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Old 09-25-2007, 11:35   #1
crazy_hans
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illegal possession of deadly weapon, does it exist?

i've heard a lot of stories people being caught with knives and being charged with illegal possession of deadly weapon. does that law exist?i've read the entire RPC and i swear it is not there and as far as Special Penal Laws are concerned i have not encountered it yet.all i know is that deadly weapon such as knives are covered by the comelec gun ban but aside from that i have not read any law prohibiting people from carrying one save for policy that prohibits carrying bladed weapon in the LRT which is not a penal law so no penalty for that.
And as for the gun ban, its going to be a field day for criminals not only because armed citizens can't bring waepons but also because of the lower penalty for those who will violate the gun ban(assuming the gun is unlicensed) because the offender will be liable for violation of the gun ban alone and not under illegal possession of firearms.This is according to the case of Agote vs. Lorenzo G.R. No. 142675. July 22, 2005 464 SCRA 60 which reiterated several decisions in the past.
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Old 09-25-2007, 19:14   #2
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With respect to carrying of knives, I came across the same problem while I was working at the Court of Appeals. AFAIK it's not in the Revised Penal Code, but I went to the nearby police station (besides Philam at UN Avenue) and the desk sergeant said it was penalized by a local ordinance. So check the local city ordinance regarding such things.

On a lighter side, while I was at law school, I came across a newspaper article where a guy in the US infected his GF with AIDS. It was noteworthy because he was then charged criminally with "assault with a deadly weapon". They couldn't have been pulling our legs since it wasn't April 1. Nothing more was heard about the case.
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Old 09-25-2007, 20:37   #3
presidingglock
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This is the law:

BATAS PAMBANSA BILANG 6


AN ACT REDUCING THE PENALTY FOR ILLEGAL POSSESSION OF BLADED, POINTED OR BLUNT WEAPONS, AND FOR OTHER PURPOSES, AMENDING FOR THE PURPOSE PRESIDENTIAL DECREE NUMBERED NINE.


Section 1. Paragraph three of Presidential Decree Numbered Nine is hereby amended to read as follows:

"3. It is unlawful to carry outside of one's residence any bladed, pointed or blunt weapon such as "knife", "spear", "pana", "dagger", "bolo", "barong", "kris", or "chako", except where such articles are being used as necessary tools or implements to earn a livelihood or in pursuit of a lawful activity. Any person found guilty thereof shall suffer the penalty of imprisonment of not less than one month nor more than one year or a fine of not less than Two Hundred Pesos nor more than Two Thousand Pesos, or both such imprisonment and fine as the Court may direct."

Sec. 2. Article twenty-two of the Revised Penal Code shall apply to persons previously convicted under paragraph three of Presidential Decree Numbered Nine.

Sec. 3. Any law or ordinance which is inconsistent herewith is hereby repealed.

Sec. 4. This Act shall take effect upon its approval.

Approved: November 21, 1978
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Old 09-26-2007, 01:04   #4
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Quote:
Originally posted by presidingglock
This is the law:

"3. It is unlawful to carry outside of one's residence any bladed, pointed or blunt weapon such as "knife", "spear", "pana", "dagger", "bolo", "barong", "kris", or "chako", except where such articles are being used as necessary tools or implements to earn a livelihood or in pursuit of a lawful activity. Any person found guilty thereof shall suffer the penalty of imprisonment of not less than one month nor more than one year or a fine of not less than Two Hundred Pesos nor more than Two Thousand Pesos, or both such imprisonment and fine as the Court may direct."
does this cover expandable batons as well?
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Old 09-26-2007, 06:03   #5
RTMonforte
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how about kitchen knife,can we consider it as a weapon if i carry it outside the house
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Old 09-26-2007, 06:24   #6
boni
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Quote:
Originally posted by brawnless
does this cover expandable batons as well?
hmmm hindi siguro covered sir... what the law includes it excludes hehehe tama ba reasoning ko dito mga sir?
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Old 09-26-2007, 09:23   #7
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Quote:
Originally posted by RTMonforte
how about kitchen knife,can we consider it as a weapon if i carry it outside the house

wear an apron
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Old 09-26-2007, 10:46   #8
crazy_hans
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Quote:
Originally posted by brawnless
does this cover expandable batons as well?
sir i think it won't coz of the expressed inclusion implied exclusion principle and they failed to indicate the term "any other items analogous to the foregoing.

Accordimg to my prof kasi no such thing as illegal poessession of deadly weapon only possession of dead weapon for men age 80 and above daw
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Old 09-26-2007, 21:03   #9
choi_tan2000
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dead

only criminals can cary firearms and deadly weapon

kainis
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Old 09-27-2007, 06:14   #10
charlie-xray
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Re: dead

That's WHY we legit individuals should also CARRY whatever we can.

BG and Criminals DON'T FIGHT FAIR WHY SHOULD WE.



Quote:
Originally posted by choi_tan2000
only criminals can cary firearms and deadly weapon

kainis
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Old 09-27-2007, 23:57   #11
CatsMeow
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I saw some expandable batons on sale at the hallway in Parksquare I just now, in front of Hahn.
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Old 09-28-2007, 00:12   #12
brawnless
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Quote:
Originally posted by CatsMeow
I saw some expandable batons on sale at the hallway in Parksquare I just now, in front of Hahn.
Experience from Taiwan / China made ones that sell for around 1200 does not stay open as often as one expects it to.
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Old 09-28-2007, 00:23   #13
CatsMeow
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I'll just rely on the two kamagong canes I bought in Baguio for souvenirs years ago, and which are sitting right now beside my computer at my office in Cebu within easy reach.

BTW, I'm in MM now on OB, going to do some gunshop window shopping! Just came from True Weight in QC.
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Old 09-29-2007, 23:04   #14
sparta
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carrying knives was a gray area, unless used in crimes.
mostly classified as utility tools.
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Old 09-30-2007, 13:59   #15
bikethief
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The law stated it was allowed as long as it was a "necessary implement" in earning your livelihood or in pursuit of a "lawful activity."

My knife is a necessary implement because I have to stay alive to do my job. I consider self-defense a perfectly "lawful activity." Hence, my knife stays with me. Now, if a local (city) ordinance says I can't carry my knife there then I'll have to make sure I avoid visiting or passing through their fine city which coddles criminals and renders the citizenry defenseless.

I got this quote from Gabe Suarez's website:

"When precious seconds count, most help is just minutes away!"

In other words, fend for yourself. Your protection is your own responsibility. IMHO, the right to life supercedes any and all man-made laws.
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Old 09-30-2007, 19:39   #16
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Quote:
Originally posted by brawnless
Experience from Taiwan / China made ones that sell for around 1200 does not stay open as often as one expects it to.
Those can be bought at quiapo for ony 250 pesos.. pag early patron ka bigay sa yo ng 150
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