ENTATIVES
RECEIVED
Date: 1

TE: 4 IU 2015

TiN 3:22

Seventeenth Congress
First Regular Session

House Bill No.__ 1607

REGISTRATION UNIT.
BILL S-AND-IROEXSERVIOE

Introduced by Honorable Mercedes C. Cagas

EXPLANATORY NOTE

‘Under Republic Act No. 10591, otherwise known as the “Comprehensive
Firearms and Ammunition Regulation Act,”the mete acquisition or possession of
even a single ammunition is punishable by prision mayor or imprisonment of six
(6) to twelve (12) years.

The harsh penalty provided by the law has been taken advantage of by some
law enforcement officerswho use the law as a means to extort money in a scheme
dubbed as “tanimbala” or “laglagbala.” These extortion activities angered the
public and camed international condemnation. President Rodrigo Dutertehimself,
alarmed by incidents of “tanimbala” scheme,warned that he will make corrupt law
enforcement officers swallow the bulletsthey plant or drop inside the baggage of
innocent passengers.

This bill seeks to address the “tanimbala" or “laglagbala”’scheme by
providing that a passenger found to be in possession of single ammunition inside
an airport or seaport is presumed to be a victim of planting evidence, and as such,
shall not be made liable under Section 28 of RA No. 10591. The ammunition shall
however be subject to automatic confiscation. Thus, passengers will no longer be
stopped or interrogated and will be allowed to board the plane or ship despite the
confiscation of ammunition in their possession by the airport or seaport personnel.
The law still applies to persons who are found to be in possession oftwo or more
ammunition, regardless of itsplace of commission.

In view of the foregoing, passage of this bill is urgently sought.

Chea
MERCEDES C. heas



Seventeenth Congress
First Regular Session

House Bill No. 1607

Introduced by Honorable Mercedes C. Cagas

AN ACT
EXEMPTING THE POSSESSION OF SINGLE AMMUNITION FROM
THE COVERAGE OF UNLAWFUL ACQUISITION OR POSSESSION
OF AMMUNITION,AMENDING FOR THE PURPOSE REPUBLIC ACT
NO. 10591, OTHERWISE KNOWN ASTHE“COMPREHENSIVE
FIREARMS AND AMMUNITION REGULATION ACT”

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

SECTION 1. Section 38 of Republic Act No. 10591 is hereby
amended to read as follows:

“Sec.38. Liability for Planting Evidence. — The penalty of
prision mayor in its maximum period shall be imposed upon any
person who shall willfully and maliciously insert, place, and/or
attach, directly or indirectly, through any overt or covert act, any
firearm, or ammunition, or parts thereof in the person, house,
effects, or in the immediate vicinity of an innocent individual for
the purpose of implicating or incriminating the person, or imputing
the commission of any violations of the provision of this Act to
said individual. IF THE INDIVIDUAL FOUND TO BE IN
POSSESSION OF SINGLE AMMUNITION IS A
PASSENGER INSIDE AN AIRPORT OR SEAPORT, THE
SAID PASSENGER SHALL BE PRESUMED TO BE A
VICTIM OF PLANTING EVIDENCE AND SHALL NOT BE
MADE LIABLE UNDER SECTION 28 OF THIS ACT. THE
AMMUNITION SHALL HOWEVER BE SUBJECT TO
AUTOMATIC CONFISCATION. If the person found guilty
under this paragraph is a public officer or employee, such person
shall suffer the penalty of reclusion perpetua.”


SEC. 2. All laws, decrees, ordinances and rules inconsistent with the
provisions of this Act are hereby modified or repealed accordingly.

SEC. 3. This Act shall take effect fifteen days after the completion of
its publication in the Official Gazette or in a newspaper of general circulation.

Approved,