light weapon or Class B light
    weapon, the number thereof, and the
    accompanying parts

    Murder or homicide or other There will be two crimes: (i) Illegal There will only be one crime, murder or The use of a loose firearm, when inherent
    crime committed with the possession of firearm and (ii) Aggravated homicide with the use of an unlicensed in the commission of a crime punishable
    use of unlicensed/loose murder or homicide firearm to be considered as an under the Revised Penal Code or other
    firearm aggravating circumstance special laws, shall be considered as an
    Use of unlicensed firearm is an aggravating circumstance
    aggravating circumstance to murder or
    homicide and the penalty is death Provided, That if the crime committed with
    the use of a loose firearm is penalized by
    the law with a maximum penalty which is
    lower than that prescribed in the preceding
    section for illegal possession of firearm, the
    penalty for illegal possession of firearm
    shall be imposed in lieu of the penalty for
    the crime charged

    Provided, further, That if the crime


    committed with the use of a loose firearm
    is penalized by the law with a maximum
    penalty which is equal to that imposed
    under the preceding section for illegal
    possession of firearms, the penalty
    of prision mayor in its minimum period
    shall be imposed in addition to the penalty
    for the crime punishable under the Revised
    Penal Code or other special laws of which
    he/she is found guilty (two crimes)

    If the crime is committed by the person


    2

    without using the loose firearm, the


    violation of this Act shall be considered as
    a distinct and separate offense (two crimes)

    In furtherance of rebellion, There will be two crimes: (i) Illegal If the unlicensed firearm is used in the If the loose firearm is used in furtherance
    insurrection or other crimes possession of firearms and (ii) aggravated commission of rebellion, insurrection, of, or incident to, or in connection with the
    rebellion, insurrection or subversion sedition or attempted coup d’etat, the crime of rebellion or insurrection, or
    illegal possession shall be absorbed as attempted coup d’etat, such violation shall
    Use of unlicensed firearm in furtherance an element of the crimes of rebellion, be absorbed as an element of the crime of
    of, or incident to, or in connection with the insurrection, sedition or attempted rebellion or insurrection or attempted coup
    crimes of rebellion, insurrection or coup d’etat d’etat
    subversion is an aggravating circumstance
    and the penalty is death

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