THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
1 
FIRST REGULAR SESSION 
1 
S E N A T E  
S.B. NO. 
Introduced by Senator LUISA "L0Iw P. EJERCITO ESTRAI)A 
EXPLANATORY NOTE 
Presidential Decree No. 1866, as amended, entitled "CodiTying The 
Laws on Illegal/Unlawful Possession, Manufacture, Dealing In, 
Acquisition or Disposition of Firearms, Ammunition or Explosives, And 
Imposing Stiffer Penalties for Certain Violations hereof and for Relevant 
Purposes" does not contain a provision providing for stiffer penalties if 
the perpetrators are government officials and employees and officers and 
members of police agencies and the armed forces and does not penalize 
the act of "planting" evidence to implicate an innocent person. 
Under Article 363 of the Revised Penal Code, the penalty €or 
incriminating innocent persons is punishable by aresto mayor or one (1) 
month and one (I) day to six (61 months ifnprisonment only. 
But 
"planting squads" have become rampant among law enforcers thus the 
need to penalize those who plant incriminating evidence becomes 
imperative. 
Media accounts of false accusations and wrongful 
convictions on accoullt of "planted" evidence ase replete. The agony of a 
jail sentence and payment of a fine due to wrongful conviction, especially 
of the poor who do not have the means to defend themselves, is beyond 
measure. 
The abuse by law enforcers of a law which punishes mere illegal 
possession by the mere expedient of "planting" evidence to establish 
guilt, was noted by the Supreme Court in the case of PeopZe us. Furisima 
(86 SCRA 542, 549-50; 1978). In the recent case of PeopZe vs. Alcantara, 
240 SCRA 122, 138 (19951, the Supreme Court stated that in fie haste of 
law enforcers to solve crimes, people accused of serious offenses are 
stripped of their constitutional rights. 


This bill provides for the maximum penalties for the acts 
punishable by PD 1866 concerning illegal firearms, ammunition or 
explosives and the instruments in the manufacture of the same when the 
acts punishable by said law are committed by government officials and 
employees and officers and members of police agencies and the armed 
forces and penalizes the act of “planting“ incriminating evidence. 
Thus, the immediate approval of this bill is earnestly sought. 


THIRTEENTH CONGRESS OF THE REPUBLIC 
1 
OF THE PHILIPPINES 
1 
FIRST REGULAR SESSION 
1 
S E N A T E  
S.B. NO. 
~~ 
Introduced by Senator LUISA “LOI” P. WERCITQ ESTRADA 
AN ACT 
IMPOSING STIFFER PENALTIES FOR GOVERNMENT OFFICIALS AND 
EMPLOYEES AND OFFICERS AND MEMBERS OF POLICE AGENCIES 
AND THE ARMED FORCES AND PENALIZING “PLANTING” OF 
DECREE NO. 1866, AS AMENDED, ENTITLED “CODIFYIRG THE 
LAWS 
ON 
ILLEGALlUNLAWFUL 
POSSESSION, 
MANUFACTLTRE, 
DEALING IN, ACQUISITION OR DISPOSITION 
OF FIREARMS, 
AMMUNITION OR EXPLOSIVES OR INSTRUMENTS USED IN THE 
MANUFACTURE OF FIREARMS, AMMIJETITION OR EXPLOSIVES AND 
IMPOSING 
STIFFER 
PENALTIES FOR CERTAIN 
VIOLATIONS 
THEREOFANDFORRELEVANTPURPOSES* 
EVIDENCE, INCORPORATING SECTION 7-A INTO PRESIDENTIAL 
Be it enacted by the Senate and the House of Representatives of the 
Philippines in Congress assembled: 
Section 1. A new Section 
7-A is hereby incorporated in 
Presidential Decree 1866 to read as follows: 
“Section 7-A. Penalties for Government Official and 
loyees and Officers and Members of Police Agencies 
and the Armed Forces; “Planting“‘ of Evidence. 
The 
maximum penalties provided for in Sections 1, 3, 5, 6 and 7 
shall be imposed, if those found guilty of any of the said 
offenses are government officials, employees or officers 
including members of police agencies and the armed forces. 


Any government official, employee or officer, including 
member of police agencies and the armed forces who is 
found guilty of “planting” any firearm, ammunition or 
explosive or instrument used in their manufacture punished 
in Sections 1, 3, 5, 6 and 7 of this Decree in the person or in 
the immediate vicinity of another as evidence to implicate the 
latter, shall suffer the maximum 
penalty as therein 
provided”. 
Section 2. Separability Clanse. - If any provision, or part 
hereof, is held invalid or unconstitutional, the remainder of the law 
or the provision not otherwise affected shall remain valid and 
subsisting. 
Section 3. Repedng Clause. - Any law, presidential decree or 
issuance, executive order, letter of instruction, administrative order, rule 
or regulation contrary to or inconsistent with, the provisions of this Act is 
hereby repealed, modified or amended accordingly. 
Section 4. Effect 
Clause. - This Act shall take effect fifteen 
(15) days after its publication in at least two (2) newspapers of general 
circulation. 
Approved, 
GVL/&d/GVLPlanting of evidence