REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No,__ 8460

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO.

EXPLANATORY NOTE

In the United States and some other countries, home invasion is the illegal and usually
forceful entry to an occupied, private dwelling with intent to commit a violent crime against the
Occupants, such as robbery, assault, rape, murder, or kidnapping.

Home invasion occurs when intruders force their way into an occupied residence with the
intent of using force or the threat of it against the occupants, which may proceed with the
commission of a criminal act. It is different from burglary in that its perpetrators have a violent
intent apart from the unlawful entry itself, specific or general, much the same way as aggravated
robbery—personally taking from someone by force—is differentiated from mere larceny. Home
invaders specifically target the residents more than the actual domicile and relies on the deliberate
use of force during confrontation to achieve their sinister objectives.

'n view of the foregoing, approval of this measure is eamestly sought.

fp. Gary C/Alejano



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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No,_ 8460

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO.

AN ACT
DEFINING THE CRIME OF HOME INVASION IMPOSING STATUTORY PENALTIES
FOR THE COMMISSION THEREOF AND DELINEATING THE JUSTIFIABLE USE OF
FORCE AS A DETERRENCE TO THE SAME, AMENDING FOR THIS PURPOSE THE
PERTINENT PROVISIONS OF THE REVISED PENAL CODE OF THE PHILIPPINES

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

assembled,

ARTICLE I
TITLE, POLICY, PRINCIPLES, AND DEFINITION OF TERMS

SECTION 1. Short Title—This Act shall be known as the “Home Invasion Protection
Act of 2018.”

SEC. 2. Declaration of Policy.—The State upholds the principle that the inviolabilty of the
home as one of the most fundamental of all individual human rights, and that no one can enter the
home as one of the most fundamental of all individual human rights, and that no one can enter the
home of another without the consent of its owners or occupants. The privacy of the home is
regarded by the State as one of the most sacred personal rights to which a citizen is entitled, and the
State guarantees the right of the citizen of absolute protection to the privacy of his home.

While it is the acknowledged duty and responsibility of the Philippine National Police and
other law enforcement agencies to protect and promote public order and safety, the State
acknowledges that it is under no obligation to provide individual safety to each and every citizen,
and it therefore becomes the primary obligation and responsibility of each individual to protect and
uphold the sanctity of their homes and the safety of their own person and that oftheir family


‘The State further recognizes the right ofthe individual citizen to protect the privacy of his
hhome, his person, his family, and his property from harm as an essential aspect of his inalienable
human right, including the wherewithal and the ability to do so with whatever essential means
Possible and when circumstances so warrant. To ensure that life and property of each and every
Citizen is protected, it becomes the fundamental duty of the State to guarantee full respect not only
for the human rights ofits citizens, but just as importantly, their ability to protect and serve such
rights.

Itis thereby declared to be a national policy not only to uphold the right of its citizens to
own and possess firearms for the protection of their human rights, the conveyance of the same when
the need arises or the environment so require but likewise its lawful use when circumstances so
warrant.

SEC. 3, Definition of Terms.—For purposes of this Act, the following terms shall mean and
be interpreted as hereunder defined:

Firearm as in herein used, includes rifles, shotguns, revolvers, pistols, or any device
‘0 be used as a weapon from which a projectile is expelled by the force of any explosion or
other forms o combustion

Residence or dwelling place refers to a home, apartment, condominium unit, hotel
room or ship’s cabin used by its legal owners or authorized occupants as a place of
residence either permanently or for a contracted Period of time;

Resident or homeowner refers to the legal occupant, the members of said legal
Occupant’s household including household helpers domiciled in said residence, as well as
Suests staying in the residence or dwelling place upon the invitation or with the express
Permission of the homeowner or the members of the homeowner's family

Justified, legally justified, lawfully justified, or justifying circumstances when
the act of the person is said to be in accordance with law, so that such person is deemed not
to have transgressed the law and is free from both criminal and civil liability


ewraunewene

Unauthorized entry is the illegal ingress or trespass of a person or persons, forcible
or otherwise, armed or unarmed into the residence of another without the express permission
of the legal resident thereof.

ARTICLE I
DEFINING AND PENALIZING THE CRIME OF HOME INVASION

SEC. 4. Defining the Crime of Home Invasion —Any person who enters the residence or
dwelling place of another without the express permission or authority from the legal resident
thereof, with the full knowledge or reason to believe that one or more persons are present in the said
residence or dwelling place; or enters the residence or dwelling place of another in the absence of
any person in the said residence or dwelling place, without the express permission of or authority
from the legal resident thereof are present; and:

a. uses force or threatens the use of force upon any person or persons within such residence
or dwelling, regardless of whether or not actual injury occurs, or
b. causes any injury by any means to any person or persons within such residence or

dwelling place.

SEC. 5. Imposition of Statutory Penalties. —The penalty of prision mayor shall be imposed
upon any person or persons who is found guilty of the crime of home invasion. The maximum
penalty of reclusion temporal shall be imposed upon any person or persons who committed the
crime of home invasion armed with a deadly weapon, regardless of whether or not said weapon was
brought into the residence or dwelling place.

Should on the occasion of the commission of the crime of home invasion, either death or
rape result to the resident or any person or persons domiciled in such residence or dwelling place,
the penalty of reclusion perpetua shall be imposed on the perpetrators of the crime of home
invasion, Should on the occasion of the commission of the crime of home invasion, serious physical
injuries result to the resident or any person or persons domiciled in such residence or dwelling
place, the penalty of reclusion temporal shall be imposed on the perpetrators of the crime of home

invasion.


ARTICLE II
JUSTIFIABLE USE OF FORCE AS A DETERRENT TO HOME INVASION

SEC. 6. Discharge of Firearms Within the Residence —The wilful discharge of a firearm
duly licensed and legally registered firearm by the homeowner or by any member of the household
who is a legal resident thereof and while within the premises of their residence shall be considered
as legally justified; Provided, That such discharge of firearm was undertaken in order to deter the
commission of crime or to raise alarm or warning against possible danger.

SEC. 7. Presumption of Unlawful Intent.—The unauthorized entry of any person or
persons inside the property limits of the legal residence of another, ie., inside the perimeter walls or
boundary lines of the residence, but outside of the main edifice, shall be legally construed as having
unlawful intent. The legal owner or authorized user of a firearm or any member of the household
who is a legal resident thereof shall be lawfully justified when confronting said intruder or intruders
with either a drawn firearm or a firearm aimed against intruders

SEC. 8. Presumption of Unlawful Aggression. —The unauthorized entry of any person or
persons inside the main edifice of the legal residence of another shall be legally construed to
constitute unlawful aggression. The use of firearms by the legal owner or authorized user thereof or
by any member of the household who is a legal resident thereof against such transgressions shall be
lawfully construed to constitute reasonable necessity to prevent or repel said unlawful aggression.

SEC. 9. Use of Firearms in the Protection and Preservation of the Residence.—The use of
firearms by the legal owner or authorized user thereof or by any member of the household who is a
legal resident thereof shall be considered as lawfully justified when undertaken to repel any attack
against said residence, prevent further damage to, destruction or usurpation of the same or of any
property or possession that are kept within the premises of said residence. Provided, That there is
no sufficient provocation on the part of the resident or the homeowner and that such attacks or
actions that will lead to the damage, destruction, or usurpation of the property or possession kept
within the residence have already been initiated against the same.

SEC. 10. Use of Firearms Outside Residence.—While in the act of defending one’s person,
family or property against the crime of home invasion or in the act of repelling the same, the legal
owner or authorized user of firearms shall be considered as lawfully justified in using said firearms
outside the premises of his residence. The pursuit of a person or persons who committed the crime


of home invasion immediately after or within a reasonable time after the commission of the crime
by the resident with a legally owned firearm outside the premises of his residence shall be construed
as an act integral to the defense of one’s person, family, or property.

ARTICLE IV
MISCELLANEOUS PROVISIONS

SEC. 11. Repealing Clause.—All laws, decrees, executive orders or parts thereof
inconsistent with the provisions of this Act is hereby repealed or modified accordingly.

SEC. 12. Separability Clause—If any part or provision of this Act is declared invalid or
unconstitutional, the other parts not otherwise affected shall remain in full effect and force.

SEC. 13. Effectivity—This Act shall take effect fifteen (15) days after its publication in the
Official Gazette and in at least two newspapers of general circulation.

Approved,