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Republic of the Philippines
Bouse of Representatives
Queson City, Metro Manila

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Seventeenth Congress

First Regular Session

House Bilt No. 1347

Introduced by HON. ROMEO M. ACOP

EXPLANATORY NOTE

Incessant and viral news that security personnel at the Ninay Aquino
International Airport have been ‘planting’ bullets (/aglag-bala) in the luggage
of travellers in order to extort many from them have significantly damaged
the country’s reputation with the international community. Reported victims
include not only unsuspecting foreign tourists but also Filipino overseas
contract workers whose employment abroad have been jeopardized by the
incidents. The victims allege they were made to choose by arresting officers
if they want to be apprehended or just hand over bribe money.

On the other hand, several apprehensions were also made on
passengers who admitted having possessed the unlicensed ammunition but
merely intended the same as amulets or as souvenirs or for other cultural,
non-security or crime-related purposes.

Section 28 of Republic Act No. 10591, also known as the
‘Comprehensive Firearms and Ammunition Regulation Act’, prohibits
the unlawful acquisition or possession of ammunition and penalizes the
offense with a minimum prison term of six (6) to twelve (12) years. The
law, being a mala prohibitum, declares unlawful the mere possession of an
ammunition without the prerequisite license or permit regardless of the
volume of ammunition found and of the possessor’s intent on the use of the
same.



The scam had resulted to the loss of confidence from the general
public and apprehension on the implementation of the existing law on
firearms and ammunition in what appears to be a ‘legal loophole’ exploited
by corrupt and inept airport security officials and personnel.

While the government must remain on guard and prevent the
unauthorized carrying of bullets as it bears on the issue of security and
safety of the (airline) passengers and the general public amidst the threat of
terrorism, it must also ensure that the implementation of security measures
and pertinent laws are not abused by unscrupulous government employees
and officials to the detriment of innocent civilians.

The law must also provide for a mechanism that would allow
possessors of unlicensed ammunition the opportunity to present and
buttressed their predicament of albeit unwisely possessing the contraband
for ‘cultural’ or non-security-related purposes and be relieved from criminal
prosecution under certain conditions. |

This bill seeks to amend Section 28 of Republic Act No. 10591 by
providing for the mechanism and conditions for the determination of the
propriety of filing criminal complaint against alleged possessor of unlicensed
ammunition, for small arms in particular.

Under the proposed measure, two situations are contemplated : (1)
when the alleged possessor of the unlicensed ammunition denies his
possession of the contraband; (2) when the alleged possessor admits
possession of the unlicensed ammunition but claims a non-security or crime-
related purpose or intention for the contraband. In both instances, the
apprehending officer is mandated to conduct an investigation of the incident
by considering the personal circumstances of the alleged possessor as well
as other relevant circumstances surrounding the incident to assess whether
or not :

1) The circumstances appreciated reasonably negate any probability that
the alleged possessor is in fact in possession of the unlicensed
ammunition; or,


2) The circumstances reasonably negate the suspicion that the unlicensed
ammunition admittedly possessed is intended to be used for unlawful or
illegal purposes.

On the basis of such assessment, the apprehending officer determines
the propriety of filing a criminal complaint against the alleged possessor for
violation of RA 10591.

Personal circumstances of the alleged possessor of the unlicensed
ammunition may include his education, reputation, age, physical condition,
or any other pertinent circumstance that may bear upon the denial of
possession, or intent of the possessor with respect to the use of unlicensed
ammunition admittedly possessed. Surrounding circumstances of the
incident may include the volume of the unlicensed ammunition allegedly or
admittedly possessed and the manner or. means of alleged possession of the
same.

Through this mechanism and conditions, would-be victims of the scam
or those who admit possession of unlicensed ammunition sans any illegal
purpose are spared from the trouble of immediate arrest and from, torment
of undergoing inquest proceedings and facing criminal charges without
sufficient opportunity to defend themselves at the point of apprehension. It
will also relieve concerned security personnel from their duty of immediately
effecting the arrest of persons whose criminal liability under existing law
reasonably appears to be in doubt.

The bill also mandates the apprehending officer to conduct the
investigation in a manner that would cause the least inconvenience to the
person and rights of the alleged possessor of unlicensed ammunition.

It should be noted that the proposed amendment applies in particular
only to alleged possession of unlicensed ammunition for small arms and does
not include ammunition intended for Class A & B of light weapons. The
reason being that under Section 10 of RA 10591, only small arms may be
registered by licensed citizens or licensed juridical entities for ownership and
possession, and light weapons shall be lawfully acquired or possessed
exclusively by the AFP, the PNP and other law enforcement agencies
authorized by the President in the performance of their duties. Only in cases



where ammunition for light weapons were allegedly possessed but denied on
grounds that the same have been ‘planted’ that the mechanism may apply.

Finally, while RA 10591 is a special law (mala prohibitum), there is no
constitutional infirmity nor any legal impediment for Congress to enact an
amendment to the same requiring the appreciation of intent in the
determination of whether criminal liability shall attach in the commission of
any act proscribed by the law. Such amendment is within the plenary power
of Congress to enact or modify existing laws.

For the foregoing reasons, the immediate consideration and approval
of this bill is earnestly urged.



PR
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Republic of the Philippines
House of Representatives
Queson City, Metro Manila

Seventeenth Congress

First Regular Session

1347

House Bill No.

Introduced by HON. ROMEO M. ACOP

AN ACT
PROVIDING FOR THE MECHANISM FOR THE DETERMINATION OF THE
PROPRIETY OF FILING CRIMINAL COMPLAINT AGAINST ALLEGED
POSSESSORS OF UNLICENSED AMMUNITION UNDER CERTAIN CONDITIONS,
AMENDING FOR THE PURPOSE REPUBLIC ACT NO 10591, OTHERWISE KNOWN
AS ’AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON FIREARMS AND.
AMMUNITION AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF’

Be it enacted by the Senate and the House of Representatives of the Republic of the
Philippines in Congress assembled :

SECTION 1. Section 28, paragraph (g) of Republic Act No. 10591, otherwise known
as _'An Act Providing For A Comprehensive Law On Firearms And Ammunition And
Providing Penalties For Violations Thereof, is hereby amended to read as follows :

Section 28. Unlawful Acquisition, or Possession of Firearms and Ammunition. - The
unlawful acquisition, possession of firearms and ammunition shall be penalized as
follows:

20K

(g) The penalty of prision mayor in its minimum period shall be imposed upon any
person who shall unlawfully acquire or possess ammunition for a small arm f-or
=]_; PROVIDED, THAT WHEN THE PERSONAL

CIRCUMSTANCES OF THE PERSON ALLEGED TO POSSESS THE



UNLICENSED AMMUNITION, SUCH AS BUT NOT LIMITED TO, HIS
EDUCATION, REPUTATION, AGE, PHYSICAL CONDITION, OR ANY OTHER
PERTINENT CIRCUMSTANCE THAT WOULD REASONABLY NEGATE ANY
PROBABILITY THAT THE AMMUNITION IS IN FACT POSSESSED BY HIM,
OR ANY SUSPICION THAT THE AMMUNITION IS INTENDED TO BE USED
BY THE POSSESSOR FOR ANY UNLAWFUL OR ILLEGAL PURPOSE IN
CASE POSSESSION IS ADMITTED, AND THAT THERE IS NO OTHER
CIRCUMSTANCE, SUCH AS BUT NOT LIMITED TO, THE UNJUSTIFIED
VOLUME OF AMMUNITION ALLEGEDLY POSSESSED AND/OR THE
MANNER OR MEANS OF POSSESSION, THAT WOULD OTHERWISE
INDICATE THE PRESENCE OF UNLAWFUL INTENT TO USE THE SAME FOR
ILLEGAL PURPOSES, THE APPREHENDING OFFICER SHALL FIRST
CONDUCT A BRIEF INVESTIGATION OF THE INCIDENT TO DETERMINE
WHETHER OR NOT A CRIMINAL COMPLAINT SHOULD BE PROPERLY
FILED AGAINST THE ALLEGED POSSESSOR; PROVIDED FURTHER, THAT
SUCH INVESTIGATION SHALL CAUSE THE ALLEGED POSSESSOR THE
LEAST INCONVENIENCE TO HIS PERSON AND PERSONAL RIGHTS; AND,
PROVIDED FINALLY, THAT THE AMMUNITION SHALL STILL BE SUBJECT
TO CONFISCATION. If the violation of this paragraph is committed by the
same person charged with the unlawful acquisition or possession of a small arm,
the former violation shall be absorbed by the latter;

THE PROVISION OF THIS PARAGRAPH SHALL ALSO APPLY TO
AMMUNITION FOR LIGHT WEAPONS ALLEGEDLY POSSESSED IF THE
POSSESSION IS DENIED BY THE ALLEGED POSSESSOR AND THE DENIAL
IS SUSTAINED BY THE APPREHENDING OFFICER AS PROVIDED FOR
HEREOF.

XXX

SECTION 2. Implementing Rules and Regulations - Within one hundred twenty
(120) days from the effectivity of this Act, the Chief of the PNP, after public hearings and
consultation with concemed agencies of the goverment and sectors of society shall
formulate the necessary rules and regulations for the effective implementation of this
‘Act to be published in at least two (2) national newspapers of general circulation

SECTION 3. Repealing Clause - All laws, decrees, orders, rules and regulations,
or parts thereof, inconsistent with the provisions of this Act are hereby repealed,
amended or modified accordingly

SECTION 4. Effectivity Clause - This Act shall take effect after fifteen (15) days

following its complete publication in the Official Gazette or in at least two (2)
newspapers of general

Approved.