FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
7 JUN 30 P 4 2 :  
OF THE PHILIPPINES 
) 
First Regular Session 
1 
S E N A T E  
c 
S. No. 
Introduced by Senator Biazon 
Explanatory Note 
Section 5 of Article 2 of the 1987 Constitution provides that "The 
maintenance of peace and order, the protection of life, liberty and property, and 
the promotion of the general welfare are essential for the enjoyment by all the 
people of the blessings of democracy. 
Corollarily, the State in the exercise of its police power may enact and 
impose such reasonable measures that will prohibit all that is harmful to the 
comfort, safety and welfare of society and its subjects. 
The passage and implementation of laws such as Republic Act No 8294 
regulating the possession, manufacture, dealing in and acquisition or disposition 
of firearms, ammunition or explosives or instrument used in the manufacture of 
such is one of the means employed by the State to comply with this constitutional 
mandate. 
There has been an upsurge of crimes vitally affecting public order and 
safety due to the proliferation of illegally possessed and manufactured firearms, 
ammunitions and explosives. These criminal acts have resulted in loss of human 
lives, damage to property and destruction of valuable resources of the country. 
There are some provisions in said laws and other pieces of legislation 
which must be updated and revised in order to more effectively deter violators of 
the law thereon. 
The proposed measure will change the penalty if the selling of firearms, 
ammunition or explosives or any parts or components used in the manufacture of 
firearms, ammunition or explosives to the enemies of the state is done by any 
member of the Armed Forces of the Philippines (AFP), or the Philippine National 
Police (PNP) or any other law enforcement agency, and government officials. In 
which cases, it is proposed that the offender be made to suffer the penalty of 
reclusion perpetua. 
RODOLFO GUSIAZON 
Senator 
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FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
7 JUN 30 P 4  2 !  
OF THE PHILIPPINES 
) 
First Regular Session 
) 
S E N A T E  
S. No. 
AN ACT 
PENALIZING THE SELLING OF FIREARMS, AMMUNITION OR EXPLOSIVES 
OR ANY PARTS OR COMPONENTS USED IN THE MANUFACTURE OF 
FIREARMS, AMMUNITION OR EXPLOSIVES TO THE ENEMIES OF THE 
STATE, IMPOSING PENALTIES THEREFOR AND FOR OTHER PURPOSES. 
Be it enacted by the Senate and House of Represenfatives of fhe 
Philippines in Congress assembled: 
SECTION ONE. Declaration of Policy. - It is hereby declared the policy of 
the State to protect public security and safety by prohibiting the selling of firearms, 
ammunition or explosives or any parts or components used in the manufacture of 
firearms, ammunition or explosives to the enemies of the state. 
Sec. 2. Definition of Term. - For purposes of this Act, the term “enemy of 
the State” is defined as a person or group of individuals who have commenced 
acts of hostility with the duly constituted authorities of a particular state by 
violating the laws particularly affecting its people, territory, sovereignty and 
government. 
Sec. 3. Prohibited Acts and Penalties Therefor. - It shall be unlawful for 
any person to sell, directly or indirectly, any firearms, ammunition or explosives 
or any parts or components used in the manufacture of firearms, ammunition or 
explosives to the enemies of the state as defined in this Act. 
Any person who commits such act shall be punished by reclusion 
temporal in its minimum to reclusion perpetua in its medium period and shall pay 
a fine not exceeding three hundred pesos (P300,OOO). 
The penalty of reclusion perpetua in its maximum period shall be imposed 
if the offense is committed by any member of the Armed Forces of the 
Philippines (AFP), or the Philippine National Police (PNP) or any other law 
enforcement agency, or any government official, and shall pay a fine not 
exceeding five hundred pesos (P500,OOO). 
Sec. 4. Competent Court. - Regular courts of competent jurisdiction shall 
have exclusive and original jurisdiction over private persons charged under this 
Act. The Sandiganbayan will have exclusive and original jurisdiction over 
government and public officials charged under this Act. Finally, all military and 
police officials and personnel charged under this Act shall be subject to the 
competent court martial duly constituted for such purpose. 
Sec. 5. Suspension and Loss of Benefits. - Any government and public 
official, police or military officer or personnel against whom any criminal 
prosecution under a valid information under this Act in whatever stage of 
execution and mode of participation, is pending in court, shall be suspended from 
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office in accordance with law. Should he be convicted by final judgment, he shall 
lose all retirement or gratuity benefits under any law but, if he is acquitted, he 
shall be entitled to reinstatement and to the salaries and other benefits which he 
failed to receive during his time of suspension unless in the meantime 
administrative proceedings have been filed against him. 
Sec. 6. Repealing Clause. - All laws, rules, regulations, orders, circulars 
and memoranda inconsistent with this Act are hereby repealed or modified 
accordingly. 
Sec. 7. Effectivity. -This Act shall take effect immediately upon approval. 
Approved, 
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