H. No. 125 / 42 OG No. 7, 1472 (July, 1946)

[ REPUBLIC ACT NO. 4, July 19, 1946 ]

AN ACT TO AMEND SECTION TWENTY-SIX HUNDRED AND NINETY-TWO OF THE REVISED ADMINISTRATIVE CODE, AND TO EXEMPT FROM RESPONSIBILITY THOSE WHO SHOULD SURRENDER FIREARMS UNDER CERTAIN CONDITIONS, AND FOR OTHER PURPOSES.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:SECTION 1. Section twenty-six hundred and ninety-two of the Revised Administrative code, as amended by Commonwealth Act Numbered Fifty-six, is hereby further amended to read as follows:

"SEC. 2692. Unlawful manufacture, dealing in, acquisition, disposition or possession of firearms, or ammunition therefore, or instrument used or intended to be used in the manufacture of firearms or ammunition.—Any person who manufactures, deals in, acquires, disposes, or possesses, any firearm, parts of firearms, or ammunition therefore, or instrument or implement used or intended to be used in the manufacture of firearms or ammunition in violation of any provision of sections eight hundred and seventy-seven to nine hundred and six, inclusive, of this Code, as amended, shall, upon conviction, be punished by imprisonment for a period of not less than one year and one day nor more than five years, or both such imprisonment and a fine of not less than one thousand pesos nor more than five thousand pesos, in the discretion of the court.  If the article illegally possessed is a rifle, carbine, grease gun, bazooka, machine gun, submachine gun, hand grenade, bomb, artillery of any kind or ammunition exclusively intended for such weapons, such period of imprisonment shall be not less than five years nor more than ten years.  A conviction under this section shall carry with it the forfeiture of the prohibited article or articles to the Philippine Government."The possession of any instrument or implement which is directly useful in the manufacture of firearms or ammunition on the part of any person whose business or employment does not deal with such instrument or implement shall be prima facie proof that such article is intended to be used in the manufacture of firearms or ammunition."

SEC. 2. The provisions of the foregoing section to the contrary notwithstanding, any person in possession of any of the prohibited articles therein mentioned, may, without incurring any criminal liability, surrender the same to such officer and within such period of time as the President shall by proclamation designate and fix immediately upon the approval of this Act: Provided, however, That this section shall not be interpreted to mean as in any way exempting from such liability any person, without the requisite license, found, within the aforementioned period of time, making use of any of said articles, except in self-defense, or carrying them on his person except for the purpose of surrendering them as herein required: Provided, further, That this section shall not in any way affect any case pending in court, on the date of the passage of this Act, for violation of section twenty-six hundred and ninety-two of the Revised Administrative Code; And provided, lastly, That the President may authorize any officer or agency of the Government to issue to the persons surrendering their firearms temporary licenses therefore for periods not exceeding three months at a time.SEC. 3. This Act shall take effect upon its approval. Approved, July 19, 1946.

Source: Supreme Court E-Library