REPUBLIC ACT 9346
AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE PHILIPPINES
DEATH PENALTY IS PROHIBITED
The imposition of the penalty of death is hereby prohibited. Accordingly, Republic Act No. 8177, otherwise known as the Act Designating Death by lethal injection is hereby repealed. Republic Act No. 7659, otherwise known as the Death Penalty Law, and all other laws, executive orders and decrees, insofar as they impose the death penalty are hereby repealed or amended accordingly. (Sec. 1)
PENALTIES OF TO IMPOSED INSTEAD OF DEATH
In lieu of the death penalty, the following shall be imposed:
a) The penalty of reclusion perpetua, when the law violated makes use of the nomenclature of the penalties of the Revised Penal Code;
b) The penalty of life imprisonment, when the law violated does not make use of the nomenclature of the penalties of the Revised Penal Code. (Sec. 2)
NOT ELIGIBLE FOR PAROLE
Person convicted of offenses punished with reclusion perpetua, or whose sentences will be reduced to reclusion perpetua, by reason of this Act, shall not be eligible for parole under Act No. 4180, otherwise known as the Indeterminate Sentence Law, as amended. (Sec. 3)
The Board of Pardons and Parole shall cause the publication at least once a week for three consecutive weeks in a newspaper of general circulation of the names of persons convicted of offenses punished with reclusion perpetua or life imprisonment by reason of this Act who are being considered or recommended for commutation or pardon; Provided, however, That nothing herein shall limit the power of the President to grant executive clemency under Section 19, Article VII of the Constitution. (Sec. 4)
DISQUALIFICATION OF A JUVENILE CONVICTED OF AN OFFENSE PUNISHABLE BY DEATH, LIFE IMPRISONMENT OR RECLUSION PERPETUA FROM AVAILING BENEFITS OF A SUSPENDED SENTENCE
The law merely amended Article 192 of P.D. No. 603, as amended by A.M. No. 02-1-18-SC, in that the suspension of sentence shall be enjoyed by the juvenile even if he is already 18 years of age or more at the time of the pronouncement of his/her guilt. The other disqualifications in Article 192 of P.D. No. 603, as amended, and Section 32 of A.M. No. 02-1-18-SC have not been deleted from Section 38 of Rep. Act No. 9344. Evidently, the intention of Congress was to maintain the other disqualifications as provided in Article 192 of P.D. No. 603, as amended, and Section 32 of A.M. No. 02-1-18-SC. Hence, juveniles who have been convicted of a crime the imposable penalty for which is reclusion perpetua, life imprisonment or reclusion perpetua to death or death are disqualified from having their sentences suspended. (Declarador vs. Hon. Gubaton, G.R. No. 159208, August 18, 2006)
ILLEGAL POSSESSION OF FIREARMS
(REPUBLIC ACT NO. 8294)
SECTION 1. Section 1 Presidential Decree No. 1866, as amended, is hereby further amended to read as follows:
“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 prision correccional in its maximum period and a fine of not less than Fifteen thousand pesos (P15,000) shall be imposed upon any person who shall unlawfully manufacture, deal in, acquire, dispose, or possess any low powered firearm, such as rimfire handgun, .380 or .32 and other firearm of similar firepower, part of firearm, ammunition, or machinery, tool or instrument used or intended to be used in the manufacture of any firearm or ammunition: Provided, That no other crime was committed.
“The penalty of prision mayor in its minimum period and a fine of Thirty thousand pesos (P30,000) shall be imposed if the firearm is classified as high powered firearm which includes those with bores bigger in diameter than .38 caliber and 9 millimeter such as caliber .40, .41, .44, .45 and also lesser calibered firearms but considered powerful such as caliber .357 and caliber .22 center-fire magnum and other firearms with firing capability of full automatic and by burst of two or three: Provided, however, That no other crime was committed by the person arrested.
“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.
“If the violation of this Section is in furtherance of or incident to, or in connection with the crime of rebellion or insurrection, sedition, or attempted coup d’etat, such violation shall be absorbed as an element of the crime of rebellion, or 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.
“The penalty of arresto mayor shall be imposed upon any person who shall carry any licensed firearm outside his residence without legal authority therefor.”
SECTION 2. Section 3 of Presidential Decree No. 1866, as amended, is hereby further amended to read as follows:
“SECTION 3. Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of Explosives. — The penalty of prision mayor in its maximum period to reclusion temporal and a fine of not less than Fifty thousand pesos (P50,000) shall be imposed upon any person who shall unlawfully manufacture, assemble, deal in, acquire, dispose or possess hand grenade(s), rifle grenade(s), and other explosives, including but not limited to ‘pillbox,’ ‘molotov cocktail bombs,’ ‘fire bombs,’ or other incendiary devices capable of producing destructive effect on contiguous objects or causing injury or death to any person.
“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.
“If the violation of this Section 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 explosives 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.”
SECTION 3. Section 5 of Presidential Decree No. 1866, as amended, is hereby further amended to read as follows:
“SECTION 5. Tampering of Firearm’s Serial Number. — The penalty of prision correccional shall be imposed upon any person who shall unlawfully tamper, change, deface or erase the serial number of any firearm.”
SECTION 4. Section 6 of Presidential Decree No. 1866, as amended, is hereby further amended to read as follows:
“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.”
SECTION 5. Coverage of the Term Unlicensed Firearm. — The term unlicensed firearm shall include:
1) firearms with expired license; or
2) unauthorized use of licensed firearm in the commission of the crime.
