Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS

Second Regular Session

HOUSE BILLNO.__ 4897

INTRODUCED BY REPRESENTATIVE XAVIER JESUS “XJ” D. ROMUALDO

EXPLANATORY NOTE

Paragraph 3 of Presidential Decree No. 9, as amended by Batas Pambansa (BP) Ble. 6 provides:

It is unlawful to carry outside of one’s residence any bladed, pointed or blunt
weapon such as "knife", "spear", "pana", "dagger", "bolo", "barong", "kris", or
"chako", except where such articles are being used as necessary tools or implements
to eam a livelihood or in pursuit of a lawful activity. Any person found guilty
thereof shall suffer the penalty of imprisonment of not less than one month nor
more than one year or a fine of not less than Two Hundred Pesos nor more than
Two Thousand Pesos, or both such imprisonment and fine as the Court may direct.

A weapon or dangerous article carried in public, even when it is concealed or not intended to be
used, constitutes a threat to public order and safety. The possession of offensive weapons or

bladed or pointed articles fosters violence, may lead to injury and even death, and facilitates the
commission of crimes. Even if these objects are possessed or carried merely for displaying
machismo or bravado or with the belief that they may be used for self-defense, experience has
shown that in moments of rashness, irritation, anger, hostility, antagonism, real or perceived
insult, drunkenness, or utterly trivial occurrences, such as the giving of a look, these objects are

brought out and wielded and violence and the commission of serious offenses would follow.

BP Big. 6 was enacted over 36 years ago. There is a need to update our law on the possession of
offensive or deadly weapons and articles to enable the State to better fulfill its obligation to
protect and keep the people safe and prevent crime.

Under this bill, the possession of offensive weapons (any object made or adapted to cause injury
or possessed with the intent to cause injury) and bladed or pointed articles (any object that has a
blade or is sharply pointed and not manufactured or made primarily to be used as a weapon or to
cause injury) in public places without a legitimate purpose or lawful authority are penalized with

imprisonment and a fine.



Increased penalties are provided for where such objects are unlawfully possessed in places where
many people tend to be present or gather, specifically schools, healthcare facilities, government
offices or facilities, ports, airports, bus stations or stops, railway stations, on board public
transportation, or at public demonstrations.

Where an unlawfully possessed offensive weapon or bladed or pointed article is used in the
commission of a crime, the offender will remain liable for the unlawful possession; in effect,
he/she will be criminally liable for both the crime committed and the unlawful possession of the
weapon or article used in the crime. Furthermore, the penalty for the unlawful possession will be
imposed in the maximum period and amount.

To ensure that people will effectively be deterred from possessing offensive weapons and bladed
or pointed articles in public, probation will not be available for those convicted under this
proposed law. Also, considering that the dangerous quality of an offensive weapon or bladed or
pointed article would undoubtedly be known or obvious to a minor above 15 years of age, such a
minor will be presumed to have acted with discernment if he/she unlawfully possesses an
offensive weapon or a bladed or pointed article.

If this bill is enacted into law, it is believed that it will significantly contribute to the prevention
and reduction of crime and the development of safer and more peaceful communities.

In view of all the foregoing, the support of the Members of Congress for the prompt and timely
passage of this measure is earnestly sought.

A=

XAVIER JESUS “XJ” D. ROMUALDO



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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
SIXTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO.__ 4897

INTRODUCED BY REPRESENTATIVE XAVIER JESUS “XJ” D. ROMUALDO.

AN ACT
PROHIBITING AND PENALIZING THE POSSESSION OF OFFENSIVE WEAPONS
AND BLADED OR POINTED ARTICLES IN PUBLIC PLACES WITHOUT A
LEGITIMATE PURPOSE OR LAWFUL AUTHORITY
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 and may be cited as the Crime

Prevention Act.

SEC. 2. Declaration of Policy. — The State recognizes that the unlawful possession of
weapons of any kind encourages violence and can lead to serious injury or death, as well as
facilitate the commission of other crimes. It is thus the policy of the State to control and restrict
the carrying and possession of offensive weapons and bladed or pointed articles in public places
for the purpose of deterring violent crime, suppressing criminality, and promoting public order

and safety.

SEC. 3. Definition of Terms. — As used in this Act, the following terms are hereby defined as

follows:

(a) Offensive weapon ~ refers to any object made or adapted to cause injury or possessed with
the intent to cause injury to any person, except firearms and explosive or incendiary devices

‘or weapons.



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(b) Bladed or pointed article — refers to any object that has a blade or is sharply pointed and not
manufactured or made primarily to be used as a weapon or to cause injury; provided, that a
multi-tool with a knife blade not exceeding three inches shall not be considered a bladed or

pointed article.

(©) Public place ~ refers to any area, space, thoroughfare, or any other premises or place of any

description to which people or the public or any

ion of the public have or are permitted to
have access, whether on payment or otherwise and whether or not the right of admission

‘thereto is reserved.

(4) School ~ refers to any public or private early childhood, elementary, secondary, technical and
vocational, or higher education institution, including learning centers or other places where

alternative learning system sessions are conducted,

(©) Healthcare facility ~ refers to any public or private institution providing medical or surgical
treatment or nursing care, such as hospitals, clinics, nursing homes, rural health units, and

barangay health stations.

(f) Government office or facility — includes national and local government offices, buildings,
and facilities, including gymnasiums, sports and recreational facilities, public cemeteries,
jails, youth care facilities, and youth rehabilitation centers; offices and branches of

government-owned and controlled corporations and government corporate entities; official

residences of the Pr

ident, Vice-President, and local chief executives; prison and
correctional facilities; halls of justice and court buildings; and camps, bases, stations,
installations, and facilities of the Armed Forces of the Philippines and the Philippine National

Police.

(g) Public transportation — refers to any mode of public passenger transportation, such as buses,
jeepneys, taxicabs, motorcycle taxis or motorcycles-for-hire, auto-rickshaws, tricycles,

pedicabs, trains, rapid transit systems, ferries, water taxis, and airliners.



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(h) Public demonstration ~ refers to any assembly, gathering, procession, or concerted action of
persons, where the same is in pursuit of demonstrating or expressing an opinion, view, or
position on any matter, thing, or person, whether or not the gathering is spontaneous or is
confined to persons who are members of a particular organization, association, or other group

or to persons who have been invited to attend.

(j) Legitimate purpose ~ refers to the possession of an offensive weapon or a bladed or pointed
article for use at work or to earn a living, for educational purposes, for religious purposes, for

use in sports competitions or training, or in pursuit of any other lawful activity or act.

G) Lawful authority ~ refers to the possession of an offensive weapon or a bladed or pointed

article in the fulfillment of a duty or the lawful exercise of an office.

. 4, Unlawful Possession of Offensive Weapons. ~

(a) Any person who, without a legitimate purpose or lawful authority, shall possess an offensive
weapon in any public place shall be liable to a penalty of imprisonment ranging from three

months to one year and a fine ranging from ten thousand pesos to twenty thousand pesos.

(b) Any person who, without a legitimate purpose or lawful authority, shall possess an offensive
weapon within the premises of a school, healthcare facility, government office or facility,
port, airport, bus station or stop, railway station, on board public transportation, or at a public
demonstration shall be liable to a penalty of imprisonment ranging from one year to two

years and a fine ranging from twenty thousand pesos to thirty thousand pesos.

(c) The penalties provided in this Section shall be imposed in their maximum periods and
amounts where the unlawfully possessed offensive weapon was used by the offender in the

commission of another offense or felony.



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SEC. 5. Unlawful Possession of Bladed or Pointed Articles. —

(a) Any person who, without a legitimate purpose or lawful authority, shall possess a bladed or
pointed article in any public place shall be liable to a penalty of imprisonment ranging from
one month to six months and a fine ranging from three thousand pesos to ten thousand pesos

shall be imposed upon.

(b) Any person who, without a legitimate purpose or lawful authority, shall possess a bladed or
pointed article within the premises of a school, healthcare facility, government office or
facility, port, airport, bus station or stop, railway station, on board public transportation, or at
a public demonstration shall be liable to a penalty of imprisonment ranging from six months

to one year and a fine ranging from ten thousand pesos to twenty thousand pesos.

(©) The penalties provided in this Section shall be imposed in their maximum periods and
amounts where the unlawfully possessed bladed or pointed article was used by the offender

in the commission of another offense or felony.

SEC. 6. Presumption of Discernment for Minor Offenders. — A minor above 15 years but
below 18 years of age who shall unlawfully posses an offensive weapon or a bladed or pointed

article shall be presumed to have acted with discernment.

SEC. 7. Non-Availability of Probation. — Any person convicted of unlawful possession of an
offensive weapon or a bladed or pointed article under this Act shall be disqualified from availing

of probation.

SEC. 8. Separability Clause. — If any provision of this Act is declared invalid or

unconstitutional, the other provisions not affected thereby shall remain in full force and effect,

SEC. 9. Repealing Clause. — Paragraph 3 of Presidential Decree No. 9, as amended by Batas

Pambansa Blg. 6, is hereby repealed. All laws, decrees, executive orders and issuances, rules and



1 regulations, and other issuances or parts thereof that are inconsistent with the provisions of this

2 Actare hereby repealed or modified accordingly.

4 SEC. 10. Effectivity. - This Act shall take effect 15 days after its publication in at least two

5 newspapers of general circulation.

7 Approved,