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FOURTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
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First Regular Session 
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SENATE 
Senate Bill No. 18 3 3 
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Introduced by Sen. Juan Ponce Enrile 
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EXPLANATORY NOTE 
Presidential Decree 1866 was enacted to penalize any person or persons 
who have access to explosives which can cause massive destruction to properties 
and loss of lives, among other crimes. The penalties, however, were found to be 
too severe as the decree also included mere illegal possession of firearms. 
Congress thereafter enacted Republic Act No. 8294 to reduce the penalties for the 
crimes committed under PD 1866. 
While the effort to reduce the penalties of illegal possession was indeed 
laudable for humanitarian considerations, the effect was a sweeping change for, 
under the present law, even illegal possession of explosives has been given the 
same lesser penalty. 
Undoubtedly, the possession of explosives, hazardous 
materials and other chemicals of the same nature is more dangerous than the 
possession of a mere firearm. Even a small quantity of explosives and other 
materials can cause multiple deaths or massive destruction to property. It is high 
time therefore to address this imminent threat to public safety and institute more 
improved safeguards for the benefit of our people. 
This bill seeks to further amend Presidential Decree 1866, as amended, to 
expand the definition of illegal possession of explosives and consequently 
increase the penalties therefor. 
In view of the foregoing, the immediate passage of this bill is earnestly 
sought. 


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FOURTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES ) 
7 NO\/ 
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First Regular Session 
1 
SENATE 
Senate Bill No. 
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Introduced by Sen. Juan Ponce Enrile 
AN ACT 
FURTHER AMENDING THE PROVISIONS OF PRESIDENTIAL DECREE NO. 1866, AS 
AMENDED, 
ENTITLED "CODIFYING 
THE 
LAWS ON ILLEGAL/UNLAWFUL 
POSSESSION, MANUFACTURE, DEALING IN, ACQUISITION OR DISPOSITION OF 
FIREARMS, AMMUNITION OR EXPLOSIVES OR INSTRUMENTS USED IN THE 
MANUFACTURE OF FIREARMS, AMMUNITION OR EXPLOSIVES, AND IMPOSING 
STIFFER PENALTIES FOR CERTAIN VlOhTlONS THEREOF, AND FOR OTHER 
PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Section 3 of Presidential Decree No. 1866, as amended by Republic 
Act No. 8294, is hereby further amended to read as follows: 
Section 3. 
Unlawful Manufacture, Sales, Acquisition, 
Disposition or Possession of Explosives OR INSTRUMENTS USED OR 
INTENDED TO BE USED THEREFOR. - The penalty of [prision mayor 
in its maximum period to reclusion temporal and a fine of not less 
than Fifty thousand pesos (P50,OOO)l RECLUSlON PERPETUA shall be 
imposed upon any person who shall unlawfully manufacture, 
assemble, deal in, acquire, dispose or possess ANY EXPLOSIVE OR 
INCENDIARY DEVICE OR ANY PART, 
MACHINERY, TOOL OR 
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INSTRUMENT THEREOF, 
WHETHER 
CHEMICAL, 
MECHANICAL, 


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ELECTRONIC, ELECTRICAL OR OTHERWISE, USED OR INTENDED TO BE 
USED 
FOR 
ITS 
MANUFACTURE, 
CONSTRUCTION, 
ASSEMBLY, 
DELIVERY OR DETONATION, WHERE THE EXPLOSIVE OR INCENDIARY 
DEVICE IS CAPABLE OR IS INTENDED TO BE CAPABLE OF PRODUCING 
MASSIVE DESTRUCTION TO PROPERTY OR CAUSING DEATH TO ANY 
PERSON, including hand grenade (s), rifle grenade(s) and other 
explosive[s], including but not limited to “pillbox bomb”, “Molotov 
cocktail bomb”, “fire bomb”, hand grenade, rifle grenade, and other 
explosive and 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 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 CIRCUMSTANCES] shall be 
punished with the penalty of RECLUSION PERPETUA. 
If the violation of this Section is in furtherance of, or incident to, or in 
connection with the crimes of rebellion, insurrection, SEDITION OR 
[attempted] coup d’ 
etat, 
INCLUDING THE 
PROPOSAL 
OR 
CONSPIRACY TO COMMIT THE CRIMES MENTIONED ABOVE, [shall be 


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absorbed as an element of the crimes of rebellion, insurrection, 
sedition or attempted coup d' etat] THE PENALTY OF RECLUSlON 
PERPETUA SHALL BE IMPOSED. 
The [same] penalty OF RECLUSlON PERPETUA 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. 
SEC. 2. Section 4 of Presidential Decree No. 1866, as amended, is hereby further 
amended to read as follows: 
SEC. 4. 
Presumption of Unlawful Manufacture. - The 
possession of any PART, machinery, tool or instrument directly used 
in the manufacture, CONSTRUCTION, ASSEMBLY, 
DELIVERY OR 
DETONATION 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, CONSTRUCTION, 
ASSEMBLY, DELIVERY OR DETONATION of explosives. 
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SEC. 3. Separability Clause. - If, for any reason, any provision of this Act is 
declared to be unconstitutional or invalid, the other Sections or provisions thereof 
which are not affected thereby shall continue to be in full force and effect. 
SEC. 4. Repealing Clause. All laws, decrees, orders, rules and regulations or parts 
thereof inconsistent with the provisions of this Act are hereby repealed, 
amended, or modified accordingly. 
SEC. 5. Effectivity. - This Act shall take effect after fifteen (15) days following its 
publication in the Official Gazette or in two (2) newspapers of general 
circulations. 
Approved