ACT No. 2255

AN ACT PROHIBITING MANUFACTURE, POSSESSION, AND SALE OF DYNAMITE AND OTHER EXPLOSIVES WITHOUT A SPECIAL PERMIT, PROVIDING A PENALTY THEREFORE, AND FOR OTHER PURPOSES.

By authority of the United States, be it enacted by the Philippine Legislature, that:

Section 1. The manufacture, distribution, storage, use or possession of gunpowder, dynamite, explosives, blasting supplies, or ingredients thereof, except in accordance with the provisions hereof and of Act Numbered Fourteen hundred and ninety-nine,1 as amended, is hereby declared illegal: Provided, however, That nothing herein contained shall be construed to prevent the manufacture, purchase, importation or possession of dynamite, explosives or their ingredients by the Army and Navy of the United States of America: Provided, further, That the Chief of Constabulary may, upon application, under such rules and regulations as may be promulgated by him and approved by the Secretary of the Interior2 issue licenses as follows:

(a) Dealer's license, authorizing the importation, purchase, possession, sale, transfer, and general business handling gunpowder, dynamite, explosives or their ingredients.

(b) Manufacturer's license, authorizing the manufacture of gunpowder, dynamite, explosives, or their ingredients, or the manufacture and sale of fireworks for use on fiesta days, etc.

(c) Purchaser's license, authorizing the purchase and possession of dynamite, explosives or their ingredients for use in mines, quarries, road construction, wrecking and for use in any other legal and lawful occupation.

(d) Foreman's license, authorizing the purchase and possession of dynamite, explosives, or their ingredients by workmen in mines, quarries, road construction, wrecking or for use in any other legal and lawful public or private works.3

Section 2. Any person violating the provisions of the preceding section shall be punished by a fine of not less than six hundred pesos nor more than two thousand pesos, and by imprisonment for not less than three months nor more than two years, in the discretion of the court.4

Section 3. This Act shall take effect on July first, nineteen hundred and thirteen.

Enacted, February 11, 1913.

Footnote

* As amended by Act 3023.

1 Section 1 of Act 1499 provides:

Section 1. The use of dynamite or other explosive for the killing or taking of fish, or under water for any purpose except in the execution of bona fide engineering work and the destruction of wrecks or obstructions to navigation, shall be unlawful: Provided, That nothing in this Act shall be understood to interfere with or prohibit the use of mechanical bombs for the killing of whales, crocodiles, sharks, or other large dangerous fishes.

2 Now Secretary of National Defense.

3 Words in bold in the text above are amendments introduced by Act 3023, section 1, approved March 8, 1922.

Statutory History of section 1:

Original text

Section 1. The manufacture, [possession or sale, without special permit from the Director of Constabulary, or senior inspector of the province, of dynamite or other high explosives, or their components, for any use or purpose except in the execution of bona fide engineering and mining work, and as provided in section one of Act Numbered Fourteen hundred and ninety-nine, as amended, is hereby prohibited: Provided, however, That the provisions of this section shall not apply to the Army, Navy or Marine Corps of the United States, or to pharmacies, drug stores or laboratories employing such substances for medicinal or experimental purposes.] (Ed. Note: Words in brackets were deleted in Act 3023, supra.)

4 Words in bold in the text above are amendments introduced by Act 3023, section 1, approved March 8, 1922.

Statutory History of section 1:

Original text

Sec. 2. Any person violating the provisions of the preceding section shall be punished by a fine of not [more than five hundred pesos, or by imprisonment for not less than thirty days, nor more than three months, or by both such fine and imprisonment] in the discretion of the court. (Ed. Note: Words in brackets were deleted in Act 3023, supra.)


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