Friday, March 21, 2008

John Estrada caught on NAIA

On the NEWS:

John Estrada, a Filipino actor, was caught by aviation security during an x-ray check-up on his hand carried bag. The x-ray showed 9 pieces of 9mm ammunitions. Report said, he was about to board a Malaysian airline bound for Kuala Lumpur.

The actor was told to provide documentation, however the actor failed to produce any documents. He would now be facing charges in violation of Presidential Decree 1866 or the law against illegal possession of ammunition.

PRESIDENTIAL DECREE No. 1866
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 RELEVANT PURPOSES

WHEREAS, there has been an upsurge of crimes vitally affecting public order and safety due to the proliferation of illegally possessed and manufactured firearms, ammunition and explosives;

WHEREAS, these criminal acts have resulted in loss of human lives, damage to property and destruction of valuable resources of the country;

WHEREAS, there are various laws and presidential decrees which penalized illegal possession and manufacture of firearms, ammunition and explosives;

WHEREAS, there is a need to consolidate, codify and integrate said laws and presidential decrees to harmonize their provisions;


WHEREAS, there are some provisions in said laws and presidential decrees which must be updated and revised in order to more effectively deter violators of the law on firearms, ammunition and explosives.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby decree:1awphi1©

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 of Ammunition. - The penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed upon any person who shall unlawfully manufacture, deal in, acquire, dispose, or possess any firearm, part of firearm, ammunition or machinery, tool or instrument used or intended to be used in the manufacture of any firearm or ammunition.

If homicide or murder is committed with the use of an unlicensed firearm, the penalty of death shall be imposed.

If the violation of this Section is in furtherance of, or incident to, or in connection with the crimes of rebellion, insurrection or subversion, the penalty of death shall be imposed.

The penalty of reclusion temporal in its maximum period to reclusion 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 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.

The penalty of prision mayor shall be imposed upon any person who shall carry any licensed firearm outside his residence without legal authority therefore.

Section 2. Presumption of Illegal Manufacture of Firearms or Ammunition. - The possession of any machinery, tool or instrument used directly in the manufacture of firearms or ammunition, by any person whose business or employment does not lawfully deal with the manufacture of firearms or ammunition, shall be prima facie evidence that such article is intended to be used in the unlawful/illegal manufacture of firearms or ammunition.

Section 3. Unlawful Manufacture, Sales, Acquisition, Disposition or Possession of Explosives. - The penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed upon any person who shall unlawfully manufacture, assemble, deal in, acquire, dispose or possess handgrenade(s), rifle grenade(s) and other explosives, including but not limited to "philbox bombs", "molotov cocktail bomb", "fire-bombs", or other incendiary devices capable of producing destructive effect on contiguous objects or causing injury or death to any person.1awphi1©ITC
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 shall be punished with the penalty of death.If the violation of this Section is in furtherance of, or incident to, or in connection with the crimes of rebellion, insurrection or subversion, the penalty of death shall be imposed.The penalty of reclusion temporal in its maximum period to reclusion 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.

Section 4. Presumption of Unlawful Manufacture. - The possession of any machinery, tool or instrument directly used in the manufacture 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 of explosives.

Section 5. Tampering of Firearm's Serial Number. - The penalty of prision mayor shall be imposed upon any person who shall unlawfully tamper, change, deface or erase the serial number of any firearm.

Section 6. Repacking or Altering the Composition of Lawfully Manufactured Explosives. - The penalty of prision mayor shall be imposed upon any person who shall unlawfully repack, alter or modify the composition of any lawfully manufactured explosives.


Section 7. Unauthorized Issuance of Authority to Carry Firearm and/or Ammunition Outside of Residence. - The penalty of prision correccional shall be imposed upon any person, civilian or military, who shall issue authority to carry firearm and/or ammunition outside of residence, without authority therefor.

Section 8. Rules and Regulations. - The Chief of the Philippine Constabulary shall promulgate the rules and regulations for the effective implementation of this Decree.

Section 9. Repealing Clause. - The provisions of Republic Act No. 4, Presidential Decree No. 9, Presidential Decree No. 1728 and all laws, decrees, orders, instructions, rules and regulations which are inconsistent with this Decree are hereby repealed, amended or modified accordingly.

Section 10. Effectivity. - This Decree shall take effect after fifteen (15) days following the completion of its publication in the Official Gazette. Done in the City of Manila, this 29th day of June, in the year of
Our Lord, nineteen hundred and eighty-three.

Source: http://www.lawphil.net/statutes/presdecs/pd1983/pd_1866_1983.html

Thursday, March 20, 2008

Free Tibet


When I was young, I thought Tibet was a sovereign country; it is only now, because of the recent news on the Internet that I have come to know its present state. That Tibet is a Chinese controlled territory.

This year the eyes of the world would be on China for the Beijing Olympics to be held there. In China’s point of view it seems that the exiled government of Tibet, the Dalai Lama as their leader, is taking this opportunity to recover their country. However, the Dalai Lama and his government-in-exile denied this allegation.

If you look on the history of Tibet, the country is struggling for independence for decades. And as of this moment in time rallies, protests, and revolts are happening again. It is the same struggle for independence, history repeating itself. It would be the biggest revolt against China.

The saddest thing is, independence comes with a very expensive price. Right now, we are hearing reports of death from this uprising. Innocent people are being killed (directly or indirectly), taken into prison, and arrested.

I hope China will handle this situation with utmost care, the Chinese government should undertake the necessary measures, even to a point of giving up with the battle and granting Tibet its freedom.

As I recall this phrase from a famous Filipino song, “Ibon mang may layang lumipad, kulungin mo at umiiyak.” I don’t know the exact translation to this but here is mine “Like birds freely fly, cage them and they will cry.” I guess that’s it, it is human nature to ask for independence, as birds’ nature is to fly.

News article links from http://www.freetibet.org/march2008.html
Photos from http://www.freetibet.org/march2008.html






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