• 
SIXTEENTH CON~RESS OF THE 
REPUBLIC OF THE PHILIPPINES 
FIRST REGULAR SESSION 
'13 
JUL -1 F 4 :';5 
SENATE 
SENATj BILL NO. 
218 
INTRODUCED BY SENATOR JOSEPH VICTOR G. EJERCITO 
EXPLANATORY NOTE 
Under the inherent police power of the State, it has the authority to 
define and punish crimes and to lay down the rules of criminal procedure. 
States, as part of their police power, have a large measure of discretion in 
creating and defining criminal offenses. 
Statistics would show that over the years, there has been an increase in 
victims of "Akyat Bayat", "Budol-budol", "Laglag Barya", "Ipit Taxi" and "Dugo-
dugo" and other crimes committed wherein its malefactors act in an organized 
and concerted manner to ensure successful consummation of their intended 
act. While apparently being isolated crimes, the truth thereof is that the same 
is being consummated by organized crime groups, albeit some are merely small , 
scale organizations. 
In 2006, Republic Act 9344, otherwise known as the "Juvenile Justice 
and Welfare Act of 2006", took effect. While the same is a good statute aimed at 
the reformation and protection of children at risk, or children in conflict with 
the law and obviously inspired by the positivist theories of criminal law, 
organized criminal groups have taken advantage of the law by employing 
misguided minors in executing their unlawful designs. 
It is thus intended that through the passage of this Bill, it will effectively 
define and punish acts connected with the operation, recruitment of members, 
of street gangs which has been difficult to prosecute in the past by reason of 
the absence of punitive law declaring the same unlawful, thereby protecting the 
innocent public under the principle of Salus Populi Est Suprema Lex. The 
welfare of the people is the supreme law. 
In view of the foregoing, the passage of this measure is earnestly sought. 


SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
FIRST REGULAR SESSION 
SENATE 
SENATE BILL NO. 
218 
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INTRODUCED BY SENATOR JOSEPH VICTOR G. EJERCITO 
AN ACT DETERRING AND PUNISHING THE ESTABLISHMENT AND 
OPERAT,ON OF CRIMINAL STREET GANGS, RECRUITMENT OF 
INDIVIDUALS TO PARTICIPATE IN THE COMMISSION OF GANG CRIMES 
AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
SECTION; 1. Short Title - This Act shall be known as the "Criminal 
Str~et Gang De"terrence and Punishment Act of 2013". 
SECTION 2. Definition of Terms - As used in this Act, the following 
terms shall mean as follows: 
(a) " Criminal Street Gang" - formal or informal group, club, organization or 
association 
(b) "Predicate Gang Crime" - any threat or act, or attempted act or threat, 
which is punishable under the Revised Penal Code and other special 
laws and punishable by imprisonment of more than one (1) year, 
involving murder; attempted murder; gambling; kidnapping; robbery; 
extortion; arson; obstruction of justice; tampering with or retaliating 
against a witness, victim or informant; butglary; sexual assault; 
carjacking; manufacturing, importing, distributing and possessing 
with intent to distribute, or otherwise dealing in controlled 
su bstance( s) or chemicals; or other similar offenses. 
SECTION 3. Prohibited Acts and Penalties -
(a) Recruitment of a Person into a Criminal Street Gang. - It shall be 
unlawful for any person to use any facility or cause another to do so 
in order to recruit, solicit, induce, employ, command or cause another 
individual to gain entrance to, remain a member of or increase his 
position in a criminal street gang or conspire to do so with the intent 
that the said individual shall participate in any offense described in 
Section 2(b) of this Act. 
( 
Any person who violates the above provision shall suffer the penalty of 
imprisonment of not more than ten (10) years: Provided, That if the 
individual recruited, solicited, induced, employed, commanded or 


caused gain entrance to, or to remain a member of, or increase his 
position in a criminal street gang is a minor, the offender shall be 
imprisoned for not less than five (S) years nor more than ten (10) 
years and fined at the discretion of the court. In addition, the offender 
shall be held liable for any costs incurred by the government for 
maintaining and rehabilitating the individual until he/she attain the 
age of eighteen (18) years. 
(bl Inducement to Participate in Street Gang Crime - It shall be unlawful 
to employ, use, command, coerce, counsel, persuade, induce or entice 
any individual to commit, cause to commit or facilitate the 
commission of a predicate gang crime in furtherance of or in aid of the 
activities of a criminal street gang. 
Any person who violates the above provision shall suffer the penalty of 
imprisonment of not more than fifteen (IS) years: Provided, That if the 
individual induced to participate in a street gang crime is a minor, the 
offender shall be imprisoned for not less than ten (10) years or more 
than (15) years and fine at the discretion of the court. In addition, the 
offender shall be held liable for any cost incurred by the government 
for maintaining and rehabilitating the individual until he attains the 
age of (18) years. 
(cl 
Participation in Street Gang Crimes -
Any person who shall 
commit, conspire or attempt to commit two (2) or more predicate gang 
crimes in furtherance of or in aid of the activities of a criminal street 
gang shall be imprisoned for not more than twenty (20) years: 
Provided, That a person who at the time of the offense occupied a 
position of management or supervision in the criminal street gang 
involved in such violation shall be imprisoned for not less than thirty 
(30) years. 
SECTION 4. Violent Crime in Furtherance or in Aid of a Criminal 
Street Gang -
Any person who, in furtherance of, or in aid of, a criminal street gang, 
commits a crime of violence against any individual, or conspires or attempts to 
do so, shall be punished in addition and consecutive to the punishment 
provided for any other violation of this Act, as follows: 
(a) For Murder: by life imprisonment; 
(bl For Kidnapping for ransom: by life imprisonment; 
(c) 
For Sexual Assault: by imprisonment of ten (10) years; 
(d) For Maiming: by imprisonment for five (S) years; 
(e) For Assault with a dangerous weapon or assault resulting in serious 
bodily injury: by imprisonment for (S) years; 


, 
, . 
(I) 
For Attempting or conspiring to commit a crime involving assault wit1\. 
a dangerous weapon or assault resulting in serious bodily injury: by 
imprisonment for five (5) years. 
SECTION 5. Forfeiture of Assets - A person who violates any provision 
of this Act shall, in addition to the penalties provided for the violation, suffer 
forfeiture of assets corresponding to the following: 
(a) Any property constituting or derived from any proceeds the person 
obtained, directly or indirectly, as a result of the violation; and 
(b) Any property, used or intended to be used, in any manner or part, to 
commit or to facilitate the commission of violation. 
SECTION 6. Implementing Rules and Regulations - The Department of 
Justice and the Department of the Interior and Local Government shall jointly 
issue the implementing rules and regulations necessary for the effective 
implementation of this Act. 
SECTION 7. Separability Clause - If any provision or part hereof is held 
invalid or unconstitutional, the remainder of the law or the provisions not 
otherwise affected shall remain valid and SUbsisting. 
SECTION 8. Repealing 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 9. Effectivity Clause - This Act shall take effect fifteen (15) 
days after its publication in at least two (2) newspapers of general circulation. 
Approved,