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Special Penal Laws

Introduction

1.) Offenses are usually mala prohibita (general rule)

This implies that good faith is usually not a tenable defense in crimes punished under special
penal laws. For instance, in RA 9165 or the Comprehensive Dangerous Drug Act, mere
possession of a prohibited drug can already constitute a crime. An accused cannot put up
the defense of good faith.

Exceptions: Trafficking in persons and child pornography are crimes punished under
special penal laws but are mala in se. Good faith can be a viable defense for an accused in
these crimes.

2.) Rules and principles of the Revised Penal Code do not usually apply (general rule)

The RPCs classification of criminal actors (principal, accomplice, accessory), stages of a


felony (attempted, frustrated, consummated), the concept of conspiracy and the appreciation
of special circumstances (justifying, exempting, mitigating, aggravating) are not always
applicable in offenses punished under special penal laws. Hence, a person punished under
special penal laws cannot avail of the aforementioned rules and principles under the RPC to
his favor.

For example, in the law on illegal numbers game, the persons punishable are specifically
defined and indicated in the law (e.g. coordinators, financers). There are no accomplices or
accessories and the concept of conspiracy is not applied.

Exception: If it is specifically provided for by its provisions, the rules and principles of the
RPC can be suppletory to the special penal law. This is in line with Article 10 of the RPC
which provides that the RPCs provisions shall be supplementary to such laws unless it is
stated otherwise.

Examples:

The laws on child abuse and human trafficking specifically provides that there are
attempted stages and as such, are also accordingly punished.
Under the Dangerous Drug law, there is a particular section that punishes conspiracy
but only limited to certain acts (sell, deliver, manufacture, operate etc.). But it does
not include mere possession.
3.) Three essential characteristics: Prospectivity, Generality, and Extraterritoriality

Also known as the the Three Cardinal Rules. The abovementioned principles also apply to
special penal laws and not just to the RPC. It is an attribute of criminal law itself.

R.A. 10591: New Firearms Law (2013)

This is the new firearms law that superseded the old one. Consequently, rulings and
principles formulated under the old law are no longer applicable in the light of the new law.
However, it has not yet been fully implemented because of the lack of IRR (Implementing
Rules and Regulations). Because of this, there is a noticeable dearth in jurisprudence
involving the new law.

Primary objective of the new firearms law is the protection against violence and the
recognition of the right to self-defense.

Atty. Petralba: Unlicensed firearm is an inaccurate term. This is because we do not license
firearms as much as we do not license cars. But we do register firearms and cars. The car
owner and the gun owner is the one that is licensed. Hence, unregistered firearm is a more
apt term.

Definition of a Firearm

Section 3. Definition of Terms. As used in this Act:

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(l) Firearm refers to any handheld or portable weapon, whether a small arm or
light weapon, that expels or is designed to expel a bullet, shot, slug, missile or
any projectile, which is discharged by means of expansive force of gases
from burning gunpowder or other form of combustion or any similar instrument
or implement. For purposes of this Act, the barrel, frame or receiver is
considered a firearm.

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a.) expels or is designed to expel

This is why paltiks or sumpaks can be considered as firearms though they are technically
not guns. What is important is that it is capable of firing or is designed to expel a bullet, slug
etc.
b.) any projectile

An arrow can also be a firearm projectile (provided of course that it is fired using gunpowder
or other sources of expansive gas forces)

c.) expansive force of gases from burning gunpowder or other form of combustion

The discharge must be by the following means otherwise it is not a firearm (e.g. a
mechanical crossbow or a simple bow and arrow, both use kinetic energy to fire and are not
considered firearms)

Note: The definition of firearms under RA 10591 is specific only to the law. The COMELEC
Gun Ban law for example has a different definition.

Two Classifications

1.) Small arms

Refers to firearms intended to be or primarily designed for individual use or that which is
generally considered to mean a weapon intended to be fired from the hand or shoulder,
which are not capable of fully automatic bursts of discharge.

Examples are handguns, rifles, and shotguns.

2.) Light weapons

Refers to either Class-A Light weapons which refer to self-loading pistols, rifles and
carbines, submachine guns, assault rifles and light machine guns not exceeding caliber
7.62MM which have fully automatic mode and Class-B Light weapons which refer to
weapons designed for use by two (2) or more persons serving as a crew, or rifles and
machine guns exceeding caliber 7.62MM such as heavy machine guns, handheld
underbarrel and mounted grenade launchers, portable anti-aircraft guns etc.

Loose Firearm

Refers to the following:

a.) unregistered firearm

b.) an obliterated or altered firearm

c.) firearm which has been lost or stolen

d.) illegally manufactured firearms

e.) registered firearms in the possession of an individual other than the licensee

f.) those with revoked licenses in accordance with the rules and regulations.
Atty. Petralba: Note that firearms with expired licenses are not considered loose firearms but
only revoked ones. So having in your possession an expired firearm does not make you
liable under this law.

Section 7. Carrying of Firearms Outside of Residence or Place of Business

A permit to carry firearms outside of residence shall be issued by the


Chief of the PNP or his/her duly authorized representative to any
qualified person whose life is under actual threat or his/her life is in
imminent danger due to the nature of his/her profession, occupation
or business.

It shall be the burden of the applicant to prove that his/her life is


under actual threat by submitting a threat assessment certificate from
the PNP.

Difference between MOR (Memorandum of Receipt), MO (Mission Order) and PTC


(Permit to Carry)

A MOR is a receipt issued to an authorized person for a government owned gun. It is usually
issued together with a MO which is like a PTC (which is issued to private individuals) for
authorized police, military, or security personnel.

In the case of security guards, the firearms they use are registered in the name of the
agency. It is sub-issued to them by virtue of a so called DDO (Duty-Detailed Order).

Professions Considered in Imminent Danger

(a) Members of the Philippine Bar;


(b) Certified Public Accountants;
(c) Accredited Media Practitioners;
(d) Cashiers, Bank Tellers;
(e) Priests, Ministers, Rabbi, Imams;
(f) Physicians and Nurses;
(g) Engineers; and
(h) Businessmen, who by the nature of their business or undertaking, are exposed to high
risk of being targets of criminal elements.

Note: Belonging to the following profession does not, ipso facto, make a person eligible to
carry a firearm outside his/her residence right away. The burden is on the applicant to prove
that his/her life is actually in danger.

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