LAWS ON EXPLOSIVES

PRESIDENTIAL DECREE No. 1727

DECLARING AS UNLAWFUL THE

MALICIOUS DISSEMINATION OF FALSE
INFORMATION OF THE WILLFUL MAKING
OF ANY THREAT CONCERNING BOMBS,
EXPLOSIVES OR ANY SIMILAR DEVICE
OR MEANS OF DESTRUCTION AND
IMPOSING PENALTIES THEREOF
• WHEREAS, in the wake of recent bombings, arsons, and
other terroristic acts committed by radicals and other
lawless elements in the country, such radical and
lawless elements, and other persons popularly known or
described as "pranksters", having been conveying,
propagating or otherwise disseminating false information
or willfully making threats regarding the alleged presence
of bombs, explosives, incendiary devices, or any similar
device or means of destruction in buildings, tenements,
and other places, by word of mouth or through the use of
telephones, telegraph, the mail, and other means of
communication, for the purpose of causing or creating
public confusion and disorder;
• WHEREAS, such acts and activities of the radical and
lawless elements, and other persons pose a grave and
positive danger to public safety and security, and it is
necessary that the government immediately adopt and
enforce adequate and effective measures to curb these
criminal acts and activities, and to deter the radicals and
other lawless elements in the country from pursuing their
destructive designs and their heinous aims and ends;
• NOW, THEREFORE, I, FERDINAND E. MARCOS,
President of the Philippines, by virtue of the powers
vested in me by the Constitution, do hereby order and
decree as follows:
• Section 1. Any person who, by word of mouth or through
the use of the mail, telephone, telegraph, printed
materials and other instrument or means of
communication, willfully makes any threat or maliciously
conveys, communicates, transmits, imparts, passes on, or otherwise
disseminates false information, knowing the same to be false,
concerning an attempt or alleged attempt being made to kill, injure,
or intimidate any individual or unlawfully to damage or destroy any
building, vehicle, or other real or personal property, by means of
explosives, incendiary devices, and other destructive forces of
similar nature or characteristics, shall upon conviction be
punished with imprisonment of not more than
five (5) years, or a fine or not more than forty
thousand pesos (P40,000.00) or both at the
discretion of the court having jurisdiction over the offense
herein defined and penalized.
• Section 2. The offender shall be arrested by
means of an Arrest, Search and Seizure Order
(ASSO) and shall not be entitled to bail pending
trial by the military tribunals or military courts
which shall have exclusive jurisdiction over
cases involving any violation of the provisions of
this decree.
• Section 3. This decree shall take effect
immediately.
• Done in the City of Manila, this 8th day of
October, in the year of Our Lord, nineteen
hundred and eighty.
RA 9516
 REPUBLIC ACT NO. 9516
(Approved : December 22, 2008)

“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 VIOLATIONS
THEREOF, AND FOR OTHER RELEVANT
PURPOSES.”
EXPLOSIVES – REFERS TO ANY SUBSTANCE EITHER SOLID OR
LIQUID, EITHER AS A MIXTURE OF SINGLE COMPOUND WHICH BY
CHEMICAL REACTION LIBERATE AT HIGH SPEED, HEAT AND GAS
CAUSING TREMENDOUS PRESSURE RESULTING IN AN EXPLOSION,
SUCH AS GUNPOWDER, POWDER USED FOR BLASTING, ALL
FORMS OF HIGH EXPLOSIVES, BLASTING MATERIALS, DYNAMITE,
FUSES, DETONATORS AND DETONATING AGENTS , SMOKELESS
POWDER, HAND GRENADE, RIFLE GRENADE, PILL BOX BOMB,
MOLOTOV COCKTAIL BOMB, OR OTHER INCENDIARY DEVICES, AND
OTHER CHEMICAL COMPOUND OR CHEMICAL MIXTURE THAT
CONTAINS ANY COMBUSTIBLE UNIT OR OTHER INGREDIENTS IN
SUCH PROPORTON OR PACKING THAT IGNITES BY FIRE, BY
FRICTION, BY CONCUSSION, BY PERCUSSION, OR BY DETONATION
OF ALL OR ANY PART OF THE COMPOUND OR MIXTURE CAUSING
SUCH A SUDDEN GENERATION OF HIGHLY HEATED GASES THAT
RESULTANT GASEOUS PRESSURE ARE CAPABLE OF PRODUCING
DESTRUTIVE EFFECTS ON CONIGUOUS OBJECTS OR DESTROYING
LIFE OR LIMB.
SECTION 1. Further amends Section 3 of
PD 1866, as amended, to read as
follows:
“Section 3. Unlawful manufacture, sale,
acquisition, disposition, importation or
possession of an explosive or inciendary
device.-
 ELEMENTS
a) any person who shall WILFULLY and
unlawfully
1. manufacture;
2. assemble;
3. deal in;
4. acquire;
5. dispose;
6. import; or
7. possess
 ELEMENTS
b) any explosive or incendiary device,
including but not limited to:
1. hand grenade/s;
2. rifle grenade/s;
3. pillbox bomb;
4. Molotov cocktail bomb
5. fire bomb; and
6. other similar explosive and incendiary
devices.
 ELEMENTS
c) with knowledge of its:
1. existence; and
2. its explosive or incendiary character
d) where the explosive or incendiary device
is capable of:
1. producing destructive effect on contiguous
objects; or
2. causing injury or death to any person.
Penalty:
RECLUSION PERPETUA
(20 years & 1 day to 40 years)
Provided:
Mere possession of explosive or incendiary
device is PRIMA FACIE evidence of element [c],
- that the person had knowledge of the existence
and explosive or incendiary character of the
device.
Provided, however:
The following shall not be a violation of this
Section:
a) A temporary, incidental, casual, harmless or
transient possession or control of any
explosive or incendiary device;
b) Without knowledge of:
1. its existence; OR
2. its explosive or incendiary character.
Provided, further:
The following is likewise not a violation of this
Section:
a) A temporary, incidental, casual, harmless or
transient possession or control of any
explosive or incendiary device;
b) For the sole purpose of surrendering it to the
proper authorities.
Provided, finally:
That in addition to the instances provided in
the two immediately preceding paragraphs, the
COURT may determine the absence of the
intent to possess (ANIMUS POSSIDENDI) in
accordance with the facts and circumstances of
each case, and the application of other pertinent
laws, among them Articles 11 and 12 of the
RPC.”
SECTION 2. Further amends Section 4 of
PD 1866, as amended, to read as follows:

“Section 3-A. Unlawful manufacture, sale,

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. –
 ELEMENTS
a) any person who shall WILFULLY and unlawfully
manufacture, assemble, deal in, acquire, dispose,
import or possess;
b) any part, ingredient, machinery, tool or instrument of
any explosive or inciendary device, whether chemical,
mechanical, electronic, electrical or otherwise;
c) used or intended to be used by that person for its
manufacture, construction, assembly, delivery or
detonation;
d) where the explosive or inciendary device is capable or
is intended to be made capable of:
1) producing destructive effect on contiguous objects; or
2) causing injury or death to any person.
 ELEMENTS
a) any person who shall WILFULLY and
unlawfully manufacture, assemble, deal in,
acquire, dispose, import or possess;
 ELEMENTS
b) any part, ingredient, machinery, tool or
instrument of any explosive or inciendary
device, whether chemical, mechanical,
electronic, electrical or otherwise;
 ELEMENTS
c) used or intended to be used by that person for
its manufacture, construction, assembly,
delivery or detonation;
 ELEMENTS
d) where the explosive or inciendary device is
capable or is intended to be made capable of:
1) producing destructive effect on contiguous
objects; or
2) causing injury or death to any person.
Penalty: RECLUSION PERPETUA
(20 years & 1 day to 40 years)
Provided:
The following shall be considered PRIMA
FACIE evidence that the article is intended to be
used by that person in the unlawful/illegal
manufacture, construction, assembly, delivery or
detonation of an explosive or inciendary device:
a) mere possession of any part, ingredient, machinery,
tool or instrument;
b) directly used in the manufacture, construction,
assembly, delivery or detonation of any explosive or
inciendary device;
c) by any person whose business activity or employment
does not lawfully deal with the possession of such
article.
NOTE: This proves intention to manufacture… etc. an
explosive or inciendary device, as element [c] of the
violation of Section 3-A.
Provided, however:
The following shall not be a violation of this
Section:
a) a temporary, incidental, casual, harmless or
transient possession or control:
1) of any part, ingredient, machinery, tool or instrument;
2) directly used in the manufacture, construction, assembly,
delivery or detonation of any explosive or inciendary device;
b) without the knowledge of its:
1) existence; OR
2) character,
as a part, ingredient, machinery, tool or instrument
directly used in the manufacture, construction,
assembly, delivery or detonation of any explosive or
inciendary device.
Provided, further:
The following shall not be a violation of this
Section:
a) the temporary, incidental, casual, harmless or
transient possession or control:
1) of any part, ingredient, machinery, tool or
instrument;
2) directly used in the manufacture, construction,
assembly, delivery or detonation of any explosive or
inciendary device;
b) for the sole purpose of surrendering it to the
proper authorities.
Provided, finally:
That in addition to the instances provided in
the two immediately preceding paragraphs, the
COURT may determine the absence of intent to
possess (ANIMUS POSSIDENDI) in accordance
with the facts and circumstances of each case
and the application of other pertinent laws,
among them, Articles 11 and 12 of the RPC.”
SECTION 3. Insert a new Section 3-B, 3-C, 3-D, 4,
4-A, 4-B, 4-C, 4-D, 4-E and 4-F:

“Section 3-B. Penalty for the owner, president,

manager, director or other responsible officer of
any public or private firm, company, corporation
or entity. –

Penalty: RECLUSION PERPETUA

(20 years & 1 day to 40 years)
 ELEMENTS:
a) any owner, president, manager, director or
other responsible officer of any public or
private firm, company, corporation or entity;
b) who shall WILLFULLY or knowingly;
c) allow any explosive or inciendary device or
parts thereof owned or controlled by such firm,
company, corporation or entity;
d) to be used by any person/s found guilty of
violating the provisions of the preceding
paragraphs.
Section 3-C. Relationship of other crimes with a
violation of this Decree and the penalty therefor. –

NOTE: Must be read in conjunction with Section 3-D.

Penalty: 1) RECLUSION PERPETUA; and

2) FINE, P100,000 to P1 Million.
It shall be imposed when any of the following violations:
1) Section 3 (Unlawful manufacture, sale, acquisition, disposition,
importation or possession of an explosive or inciendary
device);
2) Section 3-A (Unlawful manufacture, sale, 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
of an explosive or inciendary device);
3) Section 3-B (Penalty for owner, president, manager, director or
other responsible officer of any public or private firm, company,
corporation or entity who willfully or knowingly allows any
explosive or inciendary device or parts thereof owned or
controlled by such firm, company, corporation or entity, to be
used by persons found guilty of violating PD 1866);
a) is a NECESSARY MEANS for committing any crime under the
RPC or special laws; OR
b) is in furtherance of, incident to, in connection with, by reason of, or
on occasion of any of the crimes under the RPC or special laws.
Section 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,
a) the CONVICTION; or
b) ACQUITTAL of the accused; or
c) the DISMISSAL of the case,
for violation of PD 1866, operates as a BAR to ANOTHER
PROSECUTION of the SAME ACCUSED for ANY
OFFENSE where:
1) the violation of PD 1866 was:a necessary means for
committing the offense; or
2) in furtherance of which, incident to which, in
connection with which, by reason of which, or on
occasion of which, the violation of PD 1866 was
committed,
and VICE VERSA.
Section 4. Responsibility and Liability of Law
Enforcement Agencies and other Government
Officials and Employees in testifying as
PROSECUTION or DEFENSE witnesses. –

I. For Law Enforcers/Gov’t Officials or Employees:

PENALTY:
1) RECLUSION TEMPORAL (12 years & 1 day to 20
years); and
2) FINE of P500,000.00; and
3) ADMINISTRATIVE LIABILITY.
 ELEMENTS:
a) any member of law enforcement agencies or
gov’t official and employee; (NOTE: applies
only to gov’t personnel)
b) who, after due notice, fails or refuses to appear
as prosecution or defense witness in any
proceeding involving violations of PD 1866, as
amended;
c) intentionally or negligently;
d) without any valid reason.
II. For the immediate superior of the law enforcer
or gov’t official/employee:

PENALTY:
1) PRISION CORECCIONAL (6 months & 1 day to 6
years); and
2) FINE, P10,000.00 to P50,000.00; and
3) PERPETUAL ABSOLUTE DISQUALIFICATION
from public office.
 ELEMENTS:
a) any immediate superior of the law enforcer or
gov’t official/employee;
b) who does not exert reasonable effort to
present the law enforcer or gov’t
official/employee in court;
c) despite due notice.
Prohibition on TRANSFER or REASSIGNMENT
of law enforcer or gov’t employee:

General Rule:
1) no member of the law enforcement agency or
any other gov’t employee who is a witness,
either for the prosecution or defense, in a case
involving a violation of PD 1866, as amended;
2) shall be transferred or reassigned;
3) to any other gov’t office located in another
territorial jurisdiction;
4) while the case is pending in court.
Exception:
Unless for COMPELLING REASONS.

Provided: the immediate superior informs the court

where the case is pending of the order to
transfer or reassign, within 24 hours from the
approval of said order to transfer or reassign.
PENALTY: for immediate superior who fails to
inform court of order to transfer or reassign
within 24 hours from its approval:
1) PRISION CORRECCIONAL (6 months & 1 day to 6
years); and
2) FINE (P10,000.00 to P50,000.00); and
3) PERPETUAL ABSOLUTE DISQUALIFICATION
from public office.
Section 4-A. Criminal Liability for PLANTING OF
EVIDENCE. –

Penalty: RECLUSION PERPETUA

(20 years & 1 day to 40 years)
 ELEMENTS:
a) any person who acts WILLFULLY; (NOTE: hence, there can
be no planting of evidence by negligence; may be committed
by private individual or civilian)
b) by maliciously and surreptitiously:
1) inserting;
2) placing;
3) adding; or
4) attaching;
directly or indirectly, through any overt or covert act;
c) whatever quantity of any of the following:
1) any explosive or inciendary device; or
2) any part, ingredient, machinery, tool or instrument of any
explosive or inciendary device;
whether chemical, mechanical, electronic, electrical or otherwise;
d) in the person, house, effects or immediate vicinity of an
innocent individual;
e) for the purpose of implicating, incriminating or imputing the
commission of any violation of PD 1866.
SECTION 4-B. Continuous Trial. –

JUDGE must schedule continuous trial on a

daily basis from Monday to Friday or other short
term trial calendar to ensure speedy trial.

Case must be terminated within 90 days

from arraignment.
Section 4-C. Authority to Import, Sell or Possess
Chemicals or Accessories for explosives. –
Acts prohibited:
1) IMPORTATION of chemical or accessories
that can be used in the manufacture of
explosives or explosive ingredients from
foreign suppliers; or
2) POSSESSION of such chemical or
accessories or explosive ingredients; or
3) SALE of such chemical or accessories or
explosive ingredients to licensed dealers or
end-users.
Authorized Persons or Entities:
Only those issued/granted the following:
1) manufacturer’s license;
2) dealer’s license; or
3) purchaser’s license.

Issuing Authority: PNP-FED

Section 4-D. Chemicals/Accessories
covered:
1) chlorates;
2) nitrates;
3) nitric acid; and
4) such other chemicals and accessories that
can be used for the manufacture of
explosives and explosive ingredients.
Section 4-E. Record of Transactions. –

Those who intend to import, sell or possess the

aforementioned chemicals or accessories must:
1) File an application with the Chief PNP;
2) State the purpose for which the license or permit is sought;
and
3) State other information as required by the Chief PNP.

A permanent record of all such transactions shall be

maintained.

Documents shall be open to inspection by appropriate

authorities.
Section 4-F. Cancellation of License. –

Failure to comply with Section 4-C (Manufacturer’s

License, dealer’s License or Purchaser’s License),
4-D (Types of Chemicals/Accessories covered),
4-E (Record of Transactions), shall be sufficient
cause for:
1) Cancellation of License; and
2) Confiscation of all such chemical and accessories, whether or
not lawfully imported, purchased or possessed by subject
person or entity.